2
3
4
5
6
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 ▸ renames and modifies the Utah Arts Advisory Board as the Utah Arts and Museums
14 Advisory Board and repeals the board with review on July 1, 2029;
15 ▸ repeals the Utah Health Care Workforce Financial Assistance Program Advisory
16 Committee;
17 ▸ renames and modifies the Opioid and Overdose Fatality Review Committee as the
18 Controlled Substances Scheduling and Opioid Fatality Advisory Committee and
19 repeals the committee with review on July 1, 2029;
20 ▸ modifies membership of the Employment Advisory Council and repeals the council
21 with review on July 1, 2029;
22 ▸ repeals the Governor's Committee on Employment of People with Disabilities on
23 October 1, 2024;
24 ▸ repeals the advisory council to advise and assist the Division of Services for the
25 Deaf and Hard of Hearing;
26 ▸ renames and modifies the Criminal Justice Data Management Task Force as the
27 Public Safety Data Management Task Force and repeals the task force on July 1,
28 2029;
29 ▸ repeals the Domestic Violence Data Task Force on October 1, 2024;
30 ▸ repeals the Private Investigator Hearing and Licensure Board on October 1, 2024;
31 ▸ renames and modifies the Bail Bond Recovery Licensure Board as the Bail Bond
32 Recovery and Private Investigator Licensure Board and repeals the board with
33 review on July 1, 2029;
34 ▸ modifies the duties of the Emergency Management Administration Council and
35 repeals the council with review on July 1, 2029;
36 ▸ repeals the Statewide Mutual Aid Committee on October 1, 2024;
37 ▸ renames and modifies the State Emergency Medical Services Committee as the
38 Trauma System and Emergency Medical Services Advisory Committee and repeals
39 the committee with review on July 1, 2029;
40 ▸ repeals the Trauma System Advisory Committee on October 1, 2024;
41 ▸ renames and modifies the Stroke Registry Advisory Committee as the Stroke and
42 Cardiac Advisory Registry Committee and repeals the committee with review on
43 July 1, 2029;
44 ▸ repeals the Cardiac Registry Advisory Committee on October 1, 2024;
45 ▸ modifies the Utah Victim Services Commission and repeals the commission with
46 review on July 1, 2029;
47 ▸ repeals the Crime Victim Reparations Assistance Board on October 1, 2024;
48 ▸ repeals the Utah Council on Victims of Crime on October 1, 2024;
49 ▸ repeals the Rural Online Working Hubs Grant Advisory Committee;
50 ▸ repeals the Rural Physician Loan Repayment Program Advisory Committee on July
51 1, 2026;
52 ▸ enacts language for the appointment of individuals to new or modified committees;
53 and
54 ▸ makes technical and conforming changes.
55 Money Appropriated in this Bill:
56 None
57 Other Special Clauses:
58 This bill provides a special effective date.
59 Utah Code Sections Affected:
60 AMENDS:
61 9-6-102, as last amended by Laws of Utah 2020, Chapter 419
62 9-6-202, as last amended by Laws of Utah 2020, Chapters 154, 419
63 9-6-301, as repealed and reenacted by Laws of Utah 2020, Chapter 419
64 9-6-302, as repealed and reenacted by Laws of Utah 2020, Chapter 419
65 9-6-304, as repealed and reenacted by Laws of Utah 2020, Chapter 419
66 9-6-504, as last amended by Laws of Utah 2020, Chapter 419
67 9-6-505, as last amended by Laws of Utah 2020, Chapter 419
68 11-48-103 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 16,
69 310 and 327
70 26B-1-202, as last amended by Laws of Utah 2023, Chapter 302
71 26B-1-204 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
72 249, 305
73 26B-1-204 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
74 305 and 310
75 26B-1-420, as last amended by Laws of Utah 2023, Chapter 281 and renumbered and
76 amended by Laws of Utah 2023, Chapter 305 and last amended by Coordination
77 Clause, Laws of Utah 2023, Chapter 305
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 53-2d-903 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
100 Chapters 305, 310
101 53-9-102, as last amended by Laws of Utah 2011, Chapter 432
102 53-11-102, as last amended by Laws of Utah 2015, Chapter 170
103 53-11-104, as last amended by Laws of Utah 2014, Chapter 134
104 53-11-105, as last amended by Laws of Utah 2013, Chapter 396
105 53-11-106, as last amended by Laws of Utah 2013, Chapter 51
106 53B-28-402, as last amended by Laws of Utah 2023, Chapter 16
107 58-37f-203, as last amended by Laws of Utah 2021, Chapter 340
108 63I-1-209, as last amended by Laws of Utah 2020, Chapters 154, 232 and last amended
109 by Coordination Clause, Laws of Utah 2020, Chapter 154
110 63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
111 269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
112 Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
113 2023, Chapters 329, 332
114 63I-1-235, as last amended by Laws of Utah 2023, Chapters 27, 52
115 63I-1-236, as last amended by Laws of Utah 2023, Chapters 112, 139, 228, and 475
116 63I-1-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 30,
117 52, 133, 161, 367, and 494
118 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25), as last amended by Laws of Utah 2023,
119 Chapters 30, 52, 133, 161, 310, 367, and 494
120 63I-1-253 (Contingently Effective 01/01/25), as last amended by Laws of Utah 2023,
121 Chapters 30, 52, 133, 161, 187, 310, 367, and 494
122 63I-1-263, as last amended by Laws of Utah 2023, Chapters 33, 47, 104, 109, 139, 155,
123 212, 218, 249, 270, 448, 489, and 534
124 63I-2-209, as last amended by Laws of Utah 2023, Chapter 33
125 63I-2-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
126 139, 249, 295, and 465 and repealed and reenacted by Laws of Utah 2023, Chapter
127 329
128 63I-2-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
129 139, 249, 295, 310, and 465 and repealed and reenacted by Laws of Utah 2023,
130 Chapter 329 and last amended by Coordination Clause, Laws of Utah 2023, Chapter
131 329
132 63I-2-235, as last amended by Laws of Utah 2022, Chapter 21
133 63I-2-236, as last amended by Laws of Utah 2023, Chapters 87, 101 and 273
134 63I-2-253 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 7, 21,
135 33, 142, 167, 168, 310, 380, 383, and 467
136 63I-2-258, as last amended by Laws of Utah 2020, Chapter 354
137 63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
138 63M-7-202, as last amended by Laws of Utah 2023, Chapter 150
139 63M-7-209 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 310,
140 330
141 63M-7-502, as last amended by Laws of Utah 2022, Chapters 148, 185 and 430
142 63M-7-507, as last amended by Laws of Utah 2020, Chapter 149
143 63M-7-508, as last amended by Laws of Utah 2020, Chapter 149
144 63M-7-511, as last amended by Laws of Utah 2023, Chapter 158
145 63M-7-516, as last amended by Laws of Utah 2020, Chapter 149
146 63M-7-517, as last amended by Laws of Utah 2020, Chapter 149
147 63M-7-519, as last amended by Laws of Utah 2020, Chapter 149
148 63M-7-521.5, as last amended by Laws of Utah 2020, Chapter 149
149 63M-7-522, as last amended by Laws of Utah 2020, Chapter 149
150 63M-7-525, as last amended by Laws of Utah 2020, Chapter 149
151 63M-7-902, as enacted by Laws of Utah 2023, Chapter 150
152 63M-7-904, as enacted by Laws of Utah 2023, Chapter 150
153 63N-4-502, as last amended by Laws of Utah 2022, Chapter 129
154 63N-4-504, as enacted by Laws of Utah 2019, Chapter 467
155 73-3d-201, as enacted by Laws of Utah 2023, Chapter 126
156 77-37-5, as last amended by Laws of Utah 2023, Chapter 237
157 ENACTS:
158 63C-1-103, Utah Code Annotated 1953
159 REPEALS AND REENACTS:
160 26B-1-403, as renumbered and amended by Laws of Utah 2023, Chapter 305
161 REPEALS:
162 26B-1-419, as renumbered and amended by Laws of Utah 2023, Chapter 305
163 35A-13-504, as renumbered and amended by Laws of Utah 2016, Chapter 271
164 53-11-125, as enacted by Laws of Utah 2018, Chapter 462
165 63N-4-505, as enacted by Laws of Utah 2019, Chapter 467
166
167 Be it enacted by the Legislature of the state of Utah:
168 Section 1. Section 9-6-102 is amended to read:
169 9-6-102. Definitions.
170 As used in this chapter:
171 (1) "Arts" means the various branches of creative human activity, including visual arts,
172 film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts,
173 and cultural vitality.
174 (2) "Arts and museums board" means the Utah Arts and Museums Advisory Board
175 created in Section 9-6-301.
176 (3) "Development" includes:
177 (a) constructing, expanding, or repairing a museum or other facility that houses arts or
178 cultural presentations;
179 (b) providing for public information, preservation, and access to museums, the arts,
180 and the cultural heritage of the state; and
181 (c) supporting the professional development of artists, cultural administrators, and
182 cultural leaders within the state.
183 (4) "Director" means the director of the Division of Arts and Museums.
184 (5) "Division" means the Division of Arts and Museums.
185 (6) "Museum" means an organized and permanent institution that:
186 (a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit
187 organization;
188 (b) has an educational or aesthetic purpose;
189 (c) owns or curates a tangible collection; and
190 (d) exhibits the collection to the public on a regular schedule.
191 [
192
193 Section 2. Section 9-6-202 is amended to read:
194 9-6-202. Division director.
195 (1) The chief administrative officer of the division shall be a director appointed by the
196 executive director in consultation with the arts and museums board [
197 (2) The director shall be a person experienced in administration and knowledgeable
198 about the arts and museums.
199 (3) In addition to the division, the director is the chief administrative officer for[
200 the Utah Arts and Museums Advisory Board created in Section 9-6-301[
201 [
202 Section 3. Section 9-6-301 is amended to read:
203 9-6-301. Utah Arts and Museums Advisory Board.
204 (1) There is created within the division the Utah Arts and Museums Advisory Board.
205 (2) (a) Except as provided in [
206 museums board shall consist of [
207 terms [
208 (b) The governor shall, at the time of appointment or reappointment, adjust the length
209 of terms to ensure that the terms of arts and museums board members are staggered so that
210 approximately half of the arts and museums board is appointed every two years.
211 [
212 (a) [
213 the following areas:
214 (i) visual arts, media arts, architecture, or design;
215 [
216 [
217 [
218 [
219 [
220 [
221 [
222 [
223 professionals who each have a minimum of five years of continuous paid work experience at a
224 museum;
225 (c) [
226 knowledgeable in or appreciative of the arts[
227 [
228 expertise in technology, marketing, business, or finance.
229 [
230
231 [
232 [
233
234 [
235 state at large with due consideration for geographical representation.
236 [
237 appoint a replacement member for the unexpired term within one month from the time of the
238 vacancy.
239 [
240 constitutes a quorum for the transaction of business.
241 [
242 from among the arts and museums board's members.
243 (b) The chair and the vice chair shall serve a term of two years.
244 [
245 [
246 benefits for the member's service, but may receive per diem and travel expenses in accordance
247 with:
248 (a) Sections 63A-3-106 and 63A-3-107; and
249 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
250 63A-3-107.
251 [
252 gifts, prizes, or awards of money from division funds during the member's term of office.
253 (11) The division shall provide staff to the arts and museums board.
254 Section 4. Section 9-6-302 is amended to read:
255 9-6-302. Arts and museums board powers and duties.
256 (1) The arts and museums board may:
257 (a) with the concurrence of the director, make rules governing the conduct of the arts
258 and museums board's business in accordance with Title 63G, Chapter 3, Utah Administrative
259 Rulemaking Act; and
260 (b) receive gifts, bequests, and property.
261 (2) The arts and museums board shall:
262 (a) act in an advisory capacity for the division;
263 (b) [
264 accordance with Subsection (3), advise the division [
265 art acquired and maintained under this part; and
266 (c) with the concurrence of the director, approve the allocation of arts grant money and
267 State of Utah Alice Merrill Horne Art Collection acquisition funding.
268 (3) When advising the division as described in Subsection (2)(b), the arts and museums
269 board shall, with the concurrence of the director, appoint and consult with any combination of
270 artists, art historians, museum professionals, gallery owners, knowledgeable art collectors, art
271 appraisers, or judges of art.
