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8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to the oversight and provision of services for
11 individuals experiencing homelessness and other vulnerable populations.
12 Highlighted Provisions:
13 This bill:
14 ▸ authorizes the Utah State Hospital to contract for certain services;
15 ▸ establishes the HOME Court Pilot Program to provide for comprehensive,
16 court-supervised treatment and services to individuals in Salt Lake County with
17 mental illness;
18 ▸ provides for the duty of the executive committee of the Utah Homelessness Council
19 (council) to serve in an advisory capacity for the council;
20 ▸ requires the council to establish standards for prioritizing beds in homeless shelters;
21 ▸ prohibits a homeless shelter from receiving funds from the Office of Homeless
22 Services (office) upon failing to comply with the council's prioritization standards;
23 ▸ allows a homeless shelter to receive grants from the council upon providing any
24 amount of matching funds;
25 ▸ requires the council to consider the amount of matching grants provided by a
26 homeless shelter in awarding grants;
27 ▸ allows the Department of Public Safety to receive Homeless Shelter Cities
28 Mitigation Restricted Account funds (mitigation funds) under certain
29 circumstances;
30 ▸ clarifies that mitigation funds are nonlapsing and allows the office to disburse
31 uncommitted mitigation funds to municipalities in the following year;
32 ▸ prohibits a municipality from receiving mitigation funds unless the municipality
33 enforces certain prohibitions and demonstrates improvement in reducing certain
34 conduct;
35 ▸ exempts certain counties from winter response plan requirements if a county
36 develops a year-round plan for addressing the needs of individuals experiencing
37 homelessness;
38 ▸ increases the temperature for a code blue alert to take effect;
39 ▸ allows a municipality to implement emergency measures to assist individuals
40 experiencing homelessness during dangerous weather conditions;
41 ▸ amends provisions concerning how a health care provider submits a request for an
42 individual who voluntarily requests to be restricted from purchasing or possessing
43 firearms; and
44 ▸ makes technical and conforming changes.
45 Money Appropriated in this Bill:
46 None
47 Other Special Clauses:
48 This bill provides a special effective date.
49 This bill provides retrospective operation.
50 Utah Code Sections Affected:
51 AMENDS:
52 35A-16-203, as last amended by Laws of Utah 2023, Chapter 302
53 35A-16-205, as last amended by Laws of Utah 2022, Chapter 403
54 35A-16-302, as last amended by Laws of Utah 2023, Chapter 302
55 35A-16-401, as last amended by Laws of Utah 2023, Chapter 302
56 35A-16-402, as last amended by Laws of Utah 2023, Chapter 302
57 35A-16-403, as last amended by Laws of Utah 2023, Chapter 302
58 35A-16-502, as repealed and reenacted by Laws of Utah 2023, Chapter 302
59 35A-16-701, as enacted by Laws of Utah 2023, Chapter 302
60 35A-16-702, as enacted by Laws of Utah 2023, Chapter 302
61 53-5c-301, as last amended by Laws of Utah 2023, Chapter 405
62 53-5c-302, as enacted by Laws of Utah 2023, Chapter 405
63 59-12-205, as last amended by Laws of Utah 2023, Chapters 302, 471 and 492
64 63J-1-602.1, as last amended by Laws of Utah 2023, Chapters 26, 33, 34, 194, 212,
65 330, 419, 434, 448, and 534
66 ENACTS:
67 26B-5-381, Utah Code Annotated 1953
68 26B-5-382, Utah Code Annotated 1953
69 35A-16-205.1, Utah Code Annotated 1953
70
71 Be it enacted by the Legislature of the state of Utah:
72 Section 1. Section 26B-5-381 is enacted to read:
73 26B-5-381. Contracted state hospital services.
74 (1) In accordance with the authority, responsibilities, and duties granted to the division
75 and state hospital under this part, the state hospital may contract with any willing provider to:
76 (a) supervise and treat a patient with a mental illness who has been committed to the
77 state hospital's custody; or
78 (b) facilitate the reentry of a discharged patient into the community.
79 (2) A provider who enters into a contract with the state hospital under Subsection (1)
80 shall provide a level of supervision and security that is equal to or greater than the level of
81 supervision and security that:
82 (a) is necessary to treat the patient with a mental illness; and
83 (b) would be offered at or recommended by the state hospital.
84 (3) In collaboration with the Division of Integrated Healthcare, the superintendent and
85 clinical director shall provide a report to the Health and Human Services Interim Committee at
86 or before the committee's 2024 November interim meeting that includes information and
87 recommendations on:
88 (a) the number of patients with a mental illness served through a state hospital contract
89 in accordance with Subsection (1), and the nature of the services rendered;
90 (b) addressing the needs of patients with complex legal and mental health statuses who
91 are expected to have significantly long stays at the state hospital and who are not able to be
92 discharged into the community;
93 (c) the creation of a low-acuity step-down facility to assist patients described in
94 Subsection (3)(b); and
95 (d) opportunities for collaboration with local mental health authorities and other
96 willing providers to provide low-acuity step-down services to assist patients described in
97 Subsection (3)(b).
98 Section 2. Section 26B-5-382 is enacted to read:
99 26B-5-382. HOME Court Pilot Program -- Requirements -- Funding -- Reporting.
100 (1) As used in this section, "pilot program" means the HOME Court Pilot Program
101 established in Subsection (2).
102 (2) Subject to appropriations from the Legislature and the assignment of a judge to
103 preside over the proceedings, the Third Judicial District Court of Salt Lake County shall
104 establish and administer a HOME Court Pilot Program beginning October 1, 2024, and ending
105 June 30, 2029, that provides for comprehensive and individualized, court-supervised treatment
106 and services to individuals with mental illness.
107 (3) The pilot program shall:
108 (a) allow a person to petition the court for an order requiring an individual's
109 participation in the pilot program;
110 (b) require the court to substitute the local mental health authority as the petitioner if
111 the initial petitioner is not the local mental health authority;
112 (c) provide an opportunity for the parties to enter into an agreement regarding an
113 individual's participation in the pilot program, including a treatment plan, prior to a court order
114 under Subsection (3)(e);
115 (d) provide for a hearing at which information is presented to determine whether an
116 individual qualifies for court-ordered participation in the pilot program as provided in
117 Subsection (3)(e);
118 (e) require the court to order an individual to participate in the pilot program if, upon
119 completion of the hearing described in Subsection (3)(d), the court finds by clear and
120 convincing evidence that:
121 (i) the individual resides or may be presently found within Salt Lake County;
122 (ii) the individual has a mental illness;
123 (iii) because of the individual's mental illness, the individual:
124 (A) is unlikely to survive or remain safe without supervision, assistance, or services; or
125 (B) meets the criteria described in Subsection 26B-5-351(14)(c)(i) or (ii);
126 (iv) there is no appropriate less-restrictive alternative to a court order for participation
127 in the pilot program;
128 (v) the individual is likely to benefit from participation in the pilot program; and
129 (vi) there is adequate capacity within the pilot program to meet the individual's need
130 for services described in Subsection (3)(f);
131 (f) upon the court's order for an individual to participate in the pilot program, require
132 the local mental health authority to prepare a comprehensive and individualized treatment plan,
133 for approval by the court, that includes the following components for the individual to
134 successfully achieve the purposes of the pilot program:
135 (i) mental health services;
136 (ii) housing resources;
137 (iii) social services;
138 (iv) case management;
139 (v) peer support;
140 (vi) exit or transition services; and
141 (vii) individualized goals for the successful completion of the pilot program;
142 (g) upon the court's approval of a treatment plan prepared by the local mental health
143 authority:
144 (i) require the local mental health authority to coordinate services required for
145 participation in the pilot program; and
146 (ii) require the court to conduct regular review hearings as deemed necessary to
147 evaluate the individual's progress in completing the treatment plan; and
148 (h) operate in a manner that is consistent with the procedures for ordering assisted
149 outpatient treatment under Section 26B-5-351.
150 (4) (a) (i) If a individual participating in the pilot program has an outstanding warrant
151 or pending criminal matter in another Utah court, the Third Judicial District Court of Salt Lake
152 County may notify the other court in which the individual has an outstanding warrant or
153 pending criminal matter regarding the individual's participation in the pilot program.
