2
3
4
5
6 Cosponsor:
7 Travis M. Seegmiller
8
9 LONG TITLE
10 General Description:
11 This bill modifies parts of the Utah Code to make technical corrections.
12 Highlighted Provisions:
13 This bill:
14 ▸ modifies parts of the Utah Code to make technical corrections, including
15 eliminating references to repealed provisions, eliminating redundant or obsolete
16 language, making minor wording changes, updating cross-references, and correcting
17 numbering and other errors.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 9-1-209, as enacted by Laws of Utah 2020, Chapter 318
25 9-6-903, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
26 10-9a-401, as last amended by Laws of Utah 2019, Chapters 136 and 327
27 10-9a-404, as last amended by Laws of Utah 2020, Chapter 434
28 10-9a-408, as last amended by Laws of Utah 2020, Chapter 434
29 16-10a-1008.7, as last amended by Laws of Utah 2013, Chapter 412
30 17B-2a-1205, as last amended by Laws of Utah 2020, Chapters 282 and 397
31 19-6-119, as last amended by Laws of Utah 2018, Chapter 241
32 20A-2-206, as last amended by Laws of Utah 2020, Chapters 31, 95 and last amended
33 by Coordination Clause, Laws of Utah 2020, Chapter 95
34 26-21-3, as last amended by Laws of Utah 2020, Chapters 154, 352, 373 and last
35 amended by Coordination Clause, Laws of Utah 2020, Chapter 154
36 26-60-103, as last amended by Laws of Utah 2020, Chapter 119
37 31A-35-103, as last amended by Laws of Utah 2017, Chapters 168 and 363
38 34A-2-407, as last amended by Laws of Utah 2019, Chapter 136
39 34A-3-108, as last amended by Laws of Utah 2019, Chapter 136
40 49-11-406, as last amended by Laws of Utah 2020, Chapter 24
41 49-13-203, as last amended by Laws of Utah 2020, Chapters 24 and 365
42 49-20-418, as enacted by Laws of Utah 2018, Chapter 357
43 49-22-205, as last amended by Laws of Utah 2020, Chapter 24
44 53E-1-201, as last amended by Laws of Utah 2020, Chapters 51, 174, 254, 274, 321,
45 354, 365 and last amended by Coordination Clause, Laws of Utah 2020, Chapters
46 254, 274, and 321
47 59-10-1034, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
48 59-12-102, as last amended by Laws of Utah 2020, Chapters 354, 365, and 438
49 62A-15-103.5, as enacted by Laws of Utah 2019, Chapter 110
50 63B-1-306, as last amended by Laws of Utah 2017, Chapter 436
51 63C-4a-102, as last amended by Laws of Utah 2019, Chapter 246
52 63G-2-204, as last amended by Laws of Utah 2019, Chapter 334
53 63G-6a-1204, as last amended by Laws of Utah 2014, Chapter 196
54 63I-1-226, as last amended by Laws of Utah 2020, Chapters 19, 154, 172, 181, 221,
55 232, 303, 347, and 429
56 63I-1-251, as last amended by Laws of Utah 2020, Chapter 232
57 63I-1-253, as last amended by Laws of Utah 2020, Chapters 154, 174, 214, 234, 242,
58 269, 335, and 354
59 63I-1-259, as last amended by Laws of Utah 2020, Chapter 332
60 63I-2-217, as last amended by Laws of Utah 2020, Chapters 47, 114, and 434
61 63I-2-219, as last amended by Laws of Utah 2019, Chapter 246
62 63I-2-249, as last amended by Laws of Utah 2020, Chapter 187
63 63I-2-253, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
64 63I-2-263, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
65 63J-3-402, as last amended by Laws of Utah 2017, Chapter 436
66 63M-4-503, as last amended by Laws of Utah 2018, Chapter 149
67 63M-7-204, as last amended by Laws of Utah 2020, Chapters 200, 230, and 395
68 63N-15-501, as enacted by Laws of Utah 2020, Sixth Special Session, Chapter 19
69 67-22-2, as last amended by Laws of Utah 2018, Chapter 39
70 76-9-802, as last amended by Laws of Utah 2020, Chapter 394
71
72 Be it enacted by the Legislature of the state of Utah:
73 Section 1. Section 9-1-209 is amended to read:
74 9-1-209. Heritage and Arts Foundation Fund.
75 (1) As used in this section, "fund" means the Heritage and Arts Foundation Fund
76 created in this section.
77 (2) There is created an expendable special revenue fund known as the "Heritage and
78 Arts Foundation Fund."
79 (3) The executive director shall administer the fund.
80 (4) Money may be deposited into the fund from a variety of sources, including
81 transfers, grants, private foundations, individual donors, gifts, bequests, legislative
82 appropriations, and money made available from any other source.
83 (5) Money collected by the Heritage and Arts Foundation described in Subsections
84 [
85 (6) Any portion of the fund may be treated as an endowment fund such that the
86 principal of that portion of the fund is held in perpetuity on behalf of the department.
87 (7) The state treasurer shall invest the money in the fund according to the procedures
88 and requirements of Title 51, Chapter 7, State Money Management Act, except that all interest
89 or other earnings derived from those investments shall be deposited into the fund.
90 (8) The executive director may expend money from the fund for any of the purposes
91 described in this title.
92 Section 2. Section 9-6-903 is amended to read:
93 9-6-903. Duties of the division.
94 (1) As soon as is practicable but on or before July 31, 2020, the division shall:
95 (a) establish an application process by which a qualified organization may apply for a
96 grant under this part, which application shall include:
97 (i) a declaration, signed under penalty of perjury, that the application is complete, true,
98 and correct and any estimates about the net costs to provide the cultural, artistic, botanical,
99 recreational, or zoological activity are made in good faith;
100 (ii) an acknowledgment that the qualified organization is subject to audit; and
101 (iii) a plan for providing the activity described in Subsection 9-6-902(2)(a);
102 (b) establish a method for the office, in consultation with the Governor's Office of
103 Economic Development for recreational applicants, to determine which applicants are eligible
104 to receive a grant;
105 (c) establish a formula to award grant funds; and
106 (d) report the information described in Subsections (1)(a) through (c) to the director of
107 the Division of Finance.
108 (2) The division shall:
109 (a) participate in the presentation that the director of the Division of Finance provides
110 to the legislative committee under Section 63A-3-111; and
111 (b) consider any recommendations for adjustments to the grant program from the
112 legislative committee.
113 (3) Subject to appropriation, beginning on August 5, 2020, the division shall:
114 (a) collect applications for grant funds from qualified organizations;
115 (b) determine, in consultation with the Governor's Office of Economic Development
116 for recreational applicants, which applicants meet the eligibility requirements for receiving a
117 grant; and
118 (c) award the grant funds:
119 (i) (A) after an initial application period that ends on or before August 31, 2020; and
120 (B) if funds remain after the initial application period, on a rolling basis until the
121 earlier of funds being exhausted or December 30, 2020; and
122 (ii) in accordance with the process established under Subsection (1) [
123
124 (4) The division shall encourage any qualified organization that receives grant funds to
125 commit to following best practices to protect the health and safety of the qualified
126 organization's employees and customers.
127 (5) (a) The division may audit a qualified organization's reported net cost to provide a
128 cultural, artistic, botanical, recreational, or zoological activity.
129 (b) The division may recapture grant funds if, after audit, the division determines that:
130 (i) if a qualified organization made representations about the qualified organization's
131 actual net cost to provide the cultural, artistic, botanical, recreational, or zoological activity, the
132 representations are not complete, true, and correct; or
133 (ii) if a qualified organization made representations about the qualified organization's
134 estimated net cost to provide the cultural, artistic, botanical, recreational, or zoological activity,
135 the representations are not made in good faith.
136 (c) (i) A qualified organization that is subject to recapture shall pay to the Division of
137 Finance a penalty equal to the amount of the grant recaptured multiplied by the applicable
138 income tax rate in Section 59-7-104 or 59-10-104.
139 (ii) The Division of Finance shall deposit the penalty into the Education Fund.
140 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
141 division may make rules to administer the grant program.
142 Section 3. Section 10-9a-401 is amended to read:
143 10-9a-401. General plan required -- Content.
144 (1) In order to accomplish the purposes of this chapter, each municipality shall prepare
145 and adopt a comprehensive, long-range general plan for:
146 (a) present and future needs of the municipality; and
147 (b) growth and development of all or any part of the land within the municipality.
148 (2) The general plan may provide for:
149 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
150 activities, aesthetics, and recreational, educational, and cultural opportunities;
151 (b) the reduction of the waste of physical, financial, or human resources that result
152 from either excessive congestion or excessive scattering of population;
153 (c) the efficient and economical use, conservation, and production of the supply of:
154 (i) food and water; and
155 (ii) drainage, sanitary, and other facilities and resources;
156 (d) the use of energy conservation and solar and renewable energy resources;
157 (e) the protection of urban development;
158 (f) if the municipality is a town, the protection or promotion of moderate income
159 housing;
160 (g) the protection and promotion of air quality;
161 (h) historic preservation;
162 (i) identifying future uses of land that are likely to require an expansion or significant
163 modification of services or facilities provided by each affected entity; and
164 (j) an official map.
165 (3) (a) The general plan of a municipality, other than a town, shall plan for moderate
166 income housing growth.
167 (b) On or before December 1, 2019, each of the following that have a general plan that
168 does not comply with Subsection (3)(a) shall amend the general plan to comply with
169 Subsection (3)(a):
170 (i) a city of the first, second, third, or fourth class;
171 (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
172 within a county of the first, second, or third class; and
173 (iii) a metro township with a population of 5,000 or more.
174 (c) The population figures described in Subsections (3)(b)(ii) and (iii) shall be derived
175 from:
176 (i) the most recent official census or census estimate of the United States Census
177 Bureau; or
178 (ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
179 Utah Population Committee.
180 (4) Subject to Subsection 10-9a-403[
181 comprehensiveness, extent, and format of the general plan.
182 Section 4. Section 10-9a-404 is amended to read:
183 10-9a-404. Public hearing by planning commission on proposed general plan or
184 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
185 by legislative body.
186 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
187 amend the general plan, the planning commission shall schedule and hold a public hearing on
188 the proposed plan or amendment.
189 (b) The planning commission shall provide notice of the public hearing, as required by
190 Section 10-9a-204.
191 (c) After the public hearing, the planning commission may modify the proposed
192 general plan or amendment.
193 (2) The planning commission shall forward the proposed general plan or amendment to
194 the legislative body.
195 (3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
196 general plan or amendment that it considers appropriate.
197 (b) If the municipal legislative body rejects the proposed general plan or amendment, it
198 may provide suggestions to the planning commission for the planning commission's review and
199 recommendation.
200 (4) The legislative body shall adopt:
201 (a) a land use element as provided in Subsection 10-9a-403[
202 (b) a transportation and traffic circulation element as provided in Subsection
203 10-9a-403[
204 (c) for a municipality, other than a town, after considering the factors included in
205 Subsection 10-9a-403[
206 for additional moderate income housing within the next five years.
207 Section 5. Section 10-9a-408 is amended to read:
208 10-9a-408. Reporting requirements and civil action regarding moderate income
209 housing element of general plan.
210 (1) The legislative body of a municipality described in Subsection 10-9a-401(3)(b)
211 shall annually:
212 (a) review the moderate income housing plan element of the municipality's general
213 plan and implementation of that element of the general plan;
214 (b) prepare a report on the findings of the review described in Subsection (1)(a); and
215 (c) post the report described in Subsection (1)(b) on the municipality's website.
216 (2) The report described in Subsection (1) shall include:
217 (a) a revised estimate of the need for moderate income housing in the municipality for
218 the next five years;
219 (b) a description of progress made within the municipality to provide moderate income
220 housing, demonstrated by analyzing and publishing data on the number of housing units in the
221 municipality that are at or below:
222 (i) 80% of the adjusted median family income;
223 (ii) 50% of the adjusted median family income; and
224 (iii) 30% of the adjusted median family income;
225 (c) a description of any efforts made by the municipality to utilize a moderate income
226 housing set-aside from a community reinvestment agency, redevelopment agency, or
227 community development and renewal agency; and
228 (d) a description of how the municipality has implemented any of the recommendations
229 related to moderate income housing described in Subsection 10-9a-403[
230 (3) The legislative body of each municipality described in Subsection (1) shall send a
231 copy of the report under Subsection (1) to the Department of Workforce Services, the
232 association of governments in which the municipality is located, and, if located within the
233 boundaries of a metropolitan planning organization, the appropriate metropolitan planning
234 organization.
235 (4) In a civil action seeking enforcement or claiming a violation of this section or of
236 Subsection 10-9a-404(4)(c), a plaintiff may not recover damages but may be awarded only
237 injunctive or other equitable relief.
238 Section 6. Section 16-10a-1008.7 is amended to read:
239 16-10a-1008.7. Conversion to or from a domestic limited liability company.
240 (1) (a) A corporation may convert to a domestic limited liability company subject to
241 [
242 Utah Revised Uniform Limited Liability Company Act, as appropriate pursuant to Section
243 48-3a-1405 by complying with:
244 (i) this Subsection (1); and
245 (ii) Section [
246 (b) If a corporation converts to a domestic limited liability company in accordance with
247 this Subsection (1), the articles of conversion shall:
248 (i) comply with [
249 (ii) if the corporation has issued shares, provide for:
250 (A) the cancellation of any issued share; or
251 (B) the conversion of any issued share to a membership interest in the domestic limited
252 liability company.
253 (c) Before [
254 statement of conversion, in accordance with Section 48-3a-1045, may be filed with the
255 division, the conversion shall be approved:
256 (i) in the manner provided for the articles of incorporation or bylaws of the
257 corporation; or
258 (ii) if the articles of incorporation or bylaws of the corporation do not provide the
259 method for approval:
260 (A) if the corporation has issued shares, by all of the outstanding shares of all classes
261 of shares of the corporation regardless of limitations or restrictions on the voting rights of the
262 shares; or
263 (B) if the corporation has not issued shares, by a majority of:
264 (I) the directors in office at the time that the conversion is approved by the board of
265 directors; or
266 (II) if directors have not been appointed or elected, the incorporators.
267 (2) A domestic limited liability company may convert to a corporation subject to this
268 chapter by:
269 (a) filing articles of incorporation in accordance with this chapter; and
270 (b) complying with Section [
271 Section 48-3a-1405.
272 Section 7. Section 17B-2a-1205 is amended to read:
273 17B-2a-1205. Public infrastructure district board -- Governing document.
274 (1) The legislative body or board of the creating entity shall appoint the members of the
275 board, in accordance with the governing document.
276 (2) (a) Unless otherwise limited in the governing document and except as provided in
277 Subsection (2)(b), the initial term of each member of the board is four years.
278 (b) Notwithstanding Subsection (2)(a), approximately half of the members of the initial
279 board shall serve a six-year term so that, after the expiration of the initial term, the term of
280 approximately half the board members expires every two years.
281 (c) A board may elect that a majority of the board serve an initial term of six years.
282 (d) After the initial term, the term of each member of the board is four years.
283 (3) (a) Notwithstanding Subsection 17B-1-302(1)(b), a board member is not required
284 to be a resident within the boundaries of the public infrastructure district if:
285 (i) all of the surface property owners consent to the waiver of the residency
286 requirement;
287 (ii) there are no residents within the boundaries of the public infrastructure district;
288 (iii) no qualified candidate timely files to be considered for appointment to the board;
289 or
290 (iv) no qualified individual files a declaration of candidacy for a board position in
291 accordance with Subsection [
292 (b) Except under the circumstances described in Subsection (3)(a)(iii) or (iv), the
293 residency requirement in Subsection 17B-1-302(1)(b) is applicable to any board member
294 elected for a division or board position that has transitioned from an appointed to an elected
295 board member in accordance with this section.
296 (c) An individual who is not a resident within the boundaries of the public
297 infrastructure district may not serve as a board member unless the individual is:
298 (i) an owner of land or an agent or officer of the owner of land within the boundaries of
299 the public infrastructure district; and
300 (ii) a registered voter at the individual's primary residence.
301 (4) (a) A governing document may provide for a transition from legislative body
302 appointment under Subsection (1) to a method of election by registered voters based upon
303 milestones or events that the governing document identifies, including a milestone for each
304 division or individual board position providing that when the milestone is reached:
305 (i) for a division, the registered voters of the division elect a member of the board in
306 place of an appointed member at the next municipal general election for the board position; or
307 (ii) for an at large board position established in the governing document, the registered
308 voters of the public infrastructure district elect a member of the board in place of an appointed
309 member at the next municipal general election for the board position.
310 (b) Regardless of whether a board member is elected under Subsection (4)(a), the
311 position of each remaining board member shall continue to be appointed under Subsection (1)
312 until the member's respective division or board position surpasses the density milestone
313 described in the governing document.
314 (5) (a) Subject to Subsection (5)(c), the board may, in the board's discretion but no
315 more frequently than every four years, reestablish the boundaries of each division so that each
316 division that has reached a milestone specified in the governing document, as described in
317 Subsection (4)(a), has, as nearly as possible, the same number of eligible voters.
318 (b) In reestablishing division boundaries under Subsection (5)(a), the board shall
319 consider existing or potential developments within the divisions which, when completed,
320 would increase or decrease the number of eligible voters within the division.
321 (c) The governing document may prohibit the board from reestablishing, without the
322 consent of the creating entity, the division boundaries as described in Subsection (5)(a).
323 (6) The public infrastructure district may not compensate a board member for the
324 member's service on the board under Section 17B-1-307 unless the board member is a resident
325 within the boundaries of the public infrastructure district.
326 (7) The governing document shall:
327 (a) include a boundary description and a map of the public infrastructure district;
328 (b) state the number of board members;
329 (c) describe any divisions of the public infrastructure district;
330 (d) establish any applicable property tax levy rate limit for the public infrastructure
331 district;
332 (e) establish any applicable limitation on the principal amount of indebtedness for the
333 public infrastructure district; and
334 (f) include other information that the public infrastructure district or the creating entity
335 determines to be necessary or advisable.
336 (8) (a) Except as provided in Subsection (8)(b), the board and the governing body of
337 the creating entity may amend a governing document by each adopting a resolution that
338 approves the amended governing document.
339 (b) Notwithstanding Subsection (8)(a), any amendment to a property tax levy rate
340 limitation requires the consent of:
341 (i) 100% of surface property owners within the boundaries of the public infrastructure
342 district; and
343 (ii) 100% of the registered voters, if any, within the boundaries of the public
344 infrastructure district.
345 (9) A board member is not in violation of Section 67-16-9 if the board member:
346 (a) discloses a business relationship in accordance with Sections 67-16-7 and 67-16-8
347 and files the disclosure with the creating entity:
348 (i) before any appointment or election; and
349 (ii) upon any significant change in the business relationship; and
350 (b) conducts the affairs of the public infrastructure district in accordance with this title
351 and any parameters described in the governing document.
352 (10) Notwithstanding any other provision of this section, the governing document
353 governs the number, appointment, and terms of board members of a public infrastructure
354 district created by the development authority.
355 Section 8. Section 19-6-119 is amended to read:
356 19-6-119. Nonhazardous solid waste disposal fees.
357 (1) (a) Through December 31, 2018, and except as provided in Subsection (4), the
358 owner or operator of a commercial nonhazardous solid waste disposal facility or incinerator
359 shall pay the following fees for waste received for treatment or disposal at the facility if the
360 facility or incinerator is required to have operation plan approval under Section 19-6-108 and
361 primarily receives waste generated by off-site sources not owned, controlled, or operated by the
362 facility or site owner or operator:
363 (i) 13 cents per ton on all municipal waste and municipal incinerator ash;
364 (ii) 50 cents per ton on the following wastes if the facility disposes of one or more of
365 the following wastes in a cell exclusively designated for the waste being disposed:
366 (A) construction waste or demolition waste;
367 (B) yard waste, including vegetative matter resulting from landscaping, land
368 maintenance, and land clearing operations;
369 (C) dead animals;
370 (D) waste tires and materials derived from waste tires disposed of in accordance with
371 Title 19, Chapter 6, Part 8, Waste Tire Recycling Act; and
372 (E) petroleum contaminated soils that are approved by the director; and
373 (iii) $2.50 per ton on:
374 (A) all nonhazardous solid waste not described in Subsections (1)(a)(i) and (ii); and
375 (B) (I) fly ash waste;
376 (II) bottom ash waste;
377 (III) slag waste;
378 (IV) flue gas emission control waste generated primarily from the combustion of coal
379 or other fossil fuels;
380 (V) waste from the extraction, beneficiation, and processing of ores and minerals; and
381 (VI) cement kiln dust wastes.
382 (b) A commercial nonhazardous solid waste disposal facility or incinerator subject to
383 the fees under Subsection (1)(a)(i) or (ii) is not subject to the fee under Subsection (1)(a)(iii)
384 for those wastes described in Subsections (1)(a)(i) and (ii).
385 (c) The owner or operator of a facility described in Subsection 19-6-102(3)(b)(iii) shall
386 pay a fee of 13 cents per ton on all municipal waste received for disposal at the facility.
387 (2) (a) Through December 31, 2018, and except as provided in Subsections (2)(c) and
388 (4), a waste facility that is owned by a political subdivision shall pay the following annual
389 facility fee to the department by January 15 of each year:
390 (i) $800 if the facility receives 5,000 or more but fewer than 10,000 tons of municipal
391 waste each year;
392 (ii) $1,450 if the facility receives 10,000 or more but fewer than 20,000 tons of
393 municipal waste each year;
394 (iii) $3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of
395 municipal waste each year;
396 (iv) $12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of
397 municipal waste each year;
398 (v) $14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of
399 municipal waste each year;
400 (vi) $33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of
401 municipal waste each year; and
402 (vii) $66,000 if the facility receives 500,000 or more tons of municipal waste each
403 year.
404 (b) The fee identified in Subsection (2)(a) for 2018 shall be paid by January 15, 2019.
405 (c) Through December 31, 2018, and except as provided in Subsection (4), a waste
406 facility that is owned by a political subdivision shall pay $2.50 per ton for:
407 (i) nonhazardous solid waste that is not a waste described in Subsection (1)(a)(i) or (ii)
408 received for disposal if the waste is:
409 (A) generated outside the boundaries of the political subdivision; and
410 (B) received from a single generator and exceeds 500 tons in a calendar year; and
411 (ii) waste described in Subsection (1)(a)(iii)(B) received for disposal if the waste is:
412 (A) generated outside the boundaries of the political subdivision; and
413 (B) received from a single generator and exceeds 500 tons in a calendar year.
414 (d) Waste received at a facility owned by a political subdivision under Subsection
415 (2)(c) may not be counted as part of the total tonnage received by the facility under Subsection
416 (2)(a).
417 (3) (a) As used in this Subsection (3):
418 (i) "Recycling center" means a facility that extracts valuable materials from a waste
419 stream or transforms or remanufactures the material into a usable form that has demonstrated
420 or potential market value.
421 (ii) "Transfer station" means a permanent, fixed, supplemental collection and
422 transportation facility that is used to deposit collected solid waste from off-site into a transfer
423 vehicle for transport to a solid waste handling or disposal facility.
424 (b) Through December 31, 2018, and except as provided in Subsection (4), the owner
425 or operator of a transfer station or recycling center shall pay to the department the following
426 fees on waste sent for disposal to a nonhazardous solid waste disposal or treatment facility that
427 is not subject to a fee under this section:
428 (i) $1.25 per ton on:
429 (A) all nonhazardous solid waste; and
430 (B) waste described in Subsection (1)(a)(iii)(B);
431 (ii) 10 cents per ton on all construction and demolition waste; and
432 (iii) 5 cents per ton on all municipal waste or municipal incinerator ash.
433 (c) Wastes subject to fees under Subsection (3)(b)(ii) or (iii) are not subject to the fee
434 required under Subsection (3)(b)(i).
435 (4) The owner or operator of a waste disposal facility that receives nonhazardous solid
436 waste described in Subsection (1)(a)(iii)(B) is not required to pay any fee on those
437 nonhazardous solid wastes if received solely for the purpose of recycling, reuse, or
438 reprocessing.
439 (5) Through December 31, 2018, and except as provided in Subsection (2)(a), a facility
440 required to pay fees under this section shall:
441 (a) calculate the fees by multiplying the total tonnage of nonhazardous solid waste
442 received during the calendar month, computed to the first decimal place, by the required fee
443 rate;
444 (b) pay the fees imposed by this section to the department by the 15th day of the month
445 following the month in which the fees accrued; and
446 (c) with the fees required under Subsection (6)(b), submit to the department, on a form
447 prescribed by the department, information that verifies the amount of nonhazardous solid waste
448 received and the fees that the owner or operator is required to pay.
