This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 28, 2024 at 7:01 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies or repeals various boards and commissions.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals the Utah Museums Advisory Board on October 1, 2024;
13 ▸ repeals the arts collection committee on October 1, 2024;
14 ▸ renames and modifies the Utah Arts Advisory Board as the Utah Arts and Museums
15 Advisory Board and repeals the board with review on July 1, 2029;
16 ▸ repeals the Utah Health Care Workforce Financial Assistance Program Advisory
17 Committee;
18 ▸ repeals the Opioid and Overdose Fatality Review Committee;
19 ▸ modifies membership of the Employment Advisory Council and repeals the council
20 with review on July 1, 2029;
21 ▸ repeals the Governor's Committee on Employment of People with Disabilities on
22 October 1, 2024;
23 ▸ repeals the advisory council to advise and assist the Division of Services for the
24 Deaf and Hard of Hearing;
25 ▸ renames and modifies the Criminal Justice Data Management Task Force as the
26 Public Safety Data Management Task Force and repeals the task force on July 1, 2029;
27 ▸ repeals the Domestic Violence Data Task Force on October 1, 2024;
28 ▸ repeals the Private Investigator Hearing and Licensure Board on October 1, 2024;
29 ▸ renames and modifies the Bail Bond Recovery Licensure Board as the Bail Bond
30 Recovery and Private Investigator Licensure Board and repeals the board with
31 review on July 1, 2029;
32 ▸ modifies the duties of the Emergency Management Administration Council and
33 repeals the council with review on July 1, 2029;
34 ▸ repeals the Statewide Mutual Aid Committee on October 1, 2024;
35 ▸ renames and modifies the State Emergency Medical Services Committee as the
36 Trauma System and Emergency Medical Services Advisory Committee and repeals
37 the committee with review on July 1, 2029;
38 ▸ repeals the Trauma System Advisory Committee on October 1, 2024;
39 ▸ repeals the Stroke Registry Advisory Committee;
40 ▸ repeals the Cardiac Registry Advisory Committee;
41 ▸ repeals the Multi-Disciplinary Trauma-Informed Committee;
42 ▸ modifies the membership of the State Commission on Criminal and Juvenile
43 Justice;
44 ▸ requires law enforcement agencies and other organizations that provide domestic
45 violence services to submit certain data to the State Commission on Criminal and
46 Juvenile Justice;
47 ▸ modifies the Utah Victim Services Commission and repeals the commission with
48 review on July 1, 2029;
49 ▸ repeals the Crime Victim Reparations Assistance Board on Ŝ→ [
49a December 31, 2024 ←Ŝ ;
50 ▸ repeals the Utah Council on Victims of Crime on Ŝ→ [
50a 2024 ←Ŝ ;
51 ▸ repeals the Rural Online Working Hubs Grant Advisory Committee;
52 ▸ repeals the Rural Physician Loan Repayment Program Advisory Committee on July
53 1, 2026;
54 ▸ enacts language for the appointment of individuals to new or modified committees;
55 and
56 ▸ makes technical and conforming changes.
57 Money Appropriated in this Bill:
58 None
59 Other Special Clauses:
60 This bill provides a special effective date.
61 This bill provides a coordination clause.
62 Utah Code Sections Affected:
63 AMENDS:
64 9-6-102, as last amended by Laws of Utah 2020, Chapter 419
65 9-6-202, as last amended by Laws of Utah 2020, Chapters 154, 419
66 9-6-301, as repealed and reenacted by Laws of Utah 2020, Chapter 419
67 9-6-302, as repealed and reenacted by Laws of Utah 2020, Chapter 419
68 9-6-304, as repealed and reenacted by Laws of Utah 2020, Chapter 419
69 9-6-504, as last amended by Laws of Utah 2020, Chapter 419
70 9-6-505, as last amended by Laws of Utah 2020, Chapter 419
71 11-48-103 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 16,
72 310 and 327
73 26B-1-202, as last amended by Laws of Utah 2023, Chapter 302
74 26B-1-204 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
75 249, 305
76 26B-1-204 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
77 305 and 310
78 26B-4-702, as renumbered and amended by Laws of Utah 2023, Chapter 307
79 26B-8-231, as renumbered and amended by Laws of Utah 2023, Chapter 306
80 35A-4-502, as last amended by Laws of Utah 2011, Chapter 439
81 36-12-23, as enacted by Laws of Utah 2023, Chapter 429
82 36-29-111, as last amended by Laws of Utah 2023, Chapter 87
83 52-4-205, as last amended by Laws of Utah 2023, Chapters 263, 328, 374, and 521
84 53-1-104 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 40,
85 310
86 53-1-106, as last amended by Laws of Utah 2023, Chapters 328, 447
87 53-2a-105, as last amended by Laws of Utah 2021, Chapter 344
88 53-2d-101 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 16,
89 327 and renumbered and amended by Laws of Utah 2023, Chapter 310 and last
90 amended by Coordination Clause, Laws of Utah 2023, Chapter 327
91 53-2d-104 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
92 Chapters 305, 310 and last amended by Coordination Clause, Laws of Utah 2023,
93 Chapter 305
94 53-2d-105 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 327
95 and renumbered and amended by Laws of Utah 2023, Chapter 310 and last amended
96 by Coordination Clause, Laws of Utah 2023, Chapter 327
97 53-2d-305 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
98 Chapters 307, 310
99 53-9-102, as last amended by Laws of Utah 2011, Chapter 432
100 53-11-102, as last amended by Laws of Utah 2015, Chapter 170
101 53-11-104, as last amended by Laws of Utah 2014, Chapter 134
102 53-11-105, as last amended by Laws of Utah 2013, Chapter 396
103 53-11-106, as last amended by Laws of Utah 2013, Chapter 51
104 53B-28-402, as last amended by Laws of Utah 2023, Chapter 16
105 63A-16-1002, as last amended by Laws of Utah 2023, Chapters 158, 161, 382, and 448
106 63I-1-209, as last amended by Laws of Utah 2020, Chapters 154, 232 and last amended
107 by Coordination Clause, Laws of Utah 2020, Chapter 154
108 63I-1-235, as last amended by Laws of Utah 2023, Chapters 27, 52
109 63I-1-236, as last amended by Laws of Utah 2023, Chapters 112, 139, 228, and 475
110 63I-1-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 30,
111 52, 133, 161, 367, and 494
112 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25), as last amended by Laws of Utah 2023,
113 Chapters 30, 52, 133, 161, 310, 367, and 494
114 63I-1-253 (Contingently Effective 01/01/25), as last amended by Laws of Utah 2023,
115 Chapters 30, 52, 133, 161, 187, 310, 367, and 494
116 63I-1-263, as last amended by Laws of Utah 2023, Chapters 33, 47, 104, 109, 139, 155,
117 212, 218, 249, 270, 448, 489, and 534
118 63I-2-209, as last amended by Laws of Utah 2023, Chapter 33
119 63I-2-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
120 139, 249, 295, and 465 and repealed and reenacted by Laws of Utah 2023, Chapter
121 329
122 63I-2-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
123 139, 249, 295, 310, and 465 and repealed and reenacted by Laws of Utah 2023,
124 Chapter 329 and last amended by Coordination Clause, Laws of Utah 2023, Chapter
125 329
126 63I-2-235, as last amended by Laws of Utah 2022, Chapter 21
127 63I-2-236, as last amended by Laws of Utah 2023, Chapters 87, 101 and 273
128 63I-2-253 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 7, 21,
129 33, 142, 167, 168, 310, 380, 383, and 467
130 63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
131 63M-7-202, as last amended by Laws of Utah 2023, Chapter 150
132 63M-7-204, as last amended by Laws of Utah 2023, Chapters 158, 330, 382, and 500
133 63M-7-218, as last amended by Laws of Utah 2023, Chapters 158, 161 and 382
134 63M-7-502, as last amended by Laws of Utah 2022, Chapters 148, 185 and 430
135 63M-7-506, as last amended by Laws of Utah 2020, Chapter 149
136 63M-7-507, as last amended by Laws of Utah 2020, Chapter 149
137 63M-7-508, as last amended by Laws of Utah 2020, Chapter 149
138 63M-7-511, as last amended by Laws of Utah 2023, Chapter 158
139 63M-7-516, as last amended by Laws of Utah 2020, Chapter 149
140 63M-7-517, as last amended by Laws of Utah 2020, Chapter 149
141 63M-7-519, as last amended by Laws of Utah 2020, Chapter 149
142 63M-7-521.5, as last amended by Laws of Utah 2020, Chapter 149
143 63M-7-522, as last amended by Laws of Utah 2020, Chapter 149
144 63M-7-525, as last amended by Laws of Utah 2020, Chapter 149
145 63M-7-902, as enacted by Laws of Utah 2023, Chapter 150
146 63M-7-904, as enacted by Laws of Utah 2023, Chapter 150
147 63N-4-502, as last amended by Laws of Utah 2022, Chapter 129
148 63N-4-504, as enacted by Laws of Utah 2019, Chapter 467
149 73-3d-201, as enacted by Laws of Utah 2023, Chapter 126
150 80-2-402, as renumbered and amended by Laws of Utah 2022, Chapter 334
151 ENACTS:
152 63C-1-103, Utah Code Annotated 1953
153 63M-7-220, Utah Code Annotated 1953
154 REPEALS:
155 26B-1-403, as renumbered and amended by Laws of Utah 2023, Chapter 305
156 26B-1-407 (Superseded 07/01/24), as renumbered and amended by Laws of Utah
157 2023, Chapter 305
158 26B-1-408 (Superseded 07/01/24), as renumbered and amended by Laws of Utah
159 2023, Chapter 305
160 53-2d-903 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
161 Chapters 305, 310
162 53-2d-904 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
163 Chapters 305, 310
164 26B-1-419, as renumbered and amended by Laws of Utah 2023, Chapter 305
165 35A-13-504, as renumbered and amended by Laws of Utah 2016, Chapter 271
166 53-11-125, as enacted by Laws of Utah 2018, Chapter 462
167 63M-7-209 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapter
168 330
169 63M-7-209 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 310,
170 330
171 63N-4-505, as enacted by Laws of Utah 2019, Chapter 467
172 Utah Code Sections Affected By Coordination Clause:
173 9-6-301, as repealed and reenacted by Laws of Utah 2020, Chapter 419
174
175 Be it enacted by the Legislature of the state of Utah:
176 Section 1. Section 9-6-102 is amended to read:
177 9-6-102. Definitions.
178 As used in this chapter:
179 (1) "Arts" means the various branches of creative human activity, including visual arts,
180 film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts,
181 and cultural vitality.
182 (2) "Arts and museums board" means the Utah Arts and Museums Advisory Board
183 created in Section 9-6-301.
184 (3) "Development" includes:
185 (a) constructing, expanding, or repairing a museum or other facility that houses arts or
186 cultural presentations;
187 (b) providing for public information, preservation, and access to museums, the arts,
188 and the cultural heritage of the state; and
189 (c) supporting the professional development of artists, cultural administrators, and
190 cultural leaders within the state.
191 (4) "Director" means the director of the Division of Arts and Museums.
192 (5) "Division" means the Division of Arts and Museums.
193 (6) "Museum" means an organized and permanent institution that:
194 (a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit
195 organization;
196 (b) has an educational or aesthetic purpose;
197 (c) owns or curates a tangible collection; and
198 (d) exhibits the collection to the public on a regular schedule.
199 [
200
201 Section 2. Section 9-6-202 is amended to read:
202 9-6-202. Division director.
203 (1) The chief administrative officer of the division shall be a director appointed by the
204 executive director in consultation with the arts and museums board [
205 (2) The director shall be a person experienced in administration and knowledgeable
206 about the arts and museums.
207 (3) In addition to the division, the director is the chief administrative officer for[
208 the Utah Arts and Museums Advisory Board created in Section 9-6-301[
209 [
210 The following section is affected by a coordination clause at the end of this bill.
211 Section 3. Section 9-6-301 is amended to read:
212 9-6-301. Utah Arts and Museums Advisory Board.
213 (1) There is created within the division the Utah Arts and Museums Advisory Board.
214 (2) (a) Except as provided in [
215 museums board shall consist of [
216 terms with the consent of the Senate.
217 (b) The governor shall, at the time of appointment or reappointment, adjust the length
218 of terms to ensure that the terms of arts and museums board members are staggered so that
219 approximately half of the arts and museums board is appointed every two years.
220 [
221 (a) [
222 the following areas:
223 (i) visual arts, media arts, architecture, or design;
224 [
225 [
226 [
227 [
228 [
229 [
230 [
231 [
232 professionals who each have a minimum of five years of continuous paid work experience at a
233 museum;
234 (c) [
235 knowledgeable in or appreciative of the arts[
236 [
237 expertise in technology, marketing, business, or finance.
238 [
239
240 [
241 [
242
243 [
244 state at large with due consideration for geographical representation.
245 [
246 appoint a replacement member for the unexpired term within one month from the time of the
247 vacancy.
248 [
249 constitutes a quorum for the transaction of business.
250 [
251 from among the arts and museums board's members.
252 (b) The chair and the vice chair shall serve a term of two years.
253 [
254 [
255 benefits for the member's service, but may receive per diem and travel expenses in accordance
256 with:
257 (a) Sections 63A-3-106 and 63A-3-107; and
258 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
259 63A-3-107.
260 [
261 gifts, prizes, or awards of money from division funds during the member's term of office.
262 (11) The division shall provide staff to the arts and museums board.
263 Section 4. Section 9-6-302 is amended to read:
264 9-6-302. Arts and museums board powers and duties.
265 (1) The arts and museums board may:
266 (a) with the concurrence of the director, make rules governing the conduct of the arts
267 and museums board's business in accordance with Title 63G, Chapter 3, Utah Administrative
268 Rulemaking Act; and
269 (b) receive gifts, bequests, and property.
270 (2) The arts and museums board shall:
271 (a) act in an advisory capacity for the division;
272 (b) [
273 accordance with Subsection (3), advise the division [
274 art acquired and maintained under this part; and
275 (c) with the concurrence of the director, approve the allocation of arts and museums
276 grant money and State of Utah Alice Merrill Horne Art Collection acquisition funding.
277 (3) When advising the division as described in Subsection (2)(b), the arts and museums
278 board shall, with the concurrence of the director, appoint and consult with any combination of
279 artists, art historians, museum professionals, gallery owners, knowledgeable art collectors, art
280 appraisers, or judges of art.
281 Section 5. Section 9-6-304 is amended to read:
282 9-6-304. State of Utah Alice Merrill Horne Art Collection.
283 (1) There is created the State of Utah Alice Merrill Horne Art Collection.
284 (2) The State of Utah Alice Merrill Horne Art Collection:
285 (a) consists of all works of art acquired under this part; and
286 (b) shall be held as the property of the state and under the control of the division.
287 (3) Works of art in the State of Utah Alice Merrill Horne Art Collection may be loaned
288 for exhibition purposes in accordance with recommendations from the arts and museums board
289 and rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative
290 Rulemaking Act.
291 (4) The division shall:
292 (a) take reasonable precautions to avoid damage or destruction to works of art in the
293 State of Utah Alice Merrill Horne Art Collection;
294 (b) procure insurance coverage for the works of art in the State of Utah Alice Merrill
295 Horne Art Collection; and
296 (c) ensure that all works of art shipped to and from any exhibition under this section
297 are packed by an expert packer.
298 (5) (a) The division may only deaccession works of art in the State of Utah Alice
299 Merrill Horne Art Collection in accordance with rules made by the division in accordance with
300 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
301 (b) A work of art in the State of Utah Alice Merrill Horne Art Collection that is to be
302 deaccessioned in accordance with division rule is not state surplus property as that term is
303 defined in Section 63A-2-101.5, and the division is not subject to the surplus property program
304 described in Section 63A-2-401 for that work of art.
305 Section 6. Section 9-6-504 is amended to read:
306 9-6-504. Duties of the division.
307 The division, in accordance with the provisions of this part, shall:
308 (1) allocate money from the state fund to the endowment fund created by a qualifying
309 organization under Section 9-6-503;
310 (2) determine the eligibility of each qualifying organization to receive money from the
311 state fund;
312 (3) determine the matching amount each qualifying organization shall raise in order to
313 qualify to receive money from the state fund;
314 (4) establish a date by which each qualifying organization shall provide its matching
315 funds;
316 (5) verify that matching funds have been provided by each qualifying organization by
317 the date determined in Subsection (4); and
318 (6) (a) in accordance with the provisions of this part and Title 63G, Chapter 3, Utah
319 Administrative Rulemaking Act, the division may establish criteria by rule for determining the
320 eligibility of qualifying organizations to receive money from the state fund; and
321 (b) in making rules under this Subsection (6), the division may consider the
322 recommendations of the arts and museums board [
323 Section 7. Section 9-6-505 is amended to read:
324 9-6-505. Eligibility requirements of qualifying arts organizations -- Allocation
325 limitations -- Matching requirements.
326 (1) Any qualifying organization may apply to receive money from the state fund to be
327 deposited in an endowment fund the organization has created under Section 9-6-503:
328 (a) if the qualifying organization has received a grant from the division during one of
329 the three years immediately before making application for state fund money under this
330 Subsection (1); or
331 (b) upon recommendation of the arts and museums board [
332 the qualifying organization has not received a grant from the board within the past three years.
333 (2) (a) The maximum amount that may be allocated to each qualifying organization
334 from the state fund shall be determined by the division by calculating the average cash income
335 of the qualifying organization during the past three fiscal years as contained in the qualifying
336 organization's final reports on file with the division.
337 (b) The division shall notify each qualifying organization of the maximum amount of
338 money from the state fund for which the qualifying organization qualifies.
339 (c) The minimum amount that may be allocated to each qualifying organization from
340 the state fund is $2,500.
341 (d) If the maximum amount for which the organization qualifies under the calculation
342 described in Subsection (2)(a) is less than $2,500, the organization may still apply for $2,500.
343 (3) (a) After the division determines that a qualifying organization is eligible to receive
344 money from the state fund and before any money is allocated to the qualifying organization
345 from the state fund, the qualifying organization shall match the amount qualified for with
346 money raised and designated exclusively for that purpose.
347 (b) State money, in-kind contributions, and preexisting endowment gifts may not be
348 used to match money from the state fund.
349 (4) The amount of match money described in Subsection (3) that a qualifying
350 organization is required to provide shall be based on a sliding scale as follows:
351 (a) any amount requested not exceeding $100,000 shall be matched one-to-one;
352 (b) any additional amount requested that makes the aggregate amount requested exceed
353 $100,000 but not exceed $500,000 shall be matched two-to-one; and
354 (c) any additional amount requested that makes the aggregate amount requested exceed
355 $500,000 shall be matched three-to-one.
356 (5) (a) Qualifying organizations shall raise the matching amount within three years
357 after applying for money from the state fund by a date determined by the division.
358 (b) Money from the state fund shall be released to the qualifying organization only
359 upon verification by the board that the matching money has been received on or before the date
360 determined under Subsection (5)(a).
361 (c) Verification of matching funds shall be made by a certified public accountant.
362 (d) Money from the state fund shall be released to qualifying organizations with
363 professional endowment management in increments not less than $20,000 as audited
364 confirmation of matching funds is received by the division.
365 (e) Money from the state fund shall be granted to each qualifying organization on the
366 basis of the matching funds a qualifying organization has raised by the date determined under
367 Subsection (5)(a).
368 Section 8. Section 11-48-103 (Effective 07/01/24) is amended to read:
369 11-48-103 (Effective 07/01/24). Provision of 911 ambulance services in
370 municipalities and counties.
371 (1) The governing body of each municipality and county shall, subject to Title 53,
372 Chapter 2d, Part 5, Ambulance and Paramedic Providers, ensure at least a minimum level of
373 911 ambulance services are provided:
374 (a) within the territorial limits of the municipality or county;
375 (b) by a ground ambulance provider, licensed by the Bureau of Emergency Medical
376 Services under Title 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers; and
377 (c) in accordance with rules established by the [
378 Medical Services Committee under [
379 (2) A municipality or county may:
380 (a) subject to Subsection (3), maintain and support 911 ambulance services for the
381 municipality's or county's own jurisdiction; or
382 (b) contract to:
383 (i) provide 911 ambulance services to any county, municipal corporation, special
384 district, special service district, interlocal entity, private corporation, nonprofit corporation,
385 state agency, or federal agency;
386 (ii) receive 911 ambulance services from any county, municipal corporation, special
387 district, special service district, interlocal entity, private corporation, nonprofit corporation,
388 state agency, or federal agency;
389 (iii) jointly provide 911 ambulance services with any county, municipal corporation,
390 special district, special service district, interlocal entity, private corporation, nonprofit
391 corporation, state agency, or federal agency; or
392 (iv) contribute toward the support of 911 ambulance services in any county, municipal
393 corporation, special district, special service district, interlocal entity, private corporation,
394 nonprofit corporation, state agency, or federal agency in return for 911 ambulance services.
395 (3) (a) A municipality or county that maintains and supports 911 ambulance services
396 for the municipality's or county's own jurisdiction under Subsection (2)(a) shall obtain a license
397 as a ground ambulance provider from the Bureau of Emergency Medical Services under Title
398 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers.
399 (b) Sections 53-2d-505 through 53-2d-505.3 do not apply to a license described in
400 Subsection (3)(a).
401 Section 9. Section 26B-1-202 is amended to read:
402 26B-1-202. Department authority and duties.