154 (ii) Upon receiving notice of an individual's participation in the pilot program under
155 Subsection (4)(a)(i), the other court may, if deemed appropriate, recall the warrant or stay the
156 case in which the individual is involved unless the warrant or case involves a felony charge.
157 (iii) In determining whether to recall a warrant or stay a case under Subsection
158 (4)(a)(ii), the other court shall consider the likelihood of the individual's successful completion
159 of the pilot program, the severity of the pending charges, the impact on victims' rights, and the
160 impact on the government's ability and right to prosecute the case.
161 (b) (i) If an individual described in Subsection (4)(a)(i) successfully completes the pilot
162 program, the Third Judicial District Court of Salt Lake County may notify the other court in
163 which the individual has an outstanding warrant or pending criminal matter regarding the
164 individual's successful completion of the pilot program.
165 (ii) Upon receiving notice of an individual's successful completion of the pilot program
166 under Subsection (4)(b)(i), the other court shall consider the effect of the individual's
167 completion of the pilot program on the case pending before that court, including the dismissal
168 of criminal charges if deemed appropriate.
169 (5) (a) Costs of all services provided under the pilot program, including the costs
170 incurred by the multidisciplinary team described in Subsection (5)(b)(ii)(B), shall be paid by
171 Salt Lake County.
172 (b) If the Legislature appropriates money to the division for implementation of the pilot
173 program, the division shall:
174 (i) require the local mental health authority, as part of the plan required under
175 Subsection 17-43-301(6)(a)(ii), to submit to the division a proposal for implementation of the
176 pilot program on or before May 15 of each year;
177 (ii) review the proposal described in Subsection (5)(b)(i) to ensure that the proposal:
178 (A) meets the requirements of this section; and
179 (B) establishes a multidisciplinary team, with a sufficient number of stakeholders, to
180 adequately address the provision of treatment and services under the pilot program;
181 (iii) upon approval of the proposal described in Subsection (5)(b)(i), contract funds
182 appropriated for the pilot program with the local mental health authority; and
183 (iv) conduct an annual audit and review of the local mental health authority, and any
184 contracted provider, regarding the use of funds appropriated for the pilot program.
185 (c) The matching requirement in Subsection 17-41-301(6)(a)(x) does not apply to
186 funds appropriated by the Legislature for the pilot program.
187 (d) Subject to appropriation by the Legislature, Salt Lake County may:
188 (i) apply to the division to receive funds to cover the county's costs under the pilot
189 program; and
190 (ii) pay county contributions to the nonfederal share of Medicaid expenditures with
191 funds appropriated for the pilot program.
192 (6) The department shall:
193 (a) establish and evaluate metrics for the success of the pilot program with input from
194 the local mental health authority, the Utah Homelessness Council created in Section
195 35A-16-204, and the Judicial Council; and
196 (b) in collaboration with the local mental health authority, submit to the Health and
197 Human Services Interim Committee a report on or before June 30 of each year, beginning in
198 calendar year 2025, regarding the outcomes of the pilot program.
199 Section 3. Section 35A-16-203 is amended to read:
200 35A-16-203. Powers and duties of the coordinator.
201 (1) The coordinator shall:
202 (a) coordinate the provision of homeless services in the state;
203 (b) in cooperation with the homelessness council, develop and maintain a
204 comprehensive annual budget and overview of all homeless services available in the state,
205 which homeless services budget shall receive final approval by the homelessness council;
206 (c) in cooperation with the homelessness council, create a statewide strategic plan to
207 minimize homelessness in the state, which strategic plan shall receive final approval by the
208 homelessness council;
209 (d) in cooperation with the homelessness council, oversee funding provided for the
210 provision of homeless services, which funding shall receive final approval by the homelessness
211 council, including funding from the:
212 (i) Pamela Atkinson Homeless Account created in Section 35A-16-301;
213 (ii) Homeless to Housing Reform Restricted Account created in Section 35A-16-303;
214 and
215 (iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
216 35A-16-402;
217 (e) provide administrative support to and serve as a member of the homelessness
218 council;
219 (f) at the governor's request, report directly to the governor on issues regarding
220 homelessness in the state and the provision of homeless services in the state; and
221 (g) report directly to the president of the Senate and the speaker of the House of
222 Representatives at least twice each year on issues regarding homelessness in the state and the
223 provision of homeless services in the state.
224 (2) The coordinator, in cooperation with the homelessness council, shall ensure that the
225 homeless services budget described in Subsection (1)(b) includes an overview and coordination
226 plan for all funding sources for homeless services in the state, including from state agencies,
227 Continuum of Care organizations, housing authorities, local governments, federal sources, and
228 private organizations.
229 (3) The coordinator, in cooperation with the homelessness council, shall ensure that the
230 strategic plan described in Subsection (1)(c):
231 (a) outlines specific goals and measurable benchmarks for minimizing homelessness in
232 the state and for coordinating services for individuals experiencing homelessness among all
233 service providers in the state;
234 (b) identifies best practices and recommends improvements to the provision of services
235 to individuals experiencing homelessness in the state to ensure the services are provided in a
236 safe, cost-effective, and efficient manner;
237 (c) identifies best practices and recommends improvements in coordinating the
238 delivery of services to the variety of populations experiencing homelessness in the state,
239 including through the use of electronic databases and improved data sharing among all service
240 providers in the state; [
241 (d) identifies gaps and recommends solutions in the delivery of services to the variety
242 of populations experiencing homelessness in the state[
243 (e) takes into consideration the success of the HOME Court Pilot Program established
244 in Section 26B-5-382.
245 (4) In overseeing funding for the provision of homeless services as described in
246 Subsection (1)(d), the coordinator:
247 (a) shall prioritize the funding of programs and providers that have a documented
248 history of successfully reducing the number of individuals experiencing homelessness,
249 reducing the time individuals spend experiencing homelessness, moving individuals
250 experiencing homelessness to permanent housing, or reducing the number of individuals who
251 return to experiencing homelessness; and
252 (b) except for a program or provider providing services to victims of domestic
253 violence, may not approve funding to a program or provider that does not enter into a written
254 agreement with the office to collect and share HMIS data regarding the provision of services to
255 individuals experiencing homelessness so that the provision of services can be coordinated
256 among state agencies, local governments, and private organizations.
257 (5) In cooperation with the homelessness council, the coordinator shall update the
258 annual statewide budget and the strategic plan described in this section on an annual basis.
259 (6) (a) On or before October 1, the coordinator shall provide a written report to the
260 department for inclusion in the department's annual written report described in Section
261 35A-1-109.
262 (b) The written report shall include:
263 (i) the homeless services budget;
264 (ii) the strategic plan;
265 (iii) recommendations regarding improvements to coordinating and providing services
266 to individuals experiencing homelessness in the state; and
267 (iv) in coordination with the homelessness council, a complete accounting of the
268 office's disbursement of funds during the previous fiscal year from:
269 (A) the Pamela Atkinson Homeless Account created in Section 35A-16-301;
270 (B) the Homeless to Housing Reform Restricted Account created in Section
271 35A-16-303;
272 (C) the Homeless Shelter Cities Mitigation Restricted Account created in Section
273 35A-16-402;
274 (D) the COVID-19 Homeless Housing and Services Grant Program created in Section
275 35A-16-602; and
276 (E) any other grant program created in statute that is administered by the office.
277 Section 4. Section 35A-16-205 is amended to read:
278 35A-16-205. Duties of the homelessness council and executive committee.
279 (1) The homelessness council:
280 [
281 [
282 [
283 [
284 in Subsection 35A-16-203(1)(d);
285 [
286 [
287 [
288 [
289 services in the state as described in Subsection 35A-16-203(1)(d);
290 [
291 experiencing homelessness;
292 [
293 [
294 oversight body's respective region;
295 [
296 coordinates the funding supplied to local stakeholders; and
297 [
298 needs in each community;
299 [
300 individuals experiencing homelessness;
301 [
302 providers, including the support of collecting consistent and transparent data; [
303 [
304 Subsection 35A-16-203(1)(d):
305 [
306 client-level service information with other entities in accordance with state and federal law to
307 enhance the coordination of services for individuals who are experiencing homelessness; and
308 [
309 for each recommended award[
310 (h) shall establish standards for the prioritization of beds located in homeless shelters
311 in accordance with Section 35A-16-205.1.