449 (6) (a) In accordance with Section 63J-1-504, on or before July 1, 2018, and each fiscal
450 year thereafter, the department shall establish a fee schedule for the treatment, transfer, and
451 disposal of all nonhazardous solid waste.
452 (b) The department shall, before establishing the annual fee schedule described in
453 Subsection (6)(a), consult with industry and local government and complete a review of
454 program costs and indirect costs of regulating nonhazardous solid waste in the state and use the
455 findings of the review to create the fee schedule.
456 (c) The fee schedule described in Subsection (6)(a) shall:
457 (i) create an equitable and fair, though not necessarily equal or uniform, fee to be paid
458 by all persons whose treatment, transfer, or disposal of nonhazardous solid waste creates a
459 regulatory burden to the department, based on the actual cost [
460
461 self-inspect under Section 19-6-109, except as provided in Subsection (6)(d);
462 (ii) cover the fully burdened costs of the program and provide for reasonable and
463 timely oversight by the department;
464 (iii) adequately meet the needs of industry, local government, and the department,
465 including enabling the department to employ the appropriate number of qualified personnel to
466 appropriately oversee industry and local government regulation;
467 (iv) provide stable funding for the Environmental Quality Restricted Account created
468 in Section 19-1-108; and
469 (v) for solid waste managed at a transfer facility, be no greater than the cost of
470 regulatory services provided to the transfer facility.
471 (d) Any person who treats, transfers, stores, or disposes of solid waste from the
472 extraction, beneficiation, and processing of ores and minerals on a site owned, controlled, or
473 operated by that person may not be charged a fee under this section for the treatment, transfer,
474 storage, or disposal of solid waste from the extraction, beneficiation, and processing of ores
475 and minerals that are generated:
476 (i) on-site by the person; or
477 (ii) by off-site sources owned, controlled, or operated by the person.
478 (e) The fees in the fee schedule established by Subsection (6)(a) shall take effect on
479 January 1, 2019.
480 (7) On and after January 1, 2019, a facility required to pay fees under this section shall:
481 (a) pay the fees imposed by this section to the department by the 15th day of the month
482 following the quarter in which the fees accrued; and
483 (b) with the fees required under Subsection (7)(a), submit to the department, on a form
484 prescribed by the department, information that verifies the amount of nonhazardous solid waste
485 received and the fees that the owner or operator is required to pay.
486 (8) In setting the fee schedule described in Subsection (6)(a), the department shall
487 ensure that a party is not charged multiple fees for the same solid waste, except the department
488 may charge a separate fee for a transfer station.
489 (9) The department shall:
490 (a) deposit all fees received under this section into the Environmental Quality
491 Restricted Account created in Section 19-1-108; and
492 (b) in preparing its budget for the governor and the Legislature, separately indicate the
493 amount of the department's budget necessary to administer the solid and hazardous waste
494 program established by this part.
495 (10) The department may contract or agree with a county to assist in performing
496 nonhazardous solid waste management activities, including agreements for:
497 (a) the development of a solid waste management plan required under Section
498 17-15-23; and
499 (b) pass-through of available funding.
500 (11) This section does not exempt any facility from applicable regulation under the
501 Atomic Energy Act, 42 U.S.C. Sec. 2014 and 2021 through 2114.
502 (12) The department shall report to the Natural Resources, Agriculture, and
503 Environment Interim Committee by November 30, 2017, on the fee schedule described in
504 Subsection (6)(a).
505 Section 9. Section 20A-2-206 is amended to read:
506 20A-2-206. Electronic registration.
507 (1) The lieutenant governor shall create and maintain an electronic system that is
508 publicly available on the Internet for an individual to apply for voter registration or
509 preregistration.
510 (2) An electronic system for voter registration or preregistration shall require:
511 (a) that an applicant have a valid driver license or identification card, issued under Title
512 53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
513 of residence;
514 (b) that the applicant provide the information required by Section 20A-2-104, except
515 that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
516 and (4);
517 (c) that the applicant attest to the truth of the information provided; and
518 (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
519 applicant's:
520 (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
521 Uniform Driver License Act, for voter registration purposes; or
522 (ii) signature on file in the lieutenant governor's statewide voter registration database
523 developed under Section 20A-2-109.
524 (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
525 voter registration or preregistration created under this section is not required to complete a
526 printed registration form.
527 (4) A system created and maintained under this section shall provide the notices
528 concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
529 (5) The lieutenant governor shall:
530 (a) obtain a digital copy of the applicant's driver license or identification card signature
531 from the Driver License Division; or
532 (b) ensure that the applicant's signature is already on file in the lieutenant governor's
533 statewide voter registration database developed under Section 20A-2-109.
534 (6) The lieutenant governor shall send the information to the county clerk for the
535 county in which the applicant's principal place of residence is found for further action as
536 required by Section 20A-2-304 after:
537 (a) receiving all information from an applicant; and
538 (b) (i) receiving all information from the Driver License Division; or
539 (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
540 statewide voter registration database developed under Section 20A-2-109.
541 (7) The lieutenant governor may use additional security measures to ensure the
542 accuracy and integrity of an electronically submitted voter registration.
543 (8) If an individual applies to register under this section no later than 11 calendar days
544 before the date of an election, the county clerk shall:
545 (a) accept and process the voter registration form;
546 (b) unless the individual named in the form is preregistering to vote:
547 (i) enter the applicant's name on the list of registered voters for the voting precinct in
548 which the applicant resides; and
549 (ii) notify the individual that the individual is registered to vote in the upcoming
550 election; and
551 (c) if the individual named in the form is preregistering to vote, comply with Section
552 20A-2-101.1.
553 (9) If an individual applies to register under this section after the deadline described in
554 Subsection (8), the county clerk shall, unless the individual is preregistering to vote:
555 (a) accept the application for registration; and
556 (b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
557 individual that the individual will not be registered to vote in the pending election, unless the
558 individual registers to vote by provisional ballot during the early voting period, if applicable, or
559 on election day, in accordance with Section 20A-2-207.
560 (10) The lieutenant governor shall provide a means by which a registered voter shall
561 sign the application form [
562 Section 10. Section 26-21-3 is amended to read:
563 26-21-3. Health Facility Committee -- Members -- Terms -- Organization --
564 Meetings.
565 (1) (a) The Health Facility Committee created by Section 26-1-7 consists of [
566 members appointed by the governor in consultation with the executive director.
567 (b) The appointed members shall be knowledgeable about health care facilities and
568 issues.
569 (2) The membership of the committee is:
570 (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
571 Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
572 who is a graduate of a regularly chartered medical school;
573 (b) one hospital administrator;
574 (c) one hospital trustee;
575 (d) one representative of a freestanding ambulatory surgical facility;
576 (e) one representative of an ambulatory surgical facility that is affiliated with a
577 hospital;
578 (f) one representative of the nursing care facility industry;
579 (g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
580 Practice Act;
581 (h) one licensed architect or engineer with expertise in health care facilities;
582 (i) one representative of assisted living facilities licensed under this chapter;
583 (j) two consumers, one of whom has an interest in or expertise in geriatric care; and
584 (k) one representative from either a home health care provider or a hospice provider.
585 (3) (a) Except as required by Subsection (3)(b), members shall be appointed for a term
586 of four years.
587 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
588 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
589 committee members are staggered so that approximately half of the committee is appointed
590 every two years.
591 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
592 appointed for the unexpired term by the governor, giving consideration to recommendations
593 made by the committee, with the consent of the Senate.
594 (d) A member may not serve more than two consecutive full terms or 10 consecutive
595 years, whichever is less. However, a member may continue to serve as a member until the
596 member is replaced.
597 (e) The committee shall annually elect from its membership a chair and vice chair.
598 (f) The committee shall meet at least quarterly, or more frequently as determined by the
599 chair or five members of the committee.
600 (g) Six members constitute a quorum. A vote of the majority of the members present
601 constitutes action of the committee.
602 Section 11. Section 26-60-103 is amended to read:
603 26-60-103. Scope of telehealth practice.
604 (1) A provider offering telehealth services shall:
605 (a) at all times:
606 (i) act within the scope of the provider's license under Title 58, Occupations and
607 Professions, in accordance with the provisions of this chapter and all other applicable laws and
608 rules; and
609 (ii) be held to the same standards of practice as those applicable in traditional health
610 care settings;
611 (b) if the provider does not already have a provider-patient relationship with the
612 patient, establish a provider-patient relationship during the patient encounter in a manner
613 consistent with the standards of practice, determined by the Division of Professional Licensing
614 in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
615 including providing the provider's licensure and credentials to the patient;
616 (c) [
617 providing treatment or prescribing a prescription drug, establish a diagnosis and identify
618 underlying conditions and contraindications to a recommended treatment after:
619 (i) obtaining from the patient or another provider the patient's relevant clinical history;
620 and
621 (ii) documenting the patient's relevant clinical history and current symptoms;
622 (d) be available to a patient who receives telehealth services from the provider for
623 subsequent care related to the initial telemedicine services, in accordance with community
624 standards of practice;
625 (e) be familiar with available medical resources, including emergency resources near
626 the originating site, in order to make appropriate patient referrals when medically indicated;
627 (f) in accordance with any applicable state and federal laws, rules, and regulations,
628 generate, maintain, and make available to each patient receiving telehealth services the patient's
629 medical records; and
630 (g) if the patient has a designated health care provider who is not the telemedicine
631 provider:
632 (i) consult with the patient regarding whether to provide the patient's designated health
633 care provider a medical record or other report containing an explanation of the treatment
634 provided to the patient and the telemedicine provider's evaluation, analysis, or diagnosis of the
635 patient's condition;
636 (ii) collect from the patient the contact information of the patient's designated health
637 care provider; and
638 (iii) within two weeks after the day on which the telemedicine provider provides
639 services to the patient, and to the extent allowed under HIPAA as that term is defined in
640 Section 26-18-17, provide the medical record or report to the patient's designated health care
641 provider, unless the patient indicates that the patient does not want the telemedicine provider to
642 send the medical record or report to the patient's designated health care provider.
643 (2) Subsection (1)(g) does not apply to prescriptions for eyeglasses or contacts.
644 (3) Except as specifically provided in Title 58, Chapter 83, Online Prescribing,
645 Dispensing, and Facilitation Licensing Act, and unless a provider has established a
646 provider-patient relationship with a patient, a provider offering telemedicine services may not
647 diagnose a patient, provide treatment, or prescribe a prescription drug based solely on one of
648 the following:
649 (a) an online questionnaire;
650 (b) an email message; or
651 (c) a patient-generated medical history.
652 (4) A provider may not offer telehealth services if:
653 (a) the provider is not in compliance with applicable laws, rules, and regulations
654 regarding the provider's licensed practice; or
655 (b) the provider's license under Title 58, Occupations and Professions, is not active and
656 in good standing.
657 Section 12. Section 31A-35-103 is amended to read:
658 31A-35-103. Exemption from other provisions of this title.
659 Bail bond agencies are exempted from:
660 (1) Chapter 3, Department Funding, Fees, and Taxes, except Section 31A-3-103;
661 (2) Chapter 4, Insurers in General, except Sections 31A-4-102, 31A-4-103, 31A-4-104,
662 and 31A-4-107;
663 (3) Chapter 5, Domestic Stock and Mutual Insurance Corporations, except Section
664 31A-5-103;
665 (4) Chapter 6a, Service Contracts;
666 (5) Chapter 6b, Guaranteed Asset Protection Waiver Act;
667 (6) Chapter 7, Nonprofit Health Service Insurance Corporations;
668 (7) Chapter 8, Health Maintenance Organizations and Limited Health Plans;
669 (8) Chapter 8a, Health Discount Program Consumer Protection Act;
670 (9) Chapter 9, Insurance Fraternals;
671 (10) Chapter 10, Annuities;
672 (11) Chapter 11, Motor Clubs;
673 (12) Chapter 12, State Risk Management Fund;
674 (13) Chapter 14, Foreign Insurers;
675 (14) Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention Groups;
676 (15) Chapter 16, Insurance Holding Companies;
677 (16) Chapter 17, Determination of Financial Condition;
678 (17) Chapter 18, Investments;
679 (18) Chapter 19a, Utah Rate Regulation Act;
680 (19) Chapter 20, Underwriting Restrictions;
681 (20) Chapter 23b, Navigator License Act;
682 (21) Chapter 25, Third Party Administrators;
683 (22) Chapter 26, Insurance Adjusters;
684 (23) Chapter 27, Delinquency Administrative Action Provisions;
685 (24) Chapter 27a, Insurer Receivership Act;
686 (25) Chapter 28, Guaranty Associations;
687 (26) Chapter 30, Individual, Small Employer, and Group Health Insurance Act;
688 (27) Chapter 31, Insurance Fraud Act;
689 (28) Chapter 32a, Medical Care Savings Account Act;
690 (29) Chapter 36, Life Settlements Act;
691 (30) Chapter 37, Captive Insurance Companies Act;
692 (31) Chapter 37a, Special Purpose Financial Captive Insurance Company Act;
693 (32) Chapter 38, Federal Health Care Tax Credit Program Act;
694 (33) Chapter 39, Interstate Insurance Product Regulation Compact;
695 (34) Chapter 40, Professional Employer Organization Licensing Act;
696 (35) Chapter 41, Title Insurance Recovery, Education, and Research Fund Act; and
697 [
698 [
699 Section 13. Section 34A-2-407 is amended to read:
700 34A-2-407. Reporting of industrial injuries -- Regulation of health care
701 providers.
702 (1) As used in this section, "physician" is as defined in Section 34A-2-111.
703 (2) (a) An employee sustaining an injury arising out of and in the course of
704 employment shall provide notification to the employee's employer promptly of the injury.
705 (b) If the employee is unable to provide the notification required by Subsection (2)(a),
706 the following may provide notification of the injury to the employee's employer:
707 (i) the employee's next of kin; or
708 (ii) the employee's attorney.
709 (c) An employee claiming benefits under this chapter or Chapter 3, Utah Occupational
710 Disease Act, shall comply with rules adopted by the commission regarding disclosure of
711 medical records of the employee medically relevant to the industrial accident or occupational
712 disease claim.
713 (3) (a) An employee is barred for any claim of benefits arising from an injury if the
714 employee fails to notify within the time period described in Subsection (3)(b):
715 (i) the employee's employer in accordance with Subsection (2); or
716 (ii) the division.
717 (b) The notice required by Subsection (3)(a) shall be made within:
718 (i) 180 days of the day on which the injury occurs; or
719 (ii) in the case of an occupational hearing loss, the time period specified in Section
720 34A-2-506.
721 (4) The following constitute notification of injury required by Subsection (2):
722 (a) an employer's report filed with:
723 (i) the division; or
724 (ii) the employer's workers' compensation insurance carrier;
725 (b) a physician's injury report filed with:
726 (i) the division;
727 (ii) the employer; or
728 (iii) the employer's workers' compensation insurance carrier;
729 (c) a workers' compensation insurance carrier's report filed with the division; or
730 (d) the payment of any medical or disability benefits by:
731 (i) the employer; or
732 (ii) the employer's workers' compensation insurance carrier.
733 (5) (a) An employer and the employer's workers' compensation insurance carrier, if
734 any, shall file a report in accordance with the rules made under Subsection (5)(b) of a:
735 (i) work-related fatality; or
736 (ii) work-related injury resulting in:
737 (A) medical treatment;
738 (B) loss of consciousness;
739 (C) loss of work;
740 (D) restriction of work; or
741 (E) transfer to another job.
742 (b) An employer or the employer's workers' compensation insurance carrier, if any,
743 shall file a report required by Subsection (5)(a), and any subsequent reports of a previously
744 reported injury as may be required by the commission, within the time limits and in the manner
745 established by rule by the commission made after consultation with the workers' compensation
746 advisory council and in accordance with Title 63G, Chapter 3, Utah Administrative
747 Rulemaking Act. A rule made under this Subsection (5)(b) shall:
748 (i) be reasonable; and
749 (ii) take into consideration the practicality and cost of complying with the rule.
750 (c) A report is not required to be filed under this Subsection (5) for a minor injury, such
751 as a cut or scratch that requires first aid treatment only, unless:
752 (i) a treating physician files a report with the division in accordance with Subsection
753 (9); or
754 (ii) a treating physician is required to file a report with the division in accordance with
755 Subsection (9).
756 (6) An employer and its workers' compensation insurance carrier, if any, required to
757 file a report under Subsection (5) shall provide the employee with:
758 (a) a copy of the report submitted to the division; and
759 (b) a statement, as prepared by the division, of the employee's rights and
760 responsibilities related to the industrial injury.
761 (7) An employer shall maintain a record in a manner prescribed by the commission by
762 rule of all:
763 (a) work-related fatalities; or
764 (b) work-related injuries resulting in:
765 (i) medical treatment;
766 (ii) loss of consciousness;
767 (iii) loss of work;
768 (iv) restriction of work; or
769 (v) transfer to another job.
770 (8) (a) Except as provided in Subsection (8)(b), an employer or a workers'
771 compensation insurance carrier who refuses or neglects to make a report, maintain a record, or
772 file a report as required by this section is subject to a civil assessment:
773 (i) imposed by the division, subject to the requirements of Title 63G, Chapter 4,
774 Administrative Procedures Act; and
775 (ii) that may not exceed $500.
776 (b) An employer or workers' compensation insurance carrier is not subject to the civil
777 assessment under this Subsection (8) if:
778 (i) the employer or workers' compensation insurance carrier submits a report later than
779 required by this section; and
780 (ii) the division finds that the employer or workers' compensation insurance carrier has
781 shown good cause for submitting a report later than required by this section.
782 (c) (i) A civil assessment collected under this Subsection (8) shall be deposited into the
783 Uninsured Employers' Fund created in Section 34A-2-704 to be used for a purpose specified in
784 Section 34A-2-704.
785 (ii) The administrator of the Uninsured Employers' Fund shall collect money required
786 to be deposited into the Uninsured Employers' Fund under this Subsection (8)(c) in accordance
787 with Section 34A-2-704.
788 (9) (a) A physician attending an injured employee shall comply with rules established
789 by the commission regarding:
790 (i) fees for physician's services;
791 (ii) disclosure of medical records of the employee medically relevant to the employee's
792 industrial accident or occupational disease claim;
793 (iii) reports to the division regarding:
794 (A) the condition and treatment of an injured employee; or
795 (B) any other matter concerning industrial cases that the physician is treating; and
796 (iv) rules made under Section 34A-2-407.5.
797 (b) A physician who is associated with, employed by, or bills through a hospital is
798 subject to Subsection (9)(a).
799 (c) A hospital providing services for an injured employee is not subject to the
800 requirements of Subsection (9)(a) except for rules made by the commission that are described
801 in Subsection (9)(a)(ii) or (iii) or Section 34A-2-407.5.
802 (d) The commission's schedule of fees may reasonably differentiate remuneration to be
803 paid to providers of health services based on:
804 (i) the severity of the employee's condition;
805 (ii) the nature of the treatment necessary; and
806 (iii) the facilities or equipment specially required to deliver that treatment.
807 (e) This Subsection (9) does not prohibit a contract with a provider of health services
808 relating to the pricing of goods and services.
809 (10) A copy of the initial report filed under Subsection (9)(a)(iii) shall be furnished to:
810 (a) the division;
811 (b) the employee; and
812 (c) (i) the employer; or
813 (ii) the employer's workers' compensation insurance carrier.
814 (11) (a) As used in this Subsection (11):
815 (i) "Balance billing" means charging a person, on whose behalf a workers'
816 compensation insurance carrier or self-insured employer is obligated to pay medical benefits
817 under this chapter or Chapter 3, Utah Occupational Disease Act, for the difference between
818 what the workers' compensation insurance carrier or self-insured employer reimburses the
819 hospital for covered medical services and what the hospital charges for those covered medical
820 services.
821 (ii) "Covered medical services" means medical services provided by a hospital that are
822 covered by workers' compensation medical benefits under this chapter or Chapter 3, Utah
823 Occupational Disease Act.
824 [
825
826 [
827 34A-2-201.5.
828 (b) Subject to Subsection (11)(d), a workers' compensation insurance carrier or
829 self-insured employer may contract, either in writing or by mutual oral agreement, with a
830 hospital to establish reimbursement rates.
831 (c) Subject to Subsection (11)(d), for the time period beginning on May 8, 2018, and
832 ending on July 1, 2021, a workers' compensation insurance carrier or self-insured employer that
833 is reimbursing a hospital for covered medical services shall reimburse the hospital:
834 (i) in accordance with a contract described in Subsection (11)(b); or
835 (ii) (A) if the hospital is located in a county of the first, second, or third class, as
836 classified in Section 17-50-501, at 75% of the billed hospital fees for the covered medical
837 services; or
838 (B) if the hospital is located in a county of the fourth, fifth, or sixth class, as classified
839 in Section 17-50-501, at 85% of the billed hospital fees for the covered medical services.
840 (d) A hospital may not engage in balance billing.
841 [
842
843 (12) (a) Subject to appellate review under Section 34A-1-303, the commission has
844 exclusive jurisdiction to hear and determine:
845 (i) whether goods provided to or services rendered to an employee are compensable
846 pursuant to this chapter or Chapter 3, Utah Occupational Disease Act, including:
847 (A) medical, nurse, or hospital services;
848 (B) medicines; and
849 (C) artificial means, appliances, or prosthesis;
850 (ii) except for amounts charged or paid under Subsection (11), the reasonableness of
851 the amounts charged or paid for a good or service described in Subsection (12)(a)(i); and
852 (iii) collection issues related to a good or service described in Subsection (12)(a)(i).
853 (b) Except as provided in Subsection (12)(a), Subsection 34A-2-211(6), or Section
854 34A-2-212, a person may not maintain a cause of action in any forum within this state other
855 than the commission for collection or payment for goods or services described in Subsection
856 (12)(a) that are compensable under this chapter or Chapter 3, Utah Occupational Disease Act.
857 Section 14. Section 34A-3-108 is amended to read:
858 34A-3-108. Reporting of occupational diseases -- Regulation of health care
859 providers.
860 (1) An employee sustaining an occupational disease, as defined in this chapter, arising
861 out of and in the course of employment shall provide notification to the employee's employer
862 promptly of the occupational disease. If the employee is unable to provide notification, the
863 employee's next of kin or attorney may provide notification of the occupational disease to the
864 employee's employer.
865 (2) (a) An employee who fails to notify the employee's employer or the division within
866 180 days after the cause of action arises is barred from a claim of benefits arising from the
867 occupational disease.
868 (b) The cause of action is considered to arise on the date the employee first:
869 (i) suffers disability from the occupational disease; and
870 (ii) knows, or in the exercise of reasonable diligence should have known, that the
871 occupational disease is caused by employment.
872 (3) The following constitute notification of an occupational disease:
873 (a) an employer's report filed with the:
874 (i) division; or
875 (ii) workers' compensation insurance carrier;
876 (b) a physician's injury report filed with the:
877 (i) division;
878 (ii) employer; or
879 (iii) workers' compensation insurance carrier;
880 (c) a workers' compensation insurance carrier's report to the division; or
881 (d) the payment of any medical or disability benefit by the employer or the employer's
882 workers' compensation insurance carrier.
883 (4) (a) An employer and the employer's workers' compensation insurance carrier, if
884 any, shall file a report in accordance with the rules described in Subsection (4)(b) of any
885 occupational disease resulting in:
886 (i) medical treatment;
887 (ii) loss of consciousness;
888 (iii) loss of work;
889 (iv) restriction of work; or
890 (v) transfer to another job.
891 (b) An employer or the employer's workers' compensation insurance carrier, if any,
892 shall file a report required under Subsection (4)(a) and any subsequent reports of a previously
893 reported occupational disease as may be required by the commission within the time limits and
894 in the manner established by rule by the commission made in accordance with Title 63G,
895 Chapter 3, Utah Administrative Rulemaking Act, under Subsection 34A-2-407(5).
896 (c) A report is not required:
897 (i) for a minor injury that requires first aid treatment only, unless a treating physician
898 files, or is required to file, the Physician's Initial Report of Work Injury or Occupational
899 Disease with the division;
900 (ii) for occupational diseases that manifest after the employee is no longer employed by
901 the employer with which the exposure occurred; or
902 (iii) when the employer is not aware of an exposure occasioned by the employment that
903 results in an occupational disease as defined by Section 34A-3-103.
904 (5) An employer or its workers' compensation insurance carrier, if any, shall provide
905 the employee with:
906 (a) a copy of the report submitted to the division; and
907 (b) a statement, as prepared by the division, of the employee's rights and
908 responsibilities related to the occupational disease.
909 (6) An employer shall maintain a record in a manner prescribed by the division of
910 occupational diseases resulting in:
911 (a) medical treatment;
912 (b) loss of consciousness;
913 (c) loss of work;
914 (d) restriction of work; or
915 (e) transfer to another job.