403 The department may, subject to applicable restrictions in state law and in addition to all
404 other authority and responsibility granted to the department by law:
405 (1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
406 Rulemaking Act, and not inconsistent with law, as the department may consider necessary or
407 desirable for providing health and social services to the people of this state;
408 (2) establish and manage client trust accounts in the department's institutions and
409 community programs, at the request of the client or the client's legal guardian or representative,
410 or in accordance with federal law;
411 (3) purchase, as authorized or required by law, services that the department is
412 responsible to provide for legally eligible persons;
413 (4) conduct adjudicative proceedings for clients and providers in accordance with the
414 procedures of Title 63G, Chapter 4, Administrative Procedures Act;
415 (5) establish eligibility standards for the department's programs, not inconsistent with
416 state or federal law or regulations;
417 (6) take necessary steps, including legal action, to recover money or the monetary value
418 of services provided to a recipient who was not eligible;
419 (7) set and collect fees for the department's services;
420 (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
421 or limited by law;
422 (9) acquire, manage, and dispose of any real or personal property needed or owned by
423 the department, not inconsistent with state law;
424 (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
425 the proceeds thereof, may be credited to the program designated by the donor, and may be used
426 for the purposes requested by the donor, as long as the request conforms to state and federal
427 policy; all donated funds shall be considered private, nonlapsing funds and may be invested
428 under guidelines established by the state treasurer;
429 (11) accept and employ volunteer labor or services; the department is authorized to
430 reimburse volunteers for necessary expenses, when the department considers that
431 reimbursement to be appropriate;
432 (12) carry out the responsibility assigned in the workforce services plan by the State
433 Workforce Development Board;
434 (13) carry out the responsibility assigned by Section 62A-5a-105 with respect to
435 coordination of services for students with a disability;
436 (14) provide training and educational opportunities for the department's staff;
437 (15) collect child support payments and any other money due to the department;
438 (16) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
439 whose child lives out of the home in a department licensed or certified setting;
440 (17) establish policy and procedures, within appropriations authorized by the
441 Legislature, in cases where the Division of Child and Family Services or the Division of
442 Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah
443 Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not
444 competent to proceed under Section 80-6-403, including:
445 (a) designation of interagency teams for each juvenile court district in the state;
446 (b) delineation of assessment criteria and procedures;
447 (c) minimum requirements, and timeframes, for the development and implementation
448 of a collaborative service plan for each minor placed in department custody; and
449 (d) provisions for submittal of the plan and periodic progress reports to the court;
450 (18) carry out the responsibilities assigned to the department by statute;
451 (19) examine and audit the expenditures of any public funds provided to a local
452 substance abuse authority, a local mental health authority, a local area agency on aging, and any
453 person, agency, or organization that contracts with or receives funds from those authorities or
454 agencies. Those local authorities, area agencies, and any person or entity that contracts with or
455 receives funds from those authorities or area agencies, shall provide the department with any
456 information the department considers necessary. The department is further authorized to issue
457 directives resulting from any examination or audit to a local authority, an area agency, and
458 persons or entities that contract with or receive funds from those authorities with regard to any
459 public funds. If the department determines that it is necessary to withhold funds from a local
460 mental health authority or local substance abuse authority based on failure to comply with state
461 or federal law, policy, or contract provisions, the department may take steps necessary to
462 ensure continuity of services. For purposes of this Subsection (19) "public funds" means the
463 same as that term is defined in Section 62A-15-102;
464 (20) in accordance with Subsection 26B-2-104(1)(d), accredit one or more agencies
465 and persons to provide intercountry adoption services;
466 (21) within legislative appropriations, promote and develop a system of care and
467 stabilization services:
468 (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
469 (b) that encompasses the department, department contractors, and the divisions,
470 offices, or institutions within the department, to:
471 (i) navigate services, funding resources, and relationships to the benefit of the children
472 and families whom the department serves;
473 (ii) centralize department operations, including procurement and contracting;
474 (iii) develop policies that govern business operations and that facilitate a system of care
475 approach to service delivery;
476 (iv) allocate resources that may be used for the children and families served by the
477 department or the divisions, offices, or institutions within the department, subject to the
478 restrictions in Section 63J-1-206;
479 (v) create performance-based measures for the provision of services; and
480 (vi) centralize other business operations, including data matching and sharing among
481 the department's divisions, offices, and institutions;
482 (22) ensure that any training or certification required of a public official or public
483 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
484 22, State Training and Certification Requirements, if the training or certification is required:
485 (a) under this title;
486 (b) by the department; or
487 (c) by an agency or division within the department;
488 (23) enter into cooperative agreements with the Department of Environmental Quality
489 to delineate specific responsibilities to assure that assessment and management of risk to
490 human health from the environment are properly administered;
491 (24) consult with the Department of Environmental Quality and enter into cooperative
492 agreements, as needed, to ensure efficient use of resources and effective response to potential
493 health and safety threats from the environment, and to prevent gaps in protection from potential
494 risks from the environment to specific individuals or population groups;
495 (25) to the extent authorized under state law or required by federal law, promote and
496 protect the health and wellness of the people within the state;
497 (26) establish, maintain, and enforce rules authorized under state law or required by
498 federal law to promote and protect the public health or to prevent disease and illness;
499 (27) investigate the causes of epidemic, infectious, communicable, and other diseases
500 affecting the public health;
501 (28) provide for the detection and reporting of communicable, infectious, acute,
502 chronic, or any other disease or health hazard which the department considers to be dangerous,
503 important, or likely to affect the public health;
504 (29) collect and report information on causes of injury, sickness, death, and disability
505 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
506 the state;
507 (30) collect, prepare, publish, and disseminate information to inform the public
508 concerning the health and wellness of the population, specific hazards, and risks that may affect
509 the health and wellness of the population and specific activities which may promote and protect
510 the health and wellness of the population;
511 (31) abate nuisances when necessary to eliminate sources of filth and infectious and
512 communicable diseases affecting the public health;
513 (32) make necessary sanitary and health investigations and inspections in cooperation
514 with local health departments as to any matters affecting the public health;
515 (33) establish laboratory services necessary to support public health programs and
516 medical services in the state;
517 (34) establish and enforce standards for laboratory services which are provided by any
518 laboratory in the state when the purpose of the services is to protect the public health;
519 (35) cooperate with the Labor Commission to conduct studies of occupational health
520 hazards and occupational diseases arising in and out of employment in industry, and make
521 recommendations for elimination or reduction of the hazards;
522 (36) cooperate with the local health departments, the Department of Corrections, the
523 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the [
524
525 for HIV infection of alleged sexual offenders, convicted sexual offenders, and any victims of a
526 sexual offense;
527 (37) investigate the causes of maternal and infant mortality;
528 (38) establish, maintain, and enforce a procedure requiring the blood of adult
529 pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
530 presence and concentration of alcohol, and provide the Commissioner of Public Safety with
531 monthly statistics reflecting the results of these examinations, with necessary safeguards so that
532 information derived from the examinations is not used for a purpose other than the compilation
533 of these statistics;
534 (39) establish qualifications for individuals permitted to draw blood under Subsection
535 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi), and to
536 issue permits to individuals the department finds qualified, which permits may be terminated or
537 revoked by the department;
538 (40) establish a uniform public health program throughout the state which includes
539 continuous service, employment of qualified employees, and a basic program of disease
540 control, vital and health statistics, sanitation, public health nursing, and other preventive health
541 programs necessary or desirable for the protection of public health;
542 (41) conduct health planning for the state;
543 (42) monitor the costs of health care in the state and foster price competition in the
544 health care delivery system;
545 (43) establish methods or measures for health care providers, public health entities, and
546 health care insurers to coordinate among themselves to verify the identity of the individuals the
547 providers serve;
548 (44) designate Alzheimer's disease and related dementia as a public health issue and,
549 within budgetary limitations, implement a state plan for Alzheimer's disease and related
550 dementia by incorporating the plan into the department's strategic planning and budgetary
551 process;
552 (45) coordinate with other state agencies and other organizations to implement the state
553 plan for Alzheimer's disease and related dementia;
554 (46) ensure that any training or certification required of a public official or public
555 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
556 22, State Training and Certification Requirements, if the training or certification is required by
557 the agency or under this title[
558
559 (47) oversee public education vision screening as described in Section 53G-9-404; and
560 (48) issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue
561 Alert.
562 Section 10. Section 26B-1-204 (Superseded 07/01/24) is amended to read:
563 26B-1-204 (Superseded 07/01/24). Creation of boards, divisions, and offices --
564 Power to organize department.
565 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
566 Utah Administrative Rulemaking Act, and not inconsistent with law for:
567 (a) the administration and government of the department;
568 (b) the conduct of the department's employees; and
569 (c) the custody, use, and preservation of the records, papers, books, documents, and
570 property of the department.
571 (2) The following policymaking boards, councils, and committees are created within
572 the Department of Health and Human Services:
573 (a) Board of Aging and Adult Services;
574 (b) Utah State Developmental Center Board;
575 (c) Health Facility Committee;
576 (d) State Emergency Medical Services Committee;
577 (e) Air Ambulance Committee;
578 (f) Health Data Committee;
579 [
580 [
581 [
582 [
583 [
584 and
585 [
586 (3) The following divisions are created within the Department of Health and Human
587 Services:
588 (a) relating to operations:
589 (i) the Division of Finance and Administration;
590 (ii) the Division of Licensing and Background Checks;
591 (iii) the Division of Customer Experience;
592 (iv) the Division of Data, Systems, and Evaluation; and
593 (v) the Division of Continuous Quality Improvement;
594 (b) relating to healthcare administration:
595 (i) the Division of Integrated Healthcare, which shall include responsibility for:
596 (A) the state's medical assistance programs; and
597 (B) behavioral health programs described in Chapter 5, Health Care - Substance Use
598 and Mental Health;
599 (ii) the Division of Aging and Adult Services; and
600 (iii) the Division of Services for People with Disabilities; and
601 (c) relating to community health and well-being:
602 (i) the Division of Child and Family Services;
603 (ii) the Division of Family Health;
604 (iii) the Division of Population Health;
605 (iv) the Division of Juvenile Justice and Youth Services; and
606 (v) the Office of Recovery Services.
607 (4) The executive director may establish offices and bureaus to facilitate management
608 of the department as required by, and in accordance with this title.
609 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
610 organizational structure relating to the department, including the organization of the
611 department's divisions and offices, notwithstanding the organizational structure described in
612 this title.
613 Section 11. Section 26B-1-204 (Effective 07/01/24) is amended to read:
614 26B-1-204 (Effective 07/01/24). Creation of boards, divisions, and offices -- Power
615 to organize department.
616 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
617 Utah Administrative Rulemaking Act, and not inconsistent with law for:
618 (a) the administration and government of the department;
619 (b) the conduct of the department's employees; and
620 (c) the custody, use, and preservation of the records, papers, books, documents, and
621 property of the department.
622 (2) The following policymaking boards, councils, and committees are created within
623 the Department of Health and Human Services:
624 (a) Board of Aging and Adult Services;
625 (b) Utah State Developmental Center Board;
626 (c) Health Facility Committee;
627 (d) Health Data Committee;
628 [
629 [
630 [
631 [
632 [
633 and
634 [
635 (3) The following divisions are created within the Department of Health and Human
636 Services:
637 (a) relating to operations:
638 (i) the Division of Finance and Administration;
639 (ii) the Division of Licensing and Background Checks;
640 (iii) the Division of Customer Experience;
641 (iv) the Division of Data, Systems, and Evaluation; and
642 (v) the Division of Continuous Quality Improvement;
643 (b) relating to healthcare administration:
644 (i) the Division of Integrated Healthcare, which shall include responsibility for:
645 (A) the state's medical assistance programs; and
646 (B) behavioral health programs described in Chapter 5, Health Care - Substance Use
647 and Mental Health;
648 (ii) the Division of Aging and Adult Services; and
649 (iii) the Division of Services for People with Disabilities; and
650 (c) relating to community health and well-being:
651 (i) the Division of Child and Family Services;
652 (ii) the Division of Family Health;
653 (iii) the Division of Population Health;
654 (iv) the Division of Juvenile Justice and Youth Services; and
655 (v) the Office of Recovery Services.
656 (4) The executive director may establish offices and bureaus to facilitate management
657 of the department as required by, and in accordance with this title.
658 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
659 organizational structure relating to the department, including the organization of the
660 department's divisions and offices, notwithstanding the organizational structure described in
661 this title.
662 Section 12. Section 26B-4-702 is amended to read:
663 26B-4-702. Creation of Utah Health Care Workforce Financial Assistance
664 Program -- Duties of department.
665 (1) As used in this section:
666 (a) "Eligible professional" means a geriatric professional or a health care professional
667 who is eligible to participate in the program.
668 (b) "Geriatric professional" means a person who:
669 (i) is a licensed:
670 (A) health care professional;
671 (B) social worker;
672 (C) occupational therapist;
673 (D) pharmacist;
674 (E) physical therapist; or
675 (F) psychologist; and
676 (ii) is determined by the department to have adequate advanced training in geriatrics to
677 prepare the person to provide specialized geriatric care within the scope of the person's
678 profession.
679 (c) "Health care professional" means:
680 (i) a licensed:
681 (A) physician;
682 (B) physician assistant;
683 (C) nurse;
684 (D) dentist; or
685 (E) mental health therapist; or
686 (ii) another licensed health care professional designated by the department by rule.
687 (d) "Program" means the Utah Health Care Workforce Financial Assistance Program
688 created in this section.
689 (e) "Underserved area" means an area designated by the department as underserved by
690 health care professionals, based upon the results of a needs assessment developed by the
691 department [
692
693 (2) There is created within the department the Utah Health Care Workforce Financial
694 Assistance Program to provide, within funding appropriated by the Legislature for the
695 following purposes:
696 (a) professional education scholarships and loan repayment assistance to health care
697 professionals who locate or continue to practice in underserved areas; and
698 (b) loan repayment assistance to geriatric professionals who locate or continue to
699 practice in underserved areas.
700 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
701 department shall make rules governing the administration of the program, including rules that
702 address:
703 (a) application procedures;
704 (b) eligibility criteria;
705 (c) selection criteria;
706 (d) service conditions, which at a minimum shall include professional service in an
707 underserved area for a minimum period of time by any person receiving a scholarship or loan
708 repayment assistance;
709 (e) penalties for failure to comply with service conditions or other terms of a
710 scholarship or loan repayment contract;
711 (f) criteria for modifying or waiving service conditions or penalties in case of extreme
712 hardship or other good cause; and
713 (g) administration of contracts entered into before the effective date of this act,
714 between the department and scholarship or loan repayment recipients, as authorized by law.
715 (4) The department may provide education loan repayment assistance to an eligible
716 professional if the eligible professional:
717 (a) agrees to practice in an underserved area for the duration of the eligible
718 professional's participation in the program; and
719 (b) submits a written commitment from the health care facility employing the eligible
720 professional that the health care facility will provide education loan repayment assistance to the
721 eligible professional in an amount equal to 20% of the total award amount provided to the
722 eligible professional.
723 [
724
725
726 [
727 (a) shall be a line item within the appropriations act;
728 (b) shall be nonlapsing unless designated otherwise by the Legislature; and
729 (c) may be used to cover administrative costs of the program[
730
731
732 [
733 other payments to the program are dedicated credits to the program.
734 [
735 and outcomes of the program.
736 Section 13. Section 26B-8-231 is amended to read:
737 26B-8-231. Overdose fatality examiner.
738 (1) Within funds appropriated by the Legislature, the department shall provide
739 compensation, at a standard rate determined by the department, to an overdose fatality
740 examiner.
741 (2) The overdose fatality examiner shall:
742 (a) work with the medical examiner to compile data regarding overdose and opioid
743 related deaths, including:
744 (i) toxicology information;
745 (ii) demographics; and
746 (iii) the source of opioids or drugs;
747 (b) as relatives of the deceased are willing, gather information from relatives of the
748 deceased regarding the circumstances of the decedent's death;
749 (c) maintain a database of information described in Subsections (2)(a) and (b); and
750 (d) coordinate no less than monthly with the suicide prevention coordinator described
751 in Section 26B-5-611[
752 [
753
754 Section 14. Section 35A-4-502 is amended to read:
755 35A-4-502. Administration of Employment Security Act.
756 (1) (a) The department shall administer this chapter through the division.
757 (b) The department may make, amend, or rescind any rules and special orders
758 necessary for the administration of this chapter.
759 (c) The division may:
760 (i) employ persons;
761 (ii) make expenditures;
762 (iii) require reports;
763 (iv) make investigations;
764 (v) make audits of any or all funds provided for under this chapter when necessary; and
765 (vi) take any other action it considers necessary or suitable to that end.
766 (d) No later than the first day of October of each year, the department shall submit to
767 the governor a report covering the administration and operation of this chapter during the
768 preceding calendar year and shall make any recommendations for amendments to this chapter
769 as the department considers proper.
770 (e) (i) The report required under Subsection (1)(d) shall include a balance sheet of the
771 money in the fund in which there shall be provided, if possible, a reserve against liability in
772 future years to pay benefits in excess of the then current contributions, which reserve shall be
773 set up by the division in accordance with accepted actuarial principles on the basis of statistics
774 of employment, business activity, and other relevant factors for the longest possible period.
775 (ii) Whenever the department believes that a change in contribution or benefit rates
776 will become necessary to protect the solvency of the fund, it shall promptly inform the
777 governor and the Legislature and make appropriate recommendations.
778 (2) (a) The department may make, amend, or rescind rules in accordance with Title
779 63G, Chapter 3, Utah Administrative Rulemaking Act.
780 (b) The director of the division or the director's designee may adopt, amend, or rescind
781 special orders after appropriate notice and opportunity to be heard. Special orders become
782 effective 10 days after notification or mailing to the last-known address of the individuals or
783 concerns affected thereby.
784 (3) The director of the division or the director's designee shall cause to be printed for
785 distribution to the public:
786 (a) the text of this chapter;
787 (b) the department's rules pertaining to this chapter;
788 (c) the department's annual reports to the governor required by Subsection (1)(e); and
789 (d) any other material the director of the division or the director's designee considers
790 relevant and suitable and shall furnish them to any person upon application.
791 (4) (a) The division may delegate to any person so appointed the power and authority it
792 considers reasonable and proper for the effective administration of this chapter and may bond
793 any person handling money or signing checks under this authority.
794 (b) The department may, when permissible under federal and state law, make
795 arrangements to voluntarily elect coverage under the United States Civil Service Retirement
796 System or a comparable private retirement plan with respect to past as well as future services of
797 individuals employed under this chapter who:
798 (i) were hired prior to October 1, 1980; and
799 (ii) have been retained by the department without significant interruption in the
800 employees' services for the department.
801 (c) An employee of the department who no longer may participate in a federal or other
802 retirement system as a result of a change in status or appropriation under this chapter may
803 purchase credit with the employee's assets from the federal or other retirement system in which
804 the employee may no longer participate in a retirement system created under:
805 (i) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act for a
806 purchase made under this Subsection (4)(c) by an employee eligible for service credit under
807 Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; or
808 (ii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act,
809 for a purchase made under this Subsection (4)(c) by an employee eligible for service credit
810 under Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
811 (5) There is created an Employment Advisory Council composed of the members listed
812 in Subsections (5)(a) and (b).
813 (a) The executive director shall appoint:
814 (i) not less than [
815 recommended by employers, employer associations, or employer groups;
816 (ii) not less than [
817 recommended by employees, employee associations, or employee groups; and
818 (iii) [
819 (b) The executive director or the executive director's designee shall serve as a
820 nonvoting member of the council.
821 (c) The employee representatives shall include both union and nonunion employees
822 who fairly represent the percentage in the labor force of the state.
823 (d) Employers and employees shall consider nominating members of groups who
824 historically may have been excluded from the council, such as women, minorities, and
825 individuals with disabilities.
826 (e) (i) Except as required by Subsection (5)(e)(ii), as terms of current council members
827 expire, the executive director shall appoint each new member or reappointed member to a
828 four-year term.
829 (ii) Notwithstanding the requirements of Subsection (5)(e)(i), the executive director
830 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
831 terms of council members are staggered so that approximately half of the council is appointed
832 every two years.
833 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
834 appointed for the unexpired term.
835 (g) The executive director shall terminate the term of any council member who ceases
836 to be representative as designated by the council member's original appointment.
837 (h) The council shall advise the department and the Legislature in formulating policies
838 and discussing problems related to the administration of this chapter including:
839 (i) reducing and preventing unemployment;
840 (ii) encouraging the adoption of practical methods of vocational training, retraining,
841 and vocational guidance;
842 (iii) monitoring the implementation of the Wagner-Peyser Act;
843 (iv) promoting the creation and development of job opportunities and the
844 reemployment of unemployed workers throughout the state in every possible way; and
845 (v) appraising the industrial potential of the state.
846 (i) The council shall assure impartiality and freedom from political influence in the
847 solution of the problems listed in Subsection (5)(h).
848 (j) The executive director or the executive director's designee shall serve as chair of the
849 council and call the necessary meetings.
850 (k) A member may not receive compensation or benefits for the member's service, but
851 may receive per diem and travel expenses in accordance with:
852 (i) Section 63A-3-106;
853 (ii) Section 63A-3-107; and
854 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
855 63A-3-107.
856 (l) The department shall provide staff support to the council.
857 (6) In the discharge of the duties imposed by this chapter, the division director or the
858 director's designee as designated by department rule, may in connection with a disputed matter
859 or the administration of this chapter:
860 (a) administer oaths and affirmations;
861 (b) take depositions;
862 (c) certify to official acts; and
863 (d) issue subpoenas to compel the attendance of witnesses and the production of books,
864 papers, correspondence, memoranda, and other records necessary as evidence.