272 Section 5. Section 9-6-304 is amended to read:
273 9-6-304. State of Utah Alice Merrill Horne Art Collection.
274 (1) There is created the State of Utah Alice Merrill Horne Art Collection.
275 (2) The State of Utah Alice Merrill Horne Art Collection:
276 (a) consists of all works of art acquired under this part; and
277 (b) shall be held as the property of the state and under the control of the division.
278 (3) Works of art in the State of Utah Alice Merrill Horne Art Collection may be loaned
279 for exhibition purposes in accordance with recommendations from the arts and museums board
280 and rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative
281 Rulemaking Act.
282 (4) The division shall:
283 (a) take reasonable precautions to avoid damage or destruction to works of art in the
284 State of Utah Alice Merrill Horne Art Collection;
285 (b) procure insurance coverage for the works of art in the State of Utah Alice Merrill
286 Horne Art Collection; and
287 (c) ensure that all works of art shipped to and from any exhibition under this section
288 are packed by an expert packer.
289 (5) (a) The division may only deaccession works of art in the State of Utah Alice
290 Merrill Horne Art Collection in accordance with rules made by the division in accordance with
291 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
292 (b) A work of art in the State of Utah Alice Merrill Horne Art Collection that is to be
293 deaccessioned in accordance with division rule is not state surplus property as that term is
294 defined in Section 63A-2-101.5, and the division is not subject to the surplus property program
295 described in Section 63A-2-401 for that work of art.
296 Section 6. Section 9-6-504 is amended to read:
297 9-6-504. Duties of the division.
298 The division, in accordance with the provisions of this part, shall:
299 (1) allocate money from the state fund to the endowment fund created by a qualifying
300 organization under Section 9-6-503;
301 (2) determine the eligibility of each qualifying organization to receive money from the
302 state fund;
303 (3) determine the matching amount each qualifying organization shall raise in order to
304 qualify to receive money from the state fund;
305 (4) establish a date by which each qualifying organization shall provide its matching
306 funds;
307 (5) verify that matching funds have been provided by each qualifying organization by
308 the date determined in Subsection (4); and
309 (6) (a) in accordance with the provisions of this part and Title 63G, Chapter 3, Utah
310 Administrative Rulemaking Act, the division may establish criteria by rule for determining the
311 eligibility of qualifying organizations to receive money from the state fund; and
312 (b) in making rules under this Subsection (6), the division may consider the
313 recommendations of the arts and museums board [
314 Section 7. Section 9-6-505 is amended to read:
315 9-6-505. Eligibility requirements of qualifying arts organizations -- Allocation
316 limitations -- Matching requirements.
317 (1) Any qualifying organization may apply to receive money from the state fund to be
318 deposited in an endowment fund the organization has created under Section 9-6-503:
319 (a) if the qualifying organization has received a grant from the division during one of
320 the three years immediately before making application for state fund money under this
321 Subsection (1); or
322 (b) upon recommendation of the arts and museums board [
323 the qualifying organization has not received a grant from the board within the past three years.
324 (2) (a) The maximum amount that may be allocated to each qualifying organization
325 from the state fund shall be determined by the division by calculating the average cash income
326 of the qualifying organization during the past three fiscal years as contained in the qualifying
327 organization's final reports on file with the division.
328 (b) The division shall notify each qualifying organization of the maximum amount of
329 money from the state fund for which the qualifying organization qualifies.
330 (c) The minimum amount that may be allocated to each qualifying organization from
331 the state fund is $2,500.
332 (d) If the maximum amount for which the organization qualifies under the calculation
333 described in Subsection (2)(a) is less than $2,500, the organization may still apply for $2,500.
334 (3) (a) After the division determines that a qualifying organization is eligible to receive
335 money from the state fund and before any money is allocated to the qualifying organization
336 from the state fund, the qualifying organization shall match the amount qualified for with
337 money raised and designated exclusively for that purpose.
338 (b) State money, in-kind contributions, and preexisting endowment gifts may not be
339 used to match money from the state fund.
340 (4) The amount of match money described in Subsection (3) that a qualifying
341 organization is required to provide shall be based on a sliding scale as follows:
342 (a) any amount requested not exceeding $100,000 shall be matched one-to-one;
343 (b) any additional amount requested that makes the aggregate amount requested exceed
344 $100,000 but not exceed $500,000 shall be matched two-to-one; and
345 (c) any additional amount requested that makes the aggregate amount requested exceed
346 $500,000 shall be matched three-to-one.
347 (5) (a) Qualifying organizations shall raise the matching amount within three years
348 after applying for money from the state fund by a date determined by the division.
349 (b) Money from the state fund shall be released to the qualifying organization only
350 upon verification by the board that the matching money has been received on or before the date
351 determined under Subsection (5)(a).
352 (c) Verification of matching funds shall be made by a certified public accountant.
353 (d) Money from the state fund shall be released to qualifying organizations with
354 professional endowment management in increments not less than $20,000 as audited
355 confirmation of matching funds is received by the division.
356 (e) Money from the state fund shall be granted to each qualifying organization on the
357 basis of the matching funds a qualifying organization has raised by the date determined under
358 Subsection (5)(a).
359 Section 8. Section 11-48-103 (Effective 07/01/24) is amended to read:
360 11-48-103 (Effective 07/01/24). Provision of 911 ambulance services in
361 municipalities and counties.
362 (1) The governing body of each municipality and county shall, subject to Title 53,
363 Chapter 2d, Part 5, Ambulance and Paramedic Providers, ensure at least a minimum level of
364 911 ambulance services are provided:
365 (a) within the territorial limits of the municipality or county;
366 (b) by a ground ambulance provider, licensed by the Bureau of Emergency Medical
367 Services under Title 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers; and
368 (c) in accordance with rules established by the [
369 Medical Services Committee under [
370 (2) A municipality or county may:
371 (a) subject to Subsection (3), maintain and support 911 ambulance services for the
372 municipality's or county's own jurisdiction; or
373 (b) contract to:
374 (i) provide 911 ambulance services to any county, municipal corporation, special
375 district, special service district, interlocal entity, private corporation, nonprofit corporation,
376 state agency, or federal agency;
377 (ii) receive 911 ambulance services from any county, municipal corporation, special
378 district, special service district, interlocal entity, private corporation, nonprofit corporation,
379 state agency, or federal agency;
380 (iii) jointly provide 911 ambulance services with any county, municipal corporation,
381 special district, special service district, interlocal entity, private corporation, nonprofit
382 corporation, state agency, or federal agency; or
383 (iv) contribute toward the support of 911 ambulance services in any county, municipal
384 corporation, special district, special service district, interlocal entity, private corporation,
385 nonprofit corporation, state agency, or federal agency in return for 911 ambulance services.
386 (3) (a) A municipality or county that maintains and supports 911 ambulance services
387 for the municipality's or county's own jurisdiction under Subsection (2)(a) shall obtain a license
388 as a ground ambulance provider from the Bureau of Emergency Medical Services under Title
389 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers.
390 (b) Sections 53-2d-505 through 53-2d-505.3 do not apply to a license described in
391 Subsection (3)(a).
392 Section 9. Section 26B-1-202 is amended to read:
393 26B-1-202. Department authority and duties.
394 The department may, subject to applicable restrictions in state law and in addition to all
395 other authority and responsibility granted to the department by law:
396 (1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
397 Rulemaking Act, and not inconsistent with law, as the department may consider necessary or
398 desirable for providing health and social services to the people of this state;
399 (2) establish and manage client trust accounts in the department's institutions and
400 community programs, at the request of the client or the client's legal guardian or representative,
401 or in accordance with federal law;
402 (3) purchase, as authorized or required by law, services that the department is
403 responsible to provide for legally eligible persons;
404 (4) conduct adjudicative proceedings for clients and providers in accordance with the
405 procedures of Title 63G, Chapter 4, Administrative Procedures Act;
406 (5) establish eligibility standards for the department's programs, not inconsistent with
407 state or federal law or regulations;
408 (6) take necessary steps, including legal action, to recover money or the monetary value
409 of services provided to a recipient who was not eligible;
410 (7) set and collect fees for the department's services;
411 (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
412 or limited by law;
413 (9) acquire, manage, and dispose of any real or personal property needed or owned by
414 the department, not inconsistent with state law;
415 (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
416 the proceeds thereof, may be credited to the program designated by the donor, and may be used
417 for the purposes requested by the donor, as long as the request conforms to state and federal
418 policy; all donated funds shall be considered private, nonlapsing funds and may be invested
419 under guidelines established by the state treasurer;
420 (11) accept and employ volunteer labor or services; the department is authorized to
421 reimburse volunteers for necessary expenses, when the department considers that
422 reimbursement to be appropriate;
423 (12) carry out the responsibility assigned in the workforce services plan by the State
424 Workforce Development Board;
425 (13) carry out the responsibility assigned by Section 62A-5a-105 with respect to
426 coordination of services for students with a disability;
427 (14) provide training and educational opportunities for the department's staff;
428 (15) collect child support payments and any other money due to the department;
429 (16) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
430 whose child lives out of the home in a department licensed or certified setting;
431 (17) establish policy and procedures, within appropriations authorized by the
432 Legislature, in cases where the Division of Child and Family Services or the Division of
433 Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah
434 Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not
435 competent to proceed under Section 80-6-403, including:
436 (a) designation of interagency teams for each juvenile court district in the state;
437 (b) delineation of assessment criteria and procedures;
438 (c) minimum requirements, and timeframes, for the development and implementation
439 of a collaborative service plan for each minor placed in department custody; and
440 (d) provisions for submittal of the plan and periodic progress reports to the court;
441 (18) carry out the responsibilities assigned to the department by statute;
442 (19) examine and audit the expenditures of any public funds provided to a local
443 substance abuse authority, a local mental health authority, a local area agency on aging, and any
444 person, agency, or organization that contracts with or receives funds from those authorities or
445 agencies. Those local authorities, area agencies, and any person or entity that contracts with or
446 receives funds from those authorities or area agencies, shall provide the department with any
447 information the department considers necessary. The department is further authorized to issue
448 directives resulting from any examination or audit to a local authority, an area agency, and
449 persons or entities that contract with or receive funds from those authorities with regard to any
450 public funds. If the department determines that it is necessary to withhold funds from a local
451 mental health authority or local substance abuse authority based on failure to comply with state
452 or federal law, policy, or contract provisions, the department may take steps necessary to
453 ensure continuity of services. For purposes of this Subsection (19) "public funds" means the
454 same as that term is defined in Section 62A-15-102;
455 (20) in accordance with Subsection 26B-2-104(1)(d), accredit one or more agencies
456 and persons to provide intercountry adoption services;
457 (21) within legislative appropriations, promote and develop a system of care and
458 stabilization services:
459 (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
460 (b) that encompasses the department, department contractors, and the divisions,
461 offices, or institutions within the department, to:
462 (i) navigate services, funding resources, and relationships to the benefit of the children
463 and families whom the department serves;
464 (ii) centralize department operations, including procurement and contracting;
465 (iii) develop policies that govern business operations and that facilitate a system of care
466 approach to service delivery;
467 (iv) allocate resources that may be used for the children and families served by the
468 department or the divisions, offices, or institutions within the department, subject to the
469 restrictions in Section 63J-1-206;
470 (v) create performance-based measures for the provision of services; and
471 (vi) centralize other business operations, including data matching and sharing among
472 the department's divisions, offices, and institutions;
473 (22) ensure that any training or certification required of a public official or public
474 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
475 22, State Training and Certification Requirements, if the training or certification is required:
476 (a) under this title;
477 (b) by the department; or
478 (c) by an agency or division within the department;
479 (23) enter into cooperative agreements with the Department of Environmental Quality
480 to delineate specific responsibilities to assure that assessment and management of risk to
481 human health from the environment are properly administered;
482 (24) consult with the Department of Environmental Quality and enter into cooperative
483 agreements, as needed, to ensure efficient use of resources and effective response to potential
484 health and safety threats from the environment, and to prevent gaps in protection from potential
485 risks from the environment to specific individuals or population groups;
486 (25) to the extent authorized under state law or required by federal law, promote and
487 protect the health and wellness of the people within the state;
488 (26) establish, maintain, and enforce rules authorized under state law or required by
489 federal law to promote and protect the public health or to prevent disease and illness;
490 (27) investigate the causes of epidemic, infectious, communicable, and other diseases
491 affecting the public health;
492 (28) provide for the detection and reporting of communicable, infectious, acute,
493 chronic, or any other disease or health hazard which the department considers to be dangerous,
494 important, or likely to affect the public health;
495 (29) collect and report information on causes of injury, sickness, death, and disability
496 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
497 the state;
498 (30) collect, prepare, publish, and disseminate information to inform the public
499 concerning the health and wellness of the population, specific hazards, and risks that may affect
500 the health and wellness of the population and specific activities which may promote and protect
501 the health and wellness of the population;
502 (31) abate nuisances when necessary to eliminate sources of filth and infectious and
503 communicable diseases affecting the public health;
504 (32) make necessary sanitary and health investigations and inspections in cooperation
505 with local health departments as to any matters affecting the public health;
506 (33) establish laboratory services necessary to support public health programs and
507 medical services in the state;
508 (34) establish and enforce standards for laboratory services which are provided by any
509 laboratory in the state when the purpose of the services is to protect the public health;
510 (35) cooperate with the Labor Commission to conduct studies of occupational health
511 hazards and occupational diseases arising in and out of employment in industry, and make
512 recommendations for elimination or reduction of the hazards;
513 (36) cooperate with the local health departments, the Department of Corrections, the
514 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the [
515
516 testing for HIV infection of alleged sexual offenders, convicted sexual offenders, and any
517 victims of a sexual offense;
518 (37) investigate the causes of maternal and infant mortality;
519 (38) establish, maintain, and enforce a procedure requiring the blood of adult
520 pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
521 presence and concentration of alcohol, and provide the Commissioner of Public Safety with
522 monthly statistics reflecting the results of these examinations, with necessary safeguards so that
523 information derived from the examinations is not used for a purpose other than the compilation
524 of these statistics;
525 (39) establish qualifications for individuals permitted to draw blood under Subsection
526 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
527 issue permits to individuals the department finds qualified, which permits may be terminated or
528 revoked by the department;
529 (40) establish a uniform public health program throughout the state which includes
530 continuous service, employment of qualified employees, and a basic program of disease
531 control, vital and health statistics, sanitation, public health nursing, and other preventive health
532 programs necessary or desirable for the protection of public health;
533 (41) conduct health planning for the state;
534 (42) monitor the costs of health care in the state and foster price competition in the
535 health care delivery system;
536 (43) establish methods or measures for health care providers, public health entities, and
537 health care insurers to coordinate among themselves to verify the identity of the individuals the
538 providers serve;
539 (44) designate Alzheimer's disease and related dementia as a public health issue and,
540 within budgetary limitations, implement a state plan for Alzheimer's disease and related
541 dementia by incorporating the plan into the department's strategic planning and budgetary
542 process;
543 (45) coordinate with other state agencies and other organizations to implement the state
544 plan for Alzheimer's disease and related dementia;
545 (46) ensure that any training or certification required of a public official or public
546 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
547 22, State Training and Certification Requirements, if the training or certification is required by
548 the agency or under this title[
549
550 (47) oversee public education vision screening as described in Section 53G-9-404; and