916 (7) An employer or a workers' compensation insurance carrier who refuses or neglects
917 to make a report, maintain a record, or file a report with the division as required by this section
918 is subject to citation and civil assessment in accordance with Subsection 34A-2-407(8).
919 (8) (a) Except as provided in Subsection (8)(c), a physician, surgeon, or other health
920 care provider attending an occupationally diseased employee shall:
921 (i) comply with the rules, including the schedule of fees, for services as adopted by the
922 commission;
923 (ii) make reports to the division at any and all times as required as to the condition and
924 treatment of an occupationally diseased employee or as to any other matter concerning
925 industrial cases being treated; and
926 (iii) comply with rules made under Section 34A-2-407.5.
927 (b) A physician, as defined in Section 34A-2-111, who is associated with, employed
928 by, or bills through a hospital is subject to Subsection (8)(a).
929 (c) A hospital is not subject to the requirements of Subsection (8)(a) except a hospital
930 is subject to rules made by the commission under Subsections 34A-2-407(9)(a)(ii) and (iii) and
931 Section 34A-2-407.5.
932 (d) The commission's schedule of fees may reasonably differentiate remuneration to be
933 paid to providers of health services based on:
934 (i) the severity of the employee's condition;
935 (ii) the nature of the treatment necessary; and
936 (iii) the facilities or equipment specially required to deliver that treatment.
937 (e) This Subsection (8) does not prohibit a contract with a provider of health services
938 relating to the pricing of goods and services.
939 (9) A copy of the physician's initial report shall be furnished to the:
940 (a) division;
941 (b) employee; and
942 (c) employer or its workers' compensation insurance carrier.
943 (10) A person subject to reporting under Subsection (8)(a)(ii) or Subsection
944 34A-2-407(9)(a)(iii) who refuses or neglects to make a report or comply with this section is
945 subject to a civil assessment in accordance with Subsection 34A-2-407(8).
946 (11) (a) As used in this Subsection (11):
947 (i) "Balance billing" means charging a person, on whose behalf a workers'
948 compensation insurance carrier or self-insured employer is obligated to pay medical benefits
949 under this chapter or Chapter 2, Workers' Compensation Act, for the difference between what
950 the workers' compensation insurance carrier or self-insured employer reimburses the hospital
951 for covered medical services and what the hospital charges for those covered medical services.
952 (ii) "Covered medical services" means medical services provided by a hospital that are
953 covered by workers' compensation medical benefits under this chapter or Chapter 2, Workers'
954 Compensation Act.
955 [
956
957 [
958 34A-2-201.5.
959 (b) Subject to Subsection (11)(d), a workers' compensation insurance carrier or
960 self-insured employer may contract, either in writing or by mutual oral agreement, with a
961 hospital to establish reimbursement rates.
962 (c) Subject to Subsection (11)(d), for the time period beginning on May 10, 2016, and
963 ending on July 1, 2018, a workers' compensation insurance carrier or self-insured employer that
964 is reimbursing a hospital that has not entered into a contract described in Subsection (11)(b),
965 shall reimburse the hospital for covered medical services at 85% of the billed hospital fees for
966 the covered medical services.
967 (d) A hospital may not engage in balance billing.
968 [
969
970 (12) (a) An application for a hearing to resolve a dispute regarding an occupational
971 disease claim shall be filed with the Division of Adjudication.
972 (b) After the filing, a copy shall be forwarded by mail to:
973 (i) (A) the employer; or
974 (B) the employer's workers' compensation insurance carrier;
975 (ii) the applicant; and
976 (iii) the attorneys for the parties.
977 (13) (a) Subject to appellate review under Section 34A-1-303, the commission has
978 exclusive jurisdiction to hear and determine:
979 (i) whether goods provided to or services rendered to an employee is compensable
980 pursuant to this chapter and Chapter 2, Workers' Compensation Act, including the following:
981 (A) medical, nurse, or hospital services;
982 (B) medicines; and
983 (C) artificial means, appliances, or prosthesis;
984 (ii) except for amounts charged or paid under Subsection (11), the reasonableness of
985 the amounts charged or paid for a good or service described in Subsection (13)(a)(i); and
986 (iii) collection issues related to a good or service described in Subsection (13)(a)(i).
987 (b) Except as provided in Subsection (13)(a), Subsection 34A-2-211(6), or Section
988 34A-2-212, a person may not maintain a cause of action in any forum within this state other
989 than the commission for collection or payment of goods or services described in Subsection
990 (13)(a) that are compensable under this chapter or Chapter 2, Workers' Compensation Act.
991 Section 15. Section 49-11-406 is amended to read:
992 49-11-406. Governor's appointed executives and senior staff -- Appointed
993 legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
994 (1) As used in this section:
995 (a) "Defined benefit balance" means the total amount of the contributions made on
996 behalf of a member to a defined benefit system plus refund interest.
997 (b) "Senior staff" means an at-will employee who reports directly to an elected official,
998 executive director, or director and includes a deputy director and other similar, at-will
999 employee positions designated by the governor, the speaker of the House, or the president of
1000 the Senate and filed with the Department of Human Resource Management and the Utah State
1001 Retirement Office.
1002 (2) In accordance with this section and subject to requirements under federal law and
1003 rules made by the board, a member who has service credit from a system may elect to be
1004 exempt from coverage under a defined benefit system and to have the member's defined benefit
1005 balance transferred from the defined benefit system or plan to a defined contribution plan in the
1006 member's own name if the member is:
1007 (a) the state auditor;
1008 (b) the state treasurer;
1009 (c) an appointed executive under Subsection 67-22-2(1)(a);
1010 (d) an employee in the Governor's Office;
1011 (e) senior staff in the Governor's Office of Management and Budget;
1012 (f) senior staff in the Governor's Office of Economic Development;
1013 (g) senior staff in the Commission on Criminal and Juvenile Justice;
1014 (h) a legislative employee appointed under Subsection 36-12-7(3)(a); or
1015 (i) a legislative employee appointed by the speaker of the House of Representatives, the
1016 House of Representatives minority leader, the president of the Senate, or the Senate minority
1017 leader[
1018 [
1019
1020 (3) An election made under Subsection (2):
1021 (a) is final, and no right exists to make any further election;
1022 (b) is considered a request to be exempt from coverage under a defined benefits
1023 system; and
1024 (c) shall be made on forms provided by the office.
1025 (4) The board shall adopt rules to implement and administer this section.
1026 Section 16. Section 49-13-203 is amended to read:
1027 49-13-203. Exclusions from membership in system.
1028 (1) The following employees are not eligible for service credit in this system:
1029 (a) subject to the requirements of Subsection (2), an employee whose employment
1030 status is temporary in nature due to the nature or the type of work to be performed;
1031 (b) except as provided under Subsection (3)(a), an employee of an institution of higher
1032 education who participates in a retirement system with a public or private retirement system,
1033 organization, or company designated by the Utah Board of Higher Education, or the technical
1034 college board of trustees for an employee of each technical college, during any period in which
1035 required contributions based on compensation have been paid on behalf of the employee by the
1036 employer;
1037 (c) an employee serving as an exchange employee from outside the state for an
1038 employer who has not elected to make all of the employer's exchange employees eligible for
1039 service credit in this system;
1040 (d) an executive department head of the state or a legislative director, senior executive
1041 employed by the governor's office, a member of the State Tax Commission, a member of the
1042 Public Service Commission, and a member of a full-time or part-time board or commission
1043 who files a formal request for exemption;
1044 (e) an employee of the Department of Workforce Services who is covered under
1045 another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
1046 (f) an employee who is employed with an employer that has elected to be excluded
1047 from participation in this system under Subsection 49-13-202(5), effective on or after the date
1048 of the employer's election under Subsection 49-13-202(5);
1049 (g) an employee who is employed with a withdrawing entity that has elected under
1050 Section 49-11-623, prior to January 1, 2017, to exclude:
1051 (i) new employees from participation in this system under Subsection 49-11-623(3)(a);
1052 or
1053 (ii) all employees from participation in this system under Subsection 49-11-623(3)(b);
1054 or
1055 (h) an employee described in Subsection (1)(h)(i) or (ii) who is employed with a
1056 withdrawing entity that has elected under Section 49-11-624, before January 1, 2018, to
1057 exclude:
1058 (i) new employees from participation in this system under Subsection 49-11-624(3)(a);
1059 or
1060 (ii) all employees from participation in this system under Subsection 49-11-624(3)(b).
1061 (2) If an employee whose status is temporary in nature due to the nature of type of
1062 work to be performed:
1063 (a) is employed for a term that exceeds six months and the employee otherwise
1064 qualifies for service credit in this system, the participating employer shall report and certify to
1065 the office that the employee is a regular full-time employee effective the beginning of the
1066 seventh month of employment; or
1067 (b) was previously terminated prior to being eligible for service credit in this system
1068 and is reemployed within three months of termination by the same participating employer, the
1069 participating employer shall report and certify that the member is a regular full-time employee
1070 when the total of the periods of employment equals six months and the employee otherwise
1071 qualifies for service credits in this system.
1072 (3) (a) Upon cessation of the participating employer contributions, an employee under
1073 Subsection (1)(b) is eligible for service credit in this system.
1074 (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
1075 credit earned by an employee under this chapter before the date of the election under
1076 Subsection 49-13-202(5) is not affected under Subsection (1)(f).
1077 (4) Upon filing a written request for exemption with the office, the following
1078 employees shall be exempt from coverage under this system:
1079 (a) a full-time student or the spouse of a full-time student and individuals employed in
1080 a trainee relationship;
1081 (b) an elected official;
1082 (c) an executive department head of the state, a member of the State Tax Commission,
1083 a member of the Public Service Commission, and a member of a full-time or part-time board or
1084 commission;
1085 (d) an employee of the Governor's Office of Management and Budget;
1086 (e) an employee of the Governor's Office of Economic Development;
1087 (f) an employee of the Commission on Criminal and Juvenile Justice;
1088 (g) an employee of the Governor's Office;
1089 (h) an employee of the State Auditor's Office;
1090 (i) an employee of the State Treasurer's Office;
1091 (j) any other member who is permitted to make an election under Section 49-11-406;
1092 (k) a person appointed as a city manager or chief city administrator or another person
1093 employed by a municipality, county, or other political subdivision, who is an at-will employee;
1094 (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
1095 Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
1096 membership in a labor organization that provides retirement benefits to its members; and
1097 [
1098
1099
1100 [
1101 employer who has elected to make all of the employer's exchange employees eligible for
1102 service credit in this system.
1103 (5) (a) Each participating employer shall prepare and maintain a list designating those
1104 positions eligible for exemption under Subsection (4).
1105 (b) An employee may not be exempted unless the employee is employed in a position
1106 designated by the participating employer.
1107 (6) (a) In accordance with this section, Section 49-12-203, and Section 49-22-205, a
1108 municipality, county, or political subdivision may not exempt a total of more than 50 positions
1109 or a number equal to 10% of the eligible employees of the municipality, county, or political
1110 subdivision, whichever is less.
1111 (b) A municipality, county, or political subdivision may exempt at least one regular
1112 full-time employee.
1113 (7) Each participating employer shall:
1114 (a) maintain a list of employee exemptions; and
1115 (b) update the employee exemptions in the event of any change.
1116 (8) The office may make rules to implement this section.
1117 (9) An employee's exclusion, exemption, participation, or election described in this
1118 section:
1119 (a) shall be made in accordance with this section; and
1120 (b) is subject to requirements under federal law and rules made by the board.
1121 Section 17. Section 49-20-418 is amended to read:
1122 49-20-418. Expanded infertility treatment coverage pilot program.
1123 (1) As used in this section:
1124 (a) "Assisted reproductive technology" means the same as the term is defined in [
1125
1126 (b) "Physician" means the same as the term is defined in Section 58-67-102.
1127 (c) "Pilot program" means the expanded infertility treatment coverage pilot program
1128 described in Subsection (2).
1129 (d) "Qualified individual" means a covered individual who is eligible for maternity
1130 benefits under the program.
1131 (2) (a) Beginning plan year 2018-19, and ending plan year 2020-21, the program shall
1132 offer a 3-year pilot program within the state risk pool that provides coverage to a qualified
1133 individual for the use of an assisted reproductive technology.
1134 (b) The pilot program shall offer a one-time, lifetime maximum benefit of $4,000
1135 toward the costs of using an assisted reproductive technology for each qualified individual.
1136 (c) The benefit described in Subsection (2)(b) is subject to the same cost sharing
1137 requirements as the covered individual's plan.
1138 (3) Coverage offered under the pilot program applies if:
1139 (a) the patient who will use the assisted reproductive technology is a qualified
1140 individual;
1141 (b) (i) the patient's physician verifies that the patient or the patient's spouse has a
1142 demonstrated condition recognized by a physician as a cause of infertility; or
1143 (ii) the patient attests that the patient is unable to conceive a pregnancy or carry a
1144 pregnancy to a live birth after a year or more of regular sexual relations without contraception;
1145 (c) the patient attests that the patient has been unable to attain a successful pregnancy
1146 through any less-costly, potentially effective infertility treatments for which coverage is
1147 available under the health benefit plan; and
1148 (d) the use of the assisted reproductive technology procedure is performed at a medical
1149 facility that conforms to the minimal standards for programs of assisted reproductive
1150 technology procedures adopted by the American Society for Reproductive Medicine.
1151 (4) Coverage offered under the pilot program:
1152 (a) may not exceed $4,000 over the lifetime of each qualified individual;
1153 (b) shall satisfy, in accordance with Subsection 31A-22-610.1(1)(c)(ii), the requirement
1154 to provide an adoption indemnity benefit to a qualified individual under Section 31A-22-610.1;
1155 and
1156 (c) does not apply to a qualified individual if the qualified individual has received the
1157 adoption indemnity benefit required under Section 31A-22-610.1.
1158 (5) (a) The purpose of the pilot program is to study the efficacy of providing coverage
1159 for the use of an assisted reproductive technology and is not a mandate for coverage of an
1160 assisted reproductive technology within all health plans offered by the program.
1161 (b) Before November 30, 2021, the program shall report to the Social Services
1162 Appropriations Subcommittee regarding the costs and benefits of the pilot program.
1163 (6) Under Section 63J-1-603, the Legislature intends that the cost of the pilot program
1164 will be paid from money above the minimum recommended level in the public employees' state
1165 risk pool reserve.
1166 Section 18. Section 49-22-205 is amended to read:
1167 49-22-205. Exemptions from participation in system.
1168 (1) Upon filing a written request for exemption with the office, the following
1169 employees are exempt from participation in the system as provided in this section:
1170 (a) an executive department head of the state;
1171 (b) a member of the State Tax Commission;
1172 (c) a member of the Public Service Commission;
1173 (d) a member of a full-time or part-time board or commission;
1174 (e) an employee of the Governor's Office of Management and Budget;
1175 (f) an employee of the Governor's Office of Economic Development;
1176 (g) an employee of the Commission on Criminal and Juvenile Justice;
1177 (h) an employee of the Governor's Office;
1178 (i) an employee of the State Auditor's Office;
1179 (j) an employee of the State Treasurer's Office;
1180 (k) any other member who is permitted to make an election under Section 49-11-406;
1181 (l) a person appointed as a city manager or appointed as a city administrator or another
1182 at-will employee of a municipality, county, or other political subdivision;
1183 (m) an employee of an interlocal cooperative agency created under Title 11, Chapter
1184 13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided
1185 through membership in a labor organization that provides retirement benefits to its members;
1186 and
1187 [
1188
1189 [
1190 employer who has elected to make all of the employer's exchange employees eligible for
1191 service credit in this system.
1192 (2) (a) A participating employer shall prepare and maintain a list designating those
1193 positions eligible for exemption under Subsection (1).
1194 (b) An employee may not be exempted unless the employee is employed in a position
1195 designated by the participating employer under Subsection (1).
1196 (3) (a) In accordance with this section, Section 49-12-203, and Section 49-13-203, a
1197 municipality, county, or political subdivision may not exempt a total of more than 50 positions
1198 or a number equal to 10% of the eligible employees of the municipality, county, or political
1199 subdivision, whichever is less.
1200 (b) A municipality, county, or political subdivision may exempt at least one regular
1201 full-time employee.
1202 (4) Each participating employer shall:
1203 (a) maintain a list of employee exemptions; and
1204 (b) update an employee exemption in the event of any change.
1205 (5) Beginning on the effective date of the exemption for an employee who elects to be
1206 exempt in accordance with Subsection (1):
1207 (a) for a member of the Tier II defined contribution plan:
1208 (i) the participating employer shall contribute the nonelective contribution and the
1209 amortization rate described in Section 49-22-401, except that the nonelective contribution is
1210 exempt from the vesting requirements of Subsection 49-22-401(3)(a); and
1211 (ii) the member may make voluntary deferrals as provided in Section 49-22-401; and
1212 (b) for a member of the Tier II hybrid retirement system:
1213 (i) the participating employer shall contribute the nonelective contribution and the
1214 amortization rate described in Section 49-22-401, except that the contribution is exempt from
1215 the vesting requirements of Subsection 49-22-401(3)(a);
1216 (ii) the member may make voluntary deferrals as provided in Section 49-22-401; and
1217 (iii) the member is not eligible for additional service credit in the system.
1218 (6) If an employee who is a member of the Tier II hybrid retirement system
1219 subsequently revokes the election of exemption made under Subsection (1), the provisions
1220 described in Subsection (5)(b) shall no longer be applicable and the coverage for the employee
1221 shall be effective prospectively as provided in Part 3, Tier II Hybrid Retirement System.
1222 (7) (a) All employer contributions made on behalf of an employee shall be invested in
1223 accordance with Subsection 49-22-303(3)(a) or 49-22-401(4)(a) until the one-year election
1224 period under Subsection 49-22-201(2)(c) is expired if the employee:
1225 (i) elects to be exempt in accordance with Subsection (1); and
1226 (ii) continues employment with the participating employer through the one-year
1227 election period under Subsection 49-22-201(2)(c).
1228 (b) An employee is entitled to receive a distribution of the employer contributions
1229 made on behalf of the employee and all associated investment gains and losses if the employee:
1230 (i) elects to be exempt in accordance with Subsection (1); and
1231 (ii) terminates employment prior to the one-year election period under Subsection
1232 49-22-201(2)(c).
1233 (8) (a) The office shall make rules to implement this section.
1234 (b) The rules made under this Subsection (8) shall include provisions to allow the
1235 exemption provided under Subsection (1) to apply to all contributions made beginning on or
1236 after July 1, 2011, on behalf of an exempted employee who began the employment before May
1237 8, 2012.
1238 (9) An employee's exemption, participation, or election described in this section:
1239 (a) shall be made in accordance with this section; and
1240 (b) is subject to requirements under federal law and rules made by the board.
1241 Section 19. Section 53E-1-201 is amended to read:
1242 53E-1-201. Reports to and action required of the Education Interim Committee.
1243 (1) In accordance with applicable provisions and Section 68-3-14, the following
1244 recurring reports are due to the Education Interim Committee:
1245 (a) the report described in Section 9-22-109 by the STEM Action Center Board,
1246 including the information described in Section 9-22-113 on the status of the computer science
1247 initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
1248 (b) the prioritized list of data research described in Section 35A-14-302 and the report
1249 on research described in Section 35A-14-304 by the Utah Data Research Center;
1250 (c) the report described in Section 35A-15-303 by the State Board of Education on
1251 preschool programs;
1252 (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
1253 on career and technical education issues and addressing workforce needs;
1254 (e) the annual report of the Utah Board of Higher Education described in Section
1255 53B-1-402;
1256 (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
1257 regarding activities related to campus safety;
1258 (g) the State Superintendent's Annual Report by the state board described in Section
1259 53E-1-203;
1260 (h) the annual report described in Section 53E-2-202 by the state board on the strategic
1261 plan to improve student outcomes;
1262 (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
1263 the Deaf and the Blind;
1264 (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
1265 Actionable, and Dynamic Education director on research and other activities;
1266 (k) the report described in Section 53F-4-203 by the state board and the independent
1267 evaluator on an evaluation of early interactive reading software;
1268 (l) the report described in Section 53F-4-407 by the state board on UPSTART;
1269 (m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
1270 related to grants for professional learning and grants for an elementary teacher preparation
1271 assessment; and
1272 (n) the report described in Section 53F-5-405 by the State Board of Education
1273 regarding an evaluation of a partnership that receives a grant to improve educational outcomes
1274 for students who are low income.
1275 (2) In accordance with applicable provisions and Section 68-3-14, the following
1276 occasional reports are due to the Education Interim Committee:
1277 (a) the report described in Section 35A-15-303 by the School Readiness Board by
1278 November 30, 2020, on benchmarks for certain preschool programs;
1279 (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
1280 on or before the Education Interim Committee's November 2021 meeting;
1281 [
1282
1283 [
1284 centers and implementing activity based costing;
1285 [
1286 explaining the reasons for changing the grade level specification for the administration of
1287 specific assessments;
1288 [
1289 adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
1290 [
1291 Subsection 53E-10-309(7) related to the PRIME pilot program;
1292 [
1293 Effective, Actionable, and Dynamic Education;
1294 [
1295 evaluation of the dual language immersion program;
1296 [
1297 evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in
1298 high poverty schools;
1299 [
1300 the Intergenerational Poverty Intervention Grants Program;
1301 [
1302 Improvement Opportunities Outside of the Regular School Day Grant Program;
1303 [
1304 that LEAs charge during the 2020-2021 school year;
1305 [
1306 proposed rules and results related to educator exit surveys;
1307 [
1308 on progress in implementing employee evaluations;
1309 [
1310 Abuse and Mental Health, the State Board of Education, and the Department of Health
1311 regarding recommendations related to Medicaid reimbursement for school-based health
1312 services; and
1313 [
1314 Planning Commission.
1315 (3) In accordance with Section 53B-7-705, the Education Interim Committee shall
1316 complete the review of the implementation of performance funding.
1317 Section 20. Section 59-10-1034 is amended to read:
1318 59-10-1034. Nonrefundable high cost infrastructure development tax credit.
1319 (1) As used in this section:
1320 (a) "High cost infrastructure project" means the same as that term is defined in Section
1321 63M-4-602.
1322 (b) "Infrastructure cost-burdened entity" means the same as that term is defined in
1323 Section 63M-4-602.
1324 (c) "Infrastructure-related revenue" means the same as that term is defined in Section
1325 63M-4-602.
1326 (d) "Office" means the Office of Energy Development created in Section 63M-4-401.
1327 (2) Subject to the other provisions of this section, a claimant, estate, or trust that is an
1328 infrastructure cost-burdened entity may claim a nonrefundable tax credit for development of a
1329 high cost infrastructure project as provided in this section.
1330 (3) The tax credit under this section is the amount listed as the tax credit amount on a
1331 tax credit certificate that the office issues under Title 63M, Chapter 4, Part 6, High Cost
1332 Infrastructure Development Tax Credit Act, to the infrastructure cost-burdened entity for the
1333 taxable year.
1334 (4) An infrastructure cost-burdened entity may carry forward a tax credit under this
1335 section for a period that does not exceed the next seven taxable years if:
1336 (a) the infrastructure cost-burdened entity is allowed to claim a tax credit under this
1337 section for a taxable year; and
1338 (b) the amount of the tax credit exceeds the infrastructure cost-burdened entity's tax
1339 liability under this chapter for that taxable year.
1340 (5) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
1341 Committee shall study the tax credit allowed by this section and make recommendations
1342 concerning whether the tax credit should be continued, modified, or repealed.
1343 (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
1344 this Subsection (5), the office shall provide the following information, if available to the office,
1345 to the Office of the Legislative Fiscal Analyst:
1346 (A) the amount of tax credit that the office grants to each infrastructure cost-burdened
1347 entity for each taxable year;
1348 (B) the infrastructure-related revenue generated by each high cost infrastructure
1349 project;
1350 (C) the information contained in the office's latest report under Section [
1351 63M-4-605; and
1352 (D) any other information that the Office of the Legislative Fiscal Analyst requests.
1353 (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1354 redact information that identifies a recipient of a tax credit under this section.
1355 (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
1356 the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
1357 tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
1358 provide the information described in Subsection (5)(b)(i) in the aggregate for all infrastructure
1359 cost-burdened entities that receive the tax credit under this section.
1360 (c) As part of the study required by this Subsection (5), the Office of the Legislative
1361 Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1362 analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1363 office under Subsection (5)(b).
1364 (d) The Revenue and Taxation Interim Committee shall ensure that the
1365 recommendations described in Subsection (5)(a) include an evaluation of:
1366 (i) the cost of the tax credit to the state;
1367 (ii) the purpose and effectiveness of the tax credit; and
1368 (iii) the extent to which the state benefits from the tax credit.