865 (7) (a) In case of contumacy by or refusal to obey a subpoena issued to any person, any
866 court of this state within the jurisdiction of which the inquiry is carried on or within the
867 jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or
868 transacts business, upon application by the director of the division or the director's designee
869 shall have jurisdiction to issue to that person an order requiring the person to appear before the
870 director or the director's designee to produce evidence, if so ordered, or give testimony
871 regarding the matter under investigation or in question. Any failure to obey that order of the
872 court may be punished by the court as contempt.
873 (b) Any person who, without just cause, fails or refuses to attend and testify or to
874 answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other
875 records, if it is in that person's power to do so, in obedience to a subpoena of the director or the
876 director's designee shall be punished as provided in Subsection 35A-1-301(1)(b). Each day the
877 violation continues is a separate offense.
878 (c) In the event a witness asserts a privilege against self-incrimination, testimony and
879 evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
880 Immunity.
881 (8) (a) In the administration of this chapter, the division shall cooperate with the United
882 States Department of Labor to the fullest extent consistent with the provisions of this chapter
883 and shall take action, through the adoption of appropriate rules by the department and
884 administrative methods and standards, as necessary to secure to this state and its citizens all
885 advantages available under the provisions of:
886 (i) the Social Security Act that relate to unemployment compensation;
887 (ii) the Federal Unemployment Tax Act; and
888 (iii) the Federal-State Extended Unemployment Compensation Act of 1970.
889 (b) In the administration of Section 35A-4-402, which is enacted to conform with the
890 requirements of the Federal-State Extended Unemployment Compensation Act of 1970, 26
891 U.S.C. Sec. 3304, the division shall take any action necessary to ensure that the section is
892 interpreted and applied to meet the requirements of the federal act, as interpreted by the United
893 States Department of Labor and to secure to this state the full reimbursement of the federal
894 share of extended and regular benefits paid under this chapter that are reimbursable under the
895 federal act.
896 Section 15. Section 36-12-23 is amended to read:
897 36-12-23. Legislative committees -- Staffing.
898 As used in this section:
899 (1) "Chair" means a presiding officer or a co-presiding officer of a legislative
900 committee.
901 (2) "Committee" means a standing committee, interim committee, subcommittee,
902 special committee, authority, commission, council, task force, panel, or board in which
903 legislative participation is required by law or legislative rule.
904 (3) "Legislative committee" means a committee:
905 (a) formed by the Legislature to study or oversee subjects of legislative concern; and
906 (b) that is required by law or legislative rule to have a chair who is a legislator.
907 (4) "Legislator" means a member of either house of the Legislature.
908 (5) "Professional legislative office" means the Office of Legislative Research and
909 General Counsel, the Office of the Legislative Fiscal Analyst, or the Office of the Legislative
910 Auditor General.
911 (6) (a) Except as provided in Subsection (7), a professional legislative office shall
912 provide staff support to a legislative committee.
913 (b) If a law or legislative rule does not designate which particular professional
914 legislative office shall provide staff support to a legislative committee, that office shall be the
915 Office of Legislative Research and General Counsel.
916 (7) This section does not apply to:
917 (a) the Point of the Mountain State Land Authority created in Section 11-59-201;
918 (b) the Utah Broadband Center Advisory Commission created in Section 36-29-109;
919 (c) the Blockchain and Digital Innovation Task Force created in Section 36-29-110;
920 (d) the [
921 Section 36-29-111;
922 (e) the Constitutional Defense Council created in Section 63C-4a-202;
923 (f) the Women in the Economy Subcommittee created in Section 63N-1b-402;
924 (g) the House Ethics Committee established under Legislative Joint Rule JR6-2-101; or
925 (h) the Senate Ethics Committee established under Legislative Joint Rule JR6-2-101.
926 Section 16. Section 36-29-111 is amended to read:
927 36-29-111. Public Safety Data Management Task Force.
928 (1) As used in this section[
929 (a) "Cohabitant abuse protective order" means an order issued with or without notice to
930 the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective
931 Orders.
932 (b) "Lethality assessment" means an evidence-based assessment that is intended to
933 identify a victim of domestic violence who is at a high risk of being killed by the perpetrator.
934 (c) "Task force" means the [
935 Force created in this section.
936 (d) "Victim" means an individual who is a victim of domestic violence, as defined in
937 Section 77-36-1.
938 (2) There is created the [
939 consisting of the following members:
940 (a) three members of the Senate appointed by the president of the Senate, no more than
941 two of whom may be from the same political party;
942 (b) three members of the House of Representatives appointed by the speaker of the
943 House of Representatives, no more than two of whom may be from the same political party;
944 and
945 (c) representatives from the following organizations as requested by the executive
946 director of the State Commission on Criminal and Juvenile Justice:
947 (i) the State Commission on Criminal and Juvenile Justice;
948 [
949 [
950 [
951 [
952 [
953 [
954 [
955 [
956 [
957 [
958 (x) the Department of Health and Human Services;
959 (xi) the Utah Division of Indian Affairs; and
960 [
961 [
962 director of the Commission on Criminal and Juvenile Justice.
963 (3) (a) The president of the Senate shall designate a member of the Senate appointed
964 under Subsection (2)(a) as a cochair of the task force.
965 (b) The speaker of the House of Representatives shall designate a member of the House
966 of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
967 (4) (a) A majority of the members of the task force present at a meeting constitutes a
968 quorum.
969 (b) The action of a majority of a quorum constitutes an action of the task force.
970 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
971 be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
972 Legislator Compensation.
973 (b) A member of the task force who is not a legislator:
974 (i) may not receive compensation for the member's work associated with the task force;
975 and
976 (ii) may receive per diem and reimbursement for travel expenses incurred as a member
977 of the task force at the rates established by the Division of Finance under Sections 63A-3-106
978 and 63A-3-107.
979 (6) The State Commission on Criminal and Juvenile Justice shall provide staff support
980 to the task force.
981 (7) The task force shall review the state's current criminal justice data collection
982 requirements and make recommendations regarding:
983 (a) possible ways to connect the various records systems used throughout the state so
984 that data can be shared between criminal justice agencies and with policymakers;
985 (b) ways to automate the collection, storage, and dissemination of the data;
986 (c) standardizing the format of data collection and retention; [
987 (d) the collection of domestic violence data in the state; and
988 [
989 [
990
991 [
992 [
993 [
994 (8) On or before November 30 of each year, the task force shall provide a report to the
995 Law Enforcement and Criminal Justice Interim Committee and the Legislative Management
996 Committee that includes:
997 (a) recommendations in accordance with Subsection (7)(a);
998 (b) information on:
999 (i) lethality assessments conducted in the state, including:
1000 (A) the type of lethality assessments used by law enforcement agencies and other
1001 organizations that provide domestic violence services; and
1002 (B) training and protocols implemented by law enforcement agencies and the
1003 organizations described in Subsection (8)(b)(i)(A) regarding the use of lethality assessments;
1004 (ii) the data collection efforts implemented by law enforcement agencies and the
1005 organizations described in Subsection (8)(b)(i)(A);
1006 (iii) the number of cohabitant abuse protective orders that, in the immediately
1007 preceding calendar year, were:
1008 (A) issued;
1009 (B) amended or dismissed before the date of expiration; or
1010 (C) dismissed under Section 78B-7-605; and
1011 (iv) the prevalence of domestic violence in the state and the prevalence of the
1012 following in domestic violence cases:
1013 (A) stalking;
1014 (B) strangulation;
1015 (C) violence in the presence of a child; and
1016 (D) threats of suicide or homicide;
1017 (c) a review of and feedback on:
1018 (i) lethality assessment training and protocols implemented by law enforcement
1019 agencies and the organizations described in Subsection (8)(b)(i)(A); and
1020 (ii) the collection of domestic violence data in the state, including:
1021 (A) the coordination between state, local, and not-for-profit agencies to collect data
1022 from lethality assessments and on the prevalence of domestic violence, including the number of
1023 voluntary commitments of firearms under Section 53-5c-201;
1024 (B) efforts to standardize the format for collecting domestic violence and lethality
1025 assessment data from state, local, and not-for-profit agencies within federal confidentiality
1026 requirements; and
1027 (C) the need for any additional data collection requirements or efforts; and
1028 (d) any proposed legislation.
1029 Section 17. Section 52-4-205 is amended to read:
1030 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
1031 meetings.
1032 (1) A closed meeting described under Section 52-4-204 may only be held for:
1033 (a) except as provided in Subsection (3), discussion of the character, professional
1034 competence, or physical or mental health of an individual;
1035 (b) strategy sessions to discuss collective bargaining;
1036 (c) strategy sessions to discuss pending or reasonably imminent litigation;
1037 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
1038 including any form of a water right or water shares, or to discuss a proposed development
1039 agreement, project proposal, or financing proposal related to the development of land owned by
1040 the state, if public discussion would:
1041 (i) disclose the appraisal or estimated value of the property under consideration; or
1042 (ii) prevent the public body from completing the transaction on the best possible terms;
1043 (e) strategy sessions to discuss the sale of real property, including any form of a water
1044 right or water shares, if:
1045 (i) public discussion of the transaction would:
1046 (A) disclose the appraisal or estimated value of the property under consideration; or
1047 (B) prevent the public body from completing the transaction on the best possible terms;
1048 (ii) the public body previously gave public notice that the property would be offered for
1049 sale; and
1050 (iii) the terms of the sale are publicly disclosed before the public body approves the
1051 sale;
1052 (f) discussion regarding deployment of security personnel, devices, or systems;
1053 (g) investigative proceedings regarding allegations of criminal misconduct;
1054 (h) as relates to the Independent Legislative Ethics Commission, conducting business
1055 relating to the receipt or review of ethics complaints;
1056 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
1057 Subsection 52-4-204(1)(a)(iii)(C);
1058 (j) as relates to the Independent Executive Branch Ethics Commission created in
1059 Section 63A-14-202, conducting business relating to an ethics complaint;
1060 (k) as relates to a county legislative body, discussing commercial information as
1061 defined in Section 59-1-404;
1062 (l) as relates to the Utah Higher Education Savings Board of Trustees and its appointed
1063 board of directors, discussing fiduciary or commercial information;
1064 (m) deliberations, not including any information gathering activities, of a public body
1065 acting in the capacity of:
1066 (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
1067 during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
1068 (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
1069 decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
1070 (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
1071 Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
1072 Procurement Appeals Board;
1073 (n) the purpose of considering information that is designated as a trade secret, as
1074 defined in Section 13-24-2, if the public body's consideration of the information is necessary to
1075 properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
1076 (o) the purpose of discussing information provided to the public body during the
1077 procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
1078 the meeting:
1079 (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
1080 disclosed to a member of the public or to a participant in the procurement process; and
1081 (ii) the public body needs to review or discuss the information to properly fulfill its
1082 role and responsibilities in the procurement process;
1083 (p) as relates to the governing board of a governmental nonprofit corporation, as that
1084 term is defined in Section 11-13a-102, the purpose of discussing information that is designated
1085 as a trade secret, as that term is defined in Section 13-24-2, if:
1086 (i) public knowledge of the discussion would reasonably be expected to result in injury
1087 to the owner of the trade secret; and
1088 (ii) discussion of the information is necessary for the governing board to properly
1089 discharge the board's duties and conduct the board's business;
1090 (q) as it relates to the Cannabis Production Establishment Licensing Advisory Board,
1091 to review confidential information regarding violations and security requirements in relation to
1092 the operation of cannabis production establishments;
1093 (r) considering a loan application, if public discussion of the loan application would
1094 disclose:
1095 (i) nonpublic personal financial information; or
1096 (ii) a nonpublic trade secret, as defined in Section 13-24-2, or nonpublic business
1097 financial information the disclosure of which would reasonably be expected to result in unfair
1098 competitive injury to the person submitting the information;
1099 (s) a discussion of the board of the Point of the Mountain State Land Authority, created
1100 in Section 11-59-201, regarding a potential tenant of point of the mountain state land, as
1101 defined in Section 11-59-102; or
1102 (t) a purpose for which a meeting is required to be closed under Subsection (2).
1103 (2) The following meetings shall be closed:
1104 (a) a meeting of the Health and Human Services Interim Committee to review a report
1105 described in Subsection 26B-1-506(1)(a), and the responses to the report described in
1106 Subsections 26B-1-506(2) and (4);
1107 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
1108 (i) review a report described in Subsection 26B-1-506(1)(a), and the responses to the
1109 report described in Subsections 26B-1-506(2) and (4); or
1110 (ii) review and discuss an individual case, as described in Subsection 36-33-103(2);
1111 [
1112
1113
1114 [
1115 purpose of advising the Natural Resource Conservation Service of the United States
1116 Department of Agriculture on a farm improvement project if the discussed information is
1117 protected information under federal law;
1118 [
1119 for the purpose of reviewing petitions for a medical cannabis card in accordance with Section
1120 26B-1-421;
1121 [
1122 (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in
1123 the Colorado River system; and
1124 (ii) failing to close the meeting would:
1125 (A) reveal the contents of a record classified as protected under Subsection
1126 63G-2-305(82);
1127 (B) reveal a legal strategy relating to the state's claim to the use of the water in the
1128 Colorado River system;
1129 (C) harm the ability of the Colorado River Authority of Utah or river commissioner to
1130 negotiate the best terms and conditions regarding the use of water in the Colorado River
1131 system; or
1132 (D) give an advantage to another state or to the federal government in negotiations
1133 regarding the use of water in the Colorado River system;
1134 [
1135 if:
1136 (i) the purpose of the meeting is to discuss an application for participation in the
1137 regulatory sandbox as defined in Section 63N-16-102; and
1138 (ii) failing to close the meeting would reveal the contents of a record classified as
1139 protected under Subsection 63G-2-305(83);
1140 [
1141 (i) the purpose of the meeting is to conduct a strategy session to discuss market
1142 conditions relevant to a business decision regarding the value of a project entity asset if the
1143 terms of the business decision are publicly disclosed before the decision is finalized and a
1144 public discussion would:
1145 (A) disclose the appraisal or estimated value of the project entity asset under
1146 consideration; or
1147 (B) prevent the project entity from completing on the best possible terms a
1148 contemplated transaction concerning the project entity asset;
1149 (ii) the purpose of the meeting is to discuss a record, the disclosure of which could
1150 cause commercial injury to, or confer a competitive advantage upon a potential or actual
1151 competitor of, the project entity;
1152 (iii) the purpose of the meeting is to discuss a business decision, the disclosure of
1153 which could cause commercial injury to, or confer a competitive advantage upon a potential or
1154 actual competitor of, the project entity; or
1155 (iv) failing to close the meeting would prevent the project entity from getting the best
1156 price on the market; and
1157 [
1158 53G-6-1003, if the commission is in effect in accordance with Section 53G-6-1002, to
1159 consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student's
1160 eligibility to participate in an interscholastic activity, as that term is defined in Section
1161 53G-6-1001, including the commission's determinative vote on the student's eligibility.
1162 (3) In a closed meeting, a public body may not:
1163 (a) interview a person applying to fill an elected position;
1164 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
1165 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
1166 or
1167 (c) discuss the character, professional competence, or physical or mental health of the
1168 person whose name was submitted for consideration to fill a midterm vacancy or temporary
1169 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
1170 Temporary Absence in Elected Office.
1171 Section 18. Section 53-1-104 (Effective 07/01/24) is amended to read:
1172 53-1-104 (Effective 07/01/24). Boards, bureaus, councils, divisions, and offices.
1173 (1) The following are the policymaking boards and committees within the department:
1174 (a) the [
1175 Section 53-2d-104;
1176 (b) the Air Ambulance Committee created in Section 53-2d-107;
1177 (c) the Driver License Medical Advisory Board, created in Section 53-3-303;
1178 (d) the Concealed Firearm Review Board, created in Section 53-5-703;
1179 (e) the Utah Fire Prevention Board, created in Section 53-7-203;
1180 (f) the Liquified Petroleum Gas Board, created in Section 53-7-304; and
1181 (g) [
1182
1183 53-11-104.
1184 (2) The Peace Officer Standards and Training Council, created in Section 53-6-106, is
1185 within the department.
1186 (3) The following are the divisions within the department:
1187 (a) the Administrative Services Division, created in Section 53-1-203;
1188 (b) the Management Information Services Division, created in Section 53-1-303;
1189 (c) the Division of Emergency Management, created in Section 53-2a-103;
1190 (d) the Driver License Division, created in Section 53-3-103;
1191 (e) the Criminal Investigations and Technical Services Division, created in Section
1192 53-10-103;
1193 (f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
1194 (g) the State Fire Marshal Division, created in Section 53-7-103; and
1195 (h) the Utah Highway Patrol Division, created in Section 53-8-103.
1196 (4) The Office of Executive Protection is created in Section 53-1-112.
1197 (5) The following are the bureaus within the department:
1198 (a) the Bureau of Emergency Medical Services, created in Section 53-2d-102;
1199 (b) the Bureau of Criminal Identification, created in Section 53-10-201;
1200 (c) the State Bureau of Investigation, created in Section 53-10-301;
1201 (d) the Bureau of Forensic Services, created in Section 53-10-401; and
1202 (e) the Bureau of Communications, created in Section 53-10-501.
1203 Section 19. Section 53-1-106 is amended to read:
1204 53-1-106. Department duties -- Powers.
1205 (1) In addition to the responsibilities contained in this title, the department shall:
1206 (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
1207 Code, including:
1208 (i) setting performance standards for towing companies to be used by the department,
1209 as required by Section 41-6a-1406; and
1210 (ii) advising the Department of Transportation regarding the safe design and operation
1211 of school buses, as required by Section 41-6a-1304;
1212 (b) make rules to establish and clarify standards pertaining to the curriculum and
1213 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
1214 (c) aid in enforcement efforts to combat drug trafficking;
1215 (d) meet with the Division of Technology Services to formulate contracts, establish
1216 priorities, and develop funding mechanisms for dispatch and telecommunications operations;
1217 (e) provide assistance to the [
1218 Criminal and Juvenile Justice and the Utah Office for Victims of Crime in conducting research
1219 or monitoring victims' programs, as required by Section [
1220 (f) develop sexual assault exam protocol standards in conjunction with the Utah
1221 Hospital Association;
1222 (g) engage in emergency planning activities, including preparation of policy and
1223 procedure and rulemaking necessary for implementation of the federal Emergency Planning
1224 and Community Right to Know Act of 1986, as required by Section 53-2a-702;
1225 (h) implement the provisions of Section 53-2a-402, the Emergency Management
1226 Assistance Compact;
1227 (i) ensure that any training or certification required of a public official or public
1228 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1229 22, State Training and Certification Requirements, if the training or certification is required:
1230 (i) under this title;
1231 (ii) by the department; or
1232 (iii) by an agency or division within the department;
1233 (j) employ a law enforcement officer as a public safety liaison to be housed at the State
1234 Board of Education who shall work with the State Board of Education to:
1235 (i) support training with relevant state agencies for school resource officers as
1236 described in Section 53G-8-702;
1237 (ii) coordinate the creation of model policies and memorandums of understanding for a
1238 local education agency and a local law enforcement agency; and
1239 (iii) ensure cooperation between relevant state agencies, a local education agency, and
1240 a local law enforcement agency to foster compliance with disciplinary related statutory
1241 provisions, including Sections 53E-3-516 and 53G-8-211;
1242 (k) provide for the security and protection of public officials, public officials' staff, and
1243 the capitol hill complex in accordance with the provisions of this part; and
1244 (l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
1245 assessments.
1246 (2) (a) The department shall establish a schedule of fees as required or allowed in this
1247 title for services provided by the department.
1248 (b) All fees not established in statute shall be established in accordance with Section
1249 63J-1-504.
1250 (3) The department may establish or contract for the establishment of an Organ
1251 Procurement Donor Registry in accordance with Section 26B-8-319.
1252 Section 20. Section 53-2a-105 is amended to read:
1253 53-2a-105. Emergency Management Administration Council created -- Function
1254 -- Composition -- Expenses.
1255 (1) There is created the Emergency Management Administration Council to:
1256 (a) provide advice and coordination for state and local government agencies on
1257 government emergency prevention, mitigation, preparedness, response, and recovery actions
1258 and activities[
1259 (b) review the progress and status of the statewide mutual aid system as defined in
1260 Section 53-2a-302;
1261 (c) assist in developing methods to track and evaluate activation of the statewide
1262 mutual aid system; and
1263 (d) examine issues facing participating political subdivisions, as defined in Section
1264 53-2a-302, regarding implementation of the statewide mutual aid system.
1265 (2) The council shall develop comprehensive guidelines and procedures that address
1266 the operation of the statewide mutual aid system, including:
1267 (a) projected or anticipated costs of responding to emergencies;
1268 (b) checklists for requesting and providing assistance;
1269 (c) record keeping for participating political subdivisions;
1270 (d) reimbursement procedures and other necessary implementation elements and
1271 necessary forms for requests; and
1272 (e) other records documenting deployment and return of assets.
1273 (3) The council may prepare an annual report on the condition and effectiveness of the
1274 statewide mutual aid system, make recommendations for correcting any deficiencies, and
1275 submit the report to the Political Subdivisions Interim Committee.