551 (48) issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue
552 Alert.
553 Section 10. Section 26B-1-204 (Superseded 07/01/24) is amended to read:
554 26B-1-204 (Superseded 07/01/24). Creation of boards, divisions, and offices --
555 Power to organize department.
556 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
557 Utah Administrative Rulemaking Act, and not inconsistent with law for:
558 (a) the administration and government of the department;
559 (b) the conduct of the department's employees; and
560 (c) the custody, use, and preservation of the records, papers, books, documents, and
561 property of the department.
562 (2) The following policymaking boards, councils, and committees are created within
563 the Department of Health and Human Services:
564 (a) Board of Aging and Adult Services;
565 (b) Utah State Developmental Center Board;
566 (c) Health Facility Committee;
567 (d) State Emergency Medical Services Committee;
568 (e) Air Ambulance Committee;
569 (f) Health Data Committee;
570 [
571 [
572 [
573 [
574 [
575 and
576 [
577 (3) The following divisions are created within the Department of Health and Human
578 Services:
579 (a) relating to operations:
580 (i) the Division of Finance and Administration;
581 (ii) the Division of Licensing and Background Checks;
582 (iii) the Division of Customer Experience;
583 (iv) the Division of Data, Systems, and Evaluation; and
584 (v) the Division of Continuous Quality Improvement;
585 (b) relating to healthcare administration:
586 (i) the Division of Integrated Healthcare, which shall include responsibility for:
587 (A) the state's medical assistance programs; and
588 (B) behavioral health programs described in Chapter 5, Health Care - Substance Use
589 and Mental Health;
590 (ii) the Division of Aging and Adult Services; and
591 (iii) the Division of Services for People with Disabilities; and
592 (c) relating to community health and well-being:
593 (i) the Division of Child and Family Services;
594 (ii) the Division of Family Health;
595 (iii) the Division of Population Health;
596 (iv) the Division of Juvenile Justice and Youth Services; and
597 (v) the Office of Recovery Services.
598 (4) The executive director may establish offices and bureaus to facilitate management
599 of the department as required by, and in accordance with this title.
600 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
601 organizational structure relating to the department, including the organization of the
602 department's divisions and offices, notwithstanding the organizational structure described in
603 this title.
604 Section 11. Section 26B-1-204 (Effective 07/01/24) is amended to read:
605 26B-1-204 (Effective 07/01/24). Creation of boards, divisions, and offices -- Power
606 to organize department.
607 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
608 Utah Administrative Rulemaking Act, and not inconsistent with law for:
609 (a) the administration and government of the department;
610 (b) the conduct of the department's employees; and
611 (c) the custody, use, and preservation of the records, papers, books, documents, and
612 property of the department.
613 (2) The following policymaking boards, councils, and committees are created within
614 the Department of Health and Human Services:
615 (a) Board of Aging and Adult Services;
616 (b) Utah State Developmental Center Board;
617 (c) Health Facility Committee;
618 (d) Health Data Committee;
619 [
620 [
621 [
622 [
623 [
624 and
625 [
626 (3) The following divisions are created within the Department of Health and Human
627 Services:
628 (a) relating to operations:
629 (i) the Division of Finance and Administration;
630 (ii) the Division of Licensing and Background Checks;
631 (iii) the Division of Customer Experience;
632 (iv) the Division of Data, Systems, and Evaluation; and
633 (v) the Division of Continuous Quality Improvement;
634 (b) relating to healthcare administration:
635 (i) the Division of Integrated Healthcare, which shall include responsibility for:
636 (A) the state's medical assistance programs; and
637 (B) behavioral health programs described in Chapter 5, Health Care - Substance Use
638 and Mental Health;
639 (ii) the Division of Aging and Adult Services; and
640 (iii) the Division of Services for People with Disabilities; and
641 (c) relating to community health and well-being:
642 (i) the Division of Child and Family Services;
643 (ii) the Division of Family Health;
644 (iii) the Division of Population Health;
645 (iv) the Division of Juvenile Justice and Youth Services; and
646 (v) the Office of Recovery Services.
647 (4) The executive director may establish offices and bureaus to facilitate management
648 of the department as required by, and in accordance with this title.
649 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
650 organizational structure relating to the department, including the organization of the
651 department's divisions and offices, notwithstanding the organizational structure described in
652 this title.
653 Section 12. Section 26B-1-403 is repealed and reenacted to read:
654 26B-1-403. Controlled Substances Scheduling and Opioid Fatality Advisory
655 Committee -- Membership -- Duties -- Guidelines for scheduling or listing drugs.
656 (1) As used in this section:
657 (a) "Committee" means the Controlled Substances Scheduling and Opioid Fatality
658 Advisory Committee established under this section.
659 (b) "Controlled substance schedule" or "schedule" means a schedule described in
660 Subsection (15), (16), (17), (18), or (19).
661 (c) "Opioid overdose death" means a death primarily caused by opioids or another
662 substance that closely resembles an opioid.
663 (2) The department shall establish the Controlled Substances Scheduling and Opioid
664 Fatality Advisory Committee.
665 (3) The committee shall consist of:
666 (a) the executive director or the executive director's designee;
667 (b) the director of the Division of Professional Licensing, or the director's designee, as
668 described in Section 58-1-104;
669 (c) the commissioner of the Department of Public Safety, or the commissioner's
670 designee, as described in Section 53-1-107;
671 (d) the executive director of the State Commission on Criminal and Juvenile Justice, or
672 the executive director's designee, as described in Section 63M-7-203;
673 (e) the chief medical examiner, or the examiner's designee, as described in Section
674 26B-8-202;
675 (f) the bureau chief of the Bureau of Forensic Services, or the chief's designee, as
676 described in Section 53-10-401;
677 (g) director of the Office of Substance Use and Mental Health, or the director's
678 designee, as described in Section 26B-5-102;
679 (h) the director of the Utah Poison Control Center or the director's designee;
680 (i) a representative from:
681 (i) a state or local jail or detention center; or
682 (ii) state, county, or municipal law enforcement;
683 (j) one physician who is a member of the Medical Licensing Board created in Section
684 58-67-201;
685 (k) one pharmacist who is a member of the Utah State Board of Pharmacy created in
686 Section 58-17b-201;
687 (l) one psychiatrist who is currently licensed and practicing in the state;
688 (m) one advanced practice registered nurse or physician assistant who is currently
689 licensed and practicing in the state;
690 (n) one emergency medical services provider or an emergency medicine physician who
691 is currently licensed and practicing in the state; and
692 (o) one expert in substance abuse addiction.
693 (4) The executive director described in Subsection (3)(a) and the director described in
694 Subsection (3)(b), or their respective designees, are cochairs of the committee.
695 (5) (a) Each member described in Subsections (3)(i) through (o) is appointed by the
696 governor for a term of four years.
697 (b) Notwithstanding Subsection (5)(a), the governor shall, at the time of appointment
698 or reappointment, adjust the length of terms to ensure that the terms of committee members are
699 staggered so that approximately half of the members described in Subsections (3)(i) through (o)
700 are appointed every two years.
701 (6) A vacancy in a membership described in Subsections (3)(i) through (o) other than
702 the expiration of a term shall be filled for the unexpired term in the same manner as the original
703 appointment.
704 (7) (a) A majority of the members of the committee constitute a quorum of the
705 committee.
706 (b) The action of a majority of a quorum constitutes the action of the committee.
707 (c) The committee may meet up to eight times each year.
708 (8) The executive director shall appoint a committee coordinator.
709 (9) A member of the committee may not receive compensation or benefits for the
710 member's service, but may receive per diem and travel expenses in accordance with:
711 (a) Section 63A-3-106;
712 (b) Section 63A-3-107; and
713 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
714 63A-3-107.
715 (10) (a) The department shall give the committee access to all reports, records, and
716 other documents that are relevant to the committee's responsibilities under this section,
717 including reports, records, or documents that are private, controlled, or protected under Title
718 63G, Chapter 2, Government Records Access and Management Act.
719 (b) In accordance with Subsection 63G-2-206(6), the committee is subject to the same
720 restrictions on disclosure of a report, record, or other document received under Subsection
721 (10)(a) as the department.
722 (11) The committee serves as a consultative and advisory body to the Legislature
723 regarding:
724 (a) the movement of a controlled substance from one schedule or list to another;
725 (b) the removal of a controlled substance from any schedule or list; and
726 (c) the designation of a substance as a controlled substance and the placement of the
727 substance in a designated schedule or list.
728 (12) On or before September 30 of each year, the committee shall submit to the Health
729 and Human Services Interim Committee a written report:
730 (a) describing any substances recommended by the committee for scheduling,
731 rescheduling, listing, or deletion from the schedules or list by the Legislature; and
732 (b) stating the reasons for the recommendation.