312 (2) The executive committee shall act in an advisory capacity for the homelessness
313 council and make recommendations regarding the homelessness council's duties under
314 Subsection (1).
315 Section 5. Section 35A-16-205.1 is enacted to read:
316 35A-16-205.1. Homelessness council to establish standards for the prioritization of
317 homeless shelter beds -- Dissemination -- Compliance with standards required for receipt
318 of state funds.
319 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
320 homelessness council shall make rules establishing standards for the prioritization of beds
321 located in a homeless shelter.
322 (2) In establishing standards under Subsection (1), the homelessness council shall:
323 (a) assign highest priority for available beds to:
324 (i) individuals eligible for Temporary Assistance for Needy Families funds pursuant to
325 42 U.S.C. Sec. 604; and
326 (ii) individuals discharged from the Utah State Hospital created in Section 26B-5-302;
327 and
328 (b) require a homeless shelter, if feasible, to allocate an average of 85% of the total
329 number of beds located in a homeless shelter to individuals described in Subsection (2)(a)(i).
330 (3) The office shall disseminate the standards established by the homelessness council
331 under Subsection (1) to each homeless shelter located within the state.
332 (4) Notwithstanding any other provisions in this chapter, state funds may not be
333 awarded under this chapter directly to or for the benefit of a homeless shelter located within the
334 state unless the homeless shelter complies with the standards established by the homelessness
335 council under Subsection (1).
336 Section 6. Section 35A-16-302 is amended to read:
337 35A-16-302. Uses of Homeless to Housing Reform Restricted Account.
338 (1) The homelessness council may award ongoing or one-time grants or contracts
339 funded from the Homeless to Housing Reform Restricted Account created in Section
340 35A-16-303.
341 (2) As a condition of receiving money, including any ongoing money, from the
342 restricted account, an entity awarded a grant or contract under this section shall provide
343 detailed and accurate reporting on at least an annual basis to the homelessness council and the
344 coordinator that describes:
345 (a) how money provided from the restricted account has been spent by the entity; and
346 (b) the progress towards measurable outcome-based benchmarks agreed to between the
347 entity and the homelessness council before the awarding of the grant or contract.
348 (3) In determining the awarding of a grant or contract under this section, the
349 homelessness council and the coordinator shall:
350 (a) ensure that the services to be provided through the grant or contract will be
351 provided in a cost-effective manner;
352 (b) give priority to a project or contract that will include significant additional or
353 matching funds from a private organization, nonprofit organization, or local government entity;
354 (c) ensure that the project or contract will target the distinct housing needs of one or
355 more at-risk or homeless subpopulations, which may include:
356 (i) families with children;
357 (ii) transitional-aged youth;
358 (iii) single men or single women;
359 (iv) veterans;
360 (v) victims of domestic violence;
361 (vi) individuals with behavioral health disorders, including mental health or substance
362 use disorders;
363 (vii) individuals who are medically frail or terminally ill;
364 (viii) individuals exiting prison or jail; or
365 (ix) individuals who are homeless without shelter;
366 (d) consider whether the project will address one or more of the following goals:
367 (i) diverting homeless or imminently homeless individuals and families from
368 emergency shelters by providing better housing-based solutions;
369 (ii) meeting the basic needs of homeless individuals and families in crisis;
370 (iii) providing homeless individuals and families with needed stabilization services;
371 (iv) decreasing the state's homeless rate;
372 (v) implementing a coordinated entry system with consistent assessment tools to
373 provide appropriate and timely access to services for homeless individuals and families;
374 (vi) providing access to caseworkers or other individualized support for homeless
375 individuals and families;
376 (vii) encouraging employment and increased financial stability for individuals and
377 families being diverted from or exiting homelessness;
378 (viii) creating additional affordable housing for state residents;
379 (ix) providing services and support to prevent homelessness among at-risk individuals
380 and adults;
381 (x) providing services and support to prevent homelessness among at-risk children,
382 adolescents, and young adults;
383 (xi) preventing the reoccurrence of homelessness among individuals and families
384 exiting homelessness; and
385 (xii) providing medical respite care for homeless individuals where the homeless
386 individuals can access medical care and other supportive services; and
387 (e) address the needs identified in the strategic plan described in Section 35A-16-203
388 for inclusion in the annual written report described in Section 35A-1-109.
389 (4) In addition to the other provisions of this section, in determining the awarding of a
390 grant or contract under this section to design, build, create, or renovate a facility that will
391 provide shelter or other resources for the homeless, of the homelessness council, with the
392 concurrence of the coordinator, may consider whether the facility will be:
393 (a) located near mass transit services;
394 (b) located in an area that meets or will meet all zoning regulations before a final
395 dispersal of funds;
396 (c) safe and welcoming both for individuals using the facility and for members of the
397 surrounding community; and
398 (d) located in an area with access to employment, job training, and positive activities.
399 (5) In accordance with Subsection (4), and subject to the approval the homelessness
400 council, with the concurrence of the coordinator, the following may recommend a site location,
401 acquire a site location, and hold title to real property, buildings, fixtures, and appurtenances of
402 a facility that provides or will provide shelter or other resources for the homeless:
403 (a) the county executive of a county of the first class on behalf of the county of the first
404 class, if the facility is or will be located in the county of the first class in a location other than
405 Salt Lake City;
406 (b) the state;
407 (c) a nonprofit entity approved by the homelessness council, with the concurrence of
408 the coordinator; and
409 (d) a mayor of a municipality on behalf of the municipality where a facility is or will be
410 located.
411 (6) (a) If a homeless shelter commits to provide any amount of matching funds under
412 this Subsection (6), the homelessness council, with the concurrence of the coordinator, may
413 award a grant for the ongoing operations of the homeless shelter.
414 (b) In awarding a grant under this Subsection (6), the homelessness council, with the
415 concurrence of the coordinator, shall consider:
416 (i) the number of beds available at the homeless shelter [
417 (ii) the number and quality of the homeless services provided by the homeless
418 shelter[
419 (iii) the amount of matching funds provided by the homeless shelter.
420 (7) The office may expend money from the restricted account to offset actual office and
421 homelessness council expenses related to administering this section.
422 Section 7. Section 35A-16-401 is amended to read:
423 35A-16-401. Definitions.
424 As used in this part:
425 (1) "Account" means the Homeless Shelter Cities Mitigation Restricted Account
426 created in Section 35A-16-402.
427 (2) "Authorized provider" means a nonprofit provider of homeless services that is
428 authorized by a third-tier eligible municipality to operate a temporary winter response shelter
429 within the municipality in accordance with Part 5, Winter Response Plan Requirements.
430 (3) "Eligible municipality" means:
431 (a) a first-tier eligible municipality;
432 (b) a second-tier eligible municipality; or
433 (c) a third-tier eligible municipality.
434 (4) "Eligible services" means any activities or services that mitigate the impacts of the
435 location of an eligible shelter, including direct services, public safety services, and emergency
436 services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3,
437 Utah Administrative Rulemaking Act.
438 (5) "Eligible shelter" means:
439 (a) for a first-tier eligible municipality, a homeless shelter that:
440 (i) has the capacity to provide temporary shelter to at least 80 individuals per night, as
441 verified by the office;
442 (ii) operates year-round; and
443 (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
444 operation;
445 (b) for a second-tier municipality, a homeless shelter that:
446 (i) has the capacity to provide temporary shelter to at least 25 individuals per night, as
447 verified by the office;
448 (ii) operates year-round; and
449 (iii) is not subject to restrictions that limit the hours, days, weeks, or months of
450 operation; and
451 (c) for a third-tier eligible municipality, a homeless shelter that:
452 (i) (A) has the capacity to provide temporary shelter to at least 50 individuals per night,
453 as verified by the office; and
454 (B) operates for no less than three months during the period beginning October 1 and
455 ending April 30 of the following year; or
456 (ii) (A) meets the definition of a homeless shelter under Section 35A-16-501; and
457 (B) [
458
459 as part of a county's winter response plan under Section 35A-16-502.
460 (6) "First-tier eligible municipality" means a municipality that:
461 (a) is located within a county of the first or second class;
462 (b) as determined by the office, has or is proposed to have an eligible shelter within the
463 municipality's geographic boundaries within the following fiscal year;
464 (c) due to the location of an eligible shelter within the municipality's geographic
465 boundaries, requires eligible services; and
466 (d) is certified as a first-tier eligible municipality in accordance with Section
467 35A-16-404.