1276 [
1277 [
1278 (a) lieutenant governor, or the lieutenant governor's designee;
1279 (b) attorney general, or the attorney general's designee;
1280 (c) heads of the following state agencies, or their designees:
1281 (i) Department of Public Safety;
1282 (ii) Division of Emergency Management;
1283 (iii) Department of Transportation;
1284 (iv) Department of Health;
1285 (v) Department of Environmental Quality;
1286 (vi) Department of Workforce Services;
1287 (vii) Department of Natural Resources;
1288 (viii) Department of Agriculture and Food;
1289 (ix) Division of Technology Services; and
1290 (x) Division of Indian Affairs;
1291 (d) adjutant general of the National Guard or the adjutant general's designee;
1292 (e) statewide interoperability coordinator of the Utah Communications Authority or the
1293 coordinator's designee;
1294 (f) two representatives with expertise in emergency management appointed by the Utah
1295 League of Cities and Towns;
1296 (g) two representatives with expertise in emergency management appointed by the
1297 Utah Association of Counties;
1298 (h) up to four additional members with expertise in emergency management, critical
1299 infrastructure, or key resources as these terms are defined under [
1300 U.S.C. Sec. 101 appointed from the private sector, by the co-chairs of the council;
1301 (i) two representatives appointed by the Utah Emergency Management Association;
1302 (j) one representative from the Urban Area Working Group, appointed by the council
1303 co-chairs;
1304 (k) one representative from education, appointed by the council co-chairs; and
1305 (l) one representative from a volunteer or faith-based organization, appointed by the
1306 council co-chairs.
1307 [
1308 council.
1309 [
1310 but may receive per diem and travel expenses in accordance with:
1311 (a) Section 63A-3-106;
1312 (b) Section 63A-3-107; and
1313 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1314 63A-3-107.
1315 [
1316 entities including:
1317 (a) the Emergency Management Regional Committees established by the Department
1318 of Public Safety; and
1319 [
1320 [
1321 Section 53-2a-703.
1322 [
1323 and task forces as determined necessary by the council to carry out the duties of the council.
1324 Section 21. Section 53-2d-101 (Effective 07/01/24) is amended to read:
1325 53-2d-101 (Effective 07/01/24). Definitions.
1326 As used in this chapter:
1327 (1) (a) "911 ambulance or paramedic services" means:
1328 (i) either:
1329 (A) 911 ambulance service;
1330 (B) 911 paramedic service; or
1331 (C) both 911 ambulance and paramedic service; and
1332 (ii) a response to a 911 call received by a designated dispatch center that receives 911
1333 or E911 calls.
1334 (b) "911 ambulance or paramedic services" does not mean a seven or 10 digit
1335 telephone call received directly by an ambulance provider licensed under this chapter.
1336 (2) "Account" means the Automatic External Defibrillator Restricted Account, created
1337 in Section 53-2d-809.
1338 (3) "Ambulance" means a ground, air, or water vehicle that:
1339 (a) transports patients and is used to provide emergency medical services; and
1340 (b) is required to obtain a permit under Section 53-2d-404 to operate in the state.
1341 (4) "Ambulance provider" means an emergency medical service provider that:
1342 (a) transports and provides emergency medical care to patients; and
1343 (b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
1344 (5) "Automatic external defibrillator" or "AED" means an automated or automatic
1345 computerized medical device that:
1346 (a) has received pre-market notification approval from the United States Food and
1347 Drug Administration, pursuant to 21 U.S.C. Sec. 360(k);
1348 (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
1349 ventricular tachycardia;
1350 (c) is capable of determining, without intervention by an operator, whether
1351 defibrillation should be performed; and
1352 (d) upon determining that defibrillation should be performed, automatically charges,
1353 enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and
1354 to an individual's heart.
1355 (6) (a) "Behavioral emergency services" means delivering a behavioral health
1356 intervention to a patient in an emergency context within a scope and in accordance with
1357 guidelines established by the department.
1358 (b) "Behavioral emergency services" does not include engaging in the:
1359 (i) practice of mental health therapy as defined in Section 58-60-102;
1360 (ii) practice of psychology as defined in Section 58-61-102;
1361 (iii) practice of clinical social work as defined in Section 58-60-202;
1362 (iv) practice of certified social work as defined in Section 58-60-202;
1363 (v) practice of marriage and family therapy as defined in Section 58-60-302;
1364 (vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
1365 (vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
1366 (7) "Bureau" means the Bureau of Emergency Medical Services created in Section
1367 53-2d-102.
1368 (8) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
1369 chest compression applied to a person who is unresponsive and not breathing.
1370 (9) "Committee" means the [
1371 Committee created by Section 53-2d-104.
1372 (10) "Community paramedicine" means medical care:
1373 (a) provided by emergency medical service personnel; and
1374 (b) provided to a patient who is not:
1375 (i) in need of ambulance transportation; or
1376 (ii) located in a health care facility as defined in Section 26B-2-201.
1377 (11) "Division" means the Division of Emergency Management created in Section
1378 53-2a-103.
1379 (12) "Direct medical observation" means in-person observation of a patient by a
1380 physician, registered nurse, physician's assistant, or individual licensed under Section
1381 26B-4-116.
1382 (13) "Emergency medical condition" means:
1383 (a) a medical condition that manifests itself by symptoms of sufficient severity,
1384 including severe pain, that a prudent layperson, who possesses an average knowledge of health
1385 and medicine, could reasonably expect the absence of immediate medical attention to result in:
1386 (i) placing the individual's health in serious jeopardy;
1387 (ii) serious impairment to bodily functions; or
1388 (iii) serious dysfunction of any bodily organ or part; or
1389 (b) a medical condition that in the opinion of a physician or the physician's designee
1390 requires direct medical observation during transport or may require the intervention of an
1391 individual licensed under Section 53-2d-402 during transport.
1392 (14) "Emergency medical dispatch center" means a public safety answering point, as
1393 defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by
1394 the bureau.
1395 (15) (a) "Emergency medical service personnel" means an individual who provides
1396 emergency medical services or behavioral emergency services to a patient and is required to be
1397 licensed or certified under Section 53-2d-402.
1398 (b) "Emergency medical service personnel" includes a paramedic, medical director of a
1399 licensed emergency medical service provider, emergency medical service instructor, behavioral
1400 emergency services technician, other categories established by the committee, and a certified
1401 emergency medical dispatcher.
1402 (16) "Emergency medical service providers" means:
1403 (a) licensed ambulance providers and paramedic providers;
1404 (b) a facility or provider that is required to be designated under Subsection
1405 53-2d-403(1)(a); and
1406 (c) emergency medical service personnel.
1407 (17) "Emergency medical services" means:
1408 (a) medical services;
1409 (b) transportation services;
1410 (c) behavioral emergency services; or
1411 (d) any combination of the services described in Subsections (17)(a) through (c).
1412 (18) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
1413 (a) maintained and used for the transportation of emergency medical personnel,
1414 equipment, and supplies to the scene of a medical emergency; and
1415 (b) required to be permitted under Section 53-2d-404.
1416 (19) "Governing body":
1417 (a) means the same as that term is defined in Section 11-42-102; and
1418 (b) for purposes of a "special service district" under Section 11-42-102, means a
1419 special service district that has been delegated the authority to select a provider under this
1420 chapter by the special service district's legislative body or administrative control board.
1421 (20) "Interested party" means:
1422 (a) a licensed or designated emergency medical services provider that provides
1423 emergency medical services within or in an area that abuts an exclusive geographic service area
1424 that is the subject of an application submitted pursuant to Part 5, Ambulance and Paramedic
1425 Providers;
1426 (b) any municipality, county, or fire district that lies within or abuts a geographic
1427 service area that is the subject of an application submitted pursuant to Part 5, Ambulance and
1428 Paramedic Providers; or
1429 (c) the department when acting in the interest of the public.
1430 (21) "Level of service" means the level at which an ambulance provider type of service
1431 is licensed as:
1432 (a) emergency medical technician;
1433 (b) advanced emergency medical technician; or
1434 (c) paramedic.
1435 (22) "Medical control" means a person who provides medical supervision to an
1436 emergency medical service provider.
1437 (23) "Non-911 service" means transport of a patient that is not 911 transport under
1438 Subsection (1).
1439 (24) "Nonemergency secured behavioral health transport" means an entity that:
1440 (a) provides nonemergency secure transportation services for an individual who:
1441 (i) is not required to be transported by an ambulance under Section 53-2d-405; and
1442 (ii) requires behavioral health observation during transport between any of the
1443 following facilities:
1444 (A) a licensed acute care hospital;
1445 (B) an emergency patient receiving facility;
1446 (C) a licensed mental health facility; and
1447 (D) the office of a licensed health care provider; and
1448 (b) is required to be designated under Section 53-2d-403.
1449 (25) "Paramedic provider" means an entity that:
1450 (a) employs emergency medical service personnel; and
1451 (b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
1452 (26) "Patient" means an individual who, as the result of illness, injury, or a behavioral
1453 emergency condition, meets any of the criteria in Section 26B-4-119.
1454 (27) "Political subdivision" means:
1455 (a) a city, town, or metro township;
1456 (b) a county;
1457 (c) a special service district created under Title 17D, Chapter 1, Special Service
1458 District Act, for the purpose of providing fire protection services under Subsection
1459 17D-1-201(9);
1460 (d) a special district created under Title 17B, Limited Purpose Local Government
1461 Entities - Special Districts, for the purpose of providing fire protection, paramedic, and
1462 emergency services;
1463 (e) areas coming together as described in Subsection 53-2d-505.2(2)(b)(ii); or
1464 (f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
1465 (28) "Sudden cardiac arrest" means a life-threatening condition that results when a
1466 person's heart stops or fails to produce a pulse.
1467 (29) "Trauma" means an injury requiring immediate medical or surgical intervention.
1468 (30) "Trauma system" means a single, statewide system that:
1469 (a) organizes and coordinates the delivery of trauma care within defined geographic
1470 areas from the time of injury through transport and rehabilitative care; and
1471 (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
1472 delivering care for trauma patients, regardless of severity.
1473 (31) "Triage" means the sorting of patients in terms of disposition, destination, or
1474 priority. For prehospital trauma victims, triage requires a determination of injury severity to
1475 assess the appropriate level of care according to established patient care protocols.
1476 (32) "Triage, treatment, transportation, and transfer guidelines" means written
1477 procedures that:
1478 (a) direct the care of patients; and
1479 (b) are adopted by the medical staff of an emergency patient receiving facility, trauma
1480 center, or an emergency medical service provider.
1481 (33) "Type of service" means the category at which an ambulance provider is licensed
1482 as:
1483 (a) ground ambulance transport;
1484 (b) ground ambulance interfacility transport; or
1485 (c) both ground ambulance transport and ground ambulance interfacility transport.
1486 Section 22. Section 53-2d-104 (Effective 07/01/24) is amended to read:
1487 53-2d-104 (Effective 07/01/24). Trauma System and Emergency Medical Services
1488 Committee -- Membership -- Expenses.
1489 (1) There is created the [
1490 Committee.
1491 (2) The committee shall be composed of the following [
1492 the governor, at least [
1493 sixth class:
1494 (a) [
1495 Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
1496 (i) one surgeon who actively provides trauma care at a hospital;
1497 (ii) one rural physician involved in emergency medical care;
1498 (iii) [
1499 department of a general acute hospital; and
1500 (iv) one pediatrician who practices in the emergency department or critical care unit of
1501 a general acute hospital or a children's specialty hospital;
1502 (b) [
1503 private ambulance provider;
1504 (c) one representative from an ambulance provider that is neither privately owned nor
1505 operated by a fire department;
1506 (d) [
1507 agency operated by one of the following classes of licensed or designated emergency medical
1508 services providers:
1509 (i) a municipality[
1510 (ii) a county[
1511 (iii) a fire district[
1512
1513 (e) four of any of the following representatives:
1514 [
1515 services;
1516 [
1517 [
1518 [
1519 [
1520 [
1521 medical dispatch center;
1522 [
1523 [
1524 [
1525 (3) (a) Except as provided in Subsection (3)(b), members shall be appointed to a
1526 four-year term [
1527 (b) Notwithstanding Subsection (3)(a), the governor:
1528 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
1529 ensure that the terms of committee members are staggered so that approximately half of the
1530 committee is appointed every two years; and
1531 (ii) may not reappoint a member for more than two consecutive terms[
1532 [
1533 [
1534
1535 [
1536
1537
1538 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1539 appointed by the governor for the unexpired term.
1540 (4) (a) (i) Each January, the committee shall organize and select one of the committee's
1541 members as chair and one member as vice chair.
1542 (ii) The committee may organize standing or ad hoc subcommittees, which shall
1543 operate in accordance with guidelines established by the committee.
1544 (b) (i) The chair shall convene a minimum of four meetings per year.
1545 (ii) The chair may call special meetings.
1546 (iii) The chair shall call a meeting upon request of five or more members of the
1547 committee.
1548 (c) (i) [
1549 business.
1550 (ii) The action of a majority of the members present is the action of the committee.
1551 (5) A member may not receive compensation or benefits for the member's service, but
1552 may receive per diem and travel expenses in accordance with:
1553 (a) Section 63A-3-106;
1554 (b) Section 63A-3-107; and
1555 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1556 63A-3-107.
1557 (6) Administrative services for the committee shall be provided by the bureau.
1558 Section 23. Section 53-2d-105 (Effective 07/01/24) is amended to read:
1559 53-2d-105 (Effective 07/01/24). Committee advisory duties.
1560 The committee shall [
1561
1562 (1) [
1563 (a) licensure, certification, and reciprocity requirements under Section 53-2d-402;
1564 [
1565 [
1566
1567 [
1568 [
1569 [
1570 [
1571 and the medical supervision of emergency medical service providers under Section 53-2d-403;
1572 [
1573 emergency medical dispatchers;
1574 [
1575 under Section 11-48-103; and
1576 (i) rules necessary to administer this chapter, which shall be made by the bureau chief
1577 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1578 (2) promote the development of a statewide emergency medical services system under
1579 Section 53-2d-403.
1580 [
1581
1582 Section 24. Section 53-2d-305 (Effective 07/01/24) is amended to read:
1583 53-2d-305 (Effective 07/01/24). Trauma center designations and guidelines.
1584 (1) The bureau, after seeking the advice of the [
1585 shall establish by rule:
1586 (a) trauma center designation requirements; and
1587 (b) model state guidelines for triage, treatment, transportation, and transfer of trauma
1588 patients to the most appropriate health care facility.
1589 (2) The bureau shall designate as a trauma center each hospital that:
1590 (a) voluntarily requests a trauma center designation; and
1591 (b) meets the applicable requirements established pursuant to Subsection (1).
1592 Section 25. Section 53-9-102 is amended to read:
1593 53-9-102. Definitions.
1594 In this chapter, unless otherwise stated:
1595 (1) "Adequate records" means records containing, at a minimum, sufficient information
1596 to identify the client, the dates of service, the fee for service, the payments for service, the type
1597 of service given, and copies of any reports that may have been made.
1598 (2) "Advertising" means the submission of bids, contracting or making known by any
1599 public notice, publication, or solicitation of business, directly or indirectly, that services
1600 regulated under this chapter are available for consideration.
1601 (3) "Agency" means a person who holds an agency license pursuant to this chapter, and
1602 includes one who employs an individual for wages and salary, and withholds all legally
1603 required deductions and contributions, or contracts with a registrant or an apprentice on a
1604 part-time or case-by-case basis to conduct an investigation on behalf of the agency.
1605 (4) "Applicant" means any person who has submitted a completed application and all
1606 required fees.
1607 (5) "Apprentice" means a person who holds an apprentice license pursuant to this
1608 chapter, has not met the requirements for registration, and works under the direct supervision
1609 and guidance of an agency.
1610 (6) "Board" means the [
1611
1612 Section 53-11-104.
1613 (7) "Bureau" means the Bureau of Criminal Identification created in Section
1614 53-10-201.
1615 (8) "Commissioner" means the commissioner of the Department of Public Safety.
1616 (9) "Conviction" means an adjudication of guilt by a federal, state, or local court
1617 resulting from trial or plea, including a plea of no contest, regardless of whether the imposition
1618 of sentence was suspended.
1619 (10) "Department" means the Department of Public Safety.
1620 (11) "Direct supervision" means that the agency or employer:
1621 (a) is responsible for, and authorizes, the type and extent of work assigned;
1622 (b) reviews and approves all work produced by the apprentice before it goes to the
1623 client;
1624 (c) closely supervises and provides direction and guidance to the apprentice in the
1625 performance of his assigned work; and
1626 (d) is immediately available to the apprentice for verbal contact, including by
1627 electronic means.
1628 (12) "Emergency action" means a summary suspension of a license pending revocation,
1629 suspension, or probation in order to protect the public health, safety, or welfare.
1630 (13) "Employee" means an individual who works for an agency or other employer, is
1631 listed on the agency's or employer's payroll records, and is under the agency's or employer's
1632 direction and control. An employee is not an independent contractor.
1633 (14) "Identification card" means a card issued by the commissioner to a qualified
1634 applicant for an agency, registrant, or apprentice license.
1635 (15) "Letter of concern" means an advisory letter to notify a licensee that while there is
1636 insufficient evidence to support probation, suspension, or revocation of a license, the
1637 department informs the licensee of the need to modify or eliminate certain practices and that
1638 continuation of the activities that led to the information being submitted to the department may
1639 result in further disciplinary action against the licensee.
1640 (16) "Licensee" means a person to whom an agency, registrant, or apprentice license is
1641 issued by the department.
1642 (17) (a) "Private investigator or private detective" means any person, except collection
1643 agencies and credit reporting agencies, who, for consideration, engages in business or accepts
1644 employment to conduct any investigation for the purpose of obtaining information with
1645 reference to:
1646 (i) crime, wrongful acts, or threats against the United States or any state or territory of
1647 the United States;
1648 (ii) the identity, reputation, character, habits, conduct, business occupation, honesty,
1649 integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements,
1650 whereabouts, affiliations, associations, or transactions of any person or group of persons;
1651 (iii) the credibility of witnesses or other persons;
1652 (iv) the whereabouts of missing persons or owners of abandoned property;
1653 (v) the causes and origin of, or responsibility for a fire, libel, slander, a loss, an
1654 accident, damage, or an injury to real or personal property;
1655 (vi) the business of securing evidence to be used before investigating committees or
1656 boards of award or arbitration or in the trial of civil or criminal cases and the trial preparation;
1657 (vii) the prevention, detection, and removal of installed devices for eavesdropping or
1658 observation;
1659 (viii) the business of "skip tracing" persons who have become delinquent in their
1660 lawful debts, either when hired by an individual, collection agency, or through the direct
1661 purchase of the debt from a financial institution or entity owning the debt or judgment; or
1662 (ix) serving civil process.
1663 (b) "Private investigator or private detective" does not include:
1664 (i) any person or employee conducting an investigation on the person's or employee's
1665 own behalf or on behalf of the employer if the employer is not a private investigator under this
1666 chapter;
1667 (ii) an employee of an attorney licensed to practice law in this state; or
1668 (iii) a currently licensed certified public accountant or CPA as defined in Section
1669 58-26a-102.
1670 (18) "Qualifying party" means the individual meeting the qualifications under this
1671 chapter for a private investigator license.
1672 (19) "Registrant" means any person who holds a registrant license pursuant to this
1673 chapter. The registrant performs private investigative work either as an employee on an
1674 employer's payroll or, on a contract with an agency, part-time, or case-by-case basis, with a
1675 minimum amount of direction.
1676 (20) "Restructuring" means any change in the legal status of a business.
1677 (21) "Unprofessional conduct" means any of the following:
1678 (a) engaging or offering to engage by fraud or misrepresentation in any activities
1679 regulated by this chapter;
1680 (b) aiding or abetting a person who is not licensed pursuant to this chapter in
1681 representing that person as a private investigator or registrant in this state;
1682 (c) gross negligence in the practice of a private investigator or registrant;
1683 (d) failing or refusing to maintain adequate records and investigative findings on a
1684 subject of investigation or a client;
1685 (e) committing a felony or a misdemeanor involving any crime that is grounds for
1686 denial, suspension, or revocation of an agency, registrant, or apprentice license. In all cases,
1687 conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of
1688 the commission of the crime; or
1689 (f) making a fraudulent or untrue statement to the bureau, board, department, or its
1690 investigators, staff, or consultants.
1691 Section 26. Section 53-11-102 is amended to read:
1692 53-11-102. Definitions.
1693 As used in this chapter:
1694 (1) "Applicant" means a person who has submitted to the department a completed
1695 application and all required application and processing fees.
1696 (2) "Bail bond agency" means a bail enforcement agent licensed under this chapter who
1697 operates a business to carry out the functions of a bail enforcement agent, and to conduct this
1698 business:
1699 (a) employs one or more persons licensed under this chapter for wages or salary, and
1700 withholds all legally required deductions and contributions; or
1701 (b) contracts with a bail recovery agent or bail recovery apprentice on a part-time or
1702 case-by-case basis.
1703 (3) "Bail enforcement agent" means an individual licensed under this chapter as a bail
1704 enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil
1705 or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both,
1706 as is appropriate, and who:
1707 (a) is appointed by a bail bond surety; and
1708 (b) receives or is promised money or other things of value for this service.
1709 (4) "Bail recovery agent" means an individual employed by a bail enforcement agent to
1710 assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
1711 (a) presenting a defendant for required court appearances;
1712 (b) apprehending or surrendering a defendant to a court; or
1713 (c) keeping the defendant under necessary surveillance.
1714 (5) "Bail recovery apprentice" means any individual licensed under this chapter as a
1715 bail recovery apprentice, and who:
1716 (a) has not met the requirements for licensure as a bail recovery agent or bail
1717 enforcement agent; and
1718 (b) is employed by a bail enforcement agent, and works under the direct supervision of
1719 a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent,
1720 unless the bail recovery apprentice is conducting activities at the direction of the employing
1721 bail enforcement agent that under this chapter do not require direct supervision.