733 (13) In advising the Legislature regarding the need to add, delete, relist, or reschedule a
734 substance, the committee shall consider:
735 (a) the actual or probable abuse of the substance, including:
736 (i) the history and current pattern of abuse both in Utah and in other states;
737 (ii) the scope, duration, and significance of abuse;
738 (iii) the degree of actual or probable detriment to public health which may result from
739 abuse of the substance; and
740 (iv) the probable physical and social impact of widespread abuse of the substance;
741 (b) the biomedical hazard of the substance, including:
742 (i) its pharmacology, including the effects and modifiers of the effects of the substance;
743 (ii) its toxicology, acute and chronic toxicity, interaction with other substances,
744 whether controlled or not, and the degree to which it may cause psychological or physiological
745 dependence; and
746 (iii) the risk to public health and the particular susceptibility of segments of the
747 population;
748 (c) whether the substance is an immediate precursor, as defined in Section 58-37-2, of
749 a substance that is currently a controlled substance;
750 (d) the current state of scientific knowledge regarding the substance, including whether
751 there is any acceptable means to safely use the substance under medical supervision;
752 (e) the relationship between the use of the substance and criminal activity, including
753 whether:
754 (i) persons engaged in illicit trafficking of the substance are also engaged in other
755 criminal activity;
756 (ii) the nature and relative profitability of manufacturing or delivering the substance
757 encourages illicit trafficking in the substance;
758 (iii) the commission of other crimes is one of the recognized effects of abuse of the
759 substance; and
760 (iv) addiction to the substance relates to the commission of crimes to facilitate the
761 continued use of the substance;
762 (f) whether the substance has been scheduled by other states; and
763 (g) whether the substance has any accepted medical use in treatment in the United
764 States.
765 (14) The committee's duties under this section do not include tobacco products as
766 defined in Section 59-14-102 or alcoholic beverages as defined in Section 32B-1-102.
767 (15) (a) The committee shall recommend placement of a substance in Schedule I if the
768 committee finds:
769 (i) that the substance has high potential for abuse; and
770 (ii) that an accepted standard has not been established for safe use in treatment for
771 medical purposes.
772 (b) The committee may recommend placement of a substance in Schedule I under
773 Section 58-37-4 if it finds that the substance is classified as a controlled substance in Schedule
774 I under federal law.
775 (16) (a) The committee shall recommend placement of a substance in Schedule II if the
776 committee finds that:
777 (i) the substance has high potential for abuse;
778 (ii) the substance has a currently accepted medical use in treatment in the United
779 States, or a currently accepted medical use subject to severe restrictions; and
780 (iii) the abuse of the substance may lead to severe psychological or physiological
781 dependence.
782 (b) The committee may recommend placement of a substance in Schedule II if the
783 committee finds that the substance is classified as a controlled substance in Schedule II under
784 federal law.
785 (17) (a) The committee shall recommend placement of a substance in Schedule III if
786 the committee finds that:
787 (i) the substance has a potential for abuse that is less than the potential for substances
788 listed in Schedules I and II;
789 (ii) the substance has a currently accepted medical use in treatment in the United
790 States; and
791 (iii) abuse of the substance may lead to moderate or low physiological dependence or
792 high psychological dependence.
793 (b) The committee may recommend placement of a substance in Schedule III if it finds
794 that the substance is classified as a controlled substance in Schedule III under federal law.
795 (18) (a) The committee shall recommend placement of a substance in Schedule IV if it
796 finds that:
797 (i) the substance has a low potential for abuse relative to substances in Schedule III;
798 (ii) the substance has currently accepted medical use in treatment in the United States;
799 and
800 (iii) abuse of the substance may lead to limited physiological dependence or
801 psychological dependence relative to the substances in Schedule III.
802 (b) The committee may recommend placement of a substance in Schedule IV if it finds
803 that the substance is classified as a controlled substance in Schedule IV under federal law.
804 (19) (a) The committee shall recommend placement of a substance in Schedule V if it
805 finds that:
806 (i) the substance has low potential for abuse relative to the controlled substances listed
807 in Schedule IV;
808 (ii) the substance has currently accepted medical use in treatment in the United States;
809 and
810 (iii) the substance has limited physiological dependence or psychological dependence
811 liability relative to the controlled substances listed in Schedule IV.
812 (b) The committee may recommend placement of a substance in Schedule V under this
813 section if it finds that the substance is classified as a controlled substance in Schedule V under
814 federal law.
815 (20) The committee may recommend placement of a substance on a controlled
816 substance list if it finds that the substance has a potential for abuse and that an accepted
817 standard has not been established for safe use in treatment for medical purposes.
818 (21) The committee shall:
819 (a) conduct a multidisciplinary review of available information regarding a decedent of
820 an opioid overdose death, which shall include:
821 (i) consideration of the decedent's points of contact with health care systems, social
822 services systems, criminal justice systems, and other systems; and
823 (ii) identification of specific factors that put the decedent at risk for opioid overdose;
824 (b) promote cooperation and coordination among government entities involved in
825 opioid misuse, abuse, or overdose prevention;
826 (c) develop an understanding of the causes and incidence of opioid overdose deaths in
827 the state;
828 (d) make recommendations for changes to law or policy that may prevent opioid
829 overdose deaths;
830 (e) inform public health and public safety entities of emerging trends in opioid
831 overdose deaths;
832 (f) monitor overdose trends on non-opioid overdose deaths; and
833 (g) review non-opioid overdose deaths in the manner described in Subsection (21)(a),
834 when the committee determines that there are a substantial number of overdose deaths in the
835 state caused by the use of a non-opioid.
836 (22) The committee may interview or request information from a staff member, a
837 provider, or any other person who may have knowledge or expertise that is relevant to the
838 review of an opioid overdose death.
839 (23) When an individual case is discussed in a committee meeting under Subsection
840 (21)(a), (21)(g), or (22), the committee shall close the meeting in accordance with Sections
841 52-4-204 through 52-4-206.
842 Section 13. Section 26B-1-420 is amended to read:
843 26B-1-420. Cannabis Research Review Board.
844 (1) As used in this section:
845 (a) "Cannabinoid product" means the same as that term is defined in Section 58-37-3.6.
846 (b) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
847 (2) (a) There is created the Cannabis Research Review Board within the department.
848 (b) The department shall appoint, in consultation with a professional association based
849 in the state that represents physicians, seven members to the Cannabis Research Review Board
850 as follows:
851 (i) three individuals who are medical research professionals; and
852 (ii) four physicians:
853 (A) who are qualified medical providers as defined in Section 26B-4-201; and
854 (B) at least two who have at least 100 patients with a medical cannabis patient card at
855 the time of appointment.
856 (3) The department shall ensure that at least one of the board members appointed under
857 Subsection (2)(b) is a member of the [
858 Substances Scheduling and Opioid Fatality Advisory Committee created in Section
859 [
860 (4) (a) Four of the board members appointed under Subsection (2)(b) shall serve an
861 initial term of two years and three of the board members appointed under Subsection (2)(b)
862 shall serve an initial term of four years.
863 (b) Successor board members shall each serve a term of four years.
864 (c) A board member appointed to fill a vacancy on the board shall serve the remainder
865 of the term of the board member whose departure created the vacancy.
866 (5) The department may remove a board member without cause.
867 (6) The board shall:
868 (a) nominate a board member to serve as chairperson of the board by a majority vote of
869 the board members; and
870 (b) meet as often as necessary to accomplish the duties assigned to the board under this
871 chapter.
872 (7) Each board member, including the chair, has one vote.
873 (8) (a) A majority of board members constitutes a quorum.
874 (b) A vote of a majority of the quorum at any board meeting is necessary to take action
875 on behalf of the board.
876 (9) A board member may not receive compensation for the member's service on the
877 board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
878 Chapter 3, Utah Administrative Rulemaking Act, receive:
879 (a) per diem at the rate established under Section 63A-3-106; and
880 (b) travel expenses at the rate established under Section 63A-3-107.
881 (10) If a board member appointed under Subsection (2)(b) does not meet the
882 qualifications of Subsection (2)(b) before July 1, 2022:
883 (a) the board member's seat is vacant; and
884 (b) the department shall fill the vacancy in accordance with this section.
885 (11) The board shall review any available scientific research related to the human use
886 of cannabis, a cannabinoid product, or an expanded cannabinoid product that:
887 (a) was conducted under a study approved by an institutional review board that is
888 registered for human subject research by the United States Department of Health and Human
889 Services;
890 (b) was conducted or approved by the federal government; or
891 (c) (i) was conducted in another country; and
892 (ii) demonstrates, as determined by the board, a sufficient level of scientific reliability
893 and significance to merit the board's review.
894 (12) Based on the research described in Subsection (11), the board shall evaluate the
895 safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
896 including:
897 (a) medical conditions that respond to cannabis, cannabinoid products, and expanded
898 cannabinoid products;
899 (b) cannabis and cannabinoid dosage amounts and medical dosage forms;
900 (c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products,
901 as defined in Section 58-37-3.6, with other treatments; and
902 (d) contraindications, adverse reactions, and potential side effects from use of cannabis,
903 cannabinoid products, and expanded cannabinoid products.
904 (13) Based on the board's evaluation under Subsection (12), the board shall develop
905 guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
906 product that include:
907 (a) a list of medical conditions, if any, that the board determines are appropriate for
908 treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded
909 cannabinoid product;
910 (b) a list of contraindications, side effects, and adverse reactions that are associated
911 with use of cannabis, cannabinoid products, or expanded cannabinoid products;
912 (c) a list of potential drug-drug interactions between medications that the United States
913 Food and Drug Administration has approved and cannabis, cannabinoid products, and
914 expanded cannabinoid products; and
915 (d) any other guideline the board determines appropriate.
916 (14) The board shall submit the guidelines described in Subsection (13) to the director
917 of the Division of Professional Licensing.
918 (15) Guidelines that the board develops under this section may not limit the availability
919 of cannabis, cannabinoid products, or expanded cannabinoid products permitted under Title 4,
920 Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4,
921 Part 2, Cannabinoid Research and Medical Cannabis.
922 (16) The board shall provide a report to the Health and Human Services Interim
923 Committee regarding the board's work before October 1 of each year.
924 (17) Based on the board's evaluation under Subsection (12), the board may provide
925 recommendations to the Medical Cannabis Policy Advisory Board created in Section
926 26B-1-435 regarding restrictions for a substance found in a medical cannabis product that:
927 (a) is likely harmful to human health; or
928 (b) is associated with a substance that is likely harmful to human health.
929 Section 14. Section 26B-4-702 is amended to read:
930 26B-4-702. Creation of Utah Health Care Workforce Financial Assistance
931 Program -- Duties of department.
932 (1) As used in this section:
933 (a) "Eligible professional" means a geriatric professional or a health care professional
934 who is eligible to participate in the program.
935 (b) "Geriatric professional" means a person who:
936 (i) is a licensed:
937 (A) health care professional;
938 (B) social worker;
939 (C) occupational therapist;
940 (D) pharmacist;
941 (E) physical therapist; or
942 (F) psychologist; and
943 (ii) is determined by the department to have adequate advanced training in geriatrics to
944 prepare the person to provide specialized geriatric care within the scope of the person's
945 profession.
946 (c) "Health care professional" means:
947 (i) a licensed:
948 (A) physician;
949 (B) physician assistant;
950 (C) nurse;
951 (D) dentist; or
952 (E) mental health therapist; or
953 (ii) another licensed health care professional designated by the department by rule.
954 (d) "Program" means the Utah Health Care Workforce Financial Assistance Program
955 created in this section.
956 (e) "Underserved area" means an area designated by the department as underserved by
957 health care professionals, based upon the results of a needs assessment developed by the
958 department [
959
960 (2) There is created within the department the Utah Health Care Workforce Financial
961 Assistance Program to provide, within funding appropriated by the Legislature for the
962 following purposes:
963 (a) professional education scholarships and loan repayment assistance to health care
964 professionals who locate or continue to practice in underserved areas; and
965 (b) loan repayment assistance to geriatric professionals who locate or continue to
966 practice in underserved areas.
967 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
968 department shall make rules governing the administration of the program, including rules that
969 address:
970 (a) application procedures;
971 (b) eligibility criteria;
972 (c) selection criteria;
973 (d) service conditions, which at a minimum shall include professional service in an
974 underserved area for a minimum period of time by any person receiving a scholarship or loan
975 repayment assistance;
976 (e) penalties for failure to comply with service conditions or other terms of a
977 scholarship or loan repayment contract;
978 (f) criteria for modifying or waiving service conditions or penalties in case of extreme
979 hardship or other good cause; and
980 (g) administration of contracts entered into before the effective date of this act,
981 between the department and scholarship or loan repayment recipients, as authorized by law.
982 (4) The department may provide education loan repayment assistance to an eligible
983 professional if the eligible professional:
984 (a) agrees to practice in an underserved area for the duration of the eligible
985 professional's participation in the program; and
986 (b) submits a written commitment from the health care facility employing the eligible
987 professional that the health care facility will provide education loan repayment assistance to the
988 eligible professional in an amount equal to 20% of the total award amount provided to the
989 eligible professional.