1369 Section 21. Section 59-12-102 is amended to read:
1370 59-12-102. Definitions.
1371 As used in this chapter:
1372 (1) "800 service" means a telecommunications service that:
1373 (a) allows a caller to dial a toll-free number without incurring a charge for the call; and
1374 (b) is typically marketed:
1375 (i) under the name 800 toll-free calling;
1376 (ii) under the name 855 toll-free calling;
1377 (iii) under the name 866 toll-free calling;
1378 (iv) under the name 877 toll-free calling;
1379 (v) under the name 888 toll-free calling; or
1380 (vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
1381 Federal Communications Commission.
1382 (2) (a) "900 service" means an inbound toll telecommunications service that:
1383 (i) a subscriber purchases;
1384 (ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
1385 the subscriber's:
1386 (A) prerecorded announcement; or
1387 (B) live service; and
1388 (iii) is typically marketed:
1389 (A) under the name 900 service; or
1390 (B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
1391 Communications Commission.
1392 (b) "900 service" does not include a charge for:
1393 (i) a collection service a seller of a telecommunications service provides to a
1394 subscriber; or
1395 (ii) the following a subscriber sells to the subscriber's customer:
1396 (A) a product; or
1397 (B) a service.
1398 (3) (a) "Admission or user fees" includes season passes.
1399 (b) "Admission or user fees" does not include:
1400 (i) annual membership dues to private organizations; or
1401 (ii) a lesson, including a lesson that involves as part of the lesson equipment or a
1402 facility listed in Subsection 59-12-103(1)(f).
1403 (4) "Affiliate" or "affiliated person" means a person that, with respect to another
1404 person:
1405 (a) has an ownership interest of more than 5%, whether direct or indirect, in that other
1406 person; or
1407 (b) is related to the other person because a third person, or a group of third persons who
1408 are affiliated persons with respect to each other, holds an ownership interest of more than 5%,
1409 whether direct or indirect, in the related persons.
1410 (5) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
1411 November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
1412 Agreement after November 12, 2002.
1413 (6) "Agreement combined tax rate" means the sum of the tax rates:
1414 (a) listed under Subsection (7); and
1415 (b) that are imposed within a local taxing jurisdiction.
1416 (7) "Agreement sales and use tax" means a tax imposed under:
1417 (a) Subsection 59-12-103(2)(a)(i)(A);
1418 (b) Subsection 59-12-103(2)(b)(i);
1419 (c) Subsection 59-12-103(2)(c)(i);
1420 (d) Subsection 59-12-103(2)(d)(i)(A)(I);
1421 (e) Section 59-12-204;
1422 (f) Section 59-12-401;
1423 (g) Section 59-12-402;
1424 (h) Section 59-12-402.1;
1425 (i) Section 59-12-703;
1426 (j) Section 59-12-802;
1427 (k) Section 59-12-804;
1428 (l) Section 59-12-1102;
1429 (m) Section 59-12-1302;
1430 (n) Section 59-12-1402;
1431 (o) Section 59-12-1802;
1432 (p) Section 59-12-2003;
1433 (q) Section 59-12-2103;
1434 (r) Section 59-12-2213;
1435 (s) Section 59-12-2214;
1436 (t) Section 59-12-2215;
1437 (u) Section 59-12-2216;
1438 (v) Section 59-12-2217;
1439 (w) Section 59-12-2218;
1440 (x) Section 59-12-2219; or
1441 (y) Section 59-12-2220.
1442 (8) "Aircraft" means the same as that term is defined in Section 72-10-102.
1443 (9) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
1444 (a) except for:
1445 (i) an airline as defined in Section 59-2-102; or
1446 (ii) an affiliated group, as defined in Section 59-7-101, except that "affiliated group"
1447 includes a corporation that is qualified to do business but is not otherwise doing business in the
1448 state, of an airline; and
1449 (b) that has the workers, expertise, and facilities to perform the following, regardless of
1450 whether the business entity performs the following in this state:
1451 (i) check, diagnose, overhaul, and repair:
1452 (A) an onboard system of a fixed wing turbine powered aircraft; and
1453 (B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
1454 (ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
1455 engine;
1456 (iii) perform at least the following maintenance on a fixed wing turbine powered
1457 aircraft:
1458 (A) an inspection;
1459 (B) a repair, including a structural repair or modification;
1460 (C) changing landing gear; and
1461 (D) addressing issues related to an aging fixed wing turbine powered aircraft;
1462 (iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
1463 completely apply new paint to the fixed wing turbine powered aircraft; and
1464 (v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
1465 results in a change in the fixed wing turbine powered aircraft's certification requirements by the
1466 authority that certifies the fixed wing turbine powered aircraft.
1467 (10) "Alcoholic beverage" means a beverage that:
1468 (a) is suitable for human consumption; and
1469 (b) contains .5% or more alcohol by volume.
1470 (11) "Alternative energy" means:
1471 (a) biomass energy;
1472 (b) geothermal energy;
1473 (c) hydroelectric energy;
1474 (d) solar energy;
1475 (e) wind energy; or
1476 (f) energy that is derived from:
1477 (i) coal-to-liquids;
1478 (ii) nuclear fuel;
1479 (iii) oil-impregnated diatomaceous earth;
1480 (iv) oil sands;
1481 (v) oil shale;
1482 (vi) petroleum coke; or
1483 (vii) waste heat from:
1484 (A) an industrial facility; or
1485 (B) a power station in which an electric generator is driven through a process in which
1486 water is heated, turns into steam, and spins a steam turbine.
1487 (12) (a) Subject to Subsection (12)(b), "alternative energy electricity production
1488 facility" means a facility that:
1489 (i) uses alternative energy to produce electricity; and
1490 (ii) has a production capacity of two megawatts or greater.
1491 (b) A facility is an alternative energy electricity production facility regardless of
1492 whether the facility is:
1493 (i) connected to an electric grid; or
1494 (ii) located on the premises of an electricity consumer.
1495 (13) (a) "Ancillary service" means a service associated with, or incidental to, the
1496 provision of telecommunications service.
1497 (b) "Ancillary service" includes:
1498 (i) a conference bridging service;
1499 (ii) a detailed communications billing service;
1500 (iii) directory assistance;
1501 (iv) a vertical service; or
1502 (v) a voice mail service.
1503 (14) "Area agency on aging" means the same as that term is defined in Section
1504 62A-3-101.
1505 (15) "Assisted amusement device" means an amusement device, skill device, or ride
1506 device that is started and stopped by an individual:
1507 (a) who is not the purchaser or renter of the right to use or operate the amusement
1508 device, skill device, or ride device; and
1509 (b) at the direction of the seller of the right to use the amusement device, skill device,
1510 or ride device.
1511 (16) "Assisted cleaning or washing of tangible personal property" means cleaning or
1512 washing of tangible personal property if the cleaning or washing labor is primarily performed
1513 by an individual:
1514 (a) who is not the purchaser of the cleaning or washing of the tangible personal
1515 property; and
1516 (b) at the direction of the seller of the cleaning or washing of the tangible personal
1517 property.
1518 (17) "Authorized carrier" means:
1519 (a) in the case of vehicles operated over public highways, the holder of credentials
1520 indicating that the vehicle is or will be operated pursuant to both the International Registration
1521 Plan and the International Fuel Tax Agreement;
1522 (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
1523 certificate or air carrier's operating certificate; or
1524 (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
1525 stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
1526 stock in more than one state.
1527 (18) (a) Except as provided in Subsection (18)(b), "biomass energy" means any of the
1528 following that is used as the primary source of energy to produce fuel or electricity:
1529 (i) material from a plant or tree; or
1530 (ii) other organic matter that is available on a renewable basis, including:
1531 (A) slash and brush from forests and woodlands;
1532 (B) animal waste;
1533 (C) waste vegetable oil;
1534 (D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
1535 wastewater residuals, or through the conversion of a waste material through a nonincineration,
1536 thermal conversion process;
1537 (E) aquatic plants; and
1538 (F) agricultural products.
1539 (b) "Biomass energy" does not include:
1540 (i) black liquor; or
1541 (ii) treated woods.
1542 (19) (a) "Bundled transaction" means the sale of two or more items of tangible personal
1543 property, products, or services if the tangible personal property, products, or services are:
1544 (i) distinct and identifiable; and
1545 (ii) sold for one nonitemized price.
1546 (b) "Bundled transaction" does not include:
1547 (i) the sale of tangible personal property if the sales price varies, or is negotiable, on
1548 the basis of the selection by the purchaser of the items of tangible personal property included in
1549 the transaction;
1550 (ii) the sale of real property;
1551 (iii) the sale of services to real property;
1552 (iv) the retail sale of tangible personal property and a service if:
1553 (A) the tangible personal property:
1554 (I) is essential to the use of the service; and
1555 (II) is provided exclusively in connection with the service; and
1556 (B) the service is the true object of the transaction;
1557 (v) the retail sale of two services if:
1558 (A) one service is provided that is essential to the use or receipt of a second service;
1559 (B) the first service is provided exclusively in connection with the second service; and
1560 (C) the second service is the true object of the transaction;
1561 (vi) a transaction that includes tangible personal property or a product subject to
1562 taxation under this chapter and tangible personal property or a product that is not subject to
1563 taxation under this chapter if the:
1564 (A) seller's purchase price of the tangible personal property or product subject to
1565 taxation under this chapter is de minimis; or
1566 (B) seller's sales price of the tangible personal property or product subject to taxation
1567 under this chapter is de minimis; and
1568 (vii) the retail sale of tangible personal property that is not subject to taxation under
1569 this chapter and tangible personal property that is subject to taxation under this chapter if:
1570 (A) that retail sale includes:
1571 (I) food and food ingredients;
1572 (II) a drug;
1573 (III) durable medical equipment;
1574 (IV) mobility enhancing equipment;
1575 (V) an over-the-counter drug;
1576 (VI) a prosthetic device; or
1577 (VII) a medical supply; and
1578 (B) subject to Subsection (19)(f):
1579 (I) the seller's purchase price of the tangible personal property subject to taxation under
1580 this chapter is 50% or less of the seller's total purchase price of that retail sale; or
1581 (II) the seller's sales price of the tangible personal property subject to taxation under
1582 this chapter is 50% or less of the seller's total sales price of that retail sale.
1583 (c) (i) For purposes of Subsection (19)(a)(i), tangible personal property, a product, or a
1584 service that is distinct and identifiable does not include:
1585 (A) packaging that:
1586 (I) accompanies the sale of the tangible personal property, product, or service; and
1587 (II) is incidental or immaterial to the sale of the tangible personal property, product, or
1588 service;
1589 (B) tangible personal property, a product, or a service provided free of charge with the
1590 purchase of another item of tangible personal property, a product, or a service; or
1591 (C) an item of tangible personal property, a product, or a service included in the
1592 definition of "purchase price."
1593 (ii) For purposes of Subsection (19)(c)(i)(B), an item of tangible personal property, a
1594 product, or a service is provided free of charge with the purchase of another item of tangible
1595 personal property, a product, or a service if the sales price of the purchased item of tangible
1596 personal property, product, or service does not vary depending on the inclusion of the tangible
1597 personal property, product, or service provided free of charge.
1598 (d) (i) For purposes of Subsection (19)(a)(ii), property sold for one nonitemized price
1599 does not include a price that is separately identified by tangible personal property, product, or
1600 service on the following, regardless of whether the following is in paper format or electronic
1601 format:
1602 (A) a binding sales document; or
1603 (B) another supporting sales-related document that is available to a purchaser.
1604 (ii) For purposes of Subsection (19)(d)(i), a binding sales document or another
1605 supporting sales-related document that is available to a purchaser includes:
1606 (A) a bill of sale;
1607 (B) a contract;
1608 (C) an invoice;
1609 (D) a lease agreement;
1610 (E) a periodic notice of rates and services;
1611 (F) a price list;
1612 (G) a rate card;
1613 (H) a receipt; or
1614 (I) a service agreement.
1615 (e) (i) For purposes of Subsection (19)(b)(vi), the sales price of tangible personal
1616 property or a product subject to taxation under this chapter is de minimis if:
1617 (A) the seller's purchase price of the tangible personal property or product is 10% or
1618 less of the seller's total purchase price of the bundled transaction; or
1619 (B) the seller's sales price of the tangible personal property or product is 10% or less of
1620 the seller's total sales price of the bundled transaction.
1621 (ii) For purposes of Subsection (19)(b)(vi), a seller:
1622 (A) shall use the seller's purchase price or the seller's sales price to determine if the
1623 purchase price or sales price of the tangible personal property or product subject to taxation
1624 under this chapter is de minimis; and
1625 (B) may not use a combination of the seller's purchase price and the seller's sales price
1626 to determine if the purchase price or sales price of the tangible personal property or product
1627 subject to taxation under this chapter is de minimis.
1628 (iii) For purposes of Subsection (19)(b)(vi), a seller shall use the full term of a service
1629 contract to determine if the sales price of tangible personal property or a product is de minimis.
1630 (f) For purposes of Subsection (19)(b)(vii)(B), a seller may not use a combination of
1631 the seller's purchase price and the seller's sales price to determine if tangible personal property
1632 subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
1633 price of that retail sale.
1634 (20) "Certified automated system" means software certified by the governing board of
1635 the agreement that:
1636 (a) calculates the agreement sales and use tax imposed within a local taxing
1637 jurisdiction:
1638 (i) on a transaction; and
1639 (ii) in the states that are members of the agreement;
1640 (b) determines the amount of agreement sales and use tax to remit to a state that is a
1641 member of the agreement; and
1642 (c) maintains a record of the transaction described in Subsection (20)(a)(i).
1643 (21) "Certified service provider" means an agent certified:
1644 (a) by the governing board of the agreement; and
1645 (b) to perform a seller's sales and use tax functions for an agreement sales and use tax,
1646 as outlined in the contract between the governing board of the agreement and the certified
1647 service provider, other than the seller's obligation under Section 59-12-124 to remit a tax on the
1648 seller's own purchases.
1649 (22) (a) Subject to Subsection (22)(b), "clothing" means all human wearing apparel
1650 suitable for general use.
1651 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1652 commission shall make rules:
1653 (i) listing the items that constitute "clothing"; and
1654 (ii) that are consistent with the list of items that constitute "clothing" under the
1655 agreement.
1656 (23) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
1657 (24) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
1658 fuels that does not constitute industrial use under Subsection (57) or residential use under
1659 Subsection (112).
1660 (25) (a) "Common carrier" means a person engaged in or transacting the business of
1661 transporting passengers, freight, merchandise, or other property for hire within this state.
1662 (b) (i) "Common carrier" does not include a person that, at the time the person is
1663 traveling to or from that person's place of employment, transports a passenger to or from the
1664 passenger's place of employment.
1665 (ii) For purposes of Subsection (25)(b)(i), in accordance with Title 63G, Chapter 3,
1666 Utah Administrative Rulemaking Act, the commission may make rules defining what
1667 constitutes a person's place of employment.
1668 (c) "Common carrier" does not include a person that provides transportation network
1669 services, as defined in Section 13-51-102.
1670 (26) "Component part" includes:
1671 (a) poultry, dairy, and other livestock feed, and their components;
1672 (b) baling ties and twine used in the baling of hay and straw;
1673 (c) fuel used for providing temperature control of orchards and commercial
1674 greenhouses doing a majority of their business in wholesale sales, and for providing power for
1675 off-highway type farm machinery; and
1676 (d) feed, seeds, and seedlings.
1677 (27) "Computer" means an electronic device that accepts information:
1678 (a) (i) in digital form; or
1679 (ii) in a form similar to digital form; and
1680 (b) manipulates that information for a result based on a sequence of instructions.
1681 (28) "Computer software" means a set of coded instructions designed to cause:
1682 (a) a computer to perform a task; or
1683 (b) automatic data processing equipment to perform a task.
1684 (29) "Computer software maintenance contract" means a contract that obligates a seller
1685 of computer software to provide a customer with:
1686 (a) future updates or upgrades to computer software;
1687 (b) support services with respect to computer software; or
1688 (c) a combination of Subsections (29)(a) and (b).
1689 (30) (a) "Conference bridging service" means an ancillary service that links two or
1690 more participants of an audio conference call or video conference call.
1691 (b) "Conference bridging service" may include providing a telephone number as part of
1692 the ancillary service described in Subsection (30)(a).
1693 (c) "Conference bridging service" does not include a telecommunications service used
1694 to reach the ancillary service described in Subsection (30)(a).
1695 (31) "Construction materials" means any tangible personal property that will be
1696 converted into real property.
1697 (32) "Delivered electronically" means delivered to a purchaser by means other than
1698 tangible storage media.
1699 (33) (a) "Delivery charge" means a charge:
1700 (i) by a seller of:
1701 (A) tangible personal property;
1702 (B) a product transferred electronically; or
1703 (C) a service; and
1704 (ii) for preparation and delivery of the tangible personal property, product transferred
1705 electronically, or services described in Subsection (33)(a)(i) to a location designated by the
1706 purchaser.
1707 (b) "Delivery charge" includes a charge for the following:
1708 (i) transportation;
1709 (ii) shipping;
1710 (iii) postage;
1711 (iv) handling;
1712 (v) crating; or
1713 (vi) packing.
1714 (34) "Detailed telecommunications billing service" means an ancillary service of
1715 separately stating information pertaining to individual calls on a customer's billing statement.
1716 (35) "Dietary supplement" means a product, other than tobacco, that:
1717 (a) is intended to supplement the diet;
1718 (b) contains one or more of the following dietary ingredients:
1719 (i) a vitamin;
1720 (ii) a mineral;
1721 (iii) an herb or other botanical;
1722 (iv) an amino acid;
1723 (v) a dietary substance for use by humans to supplement the diet by increasing the total
1724 dietary intake; or
1725 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
1726 described in Subsections (35)(b)(i) through (v);
1727 (c) (i) except as provided in Subsection (35)(c)(ii), is intended for ingestion in:
1728 (A) tablet form;
1729 (B) capsule form;
1730 (C) powder form;
1731 (D) softgel form;
1732 (E) gelcap form; or
1733 (F) liquid form; or
1734 (ii) if the product is not intended for ingestion in a form described in Subsections
1735 (35)(c)(i)(A) through (F), is not represented:
1736 (A) as conventional food; and
1737 (B) for use as a sole item of:
1738 (I) a meal; or
1739 (II) the diet; and
1740 (d) is required to be labeled as a dietary supplement:
1741 (i) identifiable by the "Supplemental Facts" box found on the label; and
1742 (ii) as required by 21 C.F.R. Sec. 101.36.
1743 (36) (a) "Digital audio work" means a work that results from the fixation of a series of
1744 musical, spoken, or other sounds.
1745 (b) "Digital audio work" includes a ringtone.
1746 (37) "Digital audio-visual work" means a series of related images which, when shown
1747 in succession, imparts an impression of motion, together with accompanying sounds, if any.
1748 (38) "Digital book" means a work that is generally recognized in the ordinary and usual
1749 sense as a book.
1750 (39) (a) "Direct mail" means printed material delivered or distributed by United States
1751 mail or other delivery service:
1752 (i) to:
1753 (A) a mass audience; or
1754 (B) addressees on a mailing list provided:
1755 (I) by a purchaser of the mailing list; or
1756 (II) at the discretion of the purchaser of the mailing list; and
1757 (ii) if the cost of the printed material is not billed directly to the recipients.
1758 (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
1759 purchaser to a seller of direct mail for inclusion in a package containing the printed material.
1760 (c) "Direct mail" does not include multiple items of printed material delivered to a
1761 single address.
1762 (40) "Directory assistance" means an ancillary service of providing:
1763 (a) address information; or
1764 (b) telephone number information.
1765 (41) (a) "Disposable home medical equipment or supplies" means medical equipment
1766 or supplies that:
1767 (i) cannot withstand repeated use; and
1768 (ii) are purchased by, for, or on behalf of a person other than:
1769 (A) a health care facility as defined in Section 26-21-2;
1770 (B) a health care provider as defined in Section 78B-3-403;
1771 (C) an office of a health care provider described in Subsection (41)(a)(ii)(B); or
1772 (D) a person similar to a person described in Subsections (41)(a)(ii)(A) through (C).
1773 (b) "Disposable home medical equipment or supplies" does not include:
1774 (i) a drug;
1775 (ii) durable medical equipment;
1776 (iii) a hearing aid;
1777 (iv) a hearing aid accessory;
1778 (v) mobility enhancing equipment; or
1779 (vi) tangible personal property used to correct impaired vision, including:
1780 (A) eyeglasses; or
1781 (B) contact lenses.
1782 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1783 commission may by rule define what constitutes medical equipment or supplies.
1784 (42) "Drilling equipment manufacturer" means a facility:
1785 (a) located in the state;
1786 (b) with respect to which 51% or more of the manufacturing activities of the facility
1787 consist of manufacturing component parts of drilling equipment;
1788 (c) that uses pressure of 800,000 or more pounds per square inch as part of the
1789 manufacturing process; and
1790 (d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
1791 manufacturing process.
1792 (43) (a) "Drug" means a compound, substance, or preparation, or a component of a
1793 compound, substance, or preparation that is:
1794 (i) recognized in:
1795 (A) the official United States Pharmacopoeia;
1796 (B) the official Homeopathic Pharmacopoeia of the United States;
1797 (C) the official National Formulary; or
1798 (D) a supplement to a publication listed in Subsections (43)(a)(i)(A) through (C);
1799 (ii) intended for use in the:
1800 (A) diagnosis of disease;
1801 (B) cure of disease;
1802 (C) mitigation of disease;
1803 (D) treatment of disease; or
1804 (E) prevention of disease; or
1805 (iii) intended to affect:
1806 (A) the structure of the body; or
1807 (B) any function of the body.
1808 (b) "Drug" does not include:
1809 (i) food and food ingredients;
1810 (ii) a dietary supplement;
1811 (iii) an alcoholic beverage; or
1812 (iv) a prosthetic device.
1813 (44) (a) Except as provided in Subsection (44)(c), "durable medical equipment" means
1814 equipment that:
1815 (i) can withstand repeated use;
1816 (ii) is primarily and customarily used to serve a medical purpose;
1817 (iii) generally is not useful to a person in the absence of illness or injury; and
1818 (iv) is not worn in or on the body.
1819 (b) "Durable medical equipment" includes parts used in the repair or replacement of the
1820 equipment described in Subsection (44)(a).
1821 (c) "Durable medical equipment" does not include mobility enhancing equipment.
1822 (45) "Electronic" means:
1823 (a) relating to technology; and
1824 (b) having:
1825 (i) electrical capabilities;
1826 (ii) digital capabilities;
1827 (iii) magnetic capabilities;
1828 (iv) wireless capabilities;
1829 (v) optical capabilities;
1830 (vi) electromagnetic capabilities; or
1831 (vii) capabilities similar to Subsections (45)(b)(i) through (vi).
1832 (46) "Electronic financial payment service" means an establishment:
1833 (a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
1834 Clearinghouse Activities, of the 2012 North American Industry Classification System of the
1835 federal Executive Office of the President, Office of Management and Budget; and
1836 (b) that performs electronic financial payment services.
1837 (47) "Employee" means the same as that term is defined in Section 59-10-401.
1838 (48) "Fixed guideway" means a public transit facility that uses and occupies:
1839 (a) rail for the use of public transit; or
1840 (b) a separate right-of-way for the use of public transit.
1841 (49) "Fixed wing turbine powered aircraft" means an aircraft that:
1842 (a) is powered by turbine engines;
1843 (b) operates on jet fuel; and
1844 (c) has wings that are permanently attached to the fuselage of the aircraft.
1845 (50) "Fixed wireless service" means a telecommunications service that provides radio
1846 communication between fixed points.
1847 (51) (a) "Food and food ingredients" means substances:
1848 (i) regardless of whether the substances are in:
1849 (A) liquid form;
1850 (B) concentrated form;
1851 (C) solid form;
1852 (D) frozen form;
1853 (E) dried form; or
1854 (F) dehydrated form; and
1855 (ii) that are:
1856 (A) sold for:
1857 (I) ingestion by humans; or
1858 (II) chewing by humans; and
1859 (B) consumed for the substance's:
1860 (I) taste; or
1861 (II) nutritional value.
1862 (b) "Food and food ingredients" includes an item described in Subsection (96)(b)(iii).
1863 (c) "Food and food ingredients" does not include:
1864 (i) an alcoholic beverage;
1865 (ii) tobacco; or
1866 (iii) prepared food.
1867 (52) (a) "Fundraising sales" means sales:
1868 (i) (A) made by a school; or
1869 (B) made by a school student;
1870 (ii) that are for the purpose of raising funds for the school to purchase equipment,
1871 materials, or provide transportation; and
1872 (iii) that are part of an officially sanctioned school activity.