468 (7) "Homeless shelter" means a facility that provides or is proposed to provide
469 temporary shelter to individuals experiencing homelessness.
470 (8) "Municipality" means a city, town, or metro township.
471 (9) "Public safety services" means law enforcement, emergency medical services, or
472 fire protection.
473 (10) "Second-tier eligible municipality" means a municipality that:
474 (a) is located within a county of the third, fourth, fifth, or sixth class;
475 (b) as determined by the office, has or is proposed to have an eligible shelter within the
476 municipality's geographic boundaries within the following fiscal year;
477 (c) due to the location of an eligible shelter within the municipality's geographic
478 boundaries, requires eligible services; and
479 (d) is certified as a second-tier eligible municipality in accordance with Section
480 35A-16-404.
481 (11) "Third-tier eligible municipality" means a municipality that:
482 (a) as determined by the office, has or is proposed to have an eligible shelter within the
483 municipality's geographic boundaries within the following fiscal year; and
484 (b) due to the location of an eligible shelter within the municipality's geographic
485 boundaries, requires eligible services.
486 Section 8. Section 35A-16-402 is amended to read:
487 35A-16-402. Homeless Shelter Cities Mitigation Restricted Account -- Formula
488 for disbursing account funds to eligible municipalities.
489 (1) There is created a restricted account within the General Fund known as the
490 Homeless Shelter Cities Mitigation Restricted Account.
491 (2) The account shall be funded by:
492 (a) local sales and use tax revenue deposited into the account in accordance with
493 Section 59-12-205;
494 (b) interest earned on the account; and
495 (c) appropriations made to the account by the Legislature.
496 (3) The office shall administer the account.
497 (4) (a) Subject to appropriations, the office shall annually disburse funds from the
498 account as follows:
499 (i) 87.5% shall be disbursed to first-tier eligible municipalities that have been approved
500 to receive account funds under Section 35A-16-403, of which:
501 (A) 70% of the amount described in Subsection (4)(a)(i) shall be disbursed
502 proportionately among applicants based on the total number of individuals experiencing
503 homelessness who are served by eligible shelters within each municipality, as determined by
504 the office;
505 (B) 20% of the amount described in Subsection (4)(a)(i) shall be disbursed
506 proportionately among applicants based on the total number of individuals experiencing
507 homelessness who are served by eligible shelters within each municipality as compared to the
508 total population of the municipality, as determined by the office; and
509 (C) 10% of the amount described in Subsection (4)(a)(i) shall be disbursed
510 proportionately among applicants based on the total year-round capacity of all eligible shelters
511 within each municipality, as determined by the office;
512 (ii) 2.5% shall be disbursed to second-tier eligible municipalities that have been
513 approved to receive account funds under Section 35A-16-403, of which:
514 (A) 70% of the amount described in Subsection (4)(a)(ii) shall be disbursed
515 proportionately among applicants based on the total number of individuals experiencing
516 homelessness who are served by eligible shelters within each municipality, as determined by
517 the office;
518 (B) 20% of the amount described in Subsection (4)(a)(ii) shall be disbursed
519 proportionately among applicants based on the total number of individuals experiencing
520 homelessness who are served by eligible shelters within each municipality as compared to the
521 total population of the municipality, as determined by the office; and
522 (C) 10% of the amount described in Subsection (4)(a)(ii) shall be disbursed
523 proportionately among applicants based on the total year-round capacity of all eligible shelters
524 within each municipality, as determined by the office; and
525 (iii) 10% shall be disbursed to third-tier eligible municipalities that have been approved
526 to receive account funds under Section 35A-16-403, in accordance with a formula established
527 by the office and approved by the homelessness council.
528 (b) In disbursing funds to second-tier municipalities under Subsection (4)(a)(ii), the
529 maximum amount of funds that the office may disburse each year to a single second-tier
530 municipality may not exceed 50% of the total amount of funds disbursed under Subsection
531 (4)(a)(ii).
532 (c) The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider
533 of a third-tier eligible municipality.
534 (d) The office may disburse funds to a third-tier municipality or an authorized provider
535 under Subsection (4)(a)(iii) regardless of whether the municipality receives funds under
536 Subsection (4)(a)(i) as a first-tier municipality or funds under Subsection (4)(a)(ii) as a
537 second-tier municipality.
538 (e) If any account funds are available to the office for disbursement under this section
539 after making the disbursements required in Subsection (4)(a), the office may disburse the
540 available account funds to third-tier municipalities that have been approved to receive account
541 funds under Section 35A-16-403.
542 (f) (i) Notwithstanding any other provision in this section, if an eligible municipality
543 requests account funds under Section 35A-16-403 and the request is denied for the sole reason
544 that the municipality has failed to comply with the requirements of Subsection
545 35A-16-403(2)(g)(i), the office may disburse the account funds that the municipality would
546 otherwise have received to:
547 (A) eligible municipalities in accordance with the provisions of this Subsection (4); or
548 (B) subject to Subsection (4)(f)(ii), the Department of Public Safety.
549 (ii) (A) The office may not disburse account funds to the Department of Public Safety
550 under Subsection (4)(f)(i) unless the disbursement is recommended and approved by the
551 homelessness council.
552 (B) The Department of Public Safety shall use any account funds received under
553 Subsection (4)(f)(i) to assist in the enforcement of state laws that promote the safety or
554 well-being of individuals experiencing homelessness.
555 (5) In disbursing account funds to municipalities under Subsection (4), the office may
556 not consider the capacity of an eligible shelter to qualify a municipality for multiple tiers of
557 funding.
558 [
559 the Legislature to offset the office's administrative expenses under this part.
560 (7) In accordance with Section 63J-1-602.1, appropriations from the account are
561 nonlapsing.
562 (8) The office may disburse any uncommitted account funds to municipalities under
563 this section in the following year.
564 Section 9. Section 35A-16-403 is amended to read:
565 35A-16-403. Eligible municipality application process for Homeless Shelter Cities
566 Mitigation Restricted Account funds.
567 (1) An eligible municipality may apply for account funds to mitigate the impacts of the
568 location of an eligible shelter through the provision of eligible services within the eligible
569 municipality's boundaries.
570 (2) (a) The homelessness council shall set aside time on the agenda of a homelessness
571 council meeting that occurs before the beginning of the next fiscal year to allow an eligible
572 municipality to present a request for account funds for that next fiscal year.
573 (b) An eligible municipality may present a request for account funds by:
574 (i) sending an electronic copy of the request to the homelessness council before the
575 meeting; and
576 (ii) appearing at the meeting to present the request.
577 (c) The request described in Subsection [
578 (i) a proposal outlining the need for eligible services, including a description of each
579 eligible service for which the eligible municipality requests account funds;
580 (ii) a description of the eligible municipality's proposed use of account funds;
581 (iii) a description of the outcomes that the funding would be used to achieve, including
582 indicators that would be used to measure progress toward the specified outcomes; and
583 (iv) the amount of account funds requested.
584 (d) (i) On or before September 30, an eligible municipality that received account funds
585 during the previous fiscal year shall file electronically with the homelessness council a report
586 that includes:
587 (A) a summary of the amount of account funds that the eligible municipality expended
588 and the eligible municipality's specific use of those funds;
589 (B) an evaluation of the eligible municipality's effectiveness in using the account funds
590 to address the eligible municipality's needs due to the location of an eligible shelter;
591 (C) an evaluation of the eligible municipality's progress regarding the outcomes and
592 indicators described in Subsection (2)(c)(iii); and
593 (D) any proposals for improving the eligible municipality's effectiveness in using
594 account funds that the eligible municipality may receive in future fiscal years.
595 (ii) The homelessness council may request additional information as needed to make
596 the evaluation described in Subsection (2)(e).
597 (e) The homelessness council shall evaluate a request made in accordance with this
598 Subsection (2) and may take the following factors into consideration in determining whether to
599 approve or deny the request:
600 (i) the strength of the proposal that the eligible municipality provided to support the
601 request;
602 (ii) if the eligible municipality received account funds during the previous fiscal year,
603 the efficiency with which the eligible municipality used any account funds during the previous
604 fiscal year;
605 (iii) the availability of funding for the eligible municipality under Subsection
606 35A-16-402(4);
607 (iv) the availability of alternative funding for the eligible municipality to address the
608 eligible municipality's needs due to the location of an eligible shelter; and
609 (v) any other considerations identified by the homelessness council.