990 [
991
992
993 [
994 (a) shall be a line item within the appropriations act;
995 (b) shall be nonlapsing unless designated otherwise by the Legislature; and
996 (c) may be used to cover administrative costs of the program[
997
998
999 [
1000 other payments to the program are dedicated credits to the program.
1001 [
1002 and outcomes of the program.
1003 Section 15. Section 26B-8-231 is amended to read:
1004 26B-8-231. Overdose fatality examiner.
1005 (1) Within funds appropriated by the Legislature, the department shall provide
1006 compensation, at a standard rate determined by the department, to an overdose fatality
1007 examiner.
1008 (2) The overdose fatality examiner shall:
1009 (a) work with the medical examiner to compile data regarding overdose and opioid
1010 related deaths, including:
1011 (i) toxicology information;
1012 (ii) demographics; and
1013 (iii) the source of opioids or drugs;
1014 (b) as relatives of the deceased are willing, gather information from relatives of the
1015 deceased regarding the circumstances of the decedent's death;
1016 (c) maintain a database of information described in Subsections (2)(a) and (b);
1017 (d) coordinate no less than monthly with the suicide prevention coordinator described
1018 in Section 26B-5-611; and
1019 (e) coordinate no less than quarterly with the [
1020
1021 created in Section 26B-1-403.
1022 Section 16. Section 35A-4-502 is amended to read:
1023 35A-4-502. Administration of Employment Security Act.
1024 (1) (a) The department shall administer this chapter through the division.
1025 (b) The department may make, amend, or rescind any rules and special orders
1026 necessary for the administration of this chapter.
1027 (c) The division may:
1028 (i) employ persons;
1029 (ii) make expenditures;
1030 (iii) require reports;
1031 (iv) make investigations;
1032 (v) make audits of any or all funds provided for under this chapter when necessary; and
1033 (vi) take any other action it considers necessary or suitable to that end.
1034 (d) No later than the first day of October of each year, the department shall submit to
1035 the governor a report covering the administration and operation of this chapter during the
1036 preceding calendar year and shall make any recommendations for amendments to this chapter
1037 as the department considers proper.
1038 (e) (i) The report required under Subsection (1)(d) shall include a balance sheet of the
1039 money in the fund in which there shall be provided, if possible, a reserve against liability in
1040 future years to pay benefits in excess of the then current contributions, which reserve shall be
1041 set up by the division in accordance with accepted actuarial principles on the basis of statistics
1042 of employment, business activity, and other relevant factors for the longest possible period.
1043 (ii) Whenever the department believes that a change in contribution or benefit rates
1044 will become necessary to protect the solvency of the fund, it shall promptly inform the
1045 governor and the Legislature and make appropriate recommendations.
1046 (2) (a) The department may make, amend, or rescind rules in accordance with Title
1047 63G, Chapter 3, Utah Administrative Rulemaking Act.
1048 (b) The director of the division or the director's designee may adopt, amend, or rescind
1049 special orders after appropriate notice and opportunity to be heard. Special orders become
1050 effective 10 days after notification or mailing to the last-known address of the individuals or
1051 concerns affected thereby.
1052 (3) The director of the division or the director's designee shall cause to be printed for
1053 distribution to the public:
1054 (a) the text of this chapter;
1055 (b) the department's rules pertaining to this chapter;
1056 (c) the department's annual reports to the governor required by Subsection (1)(e); and
1057 (d) any other material the director of the division or the director's designee considers
1058 relevant and suitable and shall furnish them to any person upon application.
1059 (4) (a) The division may delegate to any person so appointed the power and authority it
1060 considers reasonable and proper for the effective administration of this chapter and may bond
1061 any person handling money or signing checks under this authority.
1062 (b) The department may, when permissible under federal and state law, make
1063 arrangements to voluntarily elect coverage under the United States Civil Service Retirement
1064 System or a comparable private retirement plan with respect to past as well as future services of
1065 individuals employed under this chapter who:
1066 (i) were hired prior to October 1, 1980; and
1067 (ii) have been retained by the department without significant interruption in the
1068 employees' services for the department.
1069 (c) An employee of the department who no longer may participate in a federal or other
1070 retirement system as a result of a change in status or appropriation under this chapter may
1071 purchase credit with the employee's assets from the federal or other retirement system in which
1072 the employee may no longer participate in a retirement system created under:
1073 (i) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act for a
1074 purchase made under this Subsection (4)(c) by an employee eligible for service credit under
1075 Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; or
1076 (ii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act,
1077 for a purchase made under this Subsection (4)(c) by an employee eligible for service credit
1078 under Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
1079 (5) There is created an Employment Advisory Council composed of the members listed
1080 in Subsections (5)(a) and (b).
1081 (a) The executive director shall appoint:
1082 (i) not less than [
1083 recommended by employers, employer associations, or employer groups;
1084 (ii) not less than [
1085 recommended by employees, employee associations, or employee groups; and
1086 (iii) [
1087 (b) The executive director or the executive director's designee shall serve as a
1088 nonvoting member of the council.
1089 (c) The employee representatives shall include both union and nonunion employees
1090 who fairly represent the percentage in the labor force of the state.
1091 (d) Employers and employees shall consider nominating members of groups who
1092 historically may have been excluded from the council, such as women, minorities, and
1093 individuals with disabilities.
1094 (e) (i) Except as required by Subsection (5)(e)(ii), as terms of current council members
1095 expire, the executive director shall appoint each new member or reappointed member to a
1096 four-year term.
1097 (ii) Notwithstanding the requirements of Subsection (5)(e)(i), the executive director
1098 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
1099 terms of council members are staggered so that approximately half of the council is appointed
1100 every two years.
1101 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
1102 appointed for the unexpired term.
1103 (g) The executive director shall terminate the term of any council member who ceases
1104 to be representative as designated by the council member's original appointment.
1105 (h) The council shall advise the department and the Legislature in formulating policies
1106 and discussing problems related to the administration of this chapter including:
1107 (i) reducing and preventing unemployment;
1108 (ii) encouraging the adoption of practical methods of vocational training, retraining,
1109 and vocational guidance;
1110 (iii) monitoring the implementation of the Wagner-Peyser Act;
1111 (iv) promoting the creation and development of job opportunities and the
1112 reemployment of unemployed workers throughout the state in every possible way; and
1113 (v) appraising the industrial potential of the state.
1114 (i) The council shall assure impartiality and freedom from political influence in the
1115 solution of the problems listed in Subsection (5)(h).
1116 (j) The executive director or the executive director's designee shall serve as chair of the
1117 council and call the necessary meetings.
1118 (k) A member may not receive compensation or benefits for the member's service, but
1119 may receive per diem and travel expenses in accordance with:
1120 (i) Section 63A-3-106;
1121 (ii) Section 63A-3-107; and
1122 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1123 63A-3-107.
1124 (l) The department shall provide staff support to the council.
1125 (6) In the discharge of the duties imposed by this chapter, the division director or the
1126 director's designee as designated by department rule, may in connection with a disputed matter
1127 or the administration of this chapter:
1128 (a) administer oaths and affirmations;
1129 (b) take depositions;
1130 (c) certify to official acts; and
1131 (d) issue subpoenas to compel the attendance of witnesses and the production of books,
1132 papers, correspondence, memoranda, and other records necessary as evidence.
1133 (7) (a) In case of contumacy by or refusal to obey a subpoena issued to any person, any
1134 court of this state within the jurisdiction of which the inquiry is carried on or within the
1135 jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or
1136 transacts business, upon application by the director of the division or the director's designee
1137 shall have jurisdiction to issue to that person an order requiring the person to appear before the
1138 director or the director's designee to produce evidence, if so ordered, or give testimony
1139 regarding the matter under investigation or in question. Any failure to obey that order of the
1140 court may be punished by the court as contempt.
1141 (b) Any person who, without just cause, fails or refuses to attend and testify or to
1142 answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other
1143 records, if it is in that person's power to do so, in obedience to a subpoena of the director or the
1144 director's designee shall be punished as provided in Subsection 35A-1-301(1)(b). Each day the
1145 violation continues is a separate offense.
1146 (c) In the event a witness asserts a privilege against self-incrimination, testimony and
1147 evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
1148 Immunity.
1149 (8) (a) In the administration of this chapter, the division shall cooperate with the United
1150 States Department of Labor to the fullest extent consistent with the provisions of this chapter
1151 and shall take action, through the adoption of appropriate rules by the department and
1152 administrative methods and standards, as necessary to secure to this state and its citizens all
1153 advantages available under the provisions of:
1154 (i) the Social Security Act that relate to unemployment compensation;
1155 (ii) the Federal Unemployment Tax Act; and
1156 (iii) the Federal-State Extended Unemployment Compensation Act of 1970.
1157 (b) In the administration of Section 35A-4-402, which is enacted to conform with the
1158 requirements of the Federal-State Extended Unemployment Compensation Act of 1970, 26
1159 U.S.C. Sec. 3304, the division shall take any action necessary to ensure that the section is
1160 interpreted and applied to meet the requirements of the federal act, as interpreted by the United
1161 States Department of Labor and to secure to this state the full reimbursement of the federal
1162 share of extended and regular benefits paid under this chapter that are reimbursable under the
1163 federal act.
1164 Section 17. Section 36-12-23 is amended to read:
1165 36-12-23. Legislative committees -- Staffing.
1166 As used in this section:
1167 (1) "Chair" means a presiding officer or a co-presiding officer of a legislative
1168 committee.
1169 (2) "Committee" means a standing committee, interim committee, subcommittee,
1170 special committee, authority, commission, council, task force, panel, or board in which
1171 legislative participation is required by law or legislative rule.
1172 (3) "Legislative committee" means a committee:
1173 (a) formed by the Legislature to study or oversee subjects of legislative concern; and
1174 (b) that is required by law or legislative rule to have a chair who is a legislator.
1175 (4) "Legislator" means a member of either house of the Legislature.
1176 (5) "Professional legislative office" means the Office of Legislative Research and
1177 General Counsel, the Office of the Legislative Fiscal Analyst, or the Office of the Legislative
1178 Auditor General.
1179 (6) (a) Except as provided in Subsection (7), a professional legislative office shall
1180 provide staff support to a legislative committee.
1181 (b) If a law or legislative rule does not designate which particular professional
1182 legislative office shall provide staff support to a legislative committee, that office shall be the
1183 Office of Legislative Research and General Counsel.
1184 (7) This section does not apply to:
1185 (a) the Point of the Mountain State Land Authority created in Section 11-59-201;
1186 (b) the Utah Broadband Center Advisory Commission created in Section 36-29-109;
1187 (c) the Blockchain and Digital Innovation Task Force created in Section 36-29-110;
1188 (d) the [
1189 Section 36-29-111;
1190 (e) the Constitutional Defense Council created in Section 63C-4a-202;
1191 (f) the Women in the Economy Subcommittee created in Section 63N-1b-402;
1192 (g) the House Ethics Committee established under Legislative Joint Rule JR6-2-101; or
1193 (h) the Senate Ethics Committee established under Legislative Joint Rule JR6-2-101.
1194 Section 18. Section 36-29-111 is amended to read:
1195 36-29-111. Public Safety Data Management Task Force.
1196 (1) As used in this section[
1197 (a) "Cohabitant abuse protective order" means an order issued with or without notice to
1198 the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective
1199 Orders.
1200 (b) "Lethality assessment" means an evidence-based assessment that is intended to
1201 identify a victim of domestic violence who is at a high risk of being killed by the perpetrator.
1202 (c) "Task force" means the [
1203 Force created in this section.
1204 (d) "Victim" means an individual who is a victim of domestic violence, as defined in
1205 Section 77-36-1.
1206 (2) There is created the [
1207 consisting of the following members:
1208 (a) three members of the Senate appointed by the president of the Senate, no more than
1209 two of whom may be from the same political party;
1210 (b) three members of the House of Representatives appointed by the speaker of the
1211 House of Representatives, no more than two of whom may be from the same political party;
1212 and
1213 (c) representatives from the following organizations as requested by the executive
1214 director of the State Commission on Criminal and Juvenile Justice:
1215 (i) the State Commission on Criminal and Juvenile Justice;
1216 [
1217 [
1218 [
1219 [
1220 [
1221 [
1222 [
1223 [
1224 [
1225 [
1226 (x) the Department of Health and Human Services;
1227 (xi) the Utah Division of Indian Affairs; and
1228 [
1229 [
1230 director of the Commission on Criminal and Juvenile Justice.