1873 (b) For purposes of Subsection (52)(a)(iii), "officially sanctioned school activity"
1874 means a school activity:
1875 (i) that is conducted in accordance with a formal policy adopted by the school or school
1876 district governing the authorization and supervision of fundraising activities;
1877 (ii) that does not directly or indirectly compensate an individual teacher or other
1878 educational personnel by direct payment, commissions, or payment in kind; and
1879 (iii) the net or gross revenues from which are deposited in a dedicated account
1880 controlled by the school or school district.
1881 (53) "Geothermal energy" means energy contained in heat that continuously flows
1882 outward from the earth that is used as the sole source of energy to produce electricity.
1883 (54) "Governing board of the agreement" means the governing board of the agreement
1884 that is:
1885 (a) authorized to administer the agreement; and
1886 (b) established in accordance with the agreement.
1887 (55) (a) For purposes of Subsection 59-12-104(41), "governmental entity" means:
1888 (i) the executive branch of the state, including all departments, institutions, boards,
1889 divisions, bureaus, offices, commissions, and committees;
1890 (ii) the judicial branch of the state, including the courts, the Judicial Council, the
1891 Administrative Office of the Courts, and similar administrative units in the judicial branch;
1892 (iii) the legislative branch of the state, including the House of Representatives, the
1893 Senate, the Legislative Printing Office, the Office of Legislative Research and General
1894 Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
1895 Analyst;
1896 (iv) the National Guard;
1897 (v) an independent entity as defined in Section 63E-1-102; or
1898 (vi) a political subdivision as defined in Section 17B-1-102.
1899 (b) "Governmental entity" does not include the state systems of public and higher
1900 education, including:
1901 (i) a school;
1902 (ii) the State Board of Education;
1903 (iii) the Utah Board of Higher Education; or
1904 (iv) an institution of higher education described in Section 53B-1-102.
1905 (56) "Hydroelectric energy" means water used as the sole source of energy to produce
1906 electricity.
1907 (57) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
1908 other fuels:
1909 (a) in mining or extraction of minerals;
1910 (b) in agricultural operations to produce an agricultural product up to the time of
1911 harvest or placing the agricultural product into a storage facility, including:
1912 (i) commercial greenhouses;
1913 (ii) irrigation pumps;
1914 (iii) farm machinery;
1915 (iv) implements of husbandry as defined in Section 41-1a-102 that are not registered
1916 under Title 41, Chapter 1a, Part 2, Registration; and
1917 (v) other farming activities;
1918 (c) in manufacturing tangible personal property at an establishment described in:
1919 (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
1920 the federal Executive Office of the President, Office of Management and Budget; or
1921 (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
1922 American Industry Classification System of the federal Executive Office of the President,
1923 Office of Management and Budget;
1924 (d) by a scrap recycler if:
1925 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
1926 one or more of the following items into prepared grades of processed materials for use in new
1927 products:
1928 (A) iron;
1929 (B) steel;
1930 (C) nonferrous metal;
1931 (D) paper;
1932 (E) glass;
1933 (F) plastic;
1934 (G) textile; or
1935 (H) rubber; and
1936 (ii) the new products under Subsection (57)(d)(i) would otherwise be made with
1937 nonrecycled materials; or
1938 (e) in producing a form of energy or steam described in Subsection 54-2-1(3)(a) by a
1939 cogeneration facility as defined in Section 54-2-1.
1940 (58) (a) Except as provided in Subsection (58)(b), "installation charge" means a charge
1941 for installing:
1942 (i) tangible personal property; or
1943 (ii) a product transferred electronically.
1944 (b) "Installation charge" does not include a charge for:
1945 (i) repairs or renovations of:
1946 (A) tangible personal property; or
1947 (B) a product transferred electronically; or
1948 (ii) attaching tangible personal property or a product transferred electronically:
1949 (A) to other tangible personal property; and
1950 (B) as part of a manufacturing or fabrication process.
1951 (59) "Institution of higher education" means an institution of higher education listed in
1952 Section 53B-2-101.
1953 (60) (a) "Lease" or "rental" means a transfer of possession or control of tangible
1954 personal property or a product transferred electronically for:
1955 (i) (A) a fixed term; or
1956 (B) an indeterminate term; and
1957 (ii) consideration.
1958 (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
1959 amount of consideration may be increased or decreased by reference to the amount realized
1960 upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
1961 Code.
1962 (c) "Lease" or "rental" does not include:
1963 (i) a transfer of possession or control of property under a security agreement or
1964 deferred payment plan that requires the transfer of title upon completion of the required
1965 payments;
1966 (ii) a transfer of possession or control of property under an agreement that requires the
1967 transfer of title:
1968 (A) upon completion of required payments; and
1969 (B) if the payment of an option price does not exceed the greater of:
1970 (I) $100; or
1971 (II) 1% of the total required payments; or
1972 (iii) providing tangible personal property along with an operator for a fixed period of
1973 time or an indeterminate period of time if the operator is necessary for equipment to perform as
1974 designed.
1975 (d) For purposes of Subsection (60)(c)(iii), an operator is necessary for equipment to
1976 perform as designed if the operator's duties exceed the:
1977 (i) set-up of tangible personal property;
1978 (ii) maintenance of tangible personal property; or
1979 (iii) inspection of tangible personal property.
1980 (61) "Lesson" means a fixed period of time for the duration of which a trained
1981 instructor:
1982 (a) is present with a student in person or by video; and
1983 (b) actively instructs the student, including by providing observation or feedback.
1984 (62) "Life science establishment" means an establishment in this state that is classified
1985 under the following NAICS codes of the 2007 North American Industry Classification System
1986 of the federal Executive Office of the President, Office of Management and Budget:
1987 (a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
1988 (b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
1989 Manufacturing; or
1990 (c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
1991 (63) "Life science research and development facility" means a facility owned, leased,
1992 or rented by a life science establishment if research and development is performed in 51% or
1993 more of the total area of the facility.
1994 (64) "Load and leave" means delivery to a purchaser by use of a tangible storage media
1995 if the tangible storage media is not physically transferred to the purchaser.
1996 (65) "Local taxing jurisdiction" means a:
1997 (a) county that is authorized to impose an agreement sales and use tax;
1998 (b) city that is authorized to impose an agreement sales and use tax; or
1999 (c) town that is authorized to impose an agreement sales and use tax.
2000 (66) "Manufactured home" means the same as that term is defined in Section
2001 15A-1-302.
2002 (67) "Manufacturing facility" means:
2003 (a) an establishment described in:
2004 (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
2005 the federal Executive Office of the President, Office of Management and Budget; or
2006 (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
2007 American Industry Classification System of the federal Executive Office of the President,
2008 Office of Management and Budget;
2009 (b) a scrap recycler if:
2010 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
2011 one or more of the following items into prepared grades of processed materials for use in new
2012 products:
2013 (A) iron;
2014 (B) steel;
2015 (C) nonferrous metal;
2016 (D) paper;
2017 (E) glass;
2018 (F) plastic;
2019 (G) textile; or
2020 (H) rubber; and
2021 (ii) the new products under Subsection (67)(b)(i) would otherwise be made with
2022 nonrecycled materials; or
2023 (c) a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is
2024 placed in service on or after May 1, 2006.
2025 (68) (a) "Marketplace" means a physical or electronic place, platform, or forum where
2026 tangible personal property, a product transferred electronically, or a service is offered for sale.
2027 (b) "Marketplace" includes a store, a booth, an Internet website, a catalog, or a
2028 dedicated sales software application.
2029 (69) (a) "Marketplace facilitator" means a person, including an affiliate of the person,
2030 that enters into a contract, an agreement, or otherwise with sellers, for consideration, to
2031 facilitate the sale of a seller's product through a marketplace that the person owns, operates, or
2032 controls and that directly or indirectly:
2033 (i) does any of the following:
2034 (A) lists, makes available, or advertises tangible personal property, a product
2035 transferred electronically, or a service for sale by a marketplace seller on a marketplace that the
2036 person owns, operates, or controls;
2037 (B) facilitates the sale of a marketplace seller's tangible personal property, product
2038 transferred electronically, or service by transmitting or otherwise communicating an offer or
2039 acceptance of a retail sale between the marketplace seller and a purchaser using the
2040 marketplace;
2041 (C) owns, rents, licenses, makes available, or operates any electronic or physical
2042 infrastructure or any property, process, method, copyright, trademark, or patent that connects a
2043 marketplace seller to a purchaser for the purpose of making a retail sale of tangible personal
2044 property, a product transferred electronically, or a service;
2045 (D) provides a marketplace for making, or otherwise facilitates, a retail sale of tangible
2046 personal property, a product transferred electronically, or a service, regardless of ownership or
2047 control of the tangible personal property, the product transferred electronically, or the service
2048 that is the subject of the retail sale;
2049 (E) provides software development or research and development activities related to
2050 any activity described in this Subsection (69)(a)(i), if the software development or research and
2051 development activity is directly related to the person's marketplace;
2052 (F) provides or offers fulfillment or storage services for a marketplace seller;
2053 (G) sets prices for the sale of tangible personal property, a product transferred
2054 electronically, or a service by a marketplace seller;
2055 (H) provides or offers customer service to a marketplace seller or a marketplace seller's
2056 purchaser or accepts or assists with taking orders, returns, or exchanges of tangible personal
2057 property, a product transferred electronically, or a service sold by a marketplace seller on the
2058 person's marketplace; or
2059 (I) brands or otherwise identifies sales as those of the person; and
2060 (ii) does any of the following:
2061 (A) collects the sales price or purchase price of a retail sale of tangible personal
2062 property, a product transferred electronically, or a service;
2063 (B) provides payment processing services for a retail sale of tangible personal property,
2064 a product transferred electronically, or a service;
2065 (C) charges, collects, or otherwise receives a selling fee, listing fee, referral fee, closing
2066 fee, a fee for inserting or making available tangible personal property, a product transferred
2067 electronically, or a service on the person's marketplace, or other consideration for the
2068 facilitation of a retail sale of tangible personal property, a product transferred electronically, or
2069 a service, regardless of ownership or control of the tangible personal property, the product
2070 transferred electronically, or the service that is the subject of the retail sale;
2071 (D) through terms and conditions, an agreement, or another arrangement with a third
2072 person, collects payment from a purchase for a retail sale of tangible personal property, a
2073 product transferred electronically, or a service and transmits that payment to the marketplace
2074 seller, regardless of whether the third person receives compensation or other consideration in
2075 exchange for the service; or
2076 (E) provides a virtual currency for a purchaser to use to purchase tangible personal
2077 property, a product transferred electronically, or service offered for sale.
2078 (b) "Marketplace facilitator" does not include:
2079 (i) a person that only provides payment processing services; or
2080 (ii) a person described in Subsection (69)(a) to the extent the person is facilitating a
2081 sale for a seller that is a restaurant as defined in Section 59-12-602.
2082 (70) "Marketplace seller" means a seller that makes one or more retail sales through a
2083 marketplace that a marketplace facilitator owns, operates, or controls, regardless of whether the
2084 seller is required to be registered to collect and remit the tax under this part.
2085 (71) "Member of the immediate family of the producer" means a person who is related
2086 to a producer described in Subsection 59-12-104(20)(a) as a:
2087 (a) child or stepchild, regardless of whether the child or stepchild is:
2088 (i) an adopted child or adopted stepchild; or
2089 (ii) a foster child or foster stepchild;
2090 (b) grandchild or stepgrandchild;
2091 (c) grandparent or stepgrandparent;
2092 (d) nephew or stepnephew;
2093 (e) niece or stepniece;
2094 (f) parent or stepparent;
2095 (g) sibling or stepsibling;
2096 (h) spouse;
2097 (i) person who is the spouse of a person described in Subsections (71)(a) through (g);
2098 or
2099 (j) person similar to a person described in Subsections (71)(a) through (i) as
2100 determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
2101 Administrative Rulemaking Act.
2102 (72) "Mobile home" means the same as that term is defined in Section 15A-1-302.
2103 (73) "Mobile telecommunications service" means the same as that term is defined in
2104 the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
2105 (74) (a) "Mobile wireless service" means a telecommunications service, regardless of
2106 the technology used, if:
2107 (i) the origination point of the conveyance, routing, or transmission is not fixed;
2108 (ii) the termination point of the conveyance, routing, or transmission is not fixed; or
2109 (iii) the origination point described in Subsection (74)(a)(i) and the termination point
2110 described in Subsection (74)(a)(ii) are not fixed.
2111 (b) "Mobile wireless service" includes a telecommunications service that is provided
2112 by a commercial mobile radio service provider.
2113 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2114 commission may by rule define "commercial mobile radio service provider."
2115 (75) (a) Except as provided in Subsection (75)(c), "mobility enhancing equipment"
2116 means equipment that is:
2117 (i) primarily and customarily used to provide or increase the ability to move from one
2118 place to another;
2119 (ii) appropriate for use in a:
2120 (A) home; or
2121 (B) motor vehicle; and
2122 (iii) not generally used by persons with normal mobility.
2123 (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
2124 the equipment described in Subsection (75)(a).
2125 (c) "Mobility enhancing equipment" does not include:
2126 (i) a motor vehicle;
2127 (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
2128 vehicle manufacturer;
2129 (iii) durable medical equipment; or
2130 (iv) a prosthetic device.
2131 (76) "Model 1 seller" means a seller registered under the agreement that has selected a
2132 certified service provider as the seller's agent to perform the seller's sales and use tax functions
2133 for agreement sales and use taxes, as outlined in the contract between the governing board of
2134 the agreement and the certified service provider, other than the seller's obligation under Section
2135 59-12-124 to remit a tax on the seller's own purchases.
2136 (77) "Model 2 seller" means a seller registered under the agreement that:
2137 (a) except as provided in Subsection (77)(b), has selected a certified automated system
2138 to perform the seller's sales tax functions for agreement sales and use taxes; and
2139 (b) retains responsibility for remitting all of the sales tax:
2140 (i) collected by the seller; and
2141 (ii) to the appropriate local taxing jurisdiction.
2142 (78) (a) Subject to Subsection (78)(b), "model 3 seller" means a seller registered under
2143 the agreement that has:
2144 (i) sales in at least five states that are members of the agreement;
2145 (ii) total annual sales revenues of at least $500,000,000;
2146 (iii) a proprietary system that calculates the amount of tax:
2147 (A) for an agreement sales and use tax; and
2148 (B) due to each local taxing jurisdiction; and
2149 (iv) entered into a performance agreement with the governing board of the agreement.
2150 (b) For purposes of Subsection (78)(a), "model 3 seller" includes an affiliated group of
2151 sellers using the same proprietary system.
2152 (79) "Model 4 seller" means a seller that is registered under the agreement and is not a
2153 model 1 seller, model 2 seller, or model 3 seller.
2154 (80) "Modular home" means a modular unit as defined in Section 15A-1-302.
2155 (81) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
2156 (82) "Oil sands" means impregnated bituminous sands that:
2157 (a) contain a heavy, thick form of petroleum that is released when heated, mixed with
2158 other hydrocarbons, or otherwise treated;
2159 (b) yield mixtures of liquid hydrocarbon; and
2160 (c) require further processing other than mechanical blending before becoming finished
2161 petroleum products.
2162 (83) "Oil shale" means a group of fine black to dark brown shales containing kerogen
2163 material that yields petroleum upon heating and distillation.
2164 (84) "Optional computer software maintenance contract" means a computer software
2165 maintenance contract that a customer is not obligated to purchase as a condition to the retail
2166 sale of computer software.
2167 (85) (a) "Other fuels" means products that burn independently to produce heat or
2168 energy.
2169 (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
2170 personal property.
2171 (86) (a) "Paging service" means a telecommunications service that provides
2172 transmission of a coded radio signal for the purpose of activating a specific pager.
2173 (b) For purposes of Subsection (86)(a), the transmission of a coded radio signal
2174 includes a transmission by message or sound.
2175 (87) "Pawn transaction" means the same as that term is defined in Section 13-32a-102.
2176 [
2177 13-32a-102.
2178 [
2179
2180 (89) (a) "Permanently attached to real property" means that for tangible personal
2181 property attached to real property:
2182 (i) the attachment of the tangible personal property to the real property:
2183 (A) is essential to the use of the tangible personal property; and
2184 (B) suggests that the tangible personal property will remain attached to the real
2185 property in the same place over the useful life of the tangible personal property; or
2186 (ii) if the tangible personal property is detached from the real property, the detachment
2187 would:
2188 (A) cause substantial damage to the tangible personal property; or
2189 (B) require substantial alteration or repair of the real property to which the tangible
2190 personal property is attached.
2191 (b) "Permanently attached to real property" includes:
2192 (i) the attachment of an accessory to the tangible personal property if the accessory is:
2193 (A) essential to the operation of the tangible personal property; and
2194 (B) attached only to facilitate the operation of the tangible personal property;
2195 (ii) a temporary detachment of tangible personal property from real property for a
2196 repair or renovation if the repair or renovation is performed where the tangible personal
2197 property and real property are located; or
2198 (iii) property attached to oil, gas, or water pipelines, except for the property listed in
2199 Subsection (89)(c)(iii) or (iv).
2200 (c) "Permanently attached to real property" does not include:
2201 (i) the attachment of portable or movable tangible personal property to real property if
2202 that portable or movable tangible personal property is attached to real property only for:
2203 (A) convenience;
2204 (B) stability; or
2205 (C) for an obvious temporary purpose;
2206 (ii) the detachment of tangible personal property from real property except for the
2207 detachment described in Subsection (89)(b)(ii);
2208 (iii) an attachment of the following tangible personal property to real property if the
2209 attachment to real property is only through a line that supplies water, electricity, gas,
2210 telecommunications, cable, or supplies a similar item as determined by the commission by rule
2211 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
2212 (A) a computer;
2213 (B) a telephone;
2214 (C) a television; or
2215 (D) tangible personal property similar to Subsections (89)(c)(iii)(A) through (C) as
2216 determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
2217 Administrative Rulemaking Act; or
2218 (iv) an item listed in Subsection (130)(c).
2219 (90) "Person" includes any individual, firm, partnership, joint venture, association,
2220 corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
2221 municipality, district, or other local governmental entity of the state, or any group or
2222 combination acting as a unit.
2223 (91) "Place of primary use":
2224 (a) for telecommunications service other than mobile telecommunications service,
2225 means the street address representative of where the customer's use of the telecommunications
2226 service primarily occurs, which shall be:
2227 (i) the residential street address of the customer; or
2228 (ii) the primary business street address of the customer; or
2229 (b) for mobile telecommunications service, means the same as that term is defined in
2230 the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
2231 (92) (a) "Postpaid calling service" means a telecommunications service a person
2232 obtains by making a payment on a call-by-call basis:
2233 (i) through the use of a:
2234 (A) bank card;
2235 (B) credit card;
2236 (C) debit card; or
2237 (D) travel card; or
2238 (ii) by a charge made to a telephone number that is not associated with the origination
2239 or termination of the telecommunications service.
2240 (b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
2241 service, that would be a prepaid wireless calling service if the service were exclusively a
2242 telecommunications service.
2243 (93) "Postproduction" means an activity related to the finishing or duplication of a
2244 medium described in Subsection 59-12-104(54)(a).
2245 (94) "Prepaid calling service" means a telecommunications service:
2246 (a) that allows a purchaser access to telecommunications service that is exclusively
2247 telecommunications service;
2248 (b) that:
2249 (i) is paid for in advance; and
2250 (ii) enables the origination of a call using an:
2251 (A) access number; or
2252 (B) authorization code;
2253 (c) that is dialed:
2254 (i) manually; or
2255 (ii) electronically; and
2256 (d) sold in predetermined units or dollars that decline:
2257 (i) by a known amount; and
2258 (ii) with use.
2259 (95) "Prepaid wireless calling service" means a telecommunications service:
2260 (a) that provides the right to utilize:
2261 (i) mobile wireless service; and
2262 (ii) other service that is not a telecommunications service, including:
2263 (A) the download of a product transferred electronically;
2264 (B) a content service; or
2265 (C) an ancillary service;
2266 (b) that:
2267 (i) is paid for in advance; and
2268 (ii) enables the origination of a call using an:
2269 (A) access number; or
2270 (B) authorization code;
2271 (c) that is dialed:
2272 (i) manually; or
2273 (ii) electronically; and
2274 (d) sold in predetermined units or dollars that decline:
2275 (i) by a known amount; and
2276 (ii) with use.
2277 (96) (a) "Prepared food" means:
2278 (i) food:
2279 (A) sold in a heated state; or
2280 (B) heated by a seller;
2281 (ii) two or more food ingredients mixed or combined by the seller for sale as a single
2282 item; or
2283 (iii) except as provided in Subsection (96)(c), food sold with an eating utensil provided
2284 by the seller, including a:
2285 (A) plate;
2286 (B) knife;
2287 (C) fork;
2288 (D) spoon;
2289 (E) glass;
2290 (F) cup;
2291 (G) napkin; or
2292 (H) straw.
2293 (b) "Prepared food" does not include:
2294 (i) food that a seller only:
2295 (A) cuts;
2296 (B) repackages; or
2297 (C) pasteurizes; or
2298 (ii) (A) the following:
2299 (I) raw egg;
2300 (II) raw fish;
2301 (III) raw meat;
2302 (IV) raw poultry; or
2303 (V) a food containing an item described in Subsections (96)(b)(ii)(A)(I) through (IV);
2304 and
2305 (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
2306 Food and Drug Administration's Food Code that a consumer cook the items described in
2307 Subsection (96)(b)(ii)(A) to prevent food borne illness; or
2308 (iii) the following if sold without eating utensils provided by the seller:
2309 (A) food and food ingredients sold by a seller if the seller's proper primary
2310 classification under the 2002 North American Industry Classification System of the federal
2311 Executive Office of the President, Office of Management and Budget, is manufacturing in
2312 Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
2313 Manufacturing;
2314 (B) food and food ingredients sold in an unheated state:
2315 (I) by weight or volume; and
2316 (II) as a single item; or
2317 (C) a bakery item, including:
2318 (I) a bagel;
2319 (II) a bar;
2320 (III) a biscuit;
2321 (IV) bread;
2322 (V) a bun;
2323 (VI) a cake;
2324 (VII) a cookie;
2325 (VIII) a croissant;
2326 (IX) a danish;
2327 (X) a donut;
2328 (XI) a muffin;
2329 (XII) a pastry;
2330 (XIII) a pie;
2331 (XIV) a roll;
2332 (XV) a tart;
2333 (XVI) a torte; or
2334 (XVII) a tortilla.
2335 (c) An eating utensil provided by the seller does not include the following used to
2336 transport the food:
2337 (i) a container; or
2338 (ii) packaging.
2339 (97) "Prescription" means an order, formula, or recipe that is issued:
2340 (a) (i) orally;
2341 (ii) in writing;
2342 (iii) electronically; or
2343 (iv) by any other manner of transmission; and
2344 (b) by a licensed practitioner authorized by the laws of a state.
2345 (98) (a) Except as provided in Subsection (98)(b)(ii) or (iii), "prewritten computer
2346 software" means computer software that is not designed and developed:
2347 (i) by the author or other creator of the computer software; and
2348 (ii) to the specifications of a specific purchaser.
2349 (b) "Prewritten computer software" includes:
2350 (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
2351 software is not designed and developed:
2352 (A) by the author or other creator of the computer software; and
2353 (B) to the specifications of a specific purchaser;
2354 (ii) computer software designed and developed by the author or other creator of the
2355 computer software to the specifications of a specific purchaser if the computer software is sold
2356 to a person other than the purchaser; or
2357 (iii) except as provided in Subsection (98)(c), prewritten computer software or a
2358 prewritten portion of prewritten computer software:
2359 (A) that is modified or enhanced to any degree; and
2360 (B) if the modification or enhancement described in Subsection (98)(b)(iii)(A) is
2361 designed and developed to the specifications of a specific purchaser.
2362 (c) "Prewritten computer software" does not include a modification or enhancement
2363 described in Subsection (98)(b)(iii) if the charges for the modification or enhancement are:
2364 (i) reasonable; and
2365 (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), separately stated on the
2366 invoice or other statement of price provided to the purchaser at the time of sale or later, as
2367 demonstrated by:
2368 (A) the books and records the seller keeps at the time of the transaction in the regular
2369 course of business, including books and records the seller keeps at the time of the transaction in
2370 the regular course of business for nontax purposes;
2371 (B) a preponderance of the facts and circumstances at the time of the transaction; and
2372 (C) the understanding of all of the parties to the transaction.
2373 (99) (a) "Private communications service" means a telecommunications service:
2374 (i) that entitles a customer to exclusive or priority use of one or more communications
2375 channels between or among termination points; and
2376 (ii) regardless of the manner in which the one or more communications channels are
2377 connected.