610 (f) After making the evaluation described in Subsection (2)(e), and subject to
611 Subsection (2)(g), the homelessness council shall vote to either approve or deny an eligible
612 municipality's request for account funds.
613 (g) (i) [
614 addition to the evaluation under Subsection (2)(e), the homelessness council may not approve
615 an eligible municipality's request to receive account funds under this section unless the eligible
616 municipality:
617 (A) enforces an ordinance that prohibits camping;
618 (B) enforces an ordinance or other applicable state law prohibiting conduct that
619 impedes or blocks traffic in violation of Subsection 41-6a-1009(4); and
620 (C) demonstrates improvement in reducing the conduct described in Subsections
621 (2)(g)(i)(A) and (B).
622 [
623
624
625 (ii) In determining whether an eligible municipality has demonstrated improvement
626 under Subsection (2)(g)(i)(C), the homelessness council shall consider:
627 (A) the specific measures taken by the municipality to reduce the conduct described in
628 Subsections (2)(g)(i)(A) and (B), and the effectiveness of those measures in reducing the
629 conduct;
630 (B) the strategies utilized by the municipality in managing and improving public spaces
631 within the municipality, and the impact of these strategies on safety, cleanliness, and the
632 well-being of the community; and
633 (C) the gap between the number of individuals experiencing homelessness within the
634 municipality and the availability of beds at homeless shelters to which the individuals
635 experiencing homelessness have reasonable access, and any changes to this gap over time.
636 (iii) The homelessness council may coordinate with the Department of Public Safety
637 for the receipt of quantitative and qualitative data to determine compliance with applicable
638 state and local laws.
639 (iv) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
640 and with the approval of the homelessness council, the office shall make rules establishing
641 standards for the information required by an eligible municipality to demonstrate improvement
642 under Subsection (2)(g)(i)(C).
643 (h) If the homelessness council approves an eligible municipality's request to receive
644 account funds under Subsection (2)(f), the office, subject to appropriation, shall calculate the
645 amount of funds for disbursement to the eligible municipality under Subsection
646 35A-16-402(4).
647 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
648 office shall make rules governing the process for calculating the amount of funds that an
649 eligible municipality may receive under Subsection 35A-16-402(4).
650 Section 10. Section 35A-16-502 is amended to read:
651 35A-16-502. Winter response plan required -- Contents -- Review --
652 Consequences after determination of noncompliance.
653 (1) (a) The task force for an applicable county that is a county of the first class shall
654 annually prepare and submit to the office a winter response plan on or before August 1 in
655 calendar years 2023, 2024, and 2025.
656 (b) [
657 not described in Subsection (1)(a) shall annually prepare and submit to the office a winter
658 response plan on or before August 1 in calendar years 2024 and 2025.
659 (2) The winter response plan shall:
660 (a) provide assurances to the office that the applicable county will meet the applicable
661 county's targeted winter response bed count or other accommodations during the subsequent
662 winter response period by establishing plans for the requisite need during the subsequent winter
663 response period;
664 (b) ensure that any temporary winter response shelter planned for operation within the
665 applicable county will meet all local zoning requirements;
666 (c) include a detailed transportation plan, budget, revenue sources, including in-kind
667 sources, and any other component specified by the office under Subsection (3) as a requirement
668 for the applicable county to achieve compliance with this section;
669 (d) include a detailed county plan for a code blue event as defined in Section
670 35A-16-701, including the number and location of available beds for individuals experiencing
671 homelessness for the duration of the code blue event; and
672 (e) be approved by the chief executive officer of:
673 (i) any municipality located within the applicable county in which a temporary winter
674 response shelter is planned for operation during the subsequent winter response period; and
675 (ii) the applicable county, if a temporary winter response shelter is planned for
676 operation within an unincorporated area of the county.
677 (3) The requirements of Subsection (1)(b) do not apply to an applicable county if:
678 (a) on or before August 1, 2024, the applicable county submits to the office:
679 (i) documentation demonstrating that the applicable county is developing a plan to
680 address the needs of individuals experiencing homelessness within the county throughout the
681 entire year, as opposed to only during the winter response period; and
682 (ii) a county plan for a code blue event as described in Subsection (2)(d);
683 (b) on or before August 1, 2025, the applicable county submits to the office the
684 year-round plan developed under Subsection (3)(a)(i); and
685 (c) the office determines that the applicable county's year-round plan meets the
686 requirements of a winter response plan as described in Subsection (2) for the entire year.
687 [
688 March 30 of the year in which the winter response plan is due, the applicable local homeless
689 council, in coordination with the office, shall provide the following information to the task
690 force:
691 (a) the targeted winter response bed count;
692 (b) the requirements for the plan described in Subsection (2)(d);
693 (c) the availability of funds that can be used to mitigate the winter response plan; and
694 (d) any component required for the winter response plan to achieve compliance that is
695 not described in Subsection (2).
696 [
697 (a) the office;
698 (b) the applicable local homeless council;
699 (c) for Salt Lake County, the conference of mayors for Salt Lake County; and
700 (d) for an applicable county not described in Subsection [
701 governments for the applicable county.
702 [
703 winter response plan, the task force shall prioritize:
704 (a) a site located more than one mile from any homeless shelter;
705 (b) a site located more than one mile from any permanent supportive housing, as
706 verified by the office; and
707 (c) a site located in a municipality or unincorporated area of the applicable county that
708 does not have a homeless shelter.
709 [
710 submitted, the office shall:
711 (i) conduct a review of the winter response plan for compliance with this section; and
712 (ii) send a written notice of the office's determination regarding compliance to:
713 (A) the task force for the applicable county;
714 (B) the council of governments for the applicable county;
715 (C) the applicable local homeless council; and
716 (D) the legislative body of each municipality located within the applicable county.
717 (b) For purposes of Section 35A-16-502.5, an applicable county is in noncompliance
718 with this section if:
719 (i) the applicable county's task force fails to submit a timely winter response plan under
720 this section; or
721 (ii) the office determines that the winter response plan prepared for the applicable
722 county does not comply with this section.
723 [
724 Act, the office may make rules establishing requirements for an applicable county's compliance
725 with this section.
726 Section 11. Section 35A-16-701 is amended to read:
727 35A-16-701. Definitions.
728 As used in this part:
729 (1) "Affected county" means a county of the first, second, third, or fourth class in
730 which a code blue event is anticipated.
731 (2) "Applicable local homeless council" means the local homeless council that is
732 responsible for coordinating homeless response within an affected county.
733 (3) "Capacity limit" means a limit as to the number of individuals that a homeless
734 shelter may provide temporary shelter to under a conditional use permit.
735 (4) "Code blue alert" means a proclamation issued by the Department of Health and
736 Human Services under Section 35A-16-702 to alert the public of a code blue event.
737 (5) "Code blue event" means a weather event in which the National Weather Service
738 predicts temperatures of [
739 extreme weather conditions established in rules made by the Department of Health and Human
740 Services under Subsection 35A-16-702(4), to occur in any county of the first, second, third, or
741 fourth class for two hours or longer within the next 24 to 48 hours.
742 (6) "Homeless shelter" means a facility that provides temporary shelter to individuals
743 experiencing homelessness.
744 (7) "Municipality" means a city, town, or metro township.
745 Section 12. Section 35A-16-702 is amended to read:
746 35A-16-702. Code blue alert -- Content -- Dissemination -- Rulemaking.
747 (1) The Department of Health and Human Services shall:
748 (a) monitor and evaluate forecasts and advisories produced by the National Weather
749 Service;
750 (b) issue a code blue alert under this section if the Department of Health and Human
751 Services identifies a code blue event; and
752 (c) disseminate the code blue alert to:
753 (i) the public at large;
754 (ii) homeless shelters located within an affected county;
755 (iii) local government entities located within an affected county;
756 (iv) the office; and
757 (v) any other relevant public or private entities that provide services to individuals
758 experiencing homelessness within an affected county.
759 (2) The code blue alert shall:
760 (a) identify each affected county;
761 (b) specify the duration of the code blue alert;
762 (c) describe the provisions that take effect for the duration of the code blue alert as
763 described in Section 35A-16-703; and
764 (d) include the information prepared by the office under Subsection (3).