1231 (3) (a) The president of the Senate shall designate a member of the Senate appointed
1232 under Subsection (2)(a) as a cochair of the task force.
1233 (b) The speaker of the House of Representatives shall designate a member of the House
1234 of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
1235 (4) (a) A majority of the members of the task force present at a meeting constitutes a
1236 quorum.
1237 (b) The action of a majority of a quorum constitutes an action of the task force.
1238 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
1239 be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
1240 Legislator Compensation.
1241 (b) A member of the task force who is not a legislator:
1242 (i) may not receive compensation for the member's work associated with the task force;
1243 and
1244 (ii) may receive per diem and reimbursement for travel expenses incurred as a member
1245 of the task force at the rates established by the Division of Finance under Sections 63A-3-106
1246 and 63A-3-107.
1247 (6) The State Commission on Criminal and Juvenile Justice shall provide staff support
1248 to the task force.
1249 (7) The task force shall review the state's current criminal justice data collection
1250 requirements and make recommendations regarding:
1251 (a) possible ways to connect the various records systems used throughout the state so
1252 that data can be shared between criminal justice agencies and with policymakers;
1253 (b) ways to automate the collection, storage, and dissemination of the data;
1254 (c) standardizing the format of data collection and retention; [
1255 (d) the collection of domestic violence data in the state; and
1256 [
1257 [
1258
1259 [
1260 [
1261 [
1262 (8) On or before November 30 of each year, the task force shall provide a report to the
1263 Law Enforcement and Criminal Justice Interim Committee and the Legislative Management
1264 Committee that includes:
1265 (a) recommendations in accordance with Subsection (7)(a);
1266 (b) information on:
1267 (i) lethality assessments conducted in the state, including:
1268 (A) the type of lethality assessments used by law enforcement agencies and other
1269 organizations that provide domestic violence services; and
1270 (B) training and protocols implemented by law enforcement agencies and the
1271 organizations described in Subsection (8)(b)(i)(A) regarding the use of lethality assessments;
1272 (ii) the data collection efforts implemented by law enforcement agencies and the
1273 organizations described in Subsection (8)(b)(i)(A);
1274 (iii) the number of cohabitant abuse protective orders that, in the immediately
1275 preceding calendar year, were:
1276 (A) issued;
1277 (B) amended or dismissed before the date of expiration; or
1278 (C) dismissed under Section 78B-7-605; and
1279 (iv) the prevalence of domestic violence in the state and the prevalence of the
1280 following in domestic violence cases:
1281 (A) stalking;
1282 (B) strangulation;
1283 (C) violence in the presence of a child; and
1284 (D) threats of suicide or homicide;
1285 (c) a review of and feedback on:
1286 (i) lethality assessment training and protocols implemented by law enforcement
1287 agencies and the organizations described in Subsection (8)(b)(i)(A); and
1288 (ii) the collection of domestic violence data in the state, including:
1289 (A) the coordination between state, local, and not-for-profit agencies to collect data
1290 from lethality assessments and on the prevalence of domestic violence, including the number of
1291 voluntary commitments of firearms under Section 53-5c-201;
1292 (B) efforts to standardize the format for collecting domestic violence and lethality
1293 assessment data from state, local, and not-for-profit agencies within federal confidentiality
1294 requirements; and
1295 (C) the need for any additional data collection requirements or efforts; and
1296 (d) any proposed legislation.
1297 Section 19. Section 52-4-205 is amended to read:
1298 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
1299 meetings.
1300 (1) A closed meeting described under Section 52-4-204 may only be held for:
1301 (a) except as provided in Subsection (3), discussion of the character, professional
1302 competence, or physical or mental health of an individual;
1303 (b) strategy sessions to discuss collective bargaining;
1304 (c) strategy sessions to discuss pending or reasonably imminent litigation;
1305 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
1306 including any form of a water right or water shares, or to discuss a proposed development
1307 agreement, project proposal, or financing proposal related to the development of land owned by
1308 the state, if public discussion would:
1309 (i) disclose the appraisal or estimated value of the property under consideration; or
1310 (ii) prevent the public body from completing the transaction on the best possible terms;
1311 (e) strategy sessions to discuss the sale of real property, including any form of a water
1312 right or water shares, if:
1313 (i) public discussion of the transaction would:
1314 (A) disclose the appraisal or estimated value of the property under consideration; or
1315 (B) prevent the public body from completing the transaction on the best possible terms;
1316 (ii) the public body previously gave public notice that the property would be offered for
1317 sale; and
1318 (iii) the terms of the sale are publicly disclosed before the public body approves the
1319 sale;
1320 (f) discussion regarding deployment of security personnel, devices, or systems;
1321 (g) investigative proceedings regarding allegations of criminal misconduct;
1322 (h) as relates to the Independent Legislative Ethics Commission, conducting business
1323 relating to the receipt or review of ethics complaints;
1324 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
1325 Subsection 52-4-204(1)(a)(iii)(C);
1326 (j) as relates to the Independent Executive Branch Ethics Commission created in
1327 Section 63A-14-202, conducting business relating to an ethics complaint;
1328 (k) as relates to a county legislative body, discussing commercial information as
1329 defined in Section 59-1-404;
1330 (l) as relates to the Utah Higher Education Savings Board of Trustees and its appointed
1331 board of directors, discussing fiduciary or commercial information;
1332 (m) deliberations, not including any information gathering activities, of a public body
1333 acting in the capacity of:
1334 (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
1335 during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
1336 (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
1337 decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
1338 (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
1339 Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
1340 Procurement Appeals Board;
1341 (n) the purpose of considering information that is designated as a trade secret, as
1342 defined in Section 13-24-2, if the public body's consideration of the information is necessary to
1343 properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
1344 (o) the purpose of discussing information provided to the public body during the
1345 procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
1346 the meeting:
1347 (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
1348 disclosed to a member of the public or to a participant in the procurement process; and
1349 (ii) the public body needs to review or discuss the information to properly fulfill its
1350 role and responsibilities in the procurement process;
1351 (p) as relates to the governing board of a governmental nonprofit corporation, as that
1352 term is defined in Section 11-13a-102, the purpose of discussing information that is designated
1353 as a trade secret, as that term is defined in Section 13-24-2, if:
1354 (i) public knowledge of the discussion would reasonably be expected to result in injury
1355 to the owner of the trade secret; and
1356 (ii) discussion of the information is necessary for the governing board to properly
1357 discharge the board's duties and conduct the board's business;
1358 (q) as it relates to the Cannabis Production Establishment Licensing Advisory Board,
1359 to review confidential information regarding violations and security requirements in relation to
1360 the operation of cannabis production establishments;
1361 (r) considering a loan application, if public discussion of the loan application would
1362 disclose:
1363 (i) nonpublic personal financial information; or
1364 (ii) a nonpublic trade secret, as defined in Section 13-24-2, or nonpublic business
1365 financial information the disclosure of which would reasonably be expected to result in unfair
1366 competitive injury to the person submitting the information;
1367 (s) a discussion of the board of the Point of the Mountain State Land Authority, created
1368 in Section 11-59-201, regarding a potential tenant of point of the mountain state land, as
1369 defined in Section 11-59-102; or
1370 (t) a purpose for which a meeting is required to be closed under Subsection (2).
1371 (2) The following meetings shall be closed:
1372 (a) a meeting of the Health and Human Services Interim Committee to review a report
1373 described in Subsection 26B-1-506(1)(a), and the responses to the report described in
1374 Subsections 26B-1-506(2) and (4);
1375 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
1376 (i) review a report described in Subsection 26B-1-506(1)(a), and the responses to the
1377 report described in Subsections 26B-1-506(2) and (4); or
1378 (ii) review and discuss an individual case, as described in Subsection 36-33-103(2);
1379 (c) a meeting of the [
1380 Substances Scheduling and Opioid Fatality Advisory Committee, created in Section
1381 26B-1-403, to review and discuss an individual case, as described in Subsection
1382 [
1383 (d) a meeting of a conservation district as defined in Section 17D-3-102 for the
1384 purpose of advising the Natural Resource Conservation Service of the United States
1385 Department of Agriculture on a farm improvement project if the discussed information is
1386 protected information under federal law;
1387 (e) a meeting of the Compassionate Use Board established in Section 26B-1-421 for
1388 the purpose of reviewing petitions for a medical cannabis card in accordance with Section
1389 26B-1-421;
1390 (f) a meeting of the Colorado River Authority of Utah if:
1391 (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in
1392 the Colorado River system; and
1393 (ii) failing to close the meeting would:
1394 (A) reveal the contents of a record classified as protected under Subsection
1395 63G-2-305(82);
1396 (B) reveal a legal strategy relating to the state's claim to the use of the water in the
1397 Colorado River system;
1398 (C) harm the ability of the Colorado River Authority of Utah or river commissioner to
1399 negotiate the best terms and conditions regarding the use of water in the Colorado River
1400 system; or
1401 (D) give an advantage to another state or to the federal government in negotiations
1402 regarding the use of water in the Colorado River system;
1403 (g) a meeting of the General Regulatory Sandbox Program Advisory Committee if:
1404 (i) the purpose of the meeting is to discuss an application for participation in the
1405 regulatory sandbox as defined in Section 63N-16-102; and
1406 (ii) failing to close the meeting would reveal the contents of a record classified as
1407 protected under Subsection 63G-2-305(83);
1408 (h) a meeting of a project entity if:
1409 (i) the purpose of the meeting is to conduct a strategy session to discuss market
1410 conditions relevant to a business decision regarding the value of a project entity asset if the
1411 terms of the business decision are publicly disclosed before the decision is finalized and a
1412 public discussion would:
1413 (A) disclose the appraisal or estimated value of the project entity asset under
1414 consideration; or
1415 (B) prevent the project entity from completing on the best possible terms a
1416 contemplated transaction concerning the project entity asset;
1417 (ii) the purpose of the meeting is to discuss a record, the disclosure of which could
1418 cause commercial injury to, or confer a competitive advantage upon a potential or actual
1419 competitor of, the project entity;
1420 (iii) the purpose of the meeting is to discuss a business decision, the disclosure of
1421 which could cause commercial injury to, or confer a competitive advantage upon a potential or
1422 actual competitor of, the project entity; or
1423 (iv) failing to close the meeting would prevent the project entity from getting the best
1424 price on the market; and
1425 (i) a meeting of the School Activity Eligibility Commission, described in Section
1426 53G-6-1003, if the commission is in effect in accordance with Section 53G-6-1002, to
1427 consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student's
1428 eligibility to participate in an interscholastic activity, as that term is defined in Section
1429 53G-6-1001, including the commission's determinative vote on the student's eligibility.
1430 (3) In a closed meeting, a public body may not:
1431 (a) interview a person applying to fill an elected position;
1432 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
1433 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
1434 or
1435 (c) discuss the character, professional competence, or physical or mental health of the
1436 person whose name was submitted for consideration to fill a midterm vacancy or temporary
1437 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
1438 Temporary Absence in Elected Office.
1439 Section 20. Section 53-1-104 (Effective 07/01/24) is amended to read:
1440 53-1-104 (Effective 07/01/24). Boards, bureaus, councils, divisions, and offices.
1441 (1) The following are the policymaking boards and committees within the department:
1442 (a) the [
1443 Section 53-2d-104;
1444 (b) the Air Ambulance Committee created in Section 53-2d-107;
1445 (c) the Driver License Medical Advisory Board, created in Section 53-3-303;
1446 (d) the Concealed Firearm Review Board, created in Section 53-5-703;
1447 (e) the Utah Fire Prevention Board, created in Section 53-7-203; and
1448 (f) the Liquified Petroleum Gas Board, created in Section 53-7-304[
1449 [
1450
1451 (2) The Peace Officer Standards and Training Council, created in Section 53-6-106, is
1452 within the department.
1453 (3) The following are the divisions within the department:
1454 (a) the Administrative Services Division, created in Section 53-1-203;
1455 (b) the Management Information Services Division, created in Section 53-1-303;
1456 (c) the Division of Emergency Management, created in Section 53-2a-103;
1457 (d) the Driver License Division, created in Section 53-3-103;
1458 (e) the Criminal Investigations and Technical Services Division, created in Section
1459 53-10-103;
1460 (f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
1461 (g) the State Fire Marshal Division, created in Section 53-7-103; and
1462 (h) the Utah Highway Patrol Division, created in Section 53-8-103.
1463 (4) The Office of Executive Protection is created in Section 53-1-112.
1464 (5) The following are the bureaus within the department:
1465 (a) the Bureau of Emergency Medical Services, created in Section 53-2d-102;
1466 (b) the Bureau of Criminal Identification, created in Section 53-10-201;
1467 (c) the State Bureau of Investigation, created in Section 53-10-301;
1468 (d) the Bureau of Forensic Services, created in Section 53-10-401; and
1469 (e) the Bureau of Communications, created in Section 53-10-501.
1470 Section 21. Section 53-1-106 is amended to read:
1471 53-1-106. Department duties -- Powers.
1472 (1) In addition to the responsibilities contained in this title, the department shall:
1473 (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
1474 Code, including:
1475 (i) setting performance standards for towing companies to be used by the department,
1476 as required by Section 41-6a-1406; and
1477 (ii) advising the Department of Transportation regarding the safe design and operation
1478 of school buses, as required by Section 41-6a-1304;
1479 (b) make rules to establish and clarify standards pertaining to the curriculum and
1480 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
1481 (c) aid in enforcement efforts to combat drug trafficking;
1482 (d) meet with the Division of Technology Services to formulate contracts, establish
1483 priorities, and develop funding mechanisms for dispatch and telecommunications operations;
1484 (e) provide assistance to the [
1485 Criminal and Juvenile Justice and the Utah Office for Victims of Crime in conducting research
1486 or monitoring victims' programs, as required by Section [
1487 (f) develop sexual assault exam protocol standards in conjunction with the Utah
1488 Hospital Association;
1489 (g) engage in emergency planning activities, including preparation of policy and
1490 procedure and rulemaking necessary for implementation of the federal Emergency Planning
1491 and Community Right to Know Act of 1986, as required by Section 53-2a-702;
1492 (h) implement the provisions of Section 53-2a-402, the Emergency Management
1493 Assistance Compact;
1494 (i) ensure that any training or certification required of a public official or public
1495 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1496 22, State Training and Certification Requirements, if the training or certification is required:
1497 (i) under this title;
1498 (ii) by the department; or
1499 (iii) by an agency or division within the department;
1500 (j) employ a law enforcement officer as a public safety liaison to be housed at the State
1501 Board of Education who shall work with the State Board of Education to:
1502 (i) support training with relevant state agencies for school resource officers as
1503 described in Section 53G-8-702;
1504 (ii) coordinate the creation of model policies and memorandums of understanding for a
1505 local education agency and a local law enforcement agency; and
1506 (iii) ensure cooperation between relevant state agencies, a local education agency, and
1507 a local law enforcement agency to foster compliance with disciplinary related statutory
1508 provisions, including Sections 53E-3-516 and 53G-8-211;
1509 (k) provide for the security and protection of public officials, public officials' staff, and
1510 the capitol hill complex in accordance with the provisions of this part; and
1511 (l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
1512 assessments.
1513 (2) (a) The department shall establish a schedule of fees as required or allowed in this
1514 title for services provided by the department.
1515 (b) All fees not established in statute shall be established in accordance with Section
1516 63J-1-504.
1517 (3) The department may establish or contract for the establishment of an Organ
1518 Procurement Donor Registry in accordance with Section 26B-8-319.
1519 Section 22. Section 53-2a-105 is amended to read:
1520 53-2a-105. Emergency Management Administration Council created -- Function
1521 -- Composition -- Expenses.
1522 (1) There is created the Emergency Management Administration Council to:
1523 (a) provide advice and coordination for state and local government agencies on
1524 government emergency prevention, mitigation, preparedness, response, and recovery actions
1525 and activities[
1526 (b) review the progress and status of the statewide mutual aid system as defined in
1527 Section 53-2a-302;
1528 (c) assist in developing methods to track and evaluate activation of the statewide
1529 mutual aid system; and
1530 (d) examine issues facing participating political subdivisions, as defined in Section
1531 53-2a-302, regarding implementation of the statewide mutual aid system.
1532 (2) The council shall develop comprehensive guidelines and procedures that address
1533 the operation of the statewide mutual aid system, including:
1534 (a) projected or anticipated costs of responding to emergencies;
1535 (b) checklists for requesting and providing assistance;
1536 (c) record keeping for participating political subdivisions;
1537 (d) reimbursement procedures and other necessary implementation elements and
1538 necessary forms for requests; and
1539 (e) other records documenting deployment and return of assets.
1540 (3) The council may prepare an annual report on the condition and effectiveness of the
1541 statewide mutual aid system, make recommendations for correcting any deficiencies, and
1542 submit the report to the Political Subdivisions Interim Committee.
1543 [
1544 [
1545 (a) lieutenant governor, or the lieutenant governor's designee;
1546 (b) attorney general, or the attorney general's designee;
1547 (c) heads of the following state agencies, or their designees:
1548 (i) Department of Public Safety;
1549 (ii) Division of Emergency Management;
1550 (iii) Department of Transportation;
1551 (iv) Department of Health;
1552 (v) Department of Environmental Quality;
1553 (vi) Department of Workforce Services;
1554 (vii) Department of Natural Resources;
1555 (viii) Department of Agriculture and Food;
1556 (ix) Division of Technology Services; and
1557 (x) Division of Indian Affairs;
1558 (d) adjutant general of the National Guard or the adjutant general's designee;
1559 (e) statewide interoperability coordinator of the Utah Communications Authority or the
1560 coordinator's designee;
1561 (f) two representatives with expertise in emergency management appointed by the Utah
1562 League of Cities and Towns;
1563 (g) two representatives with expertise in emergency management appointed by the
1564 Utah Association of Counties;
1565 (h) up to four additional members with expertise in emergency management, critical
1566 infrastructure, or key resources as these terms are defined under [
1567 U.S.C. Sec. 101 appointed from the private sector, by the co-chairs of the council;
1568 (i) two representatives appointed by the Utah Emergency Management Association;
1569 (j) one representative from the Urban Area Working Group, appointed by the council
1570 co-chairs;
1571 (k) one representative from education, appointed by the council co-chairs; and
1572 (l) one representative from a volunteer or faith-based organization, appointed by the
1573 council co-chairs.
1574 [
1575 council.
1576 [
1577 but may receive per diem and travel expenses in accordance with:
1578 (a) Section 63A-3-106;
1579 (b) Section 63A-3-107; and
1580 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1581 63A-3-107.
1582 [
1583 entities including:
1584 (a) the Emergency Management Regional Committees established by the Department
1585 of Public Safety; and
1586 [
1587 [
1588 Section 53-2a-703.
1589 [
1590 and task forces as determined necessary by the council to carry out the duties of the council.
1591 Section 23. Section 53-2d-101 (Effective 07/01/24) is amended to read:
1592 53-2d-101 (Effective 07/01/24). Definitions.
1593 As used in this chapter:
1594 (1) (a) "911 ambulance or paramedic services" means:
1595 (i) either:
1596 (A) 911 ambulance service;
1597 (B) 911 paramedic service; or
1598 (C) both 911 ambulance and paramedic service; and
1599 (ii) a response to a 911 call received by a designated dispatch center that receives 911
1600 or E911 calls.
1601 (b) "911 ambulance or paramedic services" does not mean a seven or 10 digit
1602 telephone call received directly by an ambulance provider licensed under this chapter.
1603 (2) "Account" means the Automatic External Defibrillator Restricted Account, created
1604 in Section 53-2d-809.
1605 (3) "Ambulance" means a ground, air, or water vehicle that:
1606 (a) transports patients and is used to provide emergency medical services; and
1607 (b) is required to obtain a permit under Section 53-2d-404 to operate in the state.
1608 (4) "Ambulance provider" means an emergency medical service provider that:
1609 (a) transports and provides emergency medical care to patients; and
1610 (b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
1611 (5) "Automatic external defibrillator" or "AED" means an automated or automatic
1612 computerized medical device that:
1613 (a) has received pre-market notification approval from the United States Food and
1614 Drug Administration, pursuant to 21 U.S.C. Sec. 360(k);
1615 (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
1616 ventricular tachycardia;
1617 (c) is capable of determining, without intervention by an operator, whether
1618 defibrillation should be performed; and
1619 (d) upon determining that defibrillation should be performed, automatically charges,
1620 enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and
1621 to an individual's heart.
1622 (6) (a) "Behavioral emergency services" means delivering a behavioral health
1623 intervention to a patient in an emergency context within a scope and in accordance with
1624 guidelines established by the department.
1625 (b) "Behavioral emergency services" does not include engaging in the:
1626 (i) practice of mental health therapy as defined in Section 58-60-102;
1627 (ii) practice of psychology as defined in Section 58-61-102;
1628 (iii) practice of clinical social work as defined in Section 58-60-202;
1629 (iv) practice of certified social work as defined in Section 58-60-202;
1630 (v) practice of marriage and family therapy as defined in Section 58-60-302;
1631 (vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
1632 (vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
1633 (7) "Bureau" means the Bureau of Emergency Medical Services created in Section
1634 53-2d-102.
1635 (8) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
1636 chest compression applied to a person who is unresponsive and not breathing.
1637 (9) "Committee" means the [
1638 Committee created by Section 53-2d-104.
1639 (10) "Community paramedicine" means medical care:
1640 (a) provided by emergency medical service personnel; and
1641 (b) provided to a patient who is not:
1642 (i) in need of ambulance transportation; or
1643 (ii) located in a health care facility as defined in Section 26B-2-201.
1644 (11) "Division" means the Division of Emergency Management created in Section
1645 53-2a-103.
1646 (12) "Direct medical observation" means in-person observation of a patient by a
1647 physician, registered nurse, physician's assistant, or individual licensed under Section
1648 26B-4-116.
1649 (13) "Emergency medical condition" means:
1650 (a) a medical condition that manifests itself by symptoms of sufficient severity,
1651 including severe pain, that a prudent layperson, who possesses an average knowledge of health
1652 and medicine, could reasonably expect the absence of immediate medical attention to result in:
1653 (i) placing the individual's health in serious jeopardy;
1654 (ii) serious impairment to bodily functions; or
1655 (iii) serious dysfunction of any bodily organ or part; or
1656 (b) a medical condition that in the opinion of a physician or the physician's designee
1657 requires direct medical observation during transport or may require the intervention of an
1658 individual licensed under Section 53-2d-402 during transport.
1659 (14) "Emergency medical dispatch center" means a public safety answering point, as
1660 defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by
1661 the bureau.
1662 (15) (a) "Emergency medical service personnel" means an individual who provides
1663 emergency medical services or behavioral emergency services to a patient and is required to be
1664 licensed or certified under Section 53-2d-402.
1665 (b) "Emergency medical service personnel" includes a paramedic, medical director of a
1666 licensed emergency medical service provider, emergency medical service instructor, behavioral
1667 emergency services technician, other categories established by the committee, and a certified
1668 emergency medical dispatcher.
1669 (16) "Emergency medical service providers" means:
1670 (a) licensed ambulance providers and paramedic providers;
1671 (b) a facility or provider that is required to be designated under Subsection
1672 53-2d-403(1)(a); and
1673 (c) emergency medical service personnel.
1674 (17) "Emergency medical services" means:
1675 (a) medical services;
1676 (b) transportation services;
1677 (c) behavioral emergency services; or
1678 (d) any combination of the services described in Subsections (17)(a) through (c).
1679 (18) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
1680 (a) maintained and used for the transportation of emergency medical personnel,
1681 equipment, and supplies to the scene of a medical emergency; and
1682 (b) required to be permitted under Section 53-2d-404.
1683 (19) "Governing body":
1684 (a) means the same as that term is defined in Section 11-42-102; and
1685 (b) for purposes of a "special service district" under Section 11-42-102, means a
1686 special service district that has been delegated the authority to select a provider under this
1687 chapter by the special service district's legislative body or administrative control board.
1688 (20) "Interested party" means:
1689 (a) a licensed or designated emergency medical services provider that provides
1690 emergency medical services within or in an area that abuts an exclusive geographic service area
1691 that is the subject of an application submitted pursuant to Part 5, Ambulance and Paramedic
1692 Providers;
1693 (b) any municipality, county, or fire district that lies within or abuts a geographic
1694 service area that is the subject of an application submitted pursuant to Part 5, Ambulance and
1695 Paramedic Providers; or
1696 (c) the department when acting in the interest of the public.