2378 (b) "Private communications service" includes the following provided in connection
2379 with the use of one or more communications channels:
2380 (i) an extension line;
2381 (ii) a station;
2382 (iii) switching capacity; or
2383 (iv) another associated service that is provided in connection with the use of one or
2384 more communications channels as defined in Section 59-12-215.
2385 (100) (a) Except as provided in Subsection (100)(b), "product transferred
2386 electronically" means a product transferred electronically that would be subject to a tax under
2387 this chapter if that product was transferred in a manner other than electronically.
2388 (b) "Product transferred electronically" does not include:
2389 (i) an ancillary service;
2390 (ii) computer software; or
2391 (iii) a telecommunications service.
2392 (101) (a) "Prosthetic device" means a device that is worn on or in the body to:
2393 (i) artificially replace a missing portion of the body;
2394 (ii) prevent or correct a physical deformity or physical malfunction; or
2395 (iii) support a weak or deformed portion of the body.
2396 (b) "Prosthetic device" includes:
2397 (i) parts used in the repairs or renovation of a prosthetic device;
2398 (ii) replacement parts for a prosthetic device;
2399 (iii) a dental prosthesis; or
2400 (iv) a hearing aid.
2401 (c) "Prosthetic device" does not include:
2402 (i) corrective eyeglasses; or
2403 (ii) contact lenses.
2404 (102) (a) "Protective equipment" means an item:
2405 (i) for human wear; and
2406 (ii) that is:
2407 (A) designed as protection:
2408 (I) to the wearer against injury or disease; or
2409 (II) against damage or injury of other persons or property; and
2410 (B) not suitable for general use.
2411 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2412 commission shall make rules:
2413 (i) listing the items that constitute "protective equipment"; and
2414 (ii) that are consistent with the list of items that constitute "protective equipment"
2415 under the agreement.
2416 (103) (a) For purposes of Subsection 59-12-104(41), "publication" means any written
2417 or printed matter, other than a photocopy:
2418 (i) regardless of:
2419 (A) characteristics;
2420 (B) copyright;
2421 (C) form;
2422 (D) format;
2423 (E) method of reproduction; or
2424 (F) source; and
2425 (ii) made available in printed or electronic format.
2426 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2427 commission may by rule define the term "photocopy."
2428 (104) (a) "Purchase price" and "sales price" mean the total amount of consideration:
2429 (i) valued in money; and
2430 (ii) for which tangible personal property, a product transferred electronically, or
2431 services are:
2432 (A) sold;
2433 (B) leased; or
2434 (C) rented.
2435 (b) "Purchase price" and "sales price" include:
2436 (i) the seller's cost of the tangible personal property, a product transferred
2437 electronically, or services sold;
2438 (ii) expenses of the seller, including:
2439 (A) the cost of materials used;
2440 (B) a labor cost;
2441 (C) a service cost;
2442 (D) interest;
2443 (E) a loss;
2444 (F) the cost of transportation to the seller; or
2445 (G) a tax imposed on the seller;
2446 (iii) a charge by the seller for any service necessary to complete the sale; or
2447 (iv) consideration a seller receives from a person other than the purchaser if:
2448 (A) (I) the seller actually receives consideration from a person other than the purchaser;
2449 and
2450 (II) the consideration described in Subsection (104)(b)(iv)(A)(I) is directly related to a
2451 price reduction or discount on the sale;
2452 (B) the seller has an obligation to pass the price reduction or discount through to the
2453 purchaser;
2454 (C) the amount of the consideration attributable to the sale is fixed and determinable by
2455 the seller at the time of the sale to the purchaser; and
2456 (D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
2457 seller to claim a price reduction or discount; and
2458 (Bb) a person other than the seller authorizes, distributes, or grants the certificate,
2459 coupon, or other documentation with the understanding that the person other than the seller
2460 will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
2461 (II) the purchaser identifies that purchaser to the seller as a member of a group or
2462 organization allowed a price reduction or discount, except that a preferred customer card that is
2463 available to any patron of a seller does not constitute membership in a group or organization
2464 allowed a price reduction or discount; or
2465 (III) the price reduction or discount is identified as a third party price reduction or
2466 discount on the:
2467 (Aa) invoice the purchaser receives; or
2468 (Bb) certificate, coupon, or other documentation the purchaser presents.
2469 (c) "Purchase price" and "sales price" do not include:
2470 (i) a discount:
2471 (A) in a form including:
2472 (I) cash;
2473 (II) term; or
2474 (III) coupon;
2475 (B) that is allowed by a seller;
2476 (C) taken by a purchaser on a sale; and
2477 (D) that is not reimbursed by a third party; or
2478 (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), the following if separately
2479 stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
2480 sale or later, as demonstrated by the books and records the seller keeps at the time of the
2481 transaction in the regular course of business, including books and records the seller keeps at the
2482 time of the transaction in the regular course of business for nontax purposes, by a
2483 preponderance of the facts and circumstances at the time of the transaction, and by the
2484 understanding of all of the parties to the transaction:
2485 (A) the following from credit extended on the sale of tangible personal property or
2486 services:
2487 (I) a carrying charge;
2488 (II) a financing charge; or
2489 (III) an interest charge;
2490 (B) a delivery charge;
2491 (C) an installation charge;
2492 (D) a manufacturer rebate on a motor vehicle; or
2493 (E) a tax or fee legally imposed directly on the consumer.
2494 (105) "Purchaser" means a person to whom:
2495 (a) a sale of tangible personal property is made;
2496 (b) a product is transferred electronically; or
2497 (c) a service is furnished.
2498 (106) "Qualifying data center" means a data center facility that:
2499 (a) houses a group of networked server computers in one physical location in order to
2500 disseminate, manage, and store data and information;
2501 (b) is located in the state;
2502 (c) is a new operation constructed on or after July 1, 2016;
2503 (d) consists of one or more buildings that total 150,000 or more square feet;
2504 (e) is owned or leased by:
2505 (i) the operator of the data center facility; or
2506 (ii) a person under common ownership, as defined in Section 59-7-101, of the operator
2507 of the data center facility; and
2508 (f) is located on one or more parcels of land that are owned or leased by:
2509 (i) the operator of the data center facility; or
2510 (ii) a person under common ownership, as defined in Section 59-7-101, of the operator
2511 of the data center facility.
2512 (107) "Regularly rented" means:
2513 (a) rented to a guest for value three or more times during a calendar year; or
2514 (b) advertised or held out to the public as a place that is regularly rented to guests for
2515 value.
2516 (108) "Rental" means the same as that term is defined in Subsection (60).
2517 (109) (a) Except as provided in Subsection (109)(b), "repairs or renovations of tangible
2518 personal property" means:
2519 (i) a repair or renovation of tangible personal property that is not permanently attached
2520 to real property; or
2521 (ii) attaching tangible personal property or a product transferred electronically to other
2522 tangible personal property or detaching tangible personal property or a product transferred
2523 electronically from other tangible personal property if:
2524 (A) the other tangible personal property to which the tangible personal property or
2525 product transferred electronically is attached or from which the tangible personal property or
2526 product transferred electronically is detached is not permanently attached to real property; and
2527 (B) the attachment of tangible personal property or a product transferred electronically
2528 to other tangible personal property or detachment of tangible personal property or a product
2529 transferred electronically from other tangible personal property is made in conjunction with a
2530 repair or replacement of tangible personal property or a product transferred electronically.
2531 (b) "Repairs or renovations of tangible personal property" does not include:
2532 (i) attaching prewritten computer software to other tangible personal property if the
2533 other tangible personal property to which the prewritten computer software is attached is not
2534 permanently attached to real property; or
2535 (ii) detaching prewritten computer software from other tangible personal property if the
2536 other tangible personal property from which the prewritten computer software is detached is
2537 not permanently attached to real property.
2538 (110) "Research and development" means the process of inquiry or experimentation
2539 aimed at the discovery of facts, devices, technologies, or applications and the process of
2540 preparing those devices, technologies, or applications for marketing.
2541 (111) (a) "Residential telecommunications services" means a telecommunications
2542 service or an ancillary service that is provided to an individual for personal use:
2543 (i) at a residential address; or
2544 (ii) at an institution, including a nursing home or a school, if the telecommunications
2545 service or ancillary service is provided to and paid for by the individual residing at the
2546 institution rather than the institution.
2547 (b) For purposes of Subsection (111)(a)(i), a residential address includes an:
2548 (i) apartment; or
2549 (ii) other individual dwelling unit.
2550 (112) "Residential use" means the use in or around a home, apartment building,
2551 sleeping quarters, and similar facilities or accommodations.
2552 (113) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
2553 than:
2554 (a) resale;
2555 (b) sublease; or
2556 (c) subrent.
2557 (114) (a) "Retailer" means any person, unless prohibited by the Constitution of the
2558 United States or federal law, that is engaged in a regularly organized business in tangible
2559 personal property or any other taxable transaction under Subsection 59-12-103(1), and who is
2560 selling to the user or consumer and not for resale.
2561 (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
2562 engaged in the business of selling to users or consumers within the state.
2563 (115) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
2564 otherwise, in any manner, of tangible personal property or any other taxable transaction under
2565 Subsection 59-12-103(1), for consideration.
2566 (b) "Sale" includes:
2567 (i) installment and credit sales;
2568 (ii) any closed transaction constituting a sale;
2569 (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
2570 chapter;
2571 (iv) any transaction if the possession of property is transferred but the seller retains the
2572 title as security for the payment of the price; and
2573 (v) any transaction under which right to possession, operation, or use of any article of
2574 tangible personal property is granted under a lease or contract and the transfer of possession
2575 would be taxable if an outright sale were made.
2576 (116) "Sale at retail" means the same as that term is defined in Subsection (113).
2577 (117) "Sale-leaseback transaction" means a transaction by which title to tangible
2578 personal property or a product transferred electronically that is subject to a tax under this
2579 chapter is transferred:
2580 (a) by a purchaser-lessee;
2581 (b) to a lessor;
2582 (c) for consideration; and
2583 (d) if:
2584 (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
2585 of the tangible personal property or product transferred electronically;
2586 (ii) the sale of the tangible personal property or product transferred electronically to the
2587 lessor is intended as a form of financing:
2588 (A) for the tangible personal property or product transferred electronically; and
2589 (B) to the purchaser-lessee; and
2590 (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
2591 is required to:
2592 (A) capitalize the tangible personal property or product transferred electronically for
2593 financial reporting purposes; and
2594 (B) account for the lease payments as payments made under a financing arrangement.
2595 (118) "Sales price" means the same as that term is defined in Subsection (104).
2596 (119) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
2597 amounts charged by a school:
2598 (i) sales that are directly related to the school's educational functions or activities
2599 including:
2600 (A) the sale of:
2601 (I) textbooks;
2602 (II) textbook fees;
2603 (III) laboratory fees;
2604 (IV) laboratory supplies; or
2605 (V) safety equipment;
2606 (B) the sale of a uniform, protective equipment, or sports or recreational equipment
2607 that:
2608 (I) a student is specifically required to wear as a condition of participation in a
2609 school-related event or school-related activity; and
2610 (II) is not readily adaptable to general or continued usage to the extent that it takes the
2611 place of ordinary clothing;
2612 (C) sales of the following if the net or gross revenues generated by the sales are
2613 deposited into a school district fund or school fund dedicated to school meals:
2614 (I) food and food ingredients; or
2615 (II) prepared food; or
2616 (D) transportation charges for official school activities; or
2617 (ii) amounts paid to or amounts charged by a school for admission to a school-related
2618 event or school-related activity.
2619 (b) "Sales relating to schools" does not include:
2620 (i) bookstore sales of items that are not educational materials or supplies;
2621 (ii) except as provided in Subsection (119)(a)(i)(B):
2622 (A) clothing;
2623 (B) clothing accessories or equipment;
2624 (C) protective equipment; or
2625 (D) sports or recreational equipment; or
2626 (iii) amounts paid to or amounts charged by a school for admission to a school-related
2627 event or school-related activity if the amounts paid or charged are passed through to a person:
2628 (A) other than a:
2629 (I) school;
2630 (II) nonprofit organization authorized by a school board or a governing body of a
2631 private school to organize and direct a competitive secondary school activity; or
2632 (III) nonprofit association authorized by a school board or a governing body of a
2633 private school to organize and direct a competitive secondary school activity; and
2634 (B) that is required to collect sales and use taxes under this chapter.
2635 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2636 commission may make rules defining the term "passed through."
2637 (120) For purposes of this section and Section 59-12-104, "school" means:
2638 (a) an elementary school or a secondary school that:
2639 (i) is a:
2640 (A) public school; or
2641 (B) private school; and
2642 (ii) provides instruction for one or more grades kindergarten through 12; or
2643 (b) a public school district.
2644 (121) (a) "Seller" means a person that makes a sale, lease, or rental of:
2645 (i) tangible personal property;
2646 (ii) a product transferred electronically; or
2647 (iii) a service.
2648 (b) "Seller" includes a marketplace facilitator.
2649 (122) (a) "Semiconductor fabricating, processing, research, or development materials"
2650 means tangible personal property or a product transferred electronically if the tangible personal
2651 property or product transferred electronically is:
2652 (i) used primarily in the process of:
2653 (A) (I) manufacturing a semiconductor;
2654 (II) fabricating a semiconductor; or
2655 (III) research or development of a:
2656 (Aa) semiconductor; or
2657 (Bb) semiconductor manufacturing process; or
2658 (B) maintaining an environment suitable for a semiconductor; or
2659 (ii) consumed primarily in the process of:
2660 (A) (I) manufacturing a semiconductor;
2661 (II) fabricating a semiconductor; or
2662 (III) research or development of a:
2663 (Aa) semiconductor; or
2664 (Bb) semiconductor manufacturing process; or
2665 (B) maintaining an environment suitable for a semiconductor.
2666 (b) "Semiconductor fabricating, processing, research, or development materials"
2667 includes:
2668 (i) parts used in the repairs or renovations of tangible personal property or a product
2669 transferred electronically described in Subsection (122)(a); or
2670 (ii) a chemical, catalyst, or other material used to:
2671 (A) produce or induce in a semiconductor a:
2672 (I) chemical change; or
2673 (II) physical change;
2674 (B) remove impurities from a semiconductor; or
2675 (C) improve the marketable condition of a semiconductor.
2676 (123) "Senior citizen center" means a facility having the primary purpose of providing
2677 services to the aged as defined in Section 62A-3-101.
2678 (124) (a) Subject to Subsections (124)(b) and (c), "short-term lodging consumable"
2679 means tangible personal property that:
2680 (i) a business that provides accommodations and services described in Subsection
2681 59-12-103(1)(i) purchases as part of a transaction to provide the accommodations and services
2682 to a purchaser;
2683 (ii) is intended to be consumed by the purchaser; and
2684 (iii) is:
2685 (A) included in the purchase price of the accommodations and services; and
2686 (B) not separately stated on an invoice, bill of sale, or other similar document provided
2687 to the purchaser.
2688 (b) "Short-term lodging consumable" includes:
2689 (i) a beverage;
2690 (ii) a brush or comb;
2691 (iii) a cosmetic;
2692 (iv) a hair care product;
2693 (v) lotion;
2694 (vi) a magazine;
2695 (vii) makeup;
2696 (viii) a meal;
2697 (ix) mouthwash;
2698 (x) nail polish remover;
2699 (xi) a newspaper;
2700 (xii) a notepad;
2701 (xiii) a pen;
2702 (xiv) a pencil;
2703 (xv) a razor;
2704 (xvi) saline solution;
2705 (xvii) a sewing kit;
2706 (xviii) shaving cream;
2707 (xix) a shoe shine kit;
2708 (xx) a shower cap;
2709 (xxi) a snack item;
2710 (xxii) soap;
2711 (xxiii) toilet paper;
2712 (xxiv) a toothbrush;
2713 (xxv) toothpaste; or
2714 (xxvi) an item similar to Subsections (124)(b)(i) through (xxv) as the commission may
2715 provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2716 Rulemaking Act.
2717 (c) "Short-term lodging consumable" does not include:
2718 (i) tangible personal property that is cleaned or washed to allow the tangible personal
2719 property to be reused; or
2720 (ii) a product transferred electronically.
2721 (125) "Simplified electronic return" means the electronic return:
2722 (a) described in Section 318(C) of the agreement; and
2723 (b) approved by the governing board of the agreement.
2724 (126) "Solar energy" means the sun used as the sole source of energy for producing
2725 electricity.
2726 (127) (a) "Sports or recreational equipment" means an item:
2727 (i) designed for human use; and
2728 (ii) that is:
2729 (A) worn in conjunction with:
2730 (I) an athletic activity; or
2731 (II) a recreational activity; and
2732 (B) not suitable for general use.
2733 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2734 commission shall make rules:
2735 (i) listing the items that constitute "sports or recreational equipment"; and
2736 (ii) that are consistent with the list of items that constitute "sports or recreational
2737 equipment" under the agreement.
2738 (128) "State" means the state of Utah, its departments, and agencies.
2739 (129) "Storage" means any keeping or retention of tangible personal property or any
2740 other taxable transaction under Subsection 59-12-103(1), in this state for any purpose except
2741 sale in the regular course of business.
2742 (130) (a) Except as provided in Subsection (130)(d) or (e), "tangible personal property"
2743 means personal property that:
2744 (i) may be:
2745 (A) seen;
2746 (B) weighed;
2747 (C) measured;
2748 (D) felt; or
2749 (E) touched; or
2750 (ii) is in any manner perceptible to the senses.
2751 (b) "Tangible personal property" includes:
2752 (i) electricity;
2753 (ii) water;
2754 (iii) gas;
2755 (iv) steam; or
2756 (v) prewritten computer software, regardless of the manner in which the prewritten
2757 computer software is transferred.
2758 (c) "Tangible personal property" includes the following regardless of whether the item
2759 is attached to real property:
2760 (i) a dishwasher;
2761 (ii) a dryer;
2762 (iii) a freezer;
2763 (iv) a microwave;
2764 (v) a refrigerator;
2765 (vi) a stove;
2766 (vii) a washer; or
2767 (viii) an item similar to Subsections (130)(c)(i) through (vii) as determined by the
2768 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2769 Rulemaking Act.
2770 (d) "Tangible personal property" does not include a product that is transferred
2771 electronically.
2772 (e) "Tangible personal property" does not include the following if attached to real
2773 property, regardless of whether the attachment to real property is only through a line that
2774 supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
2775 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2776 Rulemaking Act:
2777 (i) a hot water heater;
2778 (ii) a water filtration system; or
2779 (iii) a water softener system.
2780 (131) (a) "Telecommunications enabling or facilitating equipment, machinery, or
2781 software" means an item listed in Subsection (131)(b) if that item is purchased or leased
2782 primarily to enable or facilitate one or more of the following to function:
2783 (i) telecommunications switching or routing equipment, machinery, or software; or
2784 (ii) telecommunications transmission equipment, machinery, or software.
2785 (b) The following apply to Subsection (131)(a):
2786 (i) a pole;
2787 (ii) software;
2788 (iii) a supplementary power supply;
2789 (iv) temperature or environmental equipment or machinery;
2790 (v) test equipment;
2791 (vi) a tower; or
2792 (vii) equipment, machinery, or software that functions similarly to an item listed in
2793 Subsections (131)(b)(i) through (vi) as determined by the commission by rule made in
2794 accordance with Subsection (131)(c).
2795 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2796 commission may by rule define what constitutes equipment, machinery, or software that
2797 functions similarly to an item listed in Subsections (131)(b)(i) through (vi).
2798 (132) "Telecommunications equipment, machinery, or software required for 911
2799 service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
2800 Sec. 20.18.
2801 (133) "Telecommunications maintenance or repair equipment, machinery, or software"
2802 means equipment, machinery, or software purchased or leased primarily to maintain or repair
2803 one or more of the following, regardless of whether the equipment, machinery, or software is
2804 purchased or leased as a spare part or as an upgrade or modification to one or more of the
2805 following:
2806 (a) telecommunications enabling or facilitating equipment, machinery, or software;
2807 (b) telecommunications switching or routing equipment, machinery, or software; or
2808 (c) telecommunications transmission equipment, machinery, or software.
2809 (134) (a) "Telecommunications service" means the electronic conveyance, routing, or
2810 transmission of audio, data, video, voice, or any other information or signal to a point, or
2811 among or between points.
2812 (b) "Telecommunications service" includes:
2813 (i) an electronic conveyance, routing, or transmission with respect to which a computer
2814 processing application is used to act:
2815 (A) on the code, form, or protocol of the content;
2816 (B) for the purpose of electronic conveyance, routing, or transmission; and
2817 (C) regardless of whether the service:
2818 (I) is referred to as voice over Internet protocol service; or
2819 (II) is classified by the Federal Communications Commission as enhanced or value
2820 added;
2821 (ii) an 800 service;
2822 (iii) a 900 service;
2823 (iv) a fixed wireless service;
2824 (v) a mobile wireless service;
2825 (vi) a postpaid calling service;
2826 (vii) a prepaid calling service;
2827 (viii) a prepaid wireless calling service; or
2828 (ix) a private communications service.
2829 (c) "Telecommunications service" does not include:
2830 (i) advertising, including directory advertising;
2831 (ii) an ancillary service;
2832 (iii) a billing and collection service provided to a third party;
2833 (iv) a data processing and information service if:
2834 (A) the data processing and information service allows data to be:
2835 (I) (Aa) acquired;
2836 (Bb) generated;
2837 (Cc) processed;
2838 (Dd) retrieved; or
2839 (Ee) stored; and
2840 (II) delivered by an electronic transmission to a purchaser; and
2841 (B) the purchaser's primary purpose for the underlying transaction is the processed data
2842 or information;
2843 (v) installation or maintenance of the following on a customer's premises:
2844 (A) equipment; or
2845 (B) wiring;
2846 (vi) Internet access service;
2847 (vii) a paging service;
2848 (viii) a product transferred electronically, including:
2849 (A) music;
2850 (B) reading material;
2851 (C) a ring tone;
2852 (D) software; or
2853 (E) video;
2854 (ix) a radio and television audio and video programming service:
2855 (A) regardless of the medium; and
2856 (B) including:
2857 (I) furnishing conveyance, routing, or transmission of a television audio and video
2858 programming service by a programming service provider;
2859 (II) cable service as defined in 47 U.S.C. Sec. 522(6); or
2860 (III) audio and video programming services delivered by a commercial mobile radio
2861 service provider as defined in 47 C.F.R. Sec. 20.3;
2862 (x) a value-added nonvoice data service; or
2863 (xi) tangible personal property.
2864 (135) (a) "Telecommunications service provider" means a person that:
2865 (i) owns, controls, operates, or manages a telecommunications service; and
2866 (ii) engages in an activity described in Subsection (135)(a)(i) for the shared use with or
2867 resale to any person of the telecommunications service.
2868 (b) A person described in Subsection (135)(a) is a telecommunications service provider
2869 whether or not the Public Service Commission of Utah regulates:
2870 (i) that person; or
2871 (ii) the telecommunications service that the person owns, controls, operates, or
2872 manages.
2873 (136) (a) "Telecommunications switching or routing equipment, machinery, or
2874 software" means an item listed in Subsection (136)(b) if that item is purchased or leased
2875 primarily for switching or routing:
2876 (i) an ancillary service;
2877 (ii) data communications;
2878 (iii) voice communications; or
2879 (iv) telecommunications service.
2880 (b) The following apply to Subsection (136)(a):
2881 (i) a bridge;
2882 (ii) a computer;
2883 (iii) a cross connect;
2884 (iv) a modem;
2885 (v) a multiplexer;
2886 (vi) plug in circuitry;
2887 (vii) a router;
2888 (viii) software;
2889 (ix) a switch; or
2890 (x) equipment, machinery, or software that functions similarly to an item listed in
2891 Subsections (136)(b)(i) through (ix) as determined by the commission by rule made in
2892 accordance with Subsection (136)(c).
2893 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2894 commission may by rule define what constitutes equipment, machinery, or software that
2895 functions similarly to an item listed in Subsections (136)(b)(i) through (ix).
2896 (137) (a) "Telecommunications transmission equipment, machinery, or software"
2897 means an item listed in Subsection (137)(b) if that item is purchased or leased primarily for
2898 sending, receiving, or transporting:
2899 (i) an ancillary service;
2900 (ii) data communications;
2901 (iii) voice communications; or
2902 (iv) telecommunications service.