765 (3) (a) The office shall prepare and regularly update information to assist individuals
766 experiencing homelessness during a code blue event, including:
767 (i) the location and availability of homeless shelters and other community resources
768 and services for individuals experiencing homelessness;
769 (ii) information regarding public safety and emergency services; and
770 (iii) any other information considered relevant by the office.
771 (b) The office shall submit to the Department of Health and Human Services the
772 information prepared and updated under Subsection (3)(a).
773 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
774 the Department of Health and Human Services, in coordination with the office, shall make
775 rules to implement this section.
776 (b) The rules under Subsection (4)(a) shall:
777 (i) establish any extreme weather conditions that warrant the issuance of a code blue
778 alert; and
779 (ii) establish standards for:
780 (A) monitoring and evaluating National Weather Service forecasts and advisories to
781 identify code blue events;
782 (B) issuing code blue alerts under this section, including the form, content, and
783 dissemination of code blue alerts;
784 (C) the provisions that take effect within an affected county for the duration of a code
785 blue alert[
786 (D) coordinating with the office to receive the information described in Subsection (3).
787 (5) Nothing in this section prohibits a municipality from [
788
789 homelessness at times when environmental conditions [
790 health or safety of individuals experiencing homelessness, provided that the emergency plans
791 or other measures implemented by the municipality do not conflict with any applicable
792 provisions that take effect during a code blue event in accordance with Section 35A-16-703.
793 Section 13. Section 53-5c-301 is amended to read:
794 53-5c-301. Voluntary restrictions on firearm purchase and possession.
795 (1) An individual who is not a restricted person under Section 76-10-503 may
796 voluntarily request to be restricted from the purchase or possession of firearms.
797 (2) An individual requesting to be restricted under Subsection (1) may request
798 placement on one of the following restricted lists:
799 (a) a restricted list that:
800 (i) restricts the individual from purchasing or possessing a firearm for 180 days with
801 automatic removal of the individual from the restricted list at the end of the 180 days; and
802 (ii) allows the individual to request removal 30 days after the day on which the
803 individual is added to the restricted list; or
804 (b) a restricted list that:
805 (i) restricts the individual from purchasing or possessing a firearm indefinitely; and
806 (ii) allows the individual to request removal 90 days after the day on which the
807 individual is added to the restricted list.
808 (3) (a) Subject to Subsections (8) and (9), the bureau shall develop a process and forms
809 for inclusion on, and removal from, a restricted list as described in Subsection (2) to be
810 maintained by the bureau.
811 (b) The bureau shall make the forms for inclusion and removal available by download
812 through the bureau's website and require, at a minimum, the following information for the
813 individual described in Subsection (1):
814 (i) name;
815 (ii) address;
816 (iii) date of birth;
817 (iv) contact information;
818 (v) signature; and
819 (vi) (A) if the individual is entered on the restricted list as described in Subsection
820 (2)(a), an acknowledgment of the statement in Subsection (8)(a); or
821 (B) if the individual is entered on the restricted list as described in Subsection (2)(b),
822 an acknowledgment of the statement in Subsection (8)(b).
823 (4) (a) An individual requesting inclusion on a restricted list under Subsection (2)
824 shall:
825 (i) deliver the completed form in person to a law enforcement agency; or
826 (ii) direct the individual's health care provider under Section 53-5c-302 to
827 electronically deliver the individual's [
828 (b) The law enforcement agency described in Subsection (4)(a)(i):
829 (i) shall verify the individual's identity before accepting the form;
830 (ii) may not accept a form from someone other than the individual named on the form;
831 and
832 (iii) shall transmit the form electronically to the bureau through the Utah Criminal
833 Justice Information System.
834 (5) Upon receipt of a verified form provided under this section or Section 53-5c-302
835 requesting inclusion on a restricted list, the bureau shall, within 24 hours, add the individual's
836 name to the restricted list.
837 (6) (a) For an individual added to the restricted list described in Subsection (2)(a):
838 (i) the individual may not request removal from the restricted list unless the individual
839 has been on the restricted list for at least 30 days;
840 (ii) the bureau shall remove the individual from the restricted list 180 days after the day
841 on which the individual was added to the restricted list, unless the individual:
842 (A) requests to be removed from the restricted list after 30 days;
843 (B) requests to remain on the restricted list; or
844 (C) directs the individual's health care provider to request that the individual remain on
845 the restricted list;
846 (iii) a request for an extension shall be made in the same manner as the original
847 request; and
848 (iv) the individual may continue to request, or direct the individual's health care
849 provider to continue to request, extensions every 180 days.
850 (b) For an individual added to a restricted list under Subsection (2)(b), the individual:
851 (i) may not request removal from the restricted list unless the individual has been on
852 the restricted list for at least 90 days; and
853 (ii) shall remain on the restricted list, unless the bureau receives a request from the
854 individual to have the individual's name removed from the restricted list.
855 (7) If an individual restricted under this section is a concealed firearm permit holder,
856 the individual's permit shall be:
857 (a) suspended upon entry on the restricted list; and
858 (b) reinstated upon removal from the restricted list, unless:
859 (i) the permit has been revoked, been suspended for a reason other than under this
860 section, or has expired; or
861 (ii) the individual has become a restricted person under Section 76-10-503.
862 (8) (a) The form for an individual seeking to be placed on the restricted list described
863 in Subsection (2)(a) shall have the following language prominently displayed before the
864 signature:
865
866 [
867 am requesting that my name be placed on a restricted list that restricts my ability to purchase or
868 possess firearms for a minimum of 30 days, and up to 6 months. I understand that by
869 voluntarily making myself a temporarily restricted person, I may not have a firearm in my
870 possession and any attempt to purchase a firearm while I am on the restricted list will be
871 declined. I also understand that any time after 30 days, I may request removal from the
872 restricted list and all previous rights will be restored. In addition, if I am in possession of a
873 valid concealed firearm permit, my permit will be suspended during the time I am on the
874 restricted list, but will be reinstated upon my removal, unless the permit has expired, been
875 revoked, been suspended for another reason, or I become ineligible to possess a firearm.
876 Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while
877 outside Utah, I will be subject to the law of that location regarding restricted persons."
878 (b) The form for an individual seeking to be placed on the restricted list described in
879 Subsection (2)(b) shall have the following language prominently displayed before the
880 signature:
881
882 [
883 am requesting that my name be placed on a restricted list that restricts my ability to purchase or
884 possess firearms indefinitely. I understand that by voluntarily making myself a temporarily
885 restricted person, I may not have a firearm in my possession and any attempt to purchase a
886 firearm while I am on the restricted list will be declined. I also understand that any time after
887 90 days, I may request removal from the restricted list and all previous rights will be restored.
888 In addition, if I am in possession of a valid concealed firearm permit, my permit will be
889 suspended during the time I am on the restricted list, but will be reinstated upon my removal,
890 unless the permit has expired, been revoked, been suspended for another reason, or I become
891 ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or
892 attempt to purchase a firearm while outside Utah, I will be subject to the law of that location
893 regarding restricted persons."
894 (9) (a) An individual requesting removal from a restricted list shall deliver a completed
895 removal form in person to:
896 (i) the law enforcement agency that processed the inclusion form if the individual was
897 placed on the restricted list under Subsection (4)(a)(i); or
898 (ii) the individual's local law enforcement agency if the individual was placed on the
899 restricted list under Subsection (4)(a)(ii).
900 (b) The law enforcement agency described in Subsection (9)(a):
901 (i) shall verify the individual's identity before accepting the form;
902 (ii) may not accept a removal form from someone other than the individual named on
903 the form; and
904 (iii) shall transmit the removal form electronically to the bureau through the Utah
905 Criminal Justice Information System.
906 (10) Upon receipt of a verified removal form, the bureau shall, after three business
907 days, remove the individual from the restricted list and remove the information from the
908 National Instant Criminal Background Check System.
909 (11) For an individual added to the restricted list under Subsection (2)(a), within 30
910 days before the 180-day removal deadline, the bureau shall notify the individual at the address
911 listed on the inclusion form described in Subsection (4) and, if applicable, the law enforcement
912 agency that processed the inclusion form, that the individual is due to be removed from the
913 restricted list, and the date on which the removal will occur, unless the individual requests an
914 extension of up to 180 days.