1722 (6) "Board" means the Bail Bond Recovery and Private Investigator Licensure Board
1723 created under Section 53-11-104.
1724 (7) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
1725 within the Department of Public Safety.
1726 (8) "Commissioner" means the commissioner of public safety as defined under Section
1727 53-1-107, or his designee.
1728 (9) "Contract employee" or "independent contractor" means a person who works for an
1729 agency as an independent contractor.
1730 (10) "Conviction" means an adjudication of guilt by a federal, state, or local court
1731 resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of
1732 whether the imposition of sentence was suspended.
1733 (11) "Department" means the Department of Public Safety.
1734 (12) "Direct supervision" means a bail enforcement agent employing or contracting
1735 with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that
1736 bail enforcement agent who:
1737 (a) takes responsibility for and assigns the work a bail recovery apprentice may
1738 conduct; and
1739 (b) closely supervises, within close physical proximity, and provides direction and
1740 guidance to the bail recovery apprentice regarding the assigned work.
1741 (13) "Emergency action" means a summary suspension of a license issued under this
1742 chapter pending revocation, suspension, or probation, in order to protect the public health,
1743 safety, or welfare.
1744 (14) "Identification card" means a card issued by the commissioner to an applicant
1745 qualified for licensure under this chapter.
1746 (15) "Letter of concern" means an advisory letter to notify a licensee that while there is
1747 insufficient evidence to support probation, suspension, or revocation of a license, the
1748 department believes:
1749 (a) the licensee should modify or eliminate certain practices; and
1750 (b) continuation of the activities that led to the information being submitted to the
1751 department may result in further disciplinary action against the license.
1752 (16) "Occupied structure" means any edifice, including residential and public
1753 buildings, vehicles, or any other structure that could reasonably be expected to house or shelter
1754 persons.
1755 (17) "Private investigator or private detective" means the same as that term is defined
1756 in Section 53-9-102.
1757 [
1758 for and authorizes the type and extent of work assigned to a bail recovery agent who is his
1759 employee or contract employee.
1760 [
1761 (a) engaging or offering to engage by fraud or misrepresentation in any activities
1762 regulated by this chapter;
1763 (b) aiding or abetting a person who is not licensed pursuant to this chapter in
1764 representing that person as a bail recovery agent in this state;
1765 (c) gross negligence in the practice of a bail recovery agent;
1766 (d) committing a felony or a misdemeanor involving any crime that is grounds for
1767 denial, suspension, or revocation of a bail recovery license, and conviction by a court of
1768 competent jurisdiction or a plea of no contest is conclusive evidence of the commission; or
1769 (e) making a fraudulent or untrue statement to the board, department, its investigators,
1770 or staff.
1771 Section 27. Section 53-11-104 is amended to read:
1772 53-11-104. Board.
1773 (1) [
1774 Recovery and Private Investigator Licensure Board consisting of [
1775 appointed by the commissioner.
1776 [
1777
1778
1779 (2) Each member of the board shall be a citizen of the United States and a resident of
1780 this state at the time of appointment:
1781 (a) one member shall be a person who is qualified for and is licensed under this
1782 chapter;
1783 (b) one member shall be a person who is qualified for and is licensed under Title 53,
1784 Chapter 9, Private Investigator Regulation Act;
1785 [
1786 [
1787 (e) one member shall be a supervisory investigator from the commissioner's office;
1788 [
1789 (g) one member shall be an owner of a private investigator agency;
1790 [
1791 (i) does not have a financial interest in a bail bond surety or bail bond recovery
1792 business; [
1793 (ii) does not have a financial interest in a private investigative agency; and
1794 [
1795 personal or professional acquaintance who is licensed or registered under this chapter or Title
1796 53, Chapter 9, Private Investigator Regulation Act.
1797 (3) (a) As terms of current board members expire, the commissioner shall appoint each
1798 new member or reappointed member to a four-year term, except as required by Subsection
1799 (3)(b).
1800 (b) The commissioner shall, at the time of appointment or reappointment, adjust the
1801 length of terms to ensure that the terms of board members are staggered so that approximately
1802 half of the board is appointed every two years.
1803 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
1804 appointed for the unexpired term.
1805 (5) At its first meeting every year, the board shall elect a chair and vice chair from its
1806 membership.
1807 (6) A member may not receive compensation or benefits for the member's service, but
1808 may receive per diem and travel expenses in accordance with:
1809 (a) Section 63A-3-106;
1810 (b) Section 63A-3-107; and
1811 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1812 63A-3-107.
1813 (7) A member may not serve more than one term, except that a member appointed to
1814 fill a vacancy or appointed for an initial term of less than four years under Subsection (3) may
1815 be reappointed for one additional full term.
1816 (8) The commissioner, after a board hearing and recommendation, may remove any
1817 member of the board for misconduct, incompetency, or neglect of duty.
1818 (9) Members of the board are immune from suit with respect to all acts done and
1819 actions taken in good faith in carrying out the purposes of this chapter.
1820 Section 28. Section 53-11-105 is amended to read:
1821 53-11-105. Powers and duties of board.
1822 (1) The board shall:
1823 (a) (i) review all applications for licensing and renewals of licenses submitted by the
1824 bureau under this chapter and Title 53, Chapter 9, Private Investigator Regulation Act; and
1825 (ii) approve or disapprove [
1826 (b) review all complaints and take disciplinary action; and
1827 (c) establish standards for and approve providers of courses required for licensure
1828 under this section.
1829 (2) The board may take and hear evidence, administer oaths and affirmations, and
1830 compel by subpoena the attendance of witnesses and the production of books, papers, records,
1831 documents, and other information relating to:
1832 (a) investigation of an applicant for licensure under this chapter or Title 53, Chapter 9,
1833 Private Investigator Regulation Act; or
1834 (b) a formal complaint against or department investigation of a bail enforcement agent,
1835 bail recovery agent, [
1836 Section 29. Section 53-11-106 is amended to read:
1837 53-11-106. Board meetings and hearings -- Quorum.
1838 (1) The board shall meet at the call of the chair, but not less often than once each
1839 quarter.
1840 (2) (a) A quorum consists of [
1841 (b) The action of a majority of a quorum constitutes an action of the board.
1842 (3) If a member has three or more unexcused absences within a 12-month period, the
1843 commissioner shall determine if that board member should be released from board duties.
1844 Section 30. Section 53B-28-402 is amended to read:
1845 53B-28-402. Campus safety study -- Report to Legislature.
1846 (1) As used in this section:
1847 (a) "Campus law enforcement" means a unit of an institution that provides public
1848 safety services.
1849 (b) (i) "Institution" means an institution of higher education described in Section
1850 53B-2-101.
1851 (ii) "Institution" includes an institution's campus law enforcement.
1852 (c) "Local law enforcement" means a state or local law enforcement agency other than
1853 campus law enforcement.
1854 (d) "Public safety services" means police services, security services, dispatch services,
1855 emergency services, or other similar services.
1856 (e) "Sexual violence" means the same as that term is defined in Section 53B-28-301.
1857 (f) "Special district" means the same as that term is defined in Section 17B-1-102.
1858 (g) "Special service district" means the same as that term is defined in Section
1859 17D-1-102.
1860 (h) "Student" means the same as that term is defined in Section 53B-28-301.
1861 (i) "Student organization" means the same as that term is defined in Section
1862 53B-28-401.
1863 (2) The board shall:
1864 (a) study issues related to providing public safety services on institution campuses,
1865 including:
1866 (i) policies and practices for hiring, supervision, and firing of campus law enforcement
1867 officers;
1868 (ii) training of campus law enforcement in responding to incidents of sexual violence
1869 or other crimes reported by or involving a student, including training related to lethality or
1870 similar assessments;
1871 (iii) how campus law enforcement and local law enforcement respond to reports of
1872 incidents of sexual violence or other crimes reported by or involving a student, including
1873 supportive measures for victims and disciplinary actions for perpetrators;
1874 (iv) training provided to faculty, staff, students, and student organizations on campus
1875 safety and prevention of sexual violence;
1876 (v) roles, responsibilities, jurisdiction, and authority of local law enforcement and
1877 campus law enforcement, including authority based on:
1878 (A) the type of public safety services provided; or
1879 (B) geographic boundaries;
1880 (vi) how an institution and local law enforcement coordinate to respond to on-campus
1881 and off-campus incidents requiring public safety services, including:
1882 (A) legal requirements or restrictions affecting coordination;
1883 (B) agreements, practices, or procedures governing coordination between an institution
1884 and local law enforcement, including mutual support, sharing information, or dispatch
1885 management; and
1886 (C) any issues that may affect the timeliness of a response to an on-campus or
1887 off-campus incident reported by or involving a student;
1888 (vii) infrastructure, staffing, and equipment considerations that impact the effectiveness
1889 of campus law enforcement or local law enforcement responses to an on-campus or off-campus
1890 incident reported by or involving a student;
1891 (viii) the benefits and disadvantages of an institution employing campus law
1892 enforcement compared to local law enforcement providing public safety services on an
1893 institution campus;
1894 (ix) an institution's compliance with federal and state crime statistic reporting
1895 requirements;
1896 (x) how an institution informs faculty, staff, and students about a crime or emergency
1897 on campus;
1898 (xi) national best practices for providing public safety services on institution campuses,
1899 including differences in best practices based on the size, infrastructure, location, and other
1900 relevant characteristics of a college or university; and
1901 (xii) any other issue the board determines is relevant to the study;
1902 (b) make recommendations for providing public safety services on institution campuses
1903 statewide;
1904 (c) produce a final report of the study described in this section, including the
1905 recommendations described in Subsection (2)(b); and
1906 (d) in accordance with Section 68-3-14, present the final report described in Subsection
1907 (2)(c) to the Education Interim Committee and the Law Enforcement and Criminal Justice
1908 Interim Committee at or before the committees' November 2021 meetings.
1909 (3) In carrying out the board's duties under this section, the board may coordinate with
1910 individuals and organizations with knowledge, expertise, or experience related to the board's
1911 duties under this section, including:
1912 (a) the Department of Health and Human Services;
1913 (b) the Utah Office for Victims of Crime;
1914 (c) the Utah [
1915 (d) institutions;
1916 (e) local law enforcement;
1917 (f) special districts or special service districts that provide 911 and emergency dispatch
1918 service; and
1919 (g) community and other non-governmental organizations.
1920 Section 31. Section 63A-16-1002 is amended to read:
1921 63A-16-1002. Criminal and juvenile justice database.
1922 (1) The commission shall oversee the creation and management of a criminal and
1923 juvenile justice database for information and data required to be reported to the commission,
1924 organized by county, and accessible to all criminal justice agencies in the state.
1925 (2) The division shall assist with the development and management of the database.
1926 (3) The division, in collaboration with the commission, shall create:
1927 (a) master standards and formats for information submitted to the database;
1928 (b) a portal, bridge, website, or other method for reporting entities to provide the
1929 information;
1930 (c) a master data management index or system to assist in the retrieval of information
1931 in the database;
1932 (d) a protocol for accessing information in the database that complies with state
1933 privacy regulations; and
1934 (e) a protocol for real-time audit capability of all data accessed through the portal by
1935 participating data source, data use entities, and regulators.
1936 (4) Each criminal justice agency charged with reporting information to the commission
1937 shall provide the data or information to the database in a form prescribed by the commission.
1938 (5) The database shall be the repository for the statutorily required data described in:
1939 (a) Section 13-53-111, recidivism reporting requirements;
1940 (b) Section 17-22-32, county jail reporting requirements;
1941 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
1942 (d) Section 41-6a-511, courts to collect and maintain data;
1943 (e) Section 53-23-101, reporting requirements for reverse-location warrants;
1944 (f) Section 53-24-102, sexual assault offense reporting requirements for law
1945 enforcement agencies;
1946 (g) Section 63M-7-214, law enforcement agency grant reporting;
1947 (h) Section 63M-7-216, prosecutorial data collection;
1948 (i) Section 63M-7-220, domestic violence data collection;
1949 [
1950 [
1951 [
1952 [
1953 inmates;
1954 [
1955 [
1956 [
1957 [
1958 [
1959 [
1960 [
1961 of that data to the commission.
1962 (6) The commission shall report:
1963 (a) progress on the database, including creation, configuration, and data entered, to the
1964 Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
1965 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
1966 Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
1967 Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
1968 Committee not later than January 16, 2023.
1969 Section 32. Section 63C-1-103 is enacted to read:
1970 63C-1-103. Appointment and terms of boards, committees, councils, and
1971 commissions transitioning on October 1, 2024 Ŝ→ , or December 31, 2024 ←Ŝ .
1972 (1) As used in this section:
1973 (a) "Enacted committee" means:
1974 (i) the following committees enacted on October 1, 2024:
1975 (A) the Utah Arts and Museums Advisory Board created in Section 9-6-301;
1976 (B) the Public Safety Data Management Task Force created in Section 36-29-111;
1977 (C) the Bail Bond Recovery and Private Investigator Licensure Board created in
1978 Section 54-11-104; and
1979 (D) the Trauma System and Emergency Medical Services Advisory Committee created
1980 in Section 53-2d-104; and
1981 (ii) the following as constituted on or after October 1, 2024:
1982 (A) the Employment Advisory Council created in Subsection 35A-4-302(5); Ŝ→ and ←Ŝ
1983 (B) the Emergency Management Administration Council created in Section 53-2a-105 Ŝ→
1983a [
1984 and
1985 (C) the Utah Victim Services Commission created in Section 63M-7-902
1986 (b) "Expired committee" means:
1987 (i) the following which, in accordance with Title 63I, Chapter 2, Repeal Dates by Title
1988 Act, repeal on October 1, 2024:
1989 (A) the Utah Museums Advisory Board created in Section 9-6-305;
1990 (B) the Domestic Violence Data Task Force created in Section 63C-29-201;
1991 (C) the Private Investigator Hearing and Licensure Board created in Section 53-9-104;
1992 and
1993 (D) the Trauma System Advisory Committee created in Section 26B-1-406;
1994 (ii) the following as constituted before October 1, 2024:
1995 (A) the Utah Arts Advisory Board created in Section 9-6-301;
1996 (B) the Criminal Justice Data Management Task Force created in Section 36-29-111;
1997 (C) the Bail Bond Recovery Licensure Board created in Section 53-11-104;
1998 (D) the State Emergency Medical Services Committee created in Sections 26B-1-404
1999 and 53-2d-104;
2000 (E) the Employment Advisory Council created in Subsection 35A-4-302(5); Ŝ→ and ←Ŝ
2001 (F) the Emergency Management Administration Council created in Section 53-2a-105 Ŝ→ [
2002 and
2003 (G) the Utah Victim Services Commission created in Section 63M-7-902
2003a Ŝ→ (c) "Utah Victim Services Commission enacted" means the Utah Victim Services
2003b Commission created in Section 63M-7-902 as constituted on or after December 31, 2024.
2003c (d) "Utah Victim Services Commission expired" means the Utah Victim Services Commission
2003d as constituted before December 31, 2024. ←Ŝ
2004 (2) An individual who is appointed as a member of Ŝ→ :
2004a (a) ←Ŝ an expired committee is removed
2005 from the expired committee after September 30, 2024 Ŝ→ ; and
2005a (b) the Utah Victim Services Commission expired, is removed from the commission
2005b after December 30, 2024 ←Ŝ .
2006 (3) (a) On or after May 1, 2024, but before October 1, 2024, the appointing authority of
2007 an enacted committee may appoint a member to the enacted committee in accordance with the
2008 section governing appointment to the enacted committee.
2009 (b) (i) A member described in Subsection (3)(a) may not begin the individual's term of
2010 service on the enacted committee before October 1, 2024; and
2011 (ii) if applicable under the section governing appointment to the enacted committee,
2012 the Senate may provide advice and consent.
2013 (4) (a) Nothing in this section prevents an appointing authority from appointing an
2014 individual who is removed from an expired committee in accordance with Subsection (2) to an
2015 enacted committee if the individual's appointment meets the requirements of the section
2016 governing appointment to the enacted committee.
2017 (b) If an individual is removed from an expired committee under Subsection (2) and is
2018 then appointed to an enacted committee under Subsection (3)(a), and the appointed position has
2019 limited terms an individual may serve, the appointment under Subsection (3)(a) does not count
2020 as an additional term.
2020a Ŝ→ (5)(a) On or after May 1, 2024, but before December 31, 2024, the appointing authority of
2020b the Utah Victim Services Commission enacted may appoint a member to the Utah Victim
2020c Services Commission enacted in accordance with Section 63M-7-902.
2020d (b) A member described in Subsection (5)(a) may not begin the individual's term of service
2020e before December 31, 2024.
2020f (6)(a) Nothing in this section prevents an appointing authority from appointing an individual
2020g who is removed from the Utah Victim Services Commission expired in accordance with
2020h Subsection (2)(b) to the Utah Victim Services Commission enacted if the individual's
2020i appointment meets the requirements of Section 63M-7-902.
2020j (b) If an individual is removed from the Utah Victim Services Commission expired under
2020k Subsection (2)(b) and is then appointed to the Utah Victim Services Commission enacted under
2020l Subsection (5)(a), and the appointed position has limited terms an individual may serve, the
2020m appointment under Subsection (5)(a) does not count
2020n as an additional term. ←Ŝ
2021 Section 33. Section 63I-1-209 is amended to read:
2022 63I-1-209. Repeal dates: Title 9.
2023 [
2024
2025 [
2026
2027 [
2028 2029.
2029 (2) Section 9-6-302, Arts and museums board powers and duties, is repealed July 1,
2030 2029.
2031 (3) Section 9-9-405, which creates the Native American Remains Review Committee,
2032 is repealed July 1, 2025.
2033 (4) Title 9, Chapter 20, Utah Commission on Service and Volunteerism Act, is
2034 repealed July 1, 2026.
2035 Section 34. Section 63I-1-235 is amended to read:
2036 63I-1-235. Repeal dates: Title 35A.
2037 (1) Subsection 35A-1-202(2)(d), related to the Child Care Advisory Committee, is
2038 repealed July 1, 2026.
2039 (2) Section 35A-3-205, which creates the Child Care Advisory Committee, is repealed
2040 July 1, 2026.
2041 (3) Subsection 35A-4-502(5), which creates the Employment Advisory Council, is
2042 repealed July 1, [
2043 (4) Title 35A, Chapter 9, Part 6, Education Savings Incentive Program, is repealed July
2044 1, 2028.
2045 [
2046
2047 [
2048 is repealed July 1, 2024.
2049 [
2050 Services for the Blind and Visually Impaired, is repealed July 1, 2025.
2051 [
2052 Certification Board, are repealed July 1, 2026.
2053 Section 35. Section 63I-1-236 is amended to read:
2054 63I-1-236. Repeal dates: Title 36.
2055 (1) Title 36, Chapter 17, Legislative Process Committee, is repealed January 1, 2028.
2056 (2) Section 36-29-111, Public Safety Data Management Task Force, is repealed July 1,
2057 2029.
2058 [
2059 January 1, 2025.
2060 [
2061 2028.
2062 [
2063 Section 36. Section 63I-1-253 (Superseded 07/01/24) is amended to read:
2064 63I-1-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.
2065 (1) Section 53-2a-105, which creates the Emergency Management Administration
2066 Council, is repealed July 1, [
2067 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2068 Board, are repealed July 1, 2027.
2069 (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
2070 July 1, 2024.
2071 (4) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
2072 repealed July 1, 2024.
2073 (5) Section 53B-7-709, regarding five-year performance goals for the Utah System of
2074 Higher Education is repealed July 1, 2027.
2075 (6) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
2076 July 1, 2028.
2077 (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
2078 (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
2079 repealed January 1, 2025.
2080 (9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
2081 (10) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
2082 Research Center, is repealed on July 1, 2028.
2083 (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
2084 from the Land Exchange Distribution Account to the Geological Survey for test wells and other
2085 hydrologic studies in the West Desert, is repealed July 1, 2030.
2086 (12) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
2087 custody, are repealed July 1, 2027.
2088 (13) In relation to a standards review committee, on January 1, 2028:
2089 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2090 recommendations of a standards review committee established under Section 53E-4-203" is
2091 repealed; and
2092 (b) Section 53E-4-203 is repealed.
2093 (14) Section 53E-4-402, which creates the State Instructional Materials Commission, is
2094 repealed July 1, 2027.
2095 (15) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
2096 repealed July 1, 2033.
2097 (16) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
2098 Program, is repealed July 1, 2024.
2099 (17) Section 53F-5-213 is repealed July 1, 2023.
2100 (18) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
2101 1, 2025.
2102 (19) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
2103 repealed July 1, 2025.
2104 (20) Section 53F-5-219, which creates the Local Innovations Civics Education Pilot
2105 Program, is repealed on July 1, 2025.
2106 (21) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
2107 Committee, is repealed July 1, 2024.
2108 (22) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
2109 Commission, are repealed January 1, 2025.
2110 (23) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.
2111 (24) Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed July 1,
2112 2027.
2113 Section 37. Section 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25) is amended to read:
2114 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25). Repeal dates: Titles 53 through
2115 53G.
2116 (1) Section 53-2a-105, which creates the Emergency Management Administration
2117 Council, is repealed July 1, [
2118 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2119 Board, are repealed July 1, 2027.
2120 (3) Section 53-2d-104, Trauma System and Emergency Medical Services Committee --
2121 Membership -- Expenses, is repealed on July 1, 2029.
2122 (4) Section 53-2d-703 is repealed July 1, 2027.
2123 [
2124 repealed July 1, 2024.