2903 (b) The following apply to Subsection (137)(a):
2904 (i) an amplifier;
2905 (ii) a cable;
2906 (iii) a closure;
2907 (iv) a conduit;
2908 (v) a controller;
2909 (vi) a duplexer;
2910 (vii) a filter;
2911 (viii) an input device;
2912 (ix) an input/output device;
2913 (x) an insulator;
2914 (xi) microwave machinery or equipment;
2915 (xii) an oscillator;
2916 (xiii) an output device;
2917 (xiv) a pedestal;
2918 (xv) a power converter;
2919 (xvi) a power supply;
2920 (xvii) a radio channel;
2921 (xviii) a radio receiver;
2922 (xix) a radio transmitter;
2923 (xx) a repeater;
2924 (xxi) software;
2925 (xxii) a terminal;
2926 (xxiii) a timing unit;
2927 (xxiv) a transformer;
2928 (xxv) a wire; or
2929 (xxvi) equipment, machinery, or software that functions similarly to an item listed in
2930 Subsections (137)(b)(i) through (xxv) as determined by the commission by rule made in
2931 accordance with Subsection (137)(c).
2932 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2933 commission may by rule define what constitutes equipment, machinery, or software that
2934 functions similarly to an item listed in Subsections (137)(b)(i) through (xxv).
2935 (138) (a) "Textbook for a higher education course" means a textbook or other printed
2936 material that is required for a course:
2937 (i) offered by an institution of higher education; and
2938 (ii) that the purchaser of the textbook or other printed material attends or will attend.
2939 (b) "Textbook for a higher education course" includes a textbook in electronic format.
2940 (139) "Tobacco" means:
2941 (a) a cigarette;
2942 (b) a cigar;
2943 (c) chewing tobacco;
2944 (d) pipe tobacco; or
2945 (e) any other item that contains tobacco.
2946 (140) "Unassisted amusement device" means an amusement device, skill device, or
2947 ride device that is started and stopped by the purchaser or renter of the right to use or operate
2948 the amusement device, skill device, or ride device.
2949 (141) (a) "Use" means the exercise of any right or power over tangible personal
2950 property, a product transferred electronically, or a service under Subsection 59-12-103(1),
2951 incident to the ownership or the leasing of that tangible personal property, product transferred
2952 electronically, or service.
2953 (b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
2954 property, a product transferred electronically, or a service in the regular course of business and
2955 held for resale.
2956 (142) "Value-added nonvoice data service" means a service:
2957 (a) that otherwise meets the definition of a telecommunications service except that a
2958 computer processing application is used to act primarily for a purpose other than conveyance,
2959 routing, or transmission; and
2960 (b) with respect to which a computer processing application is used to act on data or
2961 information:
2962 (i) code;
2963 (ii) content;
2964 (iii) form; or
2965 (iv) protocol.
2966 (143) (a) Subject to Subsection (143)(b), "vehicle" means the following that are
2967 required to be titled, registered, or titled and registered:
2968 (i) an aircraft as defined in Section 72-10-102;
2969 (ii) a vehicle as defined in Section 41-1a-102;
2970 (iii) an off-highway vehicle as defined in Section 41-22-2; or
2971 (iv) a vessel as defined in Section 41-1a-102.
2972 (b) For purposes of Subsection 59-12-104(33) only, "vehicle" includes:
2973 (i) a vehicle described in Subsection (143)(a); or
2974 (ii) (A) a locomotive;
2975 (B) a freight car;
2976 (C) railroad work equipment; or
2977 (D) other railroad rolling stock.
2978 (144) "Vehicle dealer" means a person engaged in the business of buying, selling, or
2979 exchanging a vehicle as defined in Subsection (143).
2980 (145) (a) "Vertical service" means an ancillary service that:
2981 (i) is offered in connection with one or more telecommunications services; and
2982 (ii) offers an advanced calling feature that allows a customer to:
2983 (A) identify a caller; and
2984 (B) manage multiple calls and call connections.
2985 (b) "Vertical service" includes an ancillary service that allows a customer to manage a
2986 conference bridging service.
2987 (146) (a) "Voice mail service" means an ancillary service that enables a customer to
2988 receive, send, or store a recorded message.
2989 (b) "Voice mail service" does not include a vertical service that a customer is required
2990 to have in order to utilize a voice mail service.
2991 (147) (a) Except as provided in Subsection (147)(b), "waste energy facility" means a
2992 facility that generates electricity:
2993 (i) using as the primary source of energy waste materials that would be placed in a
2994 landfill or refuse pit if it were not used to generate electricity, including:
2995 (A) tires;
2996 (B) waste coal;
2997 (C) oil shale; or
2998 (D) municipal solid waste; and
2999 (ii) in amounts greater than actually required for the operation of the facility.
3000 (b) "Waste energy facility" does not include a facility that incinerates:
3001 (i) hospital waste as defined in 40 C.F.R. 60.51c; or
3002 (ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
3003 (148) "Watercraft" means a vessel as defined in Section 73-18-2.
3004 (149) "Wind energy" means wind used as the sole source of energy to produce
3005 electricity.
3006 (150) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
3007 location by the United States Postal Service.
3008 Section 22. Section 62A-15-103.5 is amended to read:
3009 62A-15-103.5. Provider certification.
3010 The division may not require a licensed mental health therapist, as defined in Section
3011 58-60-102, to also be licensed by the Office of Licensing, [
3012
3013 provide mental health or substance use disorder screening, assessment, treatment, or recovery
3014 support services to an individual who is incarcerated or who is required to participate in
3015 treatment by a court or by the Board of Pardons and Parole.
3016 Section 23. Section 63B-1-306 is amended to read:
3017 63B-1-306. Obligations issued by authority -- Limitation of liability on
3018 obligations -- Limitation on amount of obligations issued.
3019 (1) (a) All obligations issued by the authority under this part shall be limited
3020 obligations of the authority and may not constitute, nor give rise to, a general obligation or
3021 liability of, nor a charge against the general credit or taxing power of, this state or any of its
3022 political subdivisions.
3023 (b) This limitation shall be plainly stated upon all obligations.
3024 (2) (a) No authority obligations incurred under this section may be issued in an amount
3025 exceeding the difference between the total indebtedness of the state and an amount equal to
3026 1-1/2% of the value of the taxable property of the state.
3027 (b) Debt issued under authority of the following parts or sections may not be included
3028 as part of the total indebtedness of the state of Utah in determining the debt limit established by
3029 this Subsection (2):
3030 (i) Title 63B, Chapter 6, Part 2, 1997 Highway General Obligation Bond
3031 Authorization;
3032 (ii) Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note Authorization;
3033 (iii) Title 63B, Chapter 7, Part 2, 1998 Highway General Obligation Bond
3034 Authorization;
3035 (iv) Title 63B, Chapter 7, Part 3, 1998 Highway Bond Anticipation Note
3036 Authorization;
3037 (v) Title 63B, Chapter 8, Part 2, 1999 Highway General Obligation Bond
3038 Authorization;
3039 (vi) Title 63B, Chapter 8, Part 3, 1999 Highway Bond Anticipation Note
3040 Authorization;
3041 [
3042 [
3043 [
3044 Anticipation Notes Authorization;
3045 [
3046 Salt Lake County;
3047 [
3048 Anticipation Notes for Salt Lake County;
3049 [
3050 [
3051 [
3052 [
3053 [
3054 [
3055 (c) Debt issued under authority of Section 63B-7-503 may not be included as part of
3056 the total indebtedness of the state in determining the debt limit established by this Subsection
3057 (2).
3058 (3) The obligations shall be authorized by resolution of the authority, following
3059 approval of the Legislature, and may:
3060 (a) be executed and delivered at any time, and from time to time, as the authority may
3061 determine;
3062 (b) be sold at public or private sale in the manner and at the prices, either at, in excess
3063 of, or below their face value and at the times that the authority determines;
3064 (c) be in the form and denominations that the authority determines;
3065 (d) be of the tenor that the authority determines;
3066 (e) be in registered or bearer form either as to principal or interest or both;
3067 (f) be payable in those installments and at the times that the authority determines;
3068 (g) be payable at the places, either within or without this state, that the authority
3069 determines;
3070 (h) bear interest at the rate or rates, payable at the place or places, and evidenced in the
3071 manner, that the authority determines;
3072 (i) be redeemable before maturity, with or without premium;
3073 (j) contain any other provisions not inconsistent with this part that are considered to be
3074 for the best interests of the authority and provided for in the proceedings of the authority under
3075 which the bonds are authorized to be issued; and
3076 (k) bear facsimile signatures and seals.
3077 (4) The authority may pay any expenses, premiums, or commissions, that it considers
3078 necessary or advantageous in connection with the authorization, sale, and issuance of these
3079 obligations, from the proceeds of the sale of the obligations or from the revenues of the projects
3080 involved.
3081 Section 24. Section 63C-4a-102 is amended to read:
3082 63C-4a-102. Definitions.
3083 As used in this chapter:
3084 (1) "Account" means the Constitutional Defense Restricted Account, created in Section
3085 63C-4a-402.
3086 (2) "Commission" means the Federalism Commission, created in Section 63C-4a-302.
3087 (3) "Constitutional defense plan" means a plan that outlines actions and expenditures to
3088 fulfill the duties of the commission and the council.
3089 (4) "Council" means the Constitutional Defense Council, created in Section
3090 63C-4a-202.
3091 (5) "Federal governmental entity" means:
3092 (a) the president of the United States;
3093 (b) the United States Congress;
3094 (c) a United States agency; or
3095 (d) an employee or official appointed by the president of the United States.
3096 (6) "Federal issue" means a matter relating to the federal government's dealings with
3097 the state[
3098 (7) "Federal law" means:
3099 (a) an executive order by the president of the United States;
3100 (b) a statute passed by the United States Congress;
3101 (c) a regulation adopted by a United States agency; or
3102 (d) a policy statement, order, guidance, or action by:
3103 (i) a United States agency; or
3104 (ii) an employee or official appointed by the president of the United States.
3105 (8) "R.S. 2477" means Revised Statute 2477, codified as 43 U.S.C. Section 932.
3106 (9) "R.S. 2477 plan" means a guiding document that:
3107 (a) is developed jointly by the Utah Association of Counties and the state;
3108 (b) is approved by the council; and
3109 (c) presents the broad framework of a proposed working relationship between the state
3110 and participating counties collectively for the purpose of asserting, defending, or litigating state
3111 and local government rights under R.S. 2477.
3112 (10) "United States agency" means a department, agency, authority, commission,
3113 council, board, office, bureau, or other administrative unit of the executive branch of the
3114 United States government.
3115 Section 25. Section 63G-2-204 is amended to read:
3116 63G-2-204. Record request -- Response -- Time for responding.
3117 (1) (a) A person making a request for a record shall submit to the governmental entity
3118 that retains the record a written request containing:
3119 (i) the person's:
3120 (A) name;
3121 (B) mailing address;
3122 (C) email address, if the person has an email address and is willing to accept
3123 communications by email relating to the person's records request; and
3124 (D) daytime telephone number; and
3125 (ii) a description of the record requested that identifies the record with reasonable
3126 specificity.
3127 (b) (i) A single record request may not be submitted to multiple governmental entities.
3128 (ii) Subsection (1)(b)(i) may not be construed to prevent a person from submitting a
3129 separate record request to each of multiple governmental entities, even if each of the separate
3130 requests seeks access to the same record.
3131 (2) (a) In response to a request for a record, a governmental entity may not provide a
3132 record that it has received under Section 63G-2-206 as a shared record.
3133 (b) If a governmental entity is prohibited from providing a record under Subsection
3134 (2)(a), the governmental entity shall:
3135 (i) deny the records request; and
3136 (ii) inform the person making the request of the identity of the governmental entity
3137 from which the shared record was received.
3138 (3) A governmental entity may make rules in accordance with Title 63G, Chapter 3,
3139 Utah Administrative Rulemaking Act, specifying where and to whom requests for access shall
3140 be directed.
3141 (4) After receiving a request for a record, a governmental entity shall:
3142 (a) review each request that seeks an expedited response and notify, within five
3143 business days after receiving the request, each requester that has not demonstrated that their
3144 record request benefits the public rather than the person that their response will not be
3145 expedited; and
3146 (b) as soon as reasonably possible, but no later than 10 business days after receiving a
3147 written request, or five business days after receiving a written request if the requester
3148 demonstrates that expedited response to the record request benefits the public rather than the
3149 person:
3150 (i) approve the request and provide a copy of the record;
3151 (ii) deny the request in accordance with the procedures and requirements of Section
3152 63G-2-205;
3153 (iii) notify the requester that it does not maintain the record requested and provide, if
3154 known, the name and address of the governmental entity that does maintain the record; or
3155 (iv) notify the requester that because of one of the extraordinary circumstances listed in
3156 Subsection (6), it cannot immediately approve or deny the request, and include with the notice:
3157 (A) a description of the circumstances that constitute the extraordinary circumstances;
3158 and
3159 (B) the date when the records will be available, consistent with the requirements of
3160 Subsection (7).
3161 (5) Any person who requests a record to obtain information for a story or report for
3162 publication or broadcast to the general public is presumed to be acting to benefit the public
3163 rather than a person.
3164 (6) The following circumstances constitute "extraordinary circumstances" that allow a
3165 governmental entity to delay approval or denial by an additional period of time as specified in
3166 Subsection (7) if the governmental entity determines that due to the extraordinary
3167 circumstances it cannot respond within the time limits provided in Subsection (4):
3168 (a) another governmental entity is using the record, in which case the originating
3169 governmental entity shall promptly request that the governmental entity currently in possession
3170 return the record;
3171 (b) another governmental entity is using the record as part of an audit, and returning the
3172 record before the completion of the audit would impair the conduct of the audit;
3173 (c) (i) the request is for a voluminous quantity of records or a record series containing a
3174 substantial number of records; or
3175 (ii) the requester seeks a substantial number of records or records series in requests
3176 filed within five working days of each other;
3177 (d) the governmental entity is currently processing a large number of records requests;
3178 (e) the request requires the governmental entity to review a large number of records to
3179 locate the records requested;
3180 (f) the decision to release a record involves legal issues that require the governmental
3181 entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case
3182 law;
3183 (g) segregating information that the requester is entitled to inspect from information
3184 that the requester is not entitled to inspect requires extensive editing; or
3185 (h) segregating information that the requester is entitled to inspect from information
3186 that the requester is not entitled to inspect requires computer programming.
3187 (7) If one of the extraordinary circumstances listed in Subsection (6) precludes
3188 approval or denial within the time specified in Subsection (4), the following time limits apply
3189 to the extraordinary circumstances:
3190 (a) for claims under Subsection (6)(a), the governmental entity currently in possession
3191 of the record shall return the record to the originating entity within five business days of the
3192 request for the return unless returning the record would impair the holder's work;
3193 (b) for claims under Subsection (6)(b), the originating governmental entity shall notify
3194 the requester when the record is available for inspection and copying;
3195 (c) for claims under Subsections (6)(c), (d), and (e), the governmental entity shall:
3196 (i) disclose the records that it has located which the requester is entitled to inspect;
3197 (ii) provide the requester with an estimate of the amount of time it will take to finish
3198 the work required to respond to the request;
3199 (iii) complete the work and disclose those records that the requester is entitled to
3200 inspect as soon as reasonably possible; and
3201 (iv) for any person that does not establish a right to an expedited response as
3202 authorized by Subsection (4), a governmental entity may choose to:
3203 (A) require the person to provide for copying of the records as provided in Subsection
3204 63G-2-201[
3205 (B) treat a request for multiple records as separate record requests, and respond
3206 sequentially to each request;
3207 (d) for claims under Subsection (6)(f), the governmental entity shall either approve or
3208 deny the request within five business days after the response time specified for the original
3209 request has expired;
3210 (e) for claims under Subsection (6)(g), the governmental entity shall fulfill the request
3211 within 15 business days from the date of the original request; or
3212 (f) for claims under Subsection (6)(h), the governmental entity shall complete its
3213 programming and disclose the requested records as soon as reasonably possible.
3214 (8) (a) If a request for access is submitted to an office of a governmental entity other
3215 than that specified by rule in accordance with Subsection (3), the office shall promptly forward
3216 the request to the appropriate office.
3217 (b) If the request is forwarded promptly, the time limit for response begins when the
3218 request is received by the office specified by rule.
3219 (9) If the governmental entity fails to provide the requested records or issue a denial
3220 within the specified time period, that failure is considered the equivalent of a determination
3221 denying access to the record.
3222 Section 26. Section 63G-6a-1204 is amended to read:
3223 63G-6a-1204. Multiyear contracts.
3224 (1) Except as provided in Subsection (7), a procurement unit may enter into a multiyear
3225 contract resulting from an invitation for bids or a request for proposals, if:
3226 (a) the procurement [
3227 [
3228 procurement unit; and
3229 (b) the invitation for bids or request for proposals:
3230 (i) states the term of the contract, including all possible renewals of the contract;
3231 (ii) states the conditions for renewal of the contract; and
3232 (iii) includes the provisions of Subsections (3) through (5) that are applicable to the
3233 contract.
3234 (2) In making the determination described in Subsection (1)(a), the procurement
3235 [
3236 (a) result in significant savings to the procurement unit, including:
3237 (i) reduction of the administrative burden in procuring, negotiating, or administering
3238 contracts;
3239 (ii) continuity in operations of the procurement unit; or
3240 (iii) the ability to obtain a volume or term discount;
3241 (b) encourage participation by a person who might not otherwise be willing or able to
3242 compete for a shorter term contract; or
3243 (c) provide an incentive for a bidder or offeror to improve productivity through capital
3244 investment or better technology.
3245 (3) (a) The determination described in Subsection (1)(a) is discretionary and is not
3246 required to be in writing or otherwise recorded.
3247 (b) Except as provided in Subsections (4) and (5), notwithstanding any provision of an
3248 invitation for bids, a request for proposals, or a contract to the contrary, a multiyear contract,
3249 including a contract that was awarded outside of an invitation for bids or request for proposals
3250 process, may not continue or be renewed for any year after the first year of the multiyear
3251 contract if adequate funds are not appropriated or otherwise available to continue or renew the
3252 contract.
3253 (4) A multiyear contract that is funded solely by federal funds may be continued or
3254 renewed for any year after the first year of the multiyear contract if:
3255 (a) adequate funds to continue or renew the contract have not been, but are expected to
3256 be appropriated by, and received from, the federal government;
3257 (b) continuation or renewal of the contract before the money is appropriated or
3258 received is permitted by the federal government; and
3259 (c) the contract states that it may be cancelled or suspended, without penalty, if the
3260 anticipated federal funds are not appropriated or received.
3261 (5) A multiyear contract that is funded in part by federal funds may be continued or
3262 renewed for any year after the first year of the multiyear contract if:
3263 (a) the portion of the contract that is to be funded by funds of a public entity are
3264 appropriated;
3265 (b) adequate federal funds to continue or renew the contract have not been, but are
3266 expected to be, appropriated by, and received from, the federal government;
3267 (c) continuation or renewal of the contract before the federal money is appropriated or
3268 received is permitted by the federal government; and
3269 (d) the contract states that it may be cancelled or suspended, without penalty, if the
3270 anticipated federal funds are not appropriated or received.
3271 (6) A procurement unit may not continue or renew a multiyear contract after the end of
3272 the multiyear contract term or the renewal periods described in the contract, unless the
3273 procurement unit engages in a new standard procurement process or complies with an
3274 exception, described in this chapter, to using a standard procurement process.
3275 (7) A multiyear contract, including any renewal periods, may not exceed a period of
3276 five years, unless:
3277 (a) the procurement [
3278 (i) a longer period is necessary in order to obtain the procurement item;
3279 (ii) a longer period is customary for industry standards; or
3280 (iii) a longer period is in the best interest of the procurement unit; and
3281 (b) the written determination described in Subsection (7)(a) is included in the file
3282 relating to the procurement.
3283 (8) This section does not apply to a contract for the design or construction of a facility,
3284 a road, a public transit project, or a contract for the financing of equipment.
3285 Section 27. Section 63I-1-226 is amended to read:
3286 63I-1-226. Repeal dates, Title 26.
3287 (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
3288 Committee, is repealed July 1, 2024.
3289 (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
3290 July 1, 2025.
3291 (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
3292 1, 2025.
3293 (4) Section 26-1-40 is repealed July 1, 2022.
3294 (5) Section 26-1-41 is repealed July 1, 2026.
3295 (6) Section 26-7-10 is repealed July 1, 2025.
3296 (7) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
3297 2028.
3298 (8) Section 26-7-14 is repealed December 31, 2027.
3299 (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
3300 1, 2025.
3301 (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
3302 is repealed July 1, 2026.
3303 (11) Section 26-10-11 is repealed July 1, 2025.
3304 (12) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
3305 July 1, 2025.
3306 (13) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
3307 2027.
3308 [
3309
3310 [
3311 Health Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
3312 [
3313 Coordinating Committee, is repealed July 1, 2021.
3314 [
3315 [
3316 2024.
3317 [
3318 1, 2024.
3319 [
3320 repealed July 1, 2024.
3321 [
3322 1, 2024.
3323 [
3324 Advisory Committee, is repealed July 1, 2024.
3325 [
3326 Program Advisory Council, is repealed July 1, 2025.
3327 [
3328 Committee, is repealed July 1, 2025.
3329 [
3330 Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
3331 [
3332 repealed July 1, 2026.
3333 [
3334 July 1, 2026.
3335 Section 28. Section 63I-1-251 is amended to read:
3336 63I-1-251. Repeal dates, Title 51.
3337 [
3338 Section 29. Section 63I-1-253 is amended to read:
3339 63I-1-253. Repeal dates, Titles 53 through 53G.
3340 (1) Section 53-2a-105, which creates the Emergency Management Administration
3341 Council, is repealed July 1, 2021.
3342 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
3343 Board, are repealed July 1, 2022.
3344 (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
3345 July 1, 2023.
3346 (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
3347 repealed July 1, 2027.
3348 (5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
3349 repealed July 1, 2027.
3350 (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
3351 repealed July 1, 2024.
3352 (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
3353 (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
3354 repealed January 1, 2025.
3355 (9) Section 53B-18-1501 is repealed July 1, 2021.
3356 (10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
3357 (11) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
3358 1, 2025.
3359 (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
3360 from the Land Exchange Distribution Account to the Geological Survey for test wells and other
3361 hydrologic studies in the West Desert, is repealed July 1, 2030.
3362 (13) Section 53E-3-515 is repealed January 1, 2023.
3363 (14) In relation to a standards review committee, on January 1, 2023:
3364 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
3365 recommendations of a standards review committee established under Section 53E-4-203" is
3366 repealed; and
3367 (b) Section 53E-4-203 is repealed.
3368 (15) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
3369 custody, are repealed July 1, 2027.
3370 (16) Section 53E-4-402, which creates the State Instructional Materials Commission, is
3371 repealed July 1, 2022.
3372 (17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
3373 repealed July 1, 2023.
3374 (18) Subsection 53E-8-204(4), which creates the advisory council for the Utah Schools
3375 for the Deaf and the Blind, is repealed July 1, 2021.
3376 [
3377 [
3378 [
3379 [
3380 [
3381 repealed July 1, 2025.
3382 [
3383 repealed July 1, 2025.
3384 [
3385 Account Committee, is repealed July 1, 2024.
3386 [
3387 [
3388 Commission, are repealed January 1, 2025.
3389 [
3390 C misdemeanor, is repealed July 1, 2022.
3391 Section 30. Section 63I-1-259 is amended to read:
3392 63I-1-259. Repeal dates, Title 59.
3393 (1) Section 59-1-213.1 is repealed on May 9, 2024.
3394 (2) Section 59-1-213.2 is repealed on May 9, 2024.
3395 (3) Subsection 59-1-405(1)(g) is repealed on May 9, 2024.
3396 (4) Subsection 59-1-405(2)(b) is repealed on May 9, 2024.
3397 [
3398 [
3399 [
3400 [
3401
3402 [
3403 2023.
3404 Section 31. Section 63I-2-217 is amended to read:
3405 63I-2-217. Repeal dates -- Title 17.
3406 [
3407 [
3408
3409 [
3410 mountainous planning district" is repealed June 1, 2021.
3411 [
3412 district, is repealed June 1, 2021.
3413 (b) Subsection 17-27a-103[
3414 repealed June 1, 2021.
3415 [
3416 planning district area" is repealed June 1, 2021.
3417 [
3418 district, is repealed June 1, 2021.
3419 (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
3420 June 1, 2021.
3421 (c) Subsection 17-27a-301(3)(a), the language that states " or (c)" is repealed June 1,
3422 2021.
3423 [
3424 district" and "or the mountainous planning district," is repealed June 1, 2021.
3425 [
3426 planning district or" and ", as applicable" is repealed June 1, 2021.
3427 [
3428 district, is repealed June 1, 2021.
3429 (b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
3430 June 1, 2021.
3431 [
3432 district, is repealed June 1, 2021.
3433 (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
3434 repealed June 1, 2021.
3435 (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
3436 planning district" is repealed June 1, 2021.
3437 (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
3438 district" is repealed June 1, 2021.