1697 (21) "Level of service" means the level at which an ambulance provider type of service
1698 is licensed as:
1699 (a) emergency medical technician;
1700 (b) advanced emergency medical technician; or
1701 (c) paramedic.
1702 (22) "Medical control" means a person who provides medical supervision to an
1703 emergency medical service provider.
1704 (23) "Non-911 service" means transport of a patient that is not 911 transport under
1705 Subsection (1).
1706 (24) "Nonemergency secured behavioral health transport" means an entity that:
1707 (a) provides nonemergency secure transportation services for an individual who:
1708 (i) is not required to be transported by an ambulance under Section 53-2d-405; and
1709 (ii) requires behavioral health observation during transport between any of the
1710 following facilities:
1711 (A) a licensed acute care hospital;
1712 (B) an emergency patient receiving facility;
1713 (C) a licensed mental health facility; and
1714 (D) the office of a licensed health care provider; and
1715 (b) is required to be designated under Section 53-2d-403.
1716 (25) "Paramedic provider" means an entity that:
1717 (a) employs emergency medical service personnel; and
1718 (b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
1719 (26) "Patient" means an individual who, as the result of illness, injury, or a behavioral
1720 emergency condition, meets any of the criteria in Section 26B-4-119.
1721 (27) "Political subdivision" means:
1722 (a) a city, town, or metro township;
1723 (b) a county;
1724 (c) a special service district created under Title 17D, Chapter 1, Special Service
1725 District Act, for the purpose of providing fire protection services under Subsection
1726 17D-1-201(9);
1727 (d) a special district created under Title 17B, Limited Purpose Local Government
1728 Entities - Special Districts, for the purpose of providing fire protection, paramedic, and
1729 emergency services;
1730 (e) areas coming together as described in Subsection 53-2d-505.2(2)(b)(ii); or
1731 (f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
1732 (28) "Sudden cardiac arrest" means a life-threatening condition that results when a
1733 person's heart stops or fails to produce a pulse.
1734 (29) "Trauma" means an injury requiring immediate medical or surgical intervention.
1735 (30) "Trauma system" means a single, statewide system that:
1736 (a) organizes and coordinates the delivery of trauma care within defined geographic
1737 areas from the time of injury through transport and rehabilitative care; and
1738 (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
1739 delivering care for trauma patients, regardless of severity.
1740 (31) "Triage" means the sorting of patients in terms of disposition, destination, or
1741 priority. For prehospital trauma victims, triage requires a determination of injury severity to
1742 assess the appropriate level of care according to established patient care protocols.
1743 (32) "Triage, treatment, transportation, and transfer guidelines" means written
1744 procedures that:
1745 (a) direct the care of patients; and
1746 (b) are adopted by the medical staff of an emergency patient receiving facility, trauma
1747 center, or an emergency medical service provider.
1748 (33) "Type of service" means the category at which an ambulance provider is licensed
1749 as:
1750 (a) ground ambulance transport;
1751 (b) ground ambulance interfacility transport; or
1752 (c) both ground ambulance transport and ground ambulance interfacility transport.
1753 Section 24. Section 53-2d-104 (Effective 07/01/24) is amended to read:
1754 53-2d-104 (Effective 07/01/24). Trauma System and Emergency Medical Services
1755 Committee -- Membership -- Expenses.
1756 (1) There is created the [
1757 Committee.
1758 (2) The committee shall be composed of the following [
1759 the governor, at least [
1760 sixth class:
1761 (a) [
1762 Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
1763 (i) one surgeon who actively provides trauma care at a hospital;
1764 (ii) one rural physician involved in emergency medical care;
1765 (iii) [
1766 department of a general acute hospital; and
1767 (iv) one pediatrician who practices in the emergency department or critical care unit of
1768 a general acute hospital or a children's specialty hospital;
1769 (b) [
1770 private ambulance provider;
1771 (c) one representative from an ambulance provider that is neither privately owned nor
1772 operated by a fire department;
1773 (d) [
1774 agency operated by one of the following classes of licensed or designated emergency medical
1775 services providers:
1776 (i) a municipality[
1777 (ii) a county[
1778 (iii) a fire district[
1779
1780 (e) four of any of the following representatives:
1781 [
1782 services;
1783 [
1784 [
1785 [
1786 [
1787 [
1788 medical dispatch center;
1789 [
1790 [
1791 [
1792 (3) (a) Except as provided in Subsection (3)(b), members shall be appointed to a
1793 four-year term [
1794 (b) Notwithstanding Subsection (3)(a), the governor:
1795 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
1796 ensure that the terms of committee members are staggered so that approximately half of the
1797 committee is appointed every two years; and
1798 (ii) may not reappoint a member for more than two consecutive terms[
1799 [
1800 [
1801
1802 [
1803
1804
1805 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1806 appointed by the governor for the unexpired term.
1807 (4) (a) (i) Each January, the committee shall organize and select one of the committee's
1808 members as chair and one member as vice chair.
1809 (ii) The committee may organize standing or ad hoc subcommittees, which shall
1810 operate in accordance with guidelines established by the committee.
1811 (b) (i) The chair shall convene a minimum of four meetings per year.
1812 (ii) The chair may call special meetings.
1813 (iii) The chair shall call a meeting upon request of five or more members of the
1814 committee.
1815 (c) (i) [
1816 business.
1817 (ii) The action of a majority of the members present is the action of the committee.
1818 (5) A member may not receive compensation or benefits for the member's service, but
1819 may receive per diem and travel expenses in accordance with:
1820 (a) Section 63A-3-106;
1821 (b) Section 63A-3-107; and
1822 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1823 63A-3-107.
1824 (6) Administrative services for the committee shall be provided by the bureau.
1825 Section 25. Section 53-2d-105 (Effective 07/01/24) is amended to read:
1826 53-2d-105 (Effective 07/01/24). Committee advisory duties.
1827 (1) The committee shall:
1828 (a) advise the department regarding trauma system needs throughout the state;
1829 (b) assist the department in evaluating the quality and outcomes of the overall trauma
1830 system;
1831 (c) review and comment on proposals and rules governing the statewide trauma
1832 system; and
1833 (d) make recommendations for the development of statewide triage, treatment,
1834 transportation, and transfer guidelines.
1835 (2) The committee shall adopt rules, with the concurrence of the bureau, in accordance
1836 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
1837 [
1838 53-2d-402;
1839 [
1840 [
1841 under Section 53-2d-403;
1842 [
1843 [
1844 [
1845 [
1846 the medical supervision of emergency medical service providers under Section 53-2d-403;
1847 [
1848 emergency medical dispatchers;
1849 [
1850 under Section 11-48-103; and
1851 [
1852 other sections of this chapter.
1853 Section 26. Section 53-2d-305 (Effective 07/01/24) is amended to read:
1854 53-2d-305 (Effective 07/01/24). Trauma center designations and guidelines.
1855 (1) The bureau, after seeking the advice of the [
1856 shall establish by rule:
1857 (a) trauma center designation requirements; and
1858 (b) model state guidelines for triage, treatment, transportation, and transfer of trauma
1859 patients to the most appropriate health care facility.
1860 (2) The bureau shall designate as a trauma center each hospital that:
1861 (a) voluntarily requests a trauma center designation; and
1862 (b) meets the applicable requirements established pursuant to Subsection (1).
1863 Section 27. Section 53-2d-903 (Effective 07/01/24) is amended to read:
1864 53-2d-903 (Effective 07/01/24). Stroke and cardiac registry advisory committee.
1865 (1) There is created within the bureau a stroke and cardiac registry advisory committee.
1866 (2) The stroke and cardiac registry advisory committee created in Subsection (1) shall:
1867 (a) be composed of at least five but no more than nine individuals knowledgeable in
1868 adult and pediatric stroke or cardiac care, including physicians, physician assistants, nurses,
1869 hospital administrators, emergency medical services personnel, government officials,
1870 consumers, and persons affiliated with professional health care associations;
1871 (b) advise the bureau regarding the development and implementation of the stroke
1872 registry created in Section [
1873 53-2d-902;
1874 (c) assist the bureau in evaluating the quality and outcomes of the stroke registry
1875 created in Section [
1876 53-2d-902; and
1877 (d) review and comment on proposals and rules governing the statewide stroke registry
1878 created in Section [
1879 53-2d-902.
1880 (3) (a) Except as provided in Subsection (3)(b), a member of the committee is
1881 appointed by the governor for a four-year term.
1882 (b) The governor:
1883 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
1884 ensure that the terms of committee members are staggered so that approximately half of the
1885 committee is appointed every two years; and
1886 (ii) may not reappoint a member for more than two consecutive terms.
1887 (c) When a vacancy occurs in the membership for any reason, the governor shall
1888 appoint the replacement for the unexpired term.
1889 Section 28. Section 53-9-102 is amended to read:
1890 53-9-102. Definitions.
1891 In this chapter, unless otherwise stated:
1892 (1) "Adequate records" means records containing, at a minimum, sufficient information
1893 to identify the client, the dates of service, the fee for service, the payments for service, the type
1894 of service given, and copies of any reports that may have been made.
1895 (2) "Advertising" means the submission of bids, contracting or making known by any
1896 public notice, publication, or solicitation of business, directly or indirectly, that services
1897 regulated under this chapter are available for consideration.
1898 (3) "Agency" means a person who holds an agency license pursuant to this chapter, and
1899 includes one who employs an individual for wages and salary, and withholds all legally
1900 required deductions and contributions, or contracts with a registrant or an apprentice on a
1901 part-time or case-by-case basis to conduct an investigation on behalf of the agency.
1902 (4) "Applicant" means any person who has submitted a completed application and all
1903 required fees.
1904 (5) "Apprentice" means a person who holds an apprentice license pursuant to this
1905 chapter, has not met the requirements for registration, and works under the direct supervision
1906 and guidance of an agency.
1907 (6) "Board" means the [
1908
1909 Section 53-11-104.
1910 (7) "Bureau" means the Bureau of Criminal Identification created in Section
1911 53-10-201.
1912 (8) "Commissioner" means the commissioner of the Department of Public Safety.
1913 (9) "Conviction" means an adjudication of guilt by a federal, state, or local court
1914 resulting from trial or plea, including a plea of no contest, regardless of whether the imposition
1915 of sentence was suspended.
1916 (10) "Department" means the Department of Public Safety.
1917 (11) "Direct supervision" means that the agency or employer:
1918 (a) is responsible for, and authorizes, the type and extent of work assigned;
1919 (b) reviews and approves all work produced by the apprentice before it goes to the
1920 client;
1921 (c) closely supervises and provides direction and guidance to the apprentice in the
1922 performance of his assigned work; and
1923 (d) is immediately available to the apprentice for verbal contact, including by
1924 electronic means.
1925 (12) "Emergency action" means a summary suspension of a license pending revocation,
1926 suspension, or probation in order to protect the public health, safety, or welfare.
1927 (13) "Employee" means an individual who works for an agency or other employer, is
1928 listed on the agency's or employer's payroll records, and is under the agency's or employer's
1929 direction and control. An employee is not an independent contractor.
1930 (14) "Identification card" means a card issued by the commissioner to a qualified
1931 applicant for an agency, registrant, or apprentice license.
1932 (15) "Letter of concern" means an advisory letter to notify a licensee that while there is
1933 insufficient evidence to support probation, suspension, or revocation of a license, the
1934 department informs the licensee of the need to modify or eliminate certain practices and that
1935 continuation of the activities that led to the information being submitted to the department may
1936 result in further disciplinary action against the licensee.
1937 (16) "Licensee" means a person to whom an agency, registrant, or apprentice license is
1938 issued by the department.
1939 (17) (a) "Private investigator or private detective" means any person, except collection
1940 agencies and credit reporting agencies, who, for consideration, engages in business or accepts
1941 employment to conduct any investigation for the purpose of obtaining information with
1942 reference to:
1943 (i) crime, wrongful acts, or threats against the United States or any state or territory of
1944 the United States;
1945 (ii) the identity, reputation, character, habits, conduct, business occupation, honesty,
1946 integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements,
1947 whereabouts, affiliations, associations, or transactions of any person or group of persons;
1948 (iii) the credibility of witnesses or other persons;
1949 (iv) the