915 (12) (a) A law enforcement agency that receives a request for inclusion under
916 Subsection (4)(a)(i) shall:
917 (i) maintain the completed form and all subsequent completed forms in a separate file;
918 and
919 (ii) for an individual added to the restricted list under Subsection (2)(a), destroy the
920 entire file within five days after the date indicated in the notification if the individual does not
921 request an extension after notification in accordance with Subsection (11).
922 (b) A law enforcement agency that receives a removal request under Subsection (9)
923 shall destroy the entire file associated with the individual within five days after the day on
924 which the information is transmitted to the bureau.
925 (c) Upon removal of an individual from a restricted list, the bureau shall destroy all
926 records related to the inclusion and removal of the individual within five days after the day on
927 which the individual was removed.
928 (d) All forms and records created in accordance with this section are classified as
929 private records in accordance with Title 63G, Chapter 2, Government Records Access and
930 Management Act.
931 (13) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah
932 Administrative Rulemaking Act, to develop the process and forms to implement this section.
933 Section 14. Section 53-5c-302 is amended to read:
934 53-5c-302. Assistance from a health care provider -- Restricted list.
935 (1) An individual who is not a restricted person under Section 76-10-503 and is
936 seeking inclusion on a restricted list under Section 53-5c-301 may direct the individual's health
937 care provider to electronically deliver the individual's inclusion [
938 Section 53-5c-301 to the bureau.
939 (2) In addition to the inclusion form described in Section 53-5c-301, the bureau shall
940 create a form, available by download through the bureau's website, for:
941 (a) an individual who is directing a health care provider to electronically deliver the
942 individual's inclusion [
943 (i) the individual's signature;
944 (ii) the name of the individual's health care provider; and
945 (iii) the individual's acknowledgment of the statement in Subsection (4)(a); and
946 (b) a health care provider who is delivering an individual's inclusion [
947 and require, at a minimum, the following information for the health care provider:
948 (i) the health care provider's name;
949 (ii) the name of the health care provider's organization;
950 (iii) the health care provider's license or certification, including the license or
951 certification number;
952 (iv) the health care provider's signature; and
953 (v) the health care provider's acknowledgment of the statement in Subsection (4)(b).
954 (3) (a) An individual who is directing a health care provider to electronically deliver
955 the individual's [
956 of the health care provider, complete the forms described in Section 53-5c-301 and Subsection
957 (2)(a).
958 (b) The health care provider:
959 (i) shall verify the individual's identity before accepting the forms;
960 (ii) may not accept forms from someone other than the individual named on the forms;
961 (iii) shall complete the form described in Subsection (2)(b); and
962 (iv) shall deliver the [
963
964 individual's health record.
965 (4) (a) The form described in Subsection (2)(a) shall have the following language
966 prominently displayed before the signature:
967
968 [
969 requesting that my health care provider present my name to the Bureau of Criminal
970 Identification to be placed on a restricted list that restricts my ability to purchase or possess
971 firearms."
972 (b) The form described in Subsection (2)(b) shall have the following language
973 prominently displayed before the signature:
974
975 [
976 understand that I am acknowledging that I have verified the identity of [name of individual
977 seeking inclusion on a restricted list] and have witnessed [name of individual] sign the form
978 requesting that [name of individual] be placed on a restricted list that restricts [name of
979 individual]'s ability to purchase or possess firearms. I affirm that [name of individual] is
980 currently my patient, and I am a licensed health care provider acting within the scope of my
981 license, certification, practice, education, or training."
982 (5) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah
983 Administrative Rulemaking Act, to develop the process and forms to implement this section.
984 Section 15. Section 59-12-205 is amended to read:
985 59-12-205. Ordinances to conform with statutory amendments -- Distribution of
986 tax revenue -- Determination of population.
987 (1) To maintain in effect sales and use tax ordinances adopted pursuant to Section
988 59-12-204, a county, city, or town shall adopt amendments to the county's, city's, or town's
989 sales and use tax ordinances:
990 (a) within 30 days of the day on which the state makes an amendment to an applicable
991 provision of Part 1, Tax Collection; and
992 (b) as required to conform to the amendments to Part 1, Tax Collection.
993 (2) (a) Except as provided in Subsections (3) and (4) and subject to Subsection (5):
994 (i) 50% of each dollar collected from the sales and use tax authorized by this part shall
995 be distributed to each county, city, and town on the basis of the percentage that the population
996 of the county, city, or town bears to the total population of all counties, cities, and towns in the
997 state; and
998 (ii) (A) except as provided in Subsections (2)(a)(ii)(B), (C), and (D), 50% of each
999 dollar collected from the sales and use tax authorized by this part shall be distributed to each
1000 county, city, and town on the basis of the location of the transaction as determined under
1001 Sections 59-12-211 through 59-12-215;
1002 (B) 50% of each dollar collected from the sales and use tax authorized by this part
1003 within a project area described in a project area plan adopted by the military installation
1004 development authority under Title 63H, Chapter 1, Military Installation Development
1005 Authority Act, shall be distributed to the military installation development authority created in
1006 Section 63H-1-201;
1007 (C) beginning July 1, 2022, 50% of each dollar collected from the sales and use tax
1008 authorized by this part within a project area under Title 11, Chapter 58, Utah Inland Port
1009 Authority Act, shall be distributed to the Utah Inland Port Authority, created in Section
1010 11-58-201; and
1011 (D) 50% of each dollar collected from the sales and use tax authorized by this part
1012 within the lake authority boundary, as defined in Section 11-65-101, shall be distributed to the
1013 Utah Lake Authority, created in Section 11-65-201, beginning the next full calendar quarter
1014 following the creation of the Utah Lake Authority.
1015 (b) Subsection (2)(a)(ii)(C) does not apply to sales and use tax revenue collected before
1016 July 1, 2022.
1017 (3) (a) As used in this Subsection (3):
1018 (i) "Eligible county, city, or town" means a county, city, or town that:
1019 (A) for fiscal year 2012-13, received a tax revenue distribution under Subsection (3)(b)
1020 equal to the amount described in Subsection (3)(b)(ii); and
1021 (B) does not impose a sales and use tax under Section 59-12-2103 on or before July 1,
1022 2016.
1023 (ii) "Minimum tax revenue distribution" means the total amount of tax revenue
1024 distributions an eligible county, city, or town received from a tax imposed in accordance with
1025 this part for fiscal year 2004-05.
1026 (b) An eligible county, city, or town shall receive a tax revenue distribution for a tax
1027 imposed in accordance with this part equal to the greater of:
1028 (i) the payment required by Subsection (2); or
1029 (ii) the minimum tax revenue distribution.
1030 (4) (a) For purposes of this Subsection (4):
1031 (i) "Annual local contribution" means the lesser of $275,000 or an amount equal to
1032 2.55% of the participating local government's tax revenue distribution amount under
1033 Subsection (2)(a)(i) for the previous fiscal year.
1034 (ii) "Participating local government" means a county or municipality, as defined in
1035 Section 10-1-104, that is not an eligible municipality certified in accordance with Section
1036 35A-16-404.
1037 (b) For revenue collected from the tax authorized by this part that is distributed on or
1038 after January 1, 2019, the commission, before making a tax revenue distribution under
1039 Subsection (2)(a)(i) to a participating local government, shall:
1040 (i) adjust a participating local government's tax revenue distribution under Subsection
1041 (2)(a)(i) by:
1042 (A) subtracting an amount equal to one-twelfth of the annual local contribution for
1043 each participating local government from the participating local government's tax revenue
1044 distribution; and
1045 (B) if applicable, reducing the amount described in Subsection (4)(b)(i)(A) by an
1046 amount equal to one-twelfth of $250 for each bed that is available at all homeless shelters
1047 located within the boundaries of the participating local government, as reported to the
1048 commission by the Office of Homeless Services in accordance with Section 35A-16-405; and
1049 (ii) deposit the resulting amount described in Subsection (4)(b)(i) into the Homeless
1050 Shelter Cities Mitigation Restricted Account created in Section 35A-16-402.
1051 (c) For a participating local government that qualifies to receive a distribution
1052 described in Subsection (3), the commission shall apply the provisions of this Subsection (4)
1053 after the commission applies the provisions of Subsection (3).