3439 [
3440 district, is repealed June 1, 2021.
3441 [
3442 district, is repealed June 1, 2021.
3443 [
3444 mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
3445 [
3446 district, is repealed June 1, 2021.
3447 [
3448 planning district land" is repealed June 1, 2021.
3449 [
3450 June 1, 2021.
3451 [
3452 Legislative Research and General Counsel shall:
3453 (a) in addition to its authority under Subsection 36-12-12(3):
3454 (i) make corrections necessary to ensure that sections and subsections identified in this
3455 section are complete sentences and accurately reflect the office's understanding of the
3456 Legislature's intent; and
3457 (ii) make necessary changes to subsection numbering and cross references; and
3458 (b) identify the text of the affected sections and subsections based upon the section and
3459 subsection numbers used in Laws of Utah 2017, Chapter 448.
3460 [
3461 services in a designated recreation area, is repealed June 1, 2021.
3462 [
3463 repealed January 1, 2022.
3464 [
3465 [
3466 [
3467
3468 [
3469 [
3470 initiate a change of form of government process by July 1, 2018, is repealed.
3471 (19) On June 1, 2022:
3472 (a) Section 17-52a-104 is repealed;
3473 (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
3474 described in Subsection 17-52a-104(1)(b) or (2)(b)," is repealed; and
3475 (c) Subsection 17-52a-301(3)(a)(iv), regarding the first initiated process, is repealed.
3476 Section 32. Section 63I-2-219 is amended to read:
3477 63I-2-219. Repeal dates -- Title 19.
3478 [
3479 [
3480
3481
3482 [
3483 Panel, are repealed July 1, 2021.
3484 [
3485 Section 33. Section 63I-2-249 is amended to read:
3486 63I-2-249. Repeal dates -- Title 49.
3487 [
3488 [
3489 [
3490 repealed January 1, 2030.
3491 Section 34. Section 63I-2-253 is amended to read:
3492 63I-2-253. Repeal dates -- Titles 53 through 53G.
3493 (1) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
3494 emergency, is repealed on December 31, 2021.
3495 (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
3496 Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
3497 necessary changes to subsection numbering and cross references.
3498 (2) Section 53B-2a-103 is repealed July 1, 2021.
3499 (3) Section 53B-2a-104 is repealed July 1, 2021.
3500 (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
3501 technical college board of trustees, is repealed July 1, 2022.
3502 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
3503 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
3504 necessary changes to subsection numbering and cross references.
3505 (5) Section 53B-6-105.7 is repealed July 1, 2024.
3506 (6) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as provided
3507 in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
3508 (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
3509 change in performance with the technical college's average performance, is repealed July 1,
3510 2021.
3511 (7) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as provided in
3512 Subsection (3)(b)," is repealed July 1, 2021.
3513 (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
3514 during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
3515 (8) Section 53B-8-114 is repealed July 1, 2024.
3516 (9) (a) The following sections, regarding the Regents' scholarship program, are
3517 repealed on July 1, 2023:
3518 (i) Section 53B-8-202;
3519 (ii) Section 53B-8-203;
3520 (iii) Section 53B-8-204; and
3521 (iv) Section 53B-8-205.
3522 (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
3523 students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
3524 (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
3525 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
3526 necessary changes to subsection numbering and cross references.
3527 (10) Section 53B-10-101 is repealed on July 1, 2027.
3528 (11) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
3529 repealed July 1, 2023.
3530 [
3531 [
3532 [
3533
3534
3535 [
3536 [
3537 July 1, 2024.
3538 [
3539 Education's duties if contributions from the minimum basic tax rate are overestimated or
3540 underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
3541 2023.
3542 [
3543 repealed July 1, 2023.
3544 [
3545 applicable" is repealed July 1, 2023.
3546 [
3547 [
3548 applicable" is repealed July 1, 2023.
3549 [
3550 applicable" is repealed July 1, 2023.
3551 [
3552 applicable" is repealed July 1, 2023.
3553 [
3554 as applicable" is repealed July 1, 2023.
3555 [
3556 related to the civics engagement pilot program, are repealed on July 1, 2023.
3557 [
3558 Legislative Research and General Counsel shall, in addition to the office's authority under
3559 Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
3560 identified in this section are complete sentences and accurately reflect the office's perception of
3561 the Legislature's intent.
3562 Section 35. Section 63I-2-263 is amended to read:
3563 63I-2-263. Repeal dates, Title 63A to Title 63N.
3564 [
3565 [
3566 [
3567
3568 [
3569 [
3570 repealed July 1, 2021.
3571 [
3572 Commission is repealed July 1, 2023.
3573 [
3574 repealed on July 1, 2022:
3575 (a) Section 63G-1-801;
3576 (b) Section 63G-1-802;
3577 (c) Section 63G-1-803; and
3578 (d) Section 63G-1-804.
3579 [
3580
3581 [
3582 [
3583 [
3584 [
3585 [
3586 [
3587 (a) Subsection 63J-1-602.1(57) is repealed;
3588 (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
3589 and
3590 (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
3591 [
3592 Program Act, is repealed January 1, 2022.
3593 [
3594 [
3595 [
3596 Partnerships Act, is repealed January 1, 2024.
3597 [
3598 repealed December 31, 2021.
3599 Section 36. Section 63J-3-402 is amended to read:
3600 63J-3-402. Debt limitation -- Vote requirement needed to exceed limitation --
3601 Exceptions.
3602 (1) (a) Except as provided in Subsection (1)(b), the outstanding general obligation debt
3603 of the state may not exceed 45% of the maximum allowable appropriations limit unless
3604 approved by more than a two-thirds vote of both houses of the Legislature.
3605 (b) Notwithstanding the limitation contained in Subsection (1)(a), debt issued under the
3606 authority of the following parts or sections is not subject to the debt limitation established by
3607 this section:
3608 (i) Title 63B, Chapter 6, Part 2, 1997 Highway General Obligation Bond
3609 Authorization;
3610 (ii) Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note Authorization;
3611 (iii) Title 63B, Chapter 7, Part 2, 1998 Highway General Obligation Bond
3612 Authorization;
3613 (iv) Title 63B, Chapter 7, Part 3, 1998 Highway Bond Anticipation Note
3614 Authorization;
3615 (v) Title 63B, Chapter 8, Part 2, 1999 Highway General Obligation Bond
3616 Authorization;
3617 (vi) Title 63B, Chapter 8, Part 3, 1999 Highway Bond Anticipation Note
3618 Authorization;
3619 [
3620 [
3621 [
3622 Anticipation Notes Authorization;
3623 [
3624 Salt Lake County;
3625 [
3626 Anticipation Notes for Salt Lake County;
3627 [
3628 [
3629 [
3630 [
3631 [
3632 [
3633 (2) This section does not apply if contractual rights will be impaired.
3634 Section 37. Section 63M-4-503 is amended to read:
3635 63M-4-503. Tax credits.
3636 (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3637 the office shall make rules establishing standards an alternative energy entity shall meet to
3638 qualify for a tax credit.
3639 (b) Before the office enters into an agreement described in Subsection (2) with an
3640 alternative energy entity, the office, in consultation with other state agencies as necessary, shall
3641 certify:
3642 (i) that the alternative energy entity plans to produce in the state at least:
3643 (A) two megawatts of electricity;
3644 (B) 1,000 barrels per day if the alternative energy project is a crude oil equivalent
3645 production; or
3646 (C) 250 barrels per day if the alternative energy project is a biomass energy fuel
3647 production;
3648 (ii) that the alternative energy project will generate new state revenues;
3649 (iii) the economic life of the alternative energy project produced by the alternative
3650 energy entity;
3651 (iv) that the alternative energy entity meets the requirements of Section 63M-4-504;
3652 and
3653 (v) that the alternative energy entity has received a certificate of existence from the
3654 Division of Corporations and Commercial Code.
3655 (2) If an alternative energy entity meets the requirements of this part to receive a tax
3656 credit, the office shall enter into an agreement with the alternative energy entity to authorize the
3657 tax credit in accordance with Subsection (3).
3658 (3) (a) Subject to Subsection (3)(b), if the office expects that the time from the
3659 commencement of construction until the end of the economic life of the alternative energy
3660 project is 20 years or more:
3661 (i) the office shall grant a tax credit for the lesser of:
3662 (A) the economic life of the alternative energy project; or
3663 (B) 20 years; and
3664 (ii) the tax credit is equal to 75% of new state revenues generated by the alternative
3665 energy project.
3666 (b) For a taxable year, a tax credit under this section may not exceed the new state
3667 revenues generated by an alternative energy project during that taxable year.
3668 (4) An alternative energy entity that seeks to receive a tax credit or has entered into an
3669 agreement described in Subsection (2) with the office shall:
3670 (a) annually file a report with the office showing the new state revenues generated by
3671 the alternative energy project during the taxable year for which the alternative energy entity
3672 seeks to receive a tax credit under Section 59-7-614.7 or 59-10-1029;
3673 (b) subject to Subsection (5), annually file a report with the office prepared by an
3674 independent certified public accountant verifying the new state [
3675 Subsection (4)(a);
3676 (c) subject to Subsection (5), file a report with the office at least every four years
3677 prepared by an independent auditor auditing the new state [
3678 Subsection (4)(a);
3679 (d) provide the office with information required by the office to certify the economic
3680 life of the alternative energy project produced by the alternative energy entity, which may
3681 include a power purchase agreement, a lease, or a permit; and
3682 (e) retain records supporting a claim for a tax credit for at least four years after the
3683 alternative energy entity claims a tax credit under Section 59-7-614.7 or 59-10-1029.
3684 (5) An alternative energy entity for which a report is prepared under Subsection (4)(b)
3685 or (c) shall pay the costs of preparing the report.
3686 (6) The office shall annually certify the new state revenues generated by an alternative
3687 energy project for a taxable year for which an alternative energy entity seeks to receive a tax
3688 credit under Section 59-7-614.7 or 59-10-1029.
3689 Section 38. Section 63M-7-204 is amended to read:
3690 63M-7-204. Duties of commission.
3691 (1) The State Commission on Criminal and Juvenile Justice administration shall:
3692 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
3693 (b) promote the communication and coordination of all criminal and juvenile justice
3694 agencies;
3695 (c) study, evaluate, and report on the status of crime in the state and on the
3696 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
3697 reduction of crime in the state;
3698 (d) study, evaluate, and report on programs initiated by state and local agencies to
3699 address reducing recidivism, including changes in penalties and sentencing guidelines intended
3700 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
3701 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
3702 alternative to incarceration, as resources allow;
3703 (e) study, evaluate, and report on policies, procedures, and programs of other
3704 jurisdictions which have effectively reduced crime;
3705 (f) identify and promote the implementation of specific policies and programs the
3706 commission determines will significantly reduce crime in Utah;
3707 (g) provide analysis and recommendations on all criminal and juvenile justice
3708 legislation, state budget, and facility requests, including program and fiscal impact on all
3709 components of the criminal and juvenile justice system;
3710 (h) provide analysis, accountability, recommendations, and supervision for state and
3711 federal criminal justice grant money;
3712 (i) provide public information on the criminal and juvenile justice system and give
3713 technical assistance to agencies or local units of government on methods to promote public
3714 awareness;
3715 (j) promote research and program evaluation as an integral part of the criminal and
3716 juvenile justice system;
3717 (k) provide a comprehensive criminal justice plan annually;
3718 (l) review agency forecasts regarding future demands on the criminal and juvenile
3719 justice systems, including specific projections for secure bed space;
3720 (m) promote the development of criminal and juvenile justice information systems that
3721 are consistent with common standards for data storage and are capable of appropriately sharing
3722 information with other criminal justice information systems by:
3723 (i) developing and maintaining common data standards for use by all state criminal
3724 justice agencies;
3725 (ii) annually performing audits of criminal history record information maintained by
3726 state criminal justice agencies to assess their accuracy, completeness, and adherence to
3727 standards;
3728 (iii) defining and developing state and local programs and projects associated with the
3729 improvement of information management for law enforcement and the administration of
3730 justice; and
3731 (iv) establishing general policies concerning criminal and juvenile justice information
3732 systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
3733 Subsection (1)(m);
3734 (n) allocate and administer grants, from money made available, for approved education
3735 programs to help prevent the sexual exploitation of children;
3736 (o) allocate and administer grants for law enforcement operations and programs related
3737 to reducing illegal drug activity and related criminal activity;
3738 (p) request, receive, and evaluate data and recommendations collected and reported by
3739 agencies and contractors related to policies recommended by the commission regarding
3740 recidivism reduction;
3741 (q) establish and administer a performance incentive grant program that allocates funds
3742 appropriated by the Legislature to programs and practices implemented by counties that reduce
3743 recidivism and reduce the number of offenders per capita who are incarcerated;
3744 (r) oversee or designate an entity to oversee the implementation of juvenile justice
3745 reforms;
3746 (s) make rules and administer the juvenile holding room standards and juvenile jail
3747 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
3748 pursuant to 42 U.S.C. Sec. 5633;
3749 (t) allocate and administer grants, from money made available, for pilot qualifying
3750 education programs;
3751 (u) oversee the trauma-informed justice program described in Section 63M-7-209; and
3752 (v) request, receive, and evaluate the aggregate data collected from prosecutorial
3753 agencies[
3754 [
3755 (2) If the commission designates an entity under Subsection (1)(r), the commission
3756 shall ensure that the membership of the entity includes representation from the three branches
3757 of government and, as determined by the commission, representation from relevant stakeholder
3758 groups across all parts of the juvenile justice system, including county representation.
3759 Section 39. Section 63N-15-501 is amended to read:
3760 63N-15-501. COVID-19 Oil, Gas, and Mining Grant Program.
3761 (1) There is established a grant program known as the COVID-19 Oil, Gas, and Mining
3762 Grant Program that is administered by the office in accordance with this part.
3763 (2) To be eligible to apply for a grant under this part, an oil, gas, or mining business
3764 entity that operates in the state:
3765 (a) shall have experienced a revenue decline in this state due to the public health
3766 emergency related to COVID-19; and
3767 (b) shall describe to the office how receipt of grant funds will benefit the state
3768 economy.
3769 (3) The amount of a grant that the office awards to an oil, gas, or mining business
3770 entity under this part may not exceed the amount of the business entity's revenue decline.
3771 Section 40. Section 67-22-2 is amended to read:
3772 67-22-2. Compensation -- Other state officers.
3773 (1) As used in this section:
3774 (a) "Appointed executive" means the:
3775 (i) commissioner of the Department of Agriculture and Food;
3776 (ii) commissioner of the Insurance Department;
3777 (iii) commissioner of the Labor Commission;
3778 (iv) director, Department of Alcoholic Beverage Control;
3779 (v) commissioner of the Department of Financial Institutions;
3780 (vi) executive director, Department of Commerce;
3781 (vii) executive director, Commission on Criminal and Juvenile Justice;
3782 (viii) adjutant general;
3783 (ix) executive director, Department of Heritage and Arts;
3784 (x) executive director, Department of Corrections;
3785 (xi) commissioner, Department of Public Safety;
3786 (xii) executive director, Department of Natural Resources;
3787 (xiii) executive director, Governor's Office of Management and Budget;
3788 (xiv) executive director, Department of Administrative Services;
3789 (xv) executive director, Department of Human Resource Management;
3790 (xvi) executive director, Department of Environmental Quality;
3791 (xvii) director, Governor's Office of Economic Development;
3792 [
3793
3794 [
3795 [
3796 [
3797 [
3798 [
3799 [
3800 (b) "Board or commission executive" means:
3801 (i) members, Board of Pardons and Parole;
3802 (ii) chair, State Tax Commission;
3803 (iii) commissioners, State Tax Commission;
3804 (iv) executive director, State Tax Commission;
3805 (v) chair, Public Service Commission; and
3806 (vi) commissioners, Public Service Commission.
3807 (c) "Deputy" means the person who acts as the appointed executive's second in
3808 command as determined by the Department of Human Resource Management.
3809 (2) (a) The executive director of the Department of Human Resource Management
3810 shall:
3811 (i) before October 31 of each year, recommend to the governor a compensation plan for
3812 the appointed executives and the board or commission executives; and
3813 (ii) base those recommendations on market salary studies conducted by the Department
3814 of Human Resource Management.
3815 (b) (i) The Department of Human Resource Management shall determine the salary
3816 range for the appointed executives by:
3817 (A) identifying the salary range assigned to the appointed executive's deputy;
3818 (B) designating the lowest minimum salary from those deputies' salary ranges as the
3819 minimum salary for the appointed executives' salary range; and
3820 (C) designating 105% of the highest maximum salary range from those deputies' salary
3821 ranges as the maximum salary for the appointed executives' salary range.
3822 (ii) If the deputy is a medical doctor, the Department of Human Resource Management
3823 may not consider that deputy's salary range in designating the salary range for appointed
3824 executives.
3825 (c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
3826 board or commission executives, the Department of Human Resource Management shall set
3827 the maximum salary in the salary range for each of those positions at 90% of the salary for
3828 district judges as established in the annual appropriation act under Section 67-8-2.
3829 (ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
3830 or (iii), the Department of Human Resource Management shall set the maximum salary in the
3831 salary range for each of those positions at 100% of the salary for district judges as established
3832 in the annual appropriation act under Section 67-8-2.
3833 (3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
3834 specific salary for each appointed executive within the range established under Subsection
3835 (2)(b).
3836 (ii) If the executive director of the Department of Health is a physician, the governor
3837 shall establish a salary within the highest physician salary range established by the Department
3838 of Human Resource Management.
3839 (iii) The governor may provide salary increases for appointed executives within the
3840 range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
3841 (b) The governor shall apply the same overtime regulations applicable to other FLSA
3842 exempt positions.
3843 (c) The governor may develop standards and criteria for reviewing the appointed
3844 executives.
3845 (4) Salaries for other Schedule A employees, as defined in Section 67-19-15, that are
3846 not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
3847 Salary Act, shall be established as provided in Section 67-19-15.
3848 (5) (a) The Legislature fixes benefits for the appointed executives and the board or
3849 commission executives as follows:
3850 (i) the option of participating in a state retirement system established by Title 49, Utah
3851 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
3852 by the State Retirement Office in accordance with the Internal Revenue Code and its
3853 accompanying rules and regulations;
3854 (ii) health insurance;
3855 (iii) dental insurance;
3856 (iv) basic life insurance;
3857 (v) unemployment compensation;
3858 (vi) workers' compensation;
3859 (vii) required employer contribution to Social Security;
3860 (viii) long-term disability income insurance;
3861 (ix) the same additional state-paid life insurance available to other noncareer service
3862 employees;
3863 (x) the same severance pay available to other noncareer service employees;
3864 (xi) the same leave, holidays, and allowances granted to Schedule B state employees as
3865 follows:
3866 (A) sick leave;
3867 (B) converted sick leave if accrued prior to January 1, 2014;
3868 (C) educational allowances;
3869 (D) holidays; and
3870 (E) annual leave except that annual leave shall be accrued at the maximum rate
3871 provided to Schedule B state employees;
3872 (xii) the option to convert accumulated sick leave to cash or insurance benefits as
3873 provided by law or rule upon resignation or retirement according to the same criteria and
3874 procedures applied to Schedule B state employees;
3875 (xiii) the option to purchase additional life insurance at group insurance rates according
3876 to the same criteria and procedures applied to Schedule B state employees; and
3877 (xiv) professional memberships if being a member of the professional organization is a
3878 requirement of the position.
3879 (b) Each department shall pay the cost of additional state-paid life insurance for its
3880 executive director from its existing budget.
3881 (6) The Legislature fixes the following additional benefits:
3882 (a) for the executive director of the State Tax Commission a vehicle for official and
3883 personal use;
3884 (b) for the executive director of the Department of Transportation a vehicle for official
3885 and personal use;
3886 (c) for the executive director of the Department of Natural Resources a vehicle for
3887 commute and official use;
3888 (d) for the commissioner of Public Safety:
3889 (i) an accidental death insurance policy if POST certified; and
3890 (ii) a public safety vehicle for official and personal use;
3891 (e) for the executive director of the Department of Corrections:
3892 (i) an accidental death insurance policy if POST certified; and
3893 (ii) a public safety vehicle for official and personal use;
3894 (f) for the adjutant general a vehicle for official and personal use; and
3895 (g) for each member of the Board of Pardons and Parole a vehicle for commute and
3896 official use.
3897 Section 41. Section 76-9-802 is amended to read:
3898 76-9-802. Definitions.
3899 As used in this part:
3900 (1) "Criminal street gang" means an organization, association in fact, or group of three
3901 or more persons, whether operated formally or informally:
3902 (a) that is currently in operation;
3903 (b) that has as one of its primary activities the commission of one or more predicate
3904 gang crimes;
3905 (c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
3906 (d) whose members, acting individually or in concert with other members, engage in or
3907 have engaged in a pattern of criminal gang activity.
3908 (2) "Intimidate" means the use of force, duress, violence, coercion, menace, or threat of
3909 harm for the purpose of causing an individual to act or refrain from acting.
3910 (3) "Minor" means a person younger than 18 years [
3911 (4) "Pattern of criminal gang activity" means:
3912 (a) committing, attempting to commit, conspiring to commit, or soliciting the
3913 commission of two or more predicate gang crimes within five years;
3914 (b) the predicate gang crimes are:
3915 (i) committed by two or more persons; or
3916 (ii) committed by an individual at the direction of, or in association with a criminal
3917 street gang; and
3918 (c) the criminal activity was committed with the specific intent to promote, further, or
3919 assist in any criminal conduct by members of the criminal street gang.
3920 (5) (a) "Predicate gang crime" means any of the following offenses:
3921 (i) Title 41, Chapter 1a, Motor Vehicle Act:
3922 (A) Section 41-1a-1313, regarding possession of a motor vehicle without an
3923 identification number;
3924 (B) Section 41-1a-1315, regarding false evidence of title and registration;
3925 (C) Section 41-1a-1316, regarding receiving or transferring stolen vehicles;
3926 (D) Section 41-1a-1317, regarding selling or buying a motor vehicle without an
3927 identification number; or
3928 (E) Section 41-1a-1318, regarding the fraudulent alteration of an identification number;
3929 (ii) any criminal violation of the following provisions:
3930 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
3931 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
3932 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
3933 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
3934 (iii) Sections 76-5-102 through 76-5-103.5, which address assault offenses;
3935 (iv) Title 76, Chapter 5, Part 2, Criminal Homicide;
3936 (v) Sections 76-5-301 through 76-5-304, which address kidnapping and related
3937 offenses;
3938 (vi) any felony offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
3939 (vii) Title 76, Chapter 6, Part 1, Property Destruction;
3940 (viii) Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
3941 (ix) Title 76, Chapter 6, Part 3, Robbery;
3942 (x) any felony offense under Title 76, Chapter 6, Part 4, Theft, or under Title 76,
3943 Chapter 6, Part 6, Retail Theft, except Sections 76-6-404.5, 76-6-405, 76-6-407, 76-6-408,
3944 76-6-409, 76-6-409.1, 76-6-409.3, 76-6-409.6, 76-6-409.7, 76-6-409.8, 76-6-409.9, 76-6-410,
3945 and 76-6-410.5;
3946 (xi) Title 76, Chapter 6, Part 5, Fraud, except Sections 76-6-504, 76-6-505, 76-6-507,
3947 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517,
3948 76-6-518, and 76-6-520;
3949 (xii) Title 76, Chapter 6, Part 11, Identity Fraud Act;
3950 (xiii) Title 76, Chapter 8, Part 3, Obstructing Governmental Operations, except
3951 Sections 76-8-302, 76-8-303, [
3952 (xiv) Section 76-8-508, which includes tampering with a witness;
3953 (xv) Section 76-8-508.3, which includes retaliation against a witness or victim;
3954 (xvi) Section 76-8-509, which includes extortion or bribery to dismiss a criminal
3955 proceeding;
3956 (xvii) a misdemeanor violation of Section 76-9-102, if the violation occurs at an
3957 official meeting;
3958 (xviii) Title 76, Chapter 10, Part 3, Explosives;
3959 (xix) Title 76, Chapter 10, Part 5, Weapons;
3960 (xx) Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
3961 (xxi) Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
3962 (xxii) Section 76-10-1801, which addresses communications fraud;
3963 (xxiii) Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction
3964 Reporting Act; or
3965 (xxiv) Section 76-10-2002, which addresses burglary of a research facility.
3966 (b) "Predicate gang crime" also includes:
3967 (i) any state or federal criminal offense that by its nature involves a substantial risk that
3968 physical force may be used against another in the course of committing the offense; and
3969 (ii) any felony violation of a criminal statute of any other state, the United States, or
3970 any district, possession, or territory of the United States which would constitute a violation of
3971 any offense in Subsection (4)(a) if committed in this state.