2125 (6) Section 53-11-104, Board, is repealed July 1, 2029.
2126 [
2127 is repealed July 1, 2024.
2128 [
2129 System of Higher Education is repealed July 1, 2027.
2130 [
2131 repealed July 1, 2028.
2132 [
2133 2028.
2134 [
2135 Commission, is repealed January 1, 2025.
2136 [
2137 2028.
2138 [
2139 Infrastructure Research Center, is repealed on July 1, 2028.
2140 [
2141 money from the Land Exchange Distribution Account to the Geological Survey for test wells
2142 and other hydrologic studies in the West Desert, is repealed July 1, 2030.
2143 [
2144 youth in custody, are repealed July 1, 2027.
2145 [
2146 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2147 recommendations of a standards review committee established under Section 53E-4-203" is
2148 repealed; and
2149 (b) Section 53E-4-203 is repealed.
2150 [
2151 Commission, is repealed July 1, 2027.
2152 [
2153 Commission, is repealed July 1, 2033.
2154 [
2155 Pilot Program, is repealed July 1, 2024.
2156 [
2157 [
2158 repealed July 1, 2025.
2159 [
2160 repealed July 1, 2025.
2161 [
2162 Pilot Program, is repealed on July 1, 2025.
2163 [
2164 Account Committee, is repealed July 1, 2024.
2165 [
2166 Commission, are repealed January 1, 2025.
2167 [
2168 2027.
2169 [
2170 July 1, 2027.
2171 Section 38. Section 63I-1-253 (Contingently Effective 01/01/25) is amended to read:
2172 63I-1-253 (Contingently Effective 01/01/25). Repeal dates: Titles 53 through 53G.
2173 (1) Section 53-2a-105, which creates the Emergency Management Administration
2174 Council, is repealed July 1, [
2175 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2176 Board, are repealed July 1, 2027.
2177 (3) Section 53-2d-104, Trauma System and Emergency Medical Services Committee --
2178 Membership -- Expenses, is repealed on July 1, 2029.
2179 (4) Section 53-2d-703 is repealed July 1, 2027.
2180 [
2181 repealed July 1, 2024.
2182 (6) Section 53-11-104, Board, is repealed July 1, 2029.
2183 [
2184 is repealed July 1, 2024.
2185 [
2186 System of Higher Education is repealed July 1, 2027.
2187 [
2188 repealed July 1, 2028.
2189 [
2190 2028.
2191 [
2192 Commission, is repealed January 1, 2025.
2193 [
2194 2028.
2195 [
2196 Infrastructure Research Center, is repealed on July 1, 2028.
2197 [
2198 money from the Land Exchange Distribution Account to the Geological Survey for test wells
2199 and other hydrologic studies in the West Desert, is repealed July 1, 2030.
2200 [
2201 youth in custody, are repealed July 1, 2027.
2202 [
2203 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2204 recommendations of a standards review committee established under Section 53E-4-203" is
2205 repealed; and
2206 (b) Section 53E-4-203 is repealed.
2207 [
2208 Commission, is repealed July 1, 2027.
2209 [
2210 Commission, is repealed July 1, 2033.
2211 [
2212 Pilot Program, is repealed July 1, 2024.
2213 [
2214 [
2215 repealed July 1, 2025.
2216 [
2217 repealed July 1, 2025.
2218 [
2219 Pilot Program, is repealed on July 1, 2025.
2220 [
2221 loss in enrollment for certain fiscal years, is repealed on July 1, 2030.
2222 (b) On July 1, 2030, the Office of Legislative Research and General Counsel shall
2223 renumber the remaining subsections accordingly.
2224 [
2225 Account Committee, is repealed July 1, 2024.
2226 [
2227 Commission, are repealed January 1, 2025.
2228 [
2229 2027.
2230 [
2231 July 1, 2027.
2232 Section 39. Section 63I-1-263 is amended to read:
2233 63I-1-263. Repeal dates: Titles 63A through 63N.
2234 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
2235 improvement funding, is repealed July 1, 2024.
2236 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2237 2023.
2238 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
2239 Committee, are repealed July 1, 2023.
2240 (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
2241 1, 2028.
2242 (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2243 2025.
2244 (6) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2245 2024.
2246 (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
2247 repealed July 1, 2023.
2248 (8) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
2249 December 31, 2026.
2250 (9) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
2251 repealed July 1, 2026.
2252 (10) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
2253 (11) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
2254 [
2255
2256 [
2257 repealed on July 1, 2028.
2258 [
2259 Disabilities Advisory Board, is repealed July 1, 2026.
2260 [
2261 July 1, 2028.
2262 [
2263 July 1, 2024.
2264 [
2265 2026.
2266 [
2267 Commission, is repealed January 1, 2025.
2268 [
2269 Canyon, is repealed July 1, 2025.
2270 [
2271 Committee, is repealed July 1, 2027.
2272 [
2273 on January 1, 2033:
2274 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2275 repealed;
2276 (b) Section 63M-7-305, the language that states "council" is replaced with
2277 "commission";
2278 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
2279 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2280 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2281 "(2) The commission shall:
2282 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2283 Drug-Related Offenses Reform Act; and
2284 (b) coordinate the implementation of Section 77-18-104 and related provisions in
2285 Subsections 77-18-103(2)(c) and (d).".
2286 [
2287
2288 [
2289 July1, 2026.
2290 (22) Section 63M-7-902, Creation -- Membership -- Terms -- Vacancies -- Expenses, is
2291 repealed July 1, 2029.
2292 [
2293 2026.
2294 [
2295 repealed January 1, 2025.
2296 [
2297 [
2298 July 1, 2028.
2299 [
2300 repealed July 1, 2027.
2301 [
2302 Program, is repealed July 1, 2025.
2303 [
2304 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
2305 and
2306 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
2307 Program, is repealed.
2308 [
2309 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
2310 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
2311 repealed and replaced with "Utah Office of Tourism";
2312 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
2313 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
2314 approval from the Board of Tourism Development, is repealed; and
2315 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
2316 [
2317 Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
2318 is repealed on July 1, 2024.
2319 Section 40. Section 63I-2-209 is amended to read:
2320 63I-2-209. Repeal dates: Title 9.
2321 (1) Section 9-6-303, Arts collection committee, is repealed on October 1, 2024.
2322 (2) Section 9-6-305, Utah Museums Advisory Board, is repealed on October 1, 2024;
2323 (3) Section 9-6-306, Museums board power and duties, is repealed on October 1, 2024.
2324 (4) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
2325 December 31, 2024.
2326 [
2327 repealed June 30, 2021.
2328 [
2329 Exchange Restricted Account Act, is repealed on July 1, 2024.
2330 [
2331 Account Act, is repealed on July 1, 2024.
2332 [
2333 Building Communities Restricted Account Act, is repealed on July 1, 2024.
2334 Section 41. Section 63I-2-226 (Superseded 07/01/24) is amended to read:
2335 63I-2-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
2336 (1) Subsection 26B-1-204(2)(e), related to the Air Ambulance Committee, is repealed
2337 July 1, 2024.
2338 (2) Section 26B-1-241 is repealed July 1, 2024.
2339 (3) Section 26B-1-302 is repealed on July 1, 2024.
2340 (4) Section 26B-1-313 is repealed on July 1, 2024.
2341 (5) Section 26B-1-314 is repealed on July 1, 2024.
2342 (6) Section 26B-1-321 is repealed on July 1, 2024.
2343 (7) Section 26B-1-405, related to the Air Ambulance Committee, is repealed on July 1,
2344 2024.
2345 (8) Section 26B-1-423, which creates the rural Physician Loan Repayment Program
2346 Advisory Committee, is repealed on July 1, 2026.
2347 [
2348
2349 (9) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2350 26B-2-231(1)(a) is amended to read:
2351 "(a) provide the patient or the patient's representative with the following information
2352 before contacting an air medical transport provider:
2353 (i) which health insurers in the state the air medical transport provider contracts with;
2354 (ii) if sufficient data is available, the average charge for air medical transport services
2355 for a patient who is uninsured or out of network; and
2356 (iii) whether the air medical transport provider balance bills a patient for any charge not
2357 paid by the patient's health insurer; and".
2358 (10) Section 26B-3-142 is repealed July 1, 2024.
2359 (11) Subsection 26B-3-215(5), related to reporting on coverage for in vitro fertilization
2360 and genetic testing, is repealed July 1, 2030.
2361 (12) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2362 26B-4-135(1)(a) is amended to read:
2363 "(a) provide the patient or the patient's representative with the following information
2364 before contacting an air medical transport provider:
2365 (i) which health insurers in the state the air medical transport provider contracts with;
2366 (ii) if sufficient data is available, the average charge for air medical transport services
2367 for a patient who is uninsured or out of network; and
2368 (iii) whether the air medical transport provider balance bills a patient for any charge not
2369 paid by the patient's health insurer; and".
2370 (13) Section 26B-4-702, related to the Utah Health Care Workforce Financial
2371 Assistance Program, is repealed July 1, 2027.
2372 (14) Subsections 26B-4-703(3)(b), (3)(c)(i) and (ii), and (6)(b) are repealed on July 1,
2373 2026.
2374 [
2375 programs, is repealed January 2, 2025.
2376 [
2377 exchange and education, is repealed January 1, 2027.
2378 [
2379 2025.
2380 Section 42. Section 63I-2-226 (Effective 07/01/24) is amended to read:
2381 63I-2-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
2382 (1) Section 26B-1-241 is repealed July 1, 2024.
2383 (2) Section 26B-1-302 is repealed on July 1, 2024.
2384 (3) Section 26B-1-313 is repealed on July 1, 2024.
2385 (4) Section 26B-1-314 is repealed on July 1, 2024.
2386 (5) Section 26B-1-321 is repealed on July 1, 2024.
2387 (6) Section 26B-1-423, Rural Physician Loan Repayment Program Advisory
2388 Committee -- Membership -- Compensation -- Duties, is repealed on July 1, 2026.
2389 [
2390
2391 (7) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2392 26B-2-231(1)(a) is amended to read:
2393 "(a) provide the patient or the patient's representative with the following information
2394 before contacting an air medical transport provider:
2395 (i) which health insurers in the state the air medical transport provider contracts with;
2396 (ii) if sufficient data is available, the average charge for air medical transport services
2397 for a patient who is uninsured or out of network; and
2398 (iii) whether the air medical transport provider balance bills a patient for any charge not
2399 paid by the patient's health insurer; and".
2400 (8) Section 26B-3-142 is repealed July 1, 2024.
2401 (9) Subsection 26B-3-215(5), related to reporting on coverage for in vitro fertilization
2402 and genetic testing, is repealed July 1, 2030.
2403 (10) Section 26B-4-702, related to the Utah Health Care Workforce Financial
2404 Assistance Program, is repealed July 1, 2027.
2405 (11) Subsections 26B-4-703(3)(b), (3)(c)(i) and (ii), and (6)(b) are repealed on July 1,
2406 2026.
2407 [
2408 programs, is repealed January 2, 2025.
2409 [
2410 exchange and education, is repealed January 1, 2027.
2411 [
2412 2025.
2413 Section 43. Section 63I-2-235 is amended to read:
2414 63I-2-235. Repeal dates: Title 35A.
2415 (1) Section 35A-1-104.6 is repealed June 30, 2022.
2416 (2) Section 35A-3-212 is repealed June 30, 2025.
2417 (3) Section 35A-13-301, Title, is repealed October 1, 2024.
2418 (4) Section 35A-13-302, Governor's Committee on Employment of People with
2419 Disabilities, is repealed on October 1, 2024.
2420 Section 44. Section 63I-2-236 is amended to read:
2421 63I-2-236. Repeal dates: Title 36.
2422 (1) Section 36-12-8.2 is repealed July 1, 2024.
2423 (2) Section 36-29-107.5 is repealed on November 30, 2024.
2424 (3) Section 36-29-109 is repealed on November 30, 2027.
2425 (4) Section 36-29-110 is repealed on November 30, 2024.
2426 [
2427 [
2428 January 1, 2024:
2429 (a) Section 36-29-201;
2430 (b) Section 36-29-202; and
2431 (c) Section 36-29-203.
2432 [
2433 repealed December 31, 2023.
2434 Section 45. Section 63I-2-253 (Effective 07/01/24) is amended to read:
2435 63I-2-253 (Effective 07/01/24). Repeal dates: Titles 53 through 53G.
2436 (1) Subsection 53-1-104(1)(b), regarding the Air Ambulance Committee, is repealed
2437 July 1, 2024.
2438 (2) Section 53-1-118 is repealed on July 1, 2024.
2439 (3) Section 53-1-120 is repealed on July 1, 2024.
2440 (4) Section 53-2a-303, Statewide mutual aid committee, is repealed on October 1,
2441 2024.
2442 [
2443 1, 2024.
2444 (6) Section 53-2d-302, Trauma system advisory committee, is repealed on October 1,
2445 2024.
2446 [
2447 53-2d-702(1)(a) is amended to read:
2448 "(a) provide the patient or the patient's representative with the following information
2449 before contacting an air medical transport provider:
2450 (i) which health insurers in the state the air medical transport provider contracts with;
2451 (ii) if sufficient data is available, the average charge for air medical transport services
2452 for a patient who is uninsured or out of network; and
2453 (iii) whether the air medical transport provider balance bills a patient for any charge not
2454 paid by the patient's health insurer; and".
2455 [
2456 (9) The following sections creating and establishing the duties of the Private
2457 Investigator Hearing and Licensure Board, are repealed on October 1, 2024:
2458 (a) Section 53-9-104;
2459 (b) Section 53-9-105; and
2460 (c) Section 53-9-106.
2461 [
2462 [
2463 [
2464 repealed July 1, 2023.
2465 [
2466 [
2467 repealed on July 1, 2023:
2468 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2469 established under Sections 53B-8-202 through 53B-8-205";
2470 (b) Section 53B-8-202;
2471 (c) Section 53B-8-203;
2472 (d) Section 53B-8-204; and
2473 (e) Section 53B-8-205.
2474 [
2475 [
2476 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2477 [
2478 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2479 [
2480 is repealed July 1, 2024.
2481 [
2482 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2483 [
2484 is repealed July 1, 2024.
2485 [
2486 program, is repealed July 1, 2028.
2487 [
2488 [
2489 [
2490 Legislative Research and General Counsel shall, in addition to the office's authority under
2491 Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
2492 in this section are complete sentences and accurately reflect the office's perception of the
2493 Legislature's intent.
2494 Section 46. Section 63I-2-263 is amended to read:
2495 63I-2-263. Repeal dates: Title 63A through Title 63N.
2496 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
2497 Procurement Advisory Council is repealed July 1, 2025.
2498 (2) Section 63A-17-303 is repealed July 1, 2023.
2499 (3) Section 63A-17-806 is repealed June 30, 2026.
2500 (4) Section 63C-1-103, Appointment and terms of boards, committees, councils, and
2501 commissions transitioning on October 1, 2024, Ŝ→ [
2501a 2024, is repealed July 1, 2025 ←Ŝ .
2502 [
2503 Commission is repealed July 1, 2023.
2504 (6) Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed October 1,
2505 2024.
2506 [
2507 [
2508 safety communications network, is repealed July 1, 2033.
2509 [
2510 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
2511 (10) Section 63M-7-504, Crime Victim Reparations and Assistance Board -- Members,
2512 is repealed Ŝ→ [
2513 (11) Section 63M-7-505, Board and office within Commission on Criminal and
2514 Juvenile Justice, is repealed Ŝ→ [
2515 (12) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed
2516 Ŝ→ [
2517 [
2518 taxable year as the targeted business income tax credit, is repealed December 31, 2024.
2519 [
2520 Enterprise Zone, is repealed December 31, 2024.
2521 Section 47. Section 63M-7-202 is amended to read:
2522 63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
2523 United States Attorney as nonvoting member.
2524 (1) The State Commission on Criminal and Juvenile Justice is composed of [
2525 voting members as follows:
2526 (a) the chief justice of the supreme court, as the presiding officer of the judicial
2527 council, or a judge designated by the chief justice;
2528 (b) the state court administrator or the state court administrator's designee;
2529 (c) the executive director of the Department of Corrections or the executive director's
2530 designee;
2531 (d) the executive director of the Department of Health and Human Services or the
2532 executive director's designee;
2533 (e) the commissioner of the Department of Public Safety or the commissioner's
2534 designee;
2535 (f) the attorney general or an attorney designated by the attorney general;
2536 (g) the president of the chiefs of police association or a chief of police designated by
2537 the association's president;
2538 (h) the president of the sheriffs' association or a sheriff designated by the association's
2539 president;
2540 (i) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
2541 and Parole designated by the chair;
2542 (j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
2543 Commission designated by the chair;
2544 (k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
2545 member of the Utah Substance Use and Mental Health Advisory Council designated by the
2546 chair;
2547 (l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
2548 Juvenile Justice designated by the chair;
2549 (m) the chair of the Utah Victim Services Commission or a member of the Utah Victim
2550 Services Commission designated by the chair;
2551 [
2552
2553 [
2554 attorney designated by the executive director;
2555 [
2556 Indigent Defense Commission designated by the chair;
2557 [
2558 attorney; and
2559 [
2560 (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
2561 Judicial Council;
2562 (ii) a representative of the statewide association of public attorneys designated by the
2563 association's officers;
2564 (iii) one member of the House of Representatives who is appointed by the speaker of
2565 the House of Representatives; and
2566 (iv) one member of the Senate who is appointed by the president of the Senate.
2567 (2) The governor shall appoint the remaining five members to four-year staggered
2568 terms as follows:
2569 (a) one criminal defense attorney appointed from a list of three nominees submitted by
2570 the Utah State Bar Association;
2571 (b) one attorney who primarily represents juveniles in delinquency matters appointed
2572 from a list of three nominees submitted by the Utah Bar Association;
2573 (c) one representative of public education;
2574 (d) one citizen representative; and
2575 (e) a representative from a local faith who has experience with the criminal justice
2576 system.
2577 (3) In addition to the members designated under Subsections (1) and (2), the United
2578 States Attorney for the district of Utah or an attorney designated by the United States Attorney
2579 may serve as a nonvoting member.
2580 (4) In appointing the members under Subsection (2), the governor shall take into
2581 account the geographical makeup of the commission.
2582 Section 48. Section 63M-7-204 is amended to read:
2583 63M-7-204. Duties of commission.
2584 (1) The State Commission on Criminal and Juvenile Justice administration shall:
2585 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
2586 (b) promote the communication and coordination of all criminal and juvenile justice
2587 agencies;
2588 (c) study, evaluate, and report on the status of crime in the state and on the
2589 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
2590 reduction of crime in the state;
2591 (d) study, evaluate, and report on programs initiated by state and local agencies to
2592 address reducing recidivism, including changes in penalties and sentencing guidelines intended
2593 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
2594 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
2595 alternative to incarceration, as resources allow;
2596 (e) study, evaluate, and report on policies, procedures, and programs of other
2597 jurisdictions which have effectively reduced crime;
2598 (f) identify and promote the implementation of specific policies and programs the
2599 commission determines will significantly reduce crime in Utah;
2600 (g) provide analysis and recommendations on all criminal and juvenile justice
2601 legislation, state budget, and facility requests, including program and fiscal impact on all
2602 components of the criminal and juvenile justice system;
2603 (h) provide analysis, accountability, recommendations, and supervision for state and
2604 federal criminal justice grant money;
2605 (i) provide public information on the criminal and juvenile justice system and give
2606 technical assistance to agencies or local units of government on methods to promote public
2607 awareness;
2608 (j) promote research and program evaluation as an integral part of the criminal and
2609 juvenile justice system;
2610 (k) provide a comprehensive criminal justice plan annually;
2611 (l) review agency forecasts regarding future demands on the criminal and juvenile
2612 justice systems, including specific projections for secure bed space;
2613 (m) promote the development of criminal and juvenile justice information systems that
2614 are consistent with common standards for data storage and are capable of appropriately sharing
2615 information with other criminal justice information systems by:
2616 (i) developing and maintaining common data standards for use by all state criminal
2617 justice agencies;
2618 (ii) annually performing audits of criminal history record information maintained by
2619 state criminal justice agencies to assess their accuracy, completeness, and adherence to
2620 standards;
2621 (iii) defining and developing state and local programs and projects associated with the
2622 improvement of information management for law enforcement and the administration of
2623 justice; and
2624 (iv) establishing general policies concerning criminal and juvenile justice information
2625 systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
2626 Subsection (1)(m);
2627 (n) allocate and administer grants, from money made available, for approved education
2628 programs to help prevent the sexual exploitation of children;
2629 (o) allocate and administer grants for law enforcement operations and programs related
2630 to reducing illegal drug activity and related criminal activity;
2631 (p) request, receive, and evaluate data and recommendations collected and reported by
2632 agencies and contractors related to policies recommended by the commission regarding
2633 recidivism reduction, including the data described in Section 13-53-111 and Subsection
2634 26B-5-102(2)(l);
2635 (q) establish and administer a performance incentive grant program that allocates funds
2636 appropriated by the Legislature to programs and practices implemented by counties that reduce
2637 recidivism and reduce the number of offenders per capita who are incarcerated;
2638 (r) oversee or designate an entity to oversee the implementation of juvenile justice
2639 reforms;
2640 (s) make rules and administer the juvenile holding room standards and juvenile jail
2641 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
2642 pursuant to 42 U.S.C. Sec. 5633;
2643 (t) allocate and administer grants, from money made available, for pilot qualifying
2644 education programs;
2645 [
2646 [
2647 agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
2648 and 78A-2-109.5;
2649 [
2650 Committee on the progress made on each of the following goals of the Justice Reinvestment
2651 Initiative:
2652 (i) ensuring oversight and accountability;
2653 (ii) supporting local corrections systems;
2654 (iii) improving and expanding reentry and treatment services; and
2655 (iv) strengthening probation and parole supervision;
2656 [
2657 under Section 13-53-111 and Subsection 26B-5-102(2)(n) that:
2658 (i) separates the data provided under Section 13-53-111 by each residential, vocational
2659 and life skills program; and
2660 (ii) separates the data provided under Subsection 26B-5-102(2)(n) by each mental
2661 health or substance use treatment program;
2662 [
2663 website and annually provide the report to the Judiciary Interim Committee, the Health and
2664 Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
2665 Committee, and the related appropriations subcommittees; [
2666 [
2667 under:
2668 (i) Section 53-23-101;
2669 (ii) Section 53-24-102; and
2670 (iii) Section 53-26-101; and
2671 (z) review, research, advise, and make recommendations to the three branches of
2672 government regarding evidence-based sex offense management policies and practices,
2673 including supervision standards, treatment standards, and the sex offender registry.
2674 (2) (a) The commission may designate an entity to perform the duties described in this
2675 part.
2676 (b) If the commission designates an entity under Subsection [
2677 commission shall ensure that the membership of the designated entity includes representation
2678 from [
2679
2680
2681 implicated in the policy area.
2682 Section 49. Section 63M-7-218 is amended to read:
2683 63M-7-218. State grant requirements.
2684 Beginning July 1, 2023, the commission may not award any grant of state funds to any
2685 entity subject to, and not in compliance with, the reporting requirements in Subsections
2686 63A-16-1002(5)(a) through [
2687 Section 50. Section 63M-7-220 is enacted to read:
2688 63M-7-220. Domestic violence data collection.
2689 (1) As used in this section:
2690 (a) "Commission" means the State Commission on Criminal and Juvenile Justice
2691 created in Section 63M-7-201.
2692 (b) "Cohabitant abuse protective order" means an order issued with or without notice to
2693 the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective
2694 Orders.
2695 (c) "Lethality assessment" means an evidence-based assessment that is intended to
2696 identify a victim of domestic violence who is at a high risk of being killed by the perpetrator.
2697 (d) "Victim" means the same as that term is defined in Section 77-36-1.
2698 (2) Beginning July 1, 2025, each law enforcement agency and other organizations that
2699 provide domestic violence services within the state shall submit the following data to the
2700 commission for compilation and analysis in collaboration with the data collected by the
2701 Department of Public Safety in accordance with Section 77-36-2.1 and the Administrative
2702 Office of the Courts:
2703 (a) lethality assessments conducted in the state, including:
2704 (i) the type of lethality assessments used by law enforcement agencies and other
2705 organizations that provide domestic violence services; and
2706 (ii) training and protocols implemented by law enforcement agencies and the
2707 organizations described in Subsection (2)(a)(i) regarding the use of lethality assessments;
2708 (b) the data collection efforts implemented by law enforcement agencies and the
2709 organizations described in Subsection (2)(a)(i);
2710 (c) the number of cohabitant abuse protective orders that, in the immediately preceding
2711 calendar year, were:
2712 (i) issued;
2713 (ii) amended or dismissed before the date of expiration; and
2714 (iii) dismissed under Section 78B-7-605; and
2715 (d) the prevalence of domestic violence in the state and the prevalence of the following
2716 in domestic violence cases:
2717 (i) stalking;
2718 (ii) strangulation;
2719 (iii) violence in the presence of children; and
2720 (iv) threats of suicide or homicide.
2721 (3) The commission, in collaboration with domestic violence organizations and other
2722 related stakeholders, shall conduct a review of and provide feedback on:
2723 (a) lethality assessment training and protocols implemented by law enforcement
2724 agencies and the organizations described in Subsection (2)(a)(i); and
2725 (b) the collection of domestic violence data in the state, including:
2726 (i) coordination between state, local, and not-for-profit agencies to collect data from
2727 lethality assessments and on the prevalence of domestic violence, including the number of
2728 voluntary commitments of firearms under Section 53-5c-201;
2729 (ii) efforts to standardize the format for collecting domestic violence and lethality
2730 assessment data from state, local, and not-for-profit agencies subject to federal confidentiality
2731 requirements; and
2732 (iii) the need for any additional data collection requirements or efforts.
2733 (4) On or before November 30 of each year, the commission shall provide a written
2734 report to the Law Enforcement and Criminal Justice Interim Committee describing:
2735 (a) the information gathered under Subsections (2) and (3); or
2736 (b) the progress and assessment of available data under Subsections (2) and (3).
2737 Section 51. Section 63M-7-502 is amended to read:
2738 63M-7-502. Definitions.
2739 As used in this part:
2740 (1) "Accomplice" means an individual who has engaged in criminal conduct as
2741 described in Section 76-2-202.
2742 (2) "Advocacy services provider" means the same as that term is defined in Section
2743 77-38-403.
2744 [
2745
2746 [
2747 condition.
2748 [
2749 (a) a victim;
2750 (b) a dependent of a deceased victim; or
2751 (c) an individual or representative who files a reparations claim on behalf of a victim.
2752 [
2753 [
2754 loss otherwise reparable under this part that the victim or claimant has received, or that is
2755 readily available to the victim from:
2756 (a) the offender;
2757 (b) the insurance of the offender or the victim;
2758 (c) the United States government or any of its agencies, a state or any of its political
2759 subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
2760 state-funded programs;
2761 (d) social security, Medicare, and Medicaid;
2762 (e) state-required temporary nonoccupational income replacement insurance or
2763 disability income insurance;
2764 (f) workers' compensation;
2765 (g) wage continuation programs of any employer;
2766 (h) proceeds of a contract of insurance payable to the victim for the loss the victim
2767 sustained because of the criminally injurious conduct;
2768 (i) a contract providing prepaid hospital and other health care services or benefits for
2769 disability; or
2770 (j) veteran's benefits, including veteran's hospitalization benefits.
2771 [
2772 defined in Section 77-38-403.
2773 [
2774 declared means conduct that:
2775 (i) is or would be subject to prosecution in this state under Section 76-1-201;
2776 (ii) occurs or is attempted;
2777 (iii) causes, or poses a substantial threat of causing, bodily injury or death;
2778 (iv) is punishable by fine, imprisonment, or death if the individual engaging in the
2779 conduct possessed the capacity to commit the conduct; and
2780 (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
2781 aircraft, or water craft, unless the conduct is:
2782 (A) intended to cause bodily injury or death;
2783 (B) punishable under Title 76, Chapter 5, Offenses Against the Individual; or
2784 (C) chargeable as an offense for driving under the influence of alcohol or drugs.
2785 (b) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
2786 other conduct leading to the psychological injury of an individual resulting from living in a
2787 setting that involves a bigamous relationship.
2788 [
2789 partially legally responsible for care or support.
2790 (b) "Dependent" includes a child of the victim born after the victim's death.
2791 [
2792 contributions of things of economic value to the victim's dependent, not including services the
2793 dependent would have received from the victim if the victim had not suffered the fatal injury,
2794 less expenses of the dependent avoided by reason of victim's death.
2795 [
2796 necessarily incurred by the dependent after the victim's death in obtaining services in lieu of
2797 those the decedent would have performed for the victim's benefit if the victim had not suffered
2798 the fatal injury, less expenses of the dependent avoided by reason of the victim's death and not
2799 subtracted in calculating the dependent's economic loss.
2800 [
2801 [
2802 punishment to be imposed upon an individual:
2803 (a) convicted of a crime;
2804 (b) found delinquent; or
2805 (c) against whom a finding of sufficient facts for conviction or finding of delinquency
2806 is made.
2807 [
2808 allowable expense, work loss, replacement services loss, and if injury causes death, dependent's
2809 economic loss and dependent's replacement service loss.
2810 (b) "Economic loss" includes economic detriment even if caused by pain and suffering
2811 or physical impairment.
2812 (c) "Economic loss" does not include noneconomic detriment.
2813 [
2814 is a victim.
2815 [
2816 misrepresentation of fact and intended to deceive the reparations staff for the purpose of
2817 obtaining reparation funds for which the claimant is not eligible.
2818 [
2819 63M-7-526.
2820 [
2821 harm, or a threat of violence or physical harm, that is committed by an individual who is or has
2822 been in a domestic, dating, sexual, or intimate relationship with the victim.
2823 (b) "Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
2824 described in Subsection [
2825 [
2826 Section 53-13-103.
2827 [
2828 document criminally injurious conduct.
2829 (b) "Medical examination" does not include mental health evaluations for the
2830 prosecution and investigation of a crime.
2831 [
2832 necessitated as a result of criminally injurious conduct, is subject to rules made by the [
2833 office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2834 [
2835 injury or death of the victim as provided by rules made by the [
2836 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2837 [
2838 impairment, and other nonpecuniary damage, except as provided in this part.
2839 [
2840 term is defined in Section 77-38-403.
2841 [
2842 except as otherwise provided in this part.
2843 [
2844 Code, through criminally injurious conduct regardless of whether the individual is arrested,
2845 prosecuted, or convicted.
2846 [
2847 [
2848 other staff employed for the purpose of carrying out the provisions of this part.
2849 [
2850 criminally injurious conduct.
2851 [
2852 or to another on behalf of a claimant after the day on which a reparations claim is approved by
2853 the office.
2854 [
2855 office for a reparations award.
2856 [
2857 investigate claims of victims and award reparations under this part.
2858 (b) "Reparations officer" includes the director when the director is acting as a
2859 reparations officer.
2860 [
2861 incurred in obtaining ordinary and necessary services in lieu of those the injured individual
2862 would have performed, not for income but the benefit of the injured individual or the injured
2863 individual's dependents if the injured individual had not been injured.
2864 [
2865 guardian, attorney, conservator, executor, or an heir of an individual.
2866 (b) "Representative" does not include a service provider or collateral source.
2867 [
2868 [
2869 the criminally injurious conduct subject to rules made by the [
2870 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2871 [
2872 a victim for a monetary fee, except attorneys as provided in Section 63M-7-524.
2873 [
2874 76-1-101.5.
2875 [
2876 5, Part 4, Sexual Offenses.
2877 [
2878 violence that:
2879 (a) impedes breathing or the circulation of blood; and
2880 (b) is likely to produce a loss of consciousness by:
2881 (i) applying pressure to the neck or throat of an individual; or
2882 (ii) obstructing the nose, mouth, or airway of an individual.
2883 [
2884 Section 76-1-101.5.
2885 [
2886 or death as a direct result of:
2887 (i) criminally injurious conduct; or
2888 (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201.1 if
2889 the individual is a minor.
2890 (b) "Victim" does not include an individual who participated in or observed the judicial
2891 proceedings against an offender unless otherwise provided by statute or rule made in
2892 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2893 [
2894 have performed if the injured victim had not been injured and expenses reasonably incurred by
2895 the injured victim in obtaining services in lieu of those the injured victim would have
2896 performed for income, reduced by any income from substitute work the injured victim was
2897 capable of performing but unreasonably failed to undertake.
2898 Section 52. Section 63M-7-506 is amended to read:
2899 63M-7-506. Duties of the office.
2900 (1) The [
2901 [
2902 [
2903 [
2904 and Juvenile Justice, adopt rules to implement and administer this part in accordance with Title
2905 63G, Chapter 3, Utah Administrative Rulemaking Act, which may include setting of ceilings
2906 on reparations, defining of terms not specifically stated in this part, and establishing of rules
2907 governing attorney fees;
2908 [
2909 [
2910
2911 [
2912 and the board's activities;
2913 [
2914 standards for the uniform application of Section 63M-7-509, taking into consideration the rates
2915 and amounts of reparation payable for injuries and death under other laws of this state and the
2916 United States;
2917 [
2918 for reparations claims;
2919 [
2920 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, once
2921 a sufficient reserve has been established for reparation claims; and
2922 [
2923 on Criminal and Juvenile Justice, allocate and disburse funds made available to the office by
2924 the United States, the state, foundations, corporations, or other entities or individuals to
2925 subgrantees from private, non-profit, and governmental entities operating qualified statewide
2926 assistance programs.
2927 (2) All rules, or other statements of policy, along with application forms specified by
2928 the [
2929 and other staff.
2930 Section 53. Section 63M-7-507 is amended to read:
2931 63M-7-507. Director -- Appointment and functions -- Office duties.
2932 (1) The executive director of the Commission on Criminal and Juvenile Justice[
2933
2934 (2) The director shall:
2935 (a) be an experienced administrator with a background in at least one of the following
2936 fields:
2937 (i) social work;
2938 (ii) psychology;
2939 (iii) criminal justice;
2940 (iv) law; or
2941 (v) another field related to the fields described in Subsections (2)(a)(i) through (iv);
2942 (b) demonstrate an understanding of the needs of crime victims and of services to
2943 victims; and
2944 (c) devote the director's time and capacity to the director's duties.
2945 (3) In addition to the requirements under Subsection (2), the director shall:
2946 (a) hire staff, including reparations and assistance officers, as necessary;
2947 (b) act when necessary as a reparations officer in deciding an initial reparations claim;
2948 (c) possess the same investigation and decision-making authority as the reparations
2949 officers;
2950 (d) hear appeals from the decisions of the reparations officers, unless the director acted
2951 as a reparations officer on the initial reparations claim;
2952 [
2953 [
2954 [
2955 by the staff of the [
2956 [
2957 the funds in the fund to be invested and the fund's investments sold or exchanged and the
2958 proceeds and income collected;
2959 [
2960 in conformance with policies adopted by the [
2961 the United States, the state, foundations, corporations, and other businesses, agencies, or
2962 individuals;
2963 [
2964 and
2965 [
2966
2967 (4) The director may request assistance from the Commission on Criminal and Juvenile
2968 Justice, the Department of Public Safety, and other state agencies in conducting research or
2969 monitoring victims' programs.
2970 Section 54. Section 63M-7-508 is amended to read:
2971 63M-7-508. Reparations officers.
2972 The reparations officers shall in addition to any assignments made by the director:
2973 (1) hear and determine all matters relating to a reparations claim and reinvestigate or
2974 reopen a reparations claim without regard to statutes of limitation or periods of prescription;
2975 (2) obtain from prosecuting attorneys, law enforcement officers, and other criminal
2976 justice agencies, investigations and data to enable the reparations officer to determine whether
2977 and to what extent a claimant qualifies for reparations;
2978 (3) as determined necessary by the reparations officers, hold hearings, administer oaths
2979 or affirmations, examine any individual under oath or affirmation, issue subpoenas requiring
2980 the attendance and giving of testimony of witnesses, require the production of any books,
2981 papers, documents, or other evidence which may contribute to the reparations officer's ability
2982 to determine particular reparation awards;
2983 (4) determine who is a victim or dependent;
2984 (5) award reparations or other benefits determined to be due under this part and the
2985 rules of the [
2986 Rulemaking Act;
2987 (6) take notice of judicially recognized facts and general, technical, and scientific facts
2988 within the reparations officers' specialized knowledge;
2989 (7) advise and assist [
2990 and interests of crime victims;
2991 (8) render periodic reports as requested by the [
2992 Juvenile Justice concerning:
2993 (a) the reparations officers' activities; and
2994 (b) the manner in which the rights, needs, and interests of crime victims are being
2995 addressed by the state's criminal justice system;
2996 (9) establish priorities for assisting elderly victims of crime or those victims facing
2997 extraordinary hardships;
2998 (10) cooperate with the State Commission on Criminal and Juvenile Justice to develop
2999 information regarding crime victims' problems and programs; and
3000 (11) assist the director in publicizing the provisions of the office, including the
3001 procedures for obtaining reparation, and in encouraging law enforcement agencies, health
3002 providers, and other related officials to take reasonable care to ensure that victims are informed
3003 about the provisions of this part and the procedure for applying for reparation.
3004 Section 55. Section 63M-7-511 is amended to read:
3005 63M-7-511. Compensable losses and amounts.
3006 A reparations award under this part may be made if:
3007 (1) the reparations officer finds the reparations claim satisfies the requirements for the
3008 reparations award under the provisions of this part and the rules of the [
3009 (2) money is available in the fund;
3010 (3) the individual for whom the reparations award is to be paid is otherwise eligible
3011 under this part; and
3012 (4) the reparations claim is for an allowable expense incurred by the victim, as follows:
3013 (a) reasonable and necessary charges incurred for products, services, and
3014 accommodations;
3015 (b) inpatient and outpatient medical treatment and physical therapy, subject to rules
3016 made by the [
3017 Rulemaking Act;
3018 (c) mental health counseling that:
3019 (i) is set forth in a mental health treatment plan that is approved before any payment is
3020 made by a reparations officer; and
3021 (ii) qualifies within any further rules made by the [
3022 Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
3023 (d) actual loss of past earnings and anticipated loss of future earnings because of a
3024 death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the
3025 individual's weekly gross salary or wages or the maximum amount allowed under the state
3026 workers' compensation statute;
3027 (e) care of minor children enabling a victim or spouse of a victim, but not both, to
3028 continue gainful employment at a rate per child per week as determined under rules established
3029 by the [
3030 Rulemaking Act;
3031 (f) funeral and burial expenses for death caused by the criminally injurious conduct,
3032 subject to rules made by the [
3033 Administrative Rulemaking Act;
3034 (g) loss of support to a dependent not otherwise compensated for a pecuniary loss for
3035 personal injury, for as long as the dependence would have existed had the victim survived, at a
3036 rate not to exceed 66-2/3% of the individual's weekly salary or wages or the maximum amount
3037 allowed under the state workers' compensation statute, whichever is less;
3038 (h) personal property necessary and essential to the health or safety of the victim as
3039 defined by rules made by the [
3040 Administrative Rulemaking Act;
3041 (i) medical examinations, subject to rules made by the [
3042 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may allow for
3043 exemptions from Sections 63M-7-509, 63M-7-512, and 63M-7-513; and
3044 (j) for a victim of sexual assault who becomes pregnant from the sexual assault, health
3045 care:
3046 (i) for the victim during the duration of the victim's pregnancy if the health care is
3047 related to or resulting from the sexual assault or the pregnancy; and
3048 (ii) for the victim and the victim's child for one year after the day on which the victim's
3049 child is born.
3050 Section 56. Section 63M-7-516 is amended to read:
3051 63M-7-516. Waiver of privilege.
3052 (1) (a) A victim who is a claimant waives any privilege as to communications or
3053 records relevant to an issue of the physical, mental, or emotional conditions of the victim
3054 except for the attorney-client privilege.
3055 (b) The waiver described in Subsection (1)(a) applies only to reparations officers, the
3056 director, the [
3057 (2) A claimant may be required to supply any additional medical or psychological
3058 reports available relating to the injury or death for which compensation is claimed.
3059 (3) (a) The reparations officer hearing a reparations claim or an appeal from a
3060 reparations claim shall make available to the claimant a copy of the report.
3061 (b) If the victim is deceased, the director or the director's appointee, on request, shall
3062 furnish the claimant a copy of the report unless dissemination of that copy is prohibited by law.
3063 Section 57. Section 63M-7-517 is amended to read:
3064 63M-7-517. Additional testing.
3065 (1) If the mental, physical, or emotional condition of a victim is material to a
3066 reparations claim, the reparations officer, director, the assistant director reparations program
3067 manager, or chair of the board who hears the reparations claim or the appeal may order the
3068 claimant to submit to a mental or physical examination by a physician or psychologist and may
3069 recommend to the court to order an autopsy of a deceased victim.
3070 (2) The court may order an additional examination for good cause shown and shall
3071 provide notice to the individual to be examined and the individual's representative.
3072 (3) All reports from additional examinations shall set out findings, including results of
3073 all tests made, diagnoses, prognoses, other conclusions, and reports of earlier examinations of
3074 the same conditions.
3075 (4) A copy of the report shall be made available to the victim or the representative of
3076 the victim unless dissemination of that copy is prohibited by law.
3077 Section 58. Section 63M-7-519 is amended to read:
3078 63M-7-519. Assignment of recovery -- Reimbursement.
3079 (1) (a) By accepting a reparations award, the victim:
3080 (i) automatically assigns to the office any claim the victim may have relating to
3081 criminally injurious conduct in the reparations claim; and
3082 (ii) is required to reimburse the office if the victim recovers any money relating to the
3083 criminally injurious conduct.
3084 (b) The office's right of assignment and reimbursement under Subsection (1)(a) is
3085 limited to the lesser of:
3086 (i) the amount paid by the office; or
3087 (ii) the amount recovered by the victim from the third party.
3088 (c) The office may be reimbursed under Subsection (1)(a) regardless of whether the
3089 office exercises the office's right of assignment under Subsection (1)(a).
3090 (2) The [
3091 Justice, with the concurrence of the director, may reduce the office's right of reimbursement if
3092 the [
3093 (a) the reduction will benefit the fund; or
3094 (b) the victim has ongoing expenses related to the offense upon which the reparations
3095 claim is based and the benefit to the victim of reducing the office's right of reimbursement
3096 exceeds the benefit to the office of receiving full reimbursement.
3097 (3) The office reserves the right to make a claim for reimbursement on behalf of the
3098 victim and the victim may not impair the office's claim or the office's right of reimbursement.
3099 Section 59. Section 63M-7-521.5 is amended to read:
3100 63M-7-521.5. Payments to medical service providers.
3101 (1) (a) Except as provided in Subsection (2), a medical service provider who accepts
3102 payment from the office shall agree to accept payments as payment in full on behalf of the
3103 victim or claimant and may not attempt to collect further payment from the victim or the
3104 claimant for services for which the office has made payment.
3105 (b) In the event the office is unable to make full payment in accordance with the
3106 office's rules, the medical service provider may collect from the victim or claimant, but not
3107 more than the amount the provider would have received from the office.
3108 (2) (a) When a medical service provider receives notice that a reparations claim has
3109 been filed, the medical service provider may not, before the office determines whether to issue
3110 a reparations award, engage in debt collection for the claim, including:
3111 (i) repeatedly calling or writing to a victim and threatening to refer unpaid health care
3112 costs to a debt collection agency, attorney, or other person for collection; or
3113 (ii) filing for or pursuing a legal remedy for payment of unpaid health care costs.
3114 (b) The statute of limitations for collecting a debt is tolled during the time in which a
3115 request for a reparations award is being reviewed by the office.
3116 (3) The office may:
3117 (a) use the fee schedule utilized by the Utah Public Employees Health Plan or any other
3118 fee schedule adopted by the [
3119 (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
3120 Rulemaking Act, necessary to implement the fee schedule adopted in accordance with this
3121 section.
3122 Section 60. Section 63M-7-522 is amended to read:
3123 63M-7-522. Emergency reparations award.
3124 (1) If the reparations officer determines that the claimant will suffer financial hardship
3125 unless an emergency reparations award is made, and it appears likely that a final reparations
3126 award will be made, an amount may be paid to the claimant, to be deducted from the final
3127 reparations award or repaid by and recoverable from the claimant to the extent that it exceeds
3128 the final reparations award.
3129 (2) The [
3130 any amount the [
3131 Section 61. Section 63M-7-525 is amended to read:
3132 63M-7-525. Purpose -- Not entitlement program.
3133 (1) (a) The purpose of the office is to assist victims of criminally injurious conduct
3134 who may be eligible for assistance from the fund.
3135 (b) Reparation to a victim under this part is limited to the money available in the fund.
3136 (2) (a) The assistance program described in Subsection (1) is not an entitlement
3137 program.
3138 (b) A reparations award may be limited or denied as determined appropriate by the
3139 [
3140 (c) Failure to grant a reparations award does not create a cause of action against the
3141 office, the state, or any of its subdivisions and there is no right to judicial review over the
3142 decision whether or not to grant a reparations award.
3143 (3) A cause of action based on a failure to give or receive the notice required by this
3144 part does not accrue to any person against the state, any of its agencies or local subdivisions,
3145 any of their law enforcement officers or other agents or employees, or any health care or
3146 medical provider or its agents or employees nor does it affect or alter any requirement for filing
3147 or payment of a reparations claim.
3148 Section 62. Section 63M-7-902 is amended to read:
3149 63M-7-902. Creation -- Membership -- Terms -- Vacancies -- Expenses.
3150 (1) There is created the Utah Victim Services Commission within the State
3151 Commission on Criminal and Juvenile Justice.
3152 (2) The commission is composed of the following members:
3153 (a) the executive director of the State Commission on Criminal and Juvenile Justice or
3154 the executive director's designee;
3155 (b) the director of the Utah Office for Victims of Crime or the director's designee;
3156 [
3157
3158 [
3159 director's designee;
3160 [
3161 [
3162 executive director's designee;
3163 [
3164 the executive director's designee;
3165 [
3166 director's designee;
3167 [
3168 Attorney General or the director's designee;
3169 [
3170
3171 [
3172 [
3173 designee;
3174 [
3175 advice and consent of the Senate;
3176 [
3177 of the Senate;
3178 [
3179 consent of the Senate;
3180 [
3181 Chiefs of Police Association, appointed by the governor with the advice and consent of the
3182 Senate; and
3183 [
3184
3185 [
3186
3187
3188 Representatives or senator from the Senate, appointed jointly by the speaker of the House of
3189 Representatives and president of the Senate.
3190 [
3191
3192 (3) (a) A member appointed under Subsections [
3193 shall serve a four-year term.
3194 (b) A member appointed to serve a four-year term is eligible for reappointment.
3195 (4) When a vacancy occurs in the membership of the commission for any reason, the
3196 replacement shall be appointed by the applicable appointing authority for the remainder of the
3197 unexpired term of the original appointment.
3198 (5) Except as otherwise provided in Subsection [
3199 compensation for the member's service but may receive per diem and reimbursement for travel
3200 expenses incurred as a member at the rates established by:
3201 (a) Section 63A-3-106;
3202 (b) Section 63A-3-107; and
3203 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
3204 63A-3-107.
3205 (6) A member may not receive per diem or reimbursement for travel expenses under
3206 Subsection (5) if the member is being paid by a governmental entity while performing the
3207 member's service on the commission.
3208 Section 63. Section 63M-7-904 is amended to read:
3209 63M-7-904. Duties of the commission -- Report.
3210 (1) The commission shall:
3211 (a) advocate for the adoption, repeal, or modification of laws or proposed legislation in
3212 the interest of victims of crime;
3213 (b) make recommendations to the Legislature, the governor, and the Judicial Council
3214 on the following:
3215 (i) enforcing existing rights of victims of crime;
3216 (ii) enhancing rights of victims of crime;
3217 (iii) the role of victims of crime in the criminal justice system;
3218 (iv) victim restitution;
3219 (v) educating and training criminal justice professionals on the rights of victims of
3220 crime; and
3221 (vi) enhancing services to victims of crimes; and
3222 (c) provide training on the rights of victims of crime.
3223 (2) The commission shall, in partnership with state agencies and organizations,
3224 including the Children's Justice Center Program, the Utah Office for Victims of Crime, [
3225
3226 (a) review and assess the duties and practices of the State Commission on Criminal and
3227 Juvenile Justice regarding services and criminal justice policies pertaining to victims;
3228 (b) encourage and facilitate the development and coordination of trauma-informed
3229 services for crime victims throughout the state;
3230 (c) encourage and foster public and private partnerships for the purpose of:
3231 (i) assessing needs for crime victim services throughout the state;
3232 (ii) developing crime victim services and resources throughout the state; and
3233 (iii) coordinating crime victim services and resources throughout the state;
3234 (d) generate unity for ongoing efforts to reduce and eliminate the impact of crime on
3235 victims through a comprehensive and evidence-based prevention, treatment, and justice
3236 strategy;
3237 (e) recommend and support the creation, dissemination, and implementation of
3238 statewide policies and plans to address crimes, including domestic violence, sexual violence,
3239 child abuse, and driving under the influence of drugs and alcohol;
3240 [
3241
3242 [
3243 prevention efforts, including the sources, disbursement, and outcomes of statewide funding for
3244 crime victim services and prevention efforts;
3245 [
3246 [
3247 (i) the duties and practices of the State Commission on Criminal and Juvenile Justice
3248 to ensure that:
3249 (A) crime victims are a vital part of the criminal justice system of the state;
3250 (B) all crime victims and witnesses are treated with dignity, respect, courtesy, and
3251 sensitivity; and
3252 (C) the rights of crime victims and witnesses are honored and protected by law in a
3253 manner no less vigorous than protections afforded to criminal defendants; and
3254 (ii) statewide funding for crime victim services and prevention efforts.
3255 [
3256 (a) subject to court rules and the governor's approval, advocate in an appellate court on
3257 behalf of a victim of crime;
3258 (b) recommend to the Legislature the services to be funded by the Victim Services
3259 Restricted Account;
3260 (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
3261 Rulemaking Act, regarding the process by which a victim, or a representative of a victim, may
3262 submit a complaint alleging a violation of the victim's rights; and
3263 (d) review any action taken by a district victims' rights committee.
3264 [
3265 the State Commission on Criminal and Juvenile Justice, the governor, the Judicial Council, the
3266 Executive Offices and Criminal Justice Appropriations Subcommittee, the Health and Human
3267 Services Interim Committee, the Judiciary Interim Committee, and the Law Enforcement and
3268 Criminal Justice Interim Committee.
3269 [
3270 respect that a state agency is bound to follow state law and may have duties or responsibilities
3271 imposed by state law.
3272 Section 64. Section 63N-4-502 is amended to read:
3273 63N-4-502. Definitions.
3274 As used in this part:
3275 [
3276
3277 [
3278 individuals with the infrastructure and equipment to participate in the online workforce.
3279 [
3280 education.
3281 [
3282 Center Grant Program created in Section 63N-4-503.
3283 [
3284 Program created in Section 63N-4-503.
3285 [
3286 Davis, Weber, Washington, Cache, Tooele, and Summit counties.
3287 Section 65. Section 63N-4-504 is amended to read:
3288 63N-4-504. Requirements for awarding a working hubs grant.
3289 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3290 office shall make rules establishing the eligibility and reporting criteria for an entity to receive
3291 a grant under this part, including:
3292 (a) the form and process of submitting an application to the office for a grant;
3293 (b) which entities are eligible to apply for a grant;
3294 (c) the method and formula for determining grant amounts; and
3295 (d) the reporting requirements of grant recipients.
3296 (2) In determining the award of a grant, the office may prioritize projects:
3297 (a) that will serve underprivileged or underserved communities, including communities
3298 with high unemployment or low median incomes;
3299 (b) where an applicant demonstrates comprehensive planning of the project but has
3300 limited access to financial resources, including financial resources from local or county
3301 government; and
3302 (c) that maximize economic development opportunities in collaboration with the
3303 economic development needs or plans of an educational institution, a county, and a
3304 municipality.
3305 (3) Subject to legislative appropriation, a grant may only be awarded by the executive
3306 director [
3307 (4) A grant may only be awarded under this part:
3308 (a) if the grant recipient agrees to provide any combination of funds, land, buildings, or
3309 in-kind work in an amount equal to at least 25% of the grant;
3310 (b) if the grant recipient agrees not to use grant money for the ongoing operation or
3311 maintenance of a coworking and innovation center; and
3312 (c) in an amount no more than $500,000 to a grant applicant.
3313 Section 66. Section 73-3d-201 is amended to read:
3314 73-3d-201. Declaration of a temporary water shortage emergency by the
3315 governor.
3316 (1) (a) Subject to the requirements of this section, the governor may declare a
3317 temporary water shortage emergency by issuing an executive order if, on the governor's own
3318 initiative or at the request of a person entitled to make a request, the governor determines that
3319 an existing or imminent short-term interruption of water delivery in this state caused by
3320 manmade or natural causes other than drought:
3321 (i) threatens:
3322 (A) the availability or quality of an essential water supply or water supply
3323 infrastructure; or
3324 (B) the operation of the economy; and
3325 (ii) because of the threats described in Subsection (1)(a)(i), jeopardizes the peace,
3326 health, safety, or welfare of the people of this state.
3327 (b) The governor may only issue the executive order declaring a temporary water
3328 shortage emergency described in Subsection (1)(a):
3329 (i) with the advice and recommendation of the state engineer; and
3330 (ii) in consultation with the emergency management administration [
3331 council created by Section 53-2a-105.
3332 (c) An executive order issued under this Subsection (1) shall state with specificity:
3333 (i) the nature of the interruption of water supply;
3334 (ii) subject to Subsection (2), the time period for which the temporary water shortage
3335 emergency is declared;
3336 (iii) a description of the geographic area that is subject to the executive order;
3337 (iv) a list of the specific persons entitled to make a request who may exercise the
3338 preferential use of water under Section 73-3d-301 during the effective period of the temporary
3339 water shortage emergency; and
3340 (v) the purposes outlined in Subsection 73-3d-301(1) for which a person who is
3341 described in Subsection (1)(c)(iv) may take the water subject to Section 73-3d-301.
3342 (d) Before providing a recommendation to the governor under Subsection (1)(b)(i), the
3343 state engineer shall require a person entitled to make a request who is described in Subsection
3344 (1)(c)(iv) to provide a written statement describing how the person entitled to make a request
3345 has exhausted other reasonable means to acquire water.
3346 (e) A person entitled to make a request who is described in Subsection (1)(c)(iv) may
3347 take water preferentially during a temporary water shortage emergency only for a purpose
3348 authorized by the executive order.
3349 (f) (i) Within seven calendar days of the day on which the governor issues an executive
3350 order declaring a temporary water shortage emergency, the Legislative Management
3351 Committee shall:
3352 (A) review the executive order;
3353 (B) advise the governor on the declaration of a temporary water shortage emergency;
3354 and
3355 (C) recommend to the Legislature whether the executive order should be kept as issued
3356 by the governor, extended, or terminated.
3357 (ii) The failure of the Legislative Management Committee to meet as required by
3358 Subsection (1)(f)(i) does not affect the validity of the executive order declaring a temporary
3359 water shortage emergency.
3360 (2) (a) The governor shall state in an executive order declaring a temporary water
3361 shortage emergency the time period for which the temporary water shortage emergency is
3362 declared, except that the governor may not declare a temporary water shortage emergency for
3363 longer than 30 days after the date the executive order is issued.
3364 (b) The governor may terminate an executive order declaring a temporary water
3365 shortage emergency before the expiration of the time period stated in the executive order.
3366 (c) An executive order declaring a temporary water emergency issued by the governor
3367 within 30 days of the expiration or termination of a prior executive order for the same
3368 emergency is considered an extension subject to Subsection (2)(e).
3369 (d) The Legislature may extend the time period of an executive order declaring a
3370 temporary water shortage emergency by joint resolution, except that the Legislature may not
3371 extend a temporary water shortage emergency for longer than one year from the day on which
3372 the executive order declaring a temporary water shortage emergency is issued.
3373 (e) An executive order declaring a temporary water shortage emergency may be
3374 renewed or extended only by joint resolution of the Legislature.
3375 Section 67. Section 80-2-402 is amended to read:
3376 80-2-402. Child welfare training coordinator -- Mandatory education and
3377 training of child welfare caseworkers -- Development of curriculum.
3378 (1) There is created within the division a full-time position of a child welfare training
3379 coordinator.
3380 (2) The child welfare training coordinator is not responsible for direct casework
3381 services or the supervision of casework services, but is required to:
3382 (a) develop child welfare curriculum that:
3383 (i) is current and effective, consistent with the division's mission and purpose for child
3384 welfare; and
3385 (ii) utilizes curriculum and resources from a variety of sources including those from:
3386 (A) the public sector;
3387 (B) the private sector; and
3388 (C) inside and outside of the state;
3389 (b) recruit, select, and supervise child welfare trainers;
3390 (c) develop a statewide training program, including a budget and identification of
3391 sources of funding to support that training;
3392 (d) evaluate the efficacy of training in improving job performance;
3393 (e) assist child protective services and foster care workers in developing and fulfilling
3394 their individual training plans;
3395 (f) monitor staff compliance with division training requirements and individual training
3396 plans; and
3397 (g) expand the collaboration between the division and schools of social work within
3398 institutions of higher education in developing child welfare services curriculum, and in
3399 providing and evaluating training.
3400 (3) The director shall, with the assistance of the child welfare training coordinator,
3401 establish and ensure child welfare caseworker competency regarding a core curriculum for
3402 child welfare services that:
3403 (a) is driven by child safety and family well-being;
3404 (b) emphasizes child and family voice;
3405 (c) [
3406 procedure, program, or practice that demonstrates an ability to minimize retraumatization
3407 associated with the criminal and juvenile justice system; and
3408 (d) is consistent with national child welfare practice standards.
3409 (4) A child welfare caseworker shall complete training in:
3410 (a) the legal duties of a child welfare caseworker;
3411 (b) the responsibility of a child welfare caseworker to protect the safety and legal rights
3412 of children, parents, and families at all stages of a case, including:
3413 (i) initial contact;
3414 (ii) safety and risk assessment, as described in Section 80-2-403; and
3415 (iii) intervention;
3416 (c) recognizing situations involving:
3417 (i) substance abuse;
3418 (ii) domestic violence;
3419 (iii) abuse; and
3420 (iv) neglect; and
3421 (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of
3422 the United States to the child welfare caseworker's job, including:
3423 (i) search and seizure of evidence;
3424 (ii) the warrant requirement;
3425 (iii) exceptions to the warrant requirement; and
3426 (iv) removing a child from the custody of the child's parent or guardian.
3427 (5) The division shall train the division's child welfare caseworkers to:
3428 (a) apply the risk assessment tools and rules described in Subsection 80-1-102(83); and
3429 (b) develop child and family plans that comply with:
3430 (i) federal mandates; and
3431 (ii) the specific needs of the child and the child's family.
3432 (6) The division shall use the training of child welfare caseworkers to emphasize:
3433 (a) the importance of maintaining the parent-child relationship;
3434 (b) the preference for providing in-home services over taking a child into protective
3435 custody, both for the emotional well-being of the child and the efficient allocation of resources;
3436 and
3437 (c) the importance and priority of:
3438 (i) kinship placement in the event a child must be taken into protective custody; and
3439 (ii) guardianship placement, in the event the parent-child relationship is legally
3440 terminated and no appropriate adoptive placement is available.
3441 (7) If a child welfare caseworker is hired, before assuming independent casework
3442 responsibilities, the division shall ensure that the child welfare caseworker has:
3443 (a) completed the training described in Subsections (4), (5), and (6); and
3444 (b) participated in sufficient skills development for a child welfare caseworker.
3445 Section 68. Repealer.
3446 This bill repeals:
3447 Section 26B-1-403, Opioid and Overdose Fatality Review Committee.
3448 Section 26B-1-407 (Superseded 07/01/24), Stroke registry advisory committee.
3449 Section 26B-1-408 (Superseded 07/01/24), Cardiac registry advisory committee.
3450 Section 26B-1-419, Utah Health Care Workforce Financial Assistance Program
3451 Advisory Committee -- Membership -- Compensation -- Duties.
3452 Section 35A-13-504, Appointment of advisory council.
3453 Section 53-2d-903 (Effective 07/01/24), Stroke registry advisory committee.
3454 Section 53-2d-904 (Effective 07/01/24), Cardiac registry advisory committee.
3455 Section 53-11-125, Exemptions from licensure.
3456 Section 63M-7-209 (Superseded 07/01/24), Trauma-informed justice program.
3457 Section 63M-7-209 (Effective 07/01/24), Trauma-informed justice program.
3458 Section 63N-4-505, Rural Online Working Hubs Grant Advisory Committee --
3459 Membership -- Duties -- Expenses.
3460 Section 69. Effective date.
3461 (1) Except as provided in Subsections (2) through Ŝ→ [
3461a October
3462 1, 2024.
3463 (2) The actions affecting the following sections take effect on May 1, 2024:
3464 (a) Section 26B-1-204 (Superseded 07/01/24);
3465 (b) Section 26B-1-403;
3466 (c) Section 26B-1-407;
3467 (d) Section 26B-1-408;
3468 (e) Section 26B-1-419;
3469 (f) Section 26B-4-702;
3470 (g) Section 35A-13-504;
3471 (h) Section 52-4-205;
3472 (i) Section 53-2d-903;
3473 (j) Section 53-2d-904;
3474 (k) Section 53-11-125;
3475 (l) Section 63A-16-1002;
3476 (m) Section 63C-1-103;
3477 (n) Section 63I-1-209;
3478 (o) Section 63I-1-235;
3479 (p) Section 63I-1-236;
3480 (q) Section 63I-1-253 (Superseded 07/01/24);
3481 (r) Section 63I-1-263;
3482 (s) Section 63I-2-209;
3483 (t) Section 63I-2-226 (Superseded 07/01/24);
3484 (u) Section 63I-2-235;
3485 (v) Section 63I-2-236;
3486 (x) Section 63I-2-263;
3487 (y) Section 63M-7-204;
3488 (z) Section 63M-7-209 (Superseded 07/01/24);
3489 (aa) Section 63M-7-218;
3490 (bb) Section 63M-7-220;
3491 (cc) Section 63N-4-502;
3492 (dd) Section 63N-4-504;
3493 (ee) Section 63N-4-505;
3494 (ff) Section 73-3d-201; and
3495 (gg) Section 80-2-402.
3496 (3) The actions affecting the following sections take effect on July 1, 2024:
3497 (a) Section 26B-1-204 (Effective 07/01/24);
3498 (c) Section 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25);
3499 (d) Section 63I-2-226 (Effective 07/01/24);
3500 (e) Section 63I-2-253 (Effective 07/01/24); and
3501 (f) Section 63M-7-209 (Effective 07/01/24).
3502 (4) The actions affecting Section 63I-1-253 (Contingently Effective 01/01/25)
3503 contingently take effect on January 1, 2025.
3503a Ŝ→ (5) The actions affecting the following sections take effect on December 31, 2024:
3503b (a) Section 26B-1-202;
3503c (b) Section 53-1-106;
3503d (c) Section 53B-28-402;
3503e (d) Section 63M-7-202;
3503f (e) Section 63M-7-502;
3503g (f) Section 63M-7-506;
3503h (g) Section 63M-7-507;
3503i (h) Section 63M-7-508;
3503j (i) Section 63M-7-511;
3503k (j) Section 63M-7-516;
3503l (k) Section 63M-7-517;
3503m (l) Section 63M-7-519;
3503n (m) Section 63M-7-521.5;
3503o (n) Section 63M-7-522;
3503p (o) Section 63M-7-525;
3503q (p) Section 63M-7-902; and
3503r (q) Section 63M-7-904. ←Ŝ
3504 Section 70. Coordinating H.B. 532 with H.B. 115.
3505 If H.B. 532, State Boards and Commissions Modifications, and H.B. 115, Cultural and
3506 Community Engagement Amendments, both pass and become law, the Legislature intends that,
3507 on October 1, 2024, the amendments to Section 9-6-301 in H.B. 532 supersede the
3508 amendments to Section 9-6-301 in H.B. 115.