1054 (5) (a) As used in this Subsection (5):
1055 (i) "Annual dedicated sand and gravel sales tax revenue" means an amount equal to the
1056 total revenue an establishment described in NAICS Code 327320, Ready-Mix Concrete
1057 Manufacturing, of the 2022 North American Industry Classification System of the federal
1058 Executive Office of the President, Office of Management and Budget, collects and remits under
1059 this part for a calendar year.
1060 (ii) "Sand and gravel" means sand, gravel, or a combination of sand and gravel.
1061 (iii) "Sand and gravel extraction site" means a pit, quarry, or deposit that:
1062 (A) contains sand and gravel; and
1063 (B) is assessed by the commission in accordance with Section 59-2-201.
1064 (iv) "Ton" means a short ton of 2,000 pounds.
1065 (v) "Tonnage ratio" means the ratio of:
1066 (A) the total amount of sand and gravel, measured in tons, sold during a calendar year
1067 from all sand and gravel extraction sites located within a county, city, or town; to
1068 (B) the total amount of sand and gravel, measured in tons, sold during the same
1069 calendar year from sand and gravel extraction sites statewide.
1070 (b) For purposes of calculating the ratio described in Subsection (5)(a)(v), the
1071 commission shall:
1072 (i) use the gross sales data provided to the commission as part of the commission's
1073 property tax valuation process; and
1074 (ii) if a sand and gravel extraction site operates as a unit across municipal or county
1075 lines, apportion the reported tonnage among the counties, cities, or towns based on the
1076 percentage of the sand and gravel extraction site located in each county, city, or town, as
1077 approximated by the commission.
1078 (c) (i) Beginning July 2023, and each July thereafter, the commission shall distribute
1079 from total collections under this part an amount equal to the annual dedicated sand and gravel
1080 sales tax revenue for the preceding calendar year to each county, city, or town in the same
1081 proportion as the county's, city's, or town's tonnage ratio for the preceding calendar year.
1082 (ii) The commission shall ensure that the revenue distributed under this Subsection
1083 (5)(c) is drawn from each jurisdiction's collections in proportion to the jurisdiction's share of
1084 total collections for the preceding 12-month period.
1085 (d) A county, city, or town shall use revenue described in Subsection (5)(c) for class B
1086 or class C roads.
1087 (6) (a) Population figures for purposes of this section shall be based on the most recent
1088 official census or census estimate of the United States Bureau of the Census.
1089 (b) If a needed population estimate is not available from the United States Bureau of
1090 the Census, population figures shall be derived from the estimate from the Utah Population
1091 Committee.
1092 (c) The population of a county for purposes of this section shall be determined only
1093 from the unincorporated area of the county.
1094 Section 16. Section 63J-1-602.1 is amended to read:
1095 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
1096 Appropriations made from the following accounts or funds are nonlapsing:
1097 (1) The Native American Repatriation Restricted Account created in Section 9-9-407.
1098 (2) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
1099 as provided under Title 9, Chapter 23, Pete Suazo Utah Athletic Commission Act.
1100 (3) Funds collected for directing and administering the C-PACE district created in
1101 Section 11-42a-106.
1102 (4) Money received by the Utah Inland Port Authority, as provided in Section
1103 11-58-105.
1104 (5) The Commerce Electronic Payment Fee Restricted Account created in Section
1105 13-1-17.
1106 (6) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
1107 Section 19-2a-106.
1108 (7) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
1109 Section 19-5-126.
1110 (8) State funds for matching federal funds in the Children's Health Insurance Program
1111 as provided in Section 26B-3-906.
1112 (9) Funds collected from the program fund for local health department expenses
1113 incurred in responding to a local health emergency under Section 26B-7-111.
1114 (10) The Technology Development Restricted Account created in Section 31A-3-104.
1115 (11) The Criminal Background Check Restricted Account created in Section
1116 31A-3-105.
1117 (12) The Captive Insurance Restricted Account created in Section 31A-3-304, except
1118 to the extent that Section 31A-3-304 makes the money received under that section free revenue.
1119 (13) The Title Licensee Enforcement Restricted Account created in Section
1120 31A-23a-415.
1121 (14) The Health Insurance Actuarial Review Restricted Account created in Section
1122 31A-30-115.
1123 (15) The State Mandated Insurer Payments Restricted Account created in Section
1124 31A-30-118.
1125 (16) The Insurance Fraud Investigation Restricted Account created in Section
1126 31A-31-108.
1127 (17) The Underage Drinking Prevention Media and Education Campaign Restricted
1128 Account created in Section 32B-2-306.
1129 (18) The Drinking While Pregnant Prevention Media and Education Campaign
1130 Restricted Account created in Section 32B-2-308.
1131 (19) The School Readiness Restricted Account created in Section 35A-15-203.
1132 (20) Money received by the Utah State Office of Rehabilitation for the sale of certain
1133 products or services, as provided in Section 35A-13-202.
1134 (21) The Homeless Shelter Cities Mitigation Restricted Account created in Section
1135 35A-16-402.
1136 [
1137 40-6-11.
1138 [
1139 [
1140 40-6-23.
1141 [
1142 41-1a-121 to the Motor Vehicle Division.
1143 [
1144 [
1145 Account created by Section 41-3-110 to the State Tax Commission.
1146 [
1147 Emergency Management, as provided in Section 53-2a-603.
1148 [
1149 created in Section 53-2a-1302.
1150 [
1151 Public Safety, as provided in Section 53-3-106.
1152 [
1153 Section 53-8-303.
1154 [
1155 [
1156 53B-2a-118.
1157 [
1158 53B-22-202.
1159 [
1160 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1161 [
1162 54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
1163 [
1164 access to an electronic reference library, as provided in Section 58-3a-105.
1165 [
1166 violation of unlawful or unprofessional conduct that are used for education and enforcement
1167 purposes, as provided in Section 58-17b-505.
1168 [
1169 access to an electronic reference library, as provided in Section 58-22-104.
1170 [
1171 access to an electronic reference library, as provided in Section 58-55-106.
1172 [
1173 access to an electronic reference library, as provided in Section 58-56-3.5.
1174 [
1175 education and enforcement of the Security Personnel Licensing Act, as provided in Section
1176 58-63-103.
1177 [
1178 [
1179 [
1180 background check for a mortgage loan license, as provided in Section 61-2c-202.
1181 [
1182 background check for principal broker, associate broker, and sales agent licenses, as provided
1183 in Section 61-2f-204.
1184 [
1185 provided in Section 26B-1-202.
1186 [
1187 provided in Section 80-2-404.
1188 [
1189 provided in Section 63G-3-402.
1190 [
1191 [
1192 provided in Section 63H-1-504.
1193 [
1194 63H-7a-303.
1195 [
1196 63H-7a-304.
1197 [
1198 63H-7a-403.
1199 [
1200 63N-6-204.
1201 [
1202 [
1203 inmates, as provided in Subsection 64-13e-104(2).
1204 [
1205 Fire, and State Lands, as provided in Section 65A-8-103.
1206 [
1207 72-16-204.
1208 [
1209 fines or bonds, as provided in Section 73-3-25.
1210 [
1211 Section 73-23-2.
1212 [
1213 under Section 77-11b-403.
1214 [
1215 Subsection 78A-6-203(1)(c).
1216 [
1217 [
1218 78B-6-141, 78B-6-144, and 78B-6-144.5.
1219 [
1220 Part 4, Utah Indigent Defense Commission.
1221 [
1222 created in Section 79-3-403.
1223 [
1224 State Park, and Green River State Park, as provided under Section 79-4-403.
1225 [
1226 disposal of buffalo, as provided under Section 79-4-1001.
1227 Section 17. Effective date.
1228 (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024
1229 (2) (a) Except as provided in Subsection (2)(b), if approved by two-thirds of all the
1230 members elected to each house, the actions affecting Section 59-12-205 take effect upon
1231 approval by the governor, or the day following the constitutional time limit of Utah
1232 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
1233 the date of veto override.
1234 (b) If this bill is not approved by two-thirds of all members elected to each house, the
1235 actions affecting Section 59-12-205 take effect on May 1, 2024.
1236 Section 18. Retrospective operation.
1237 Section 59-12-205 has retrospective operation to January 1, 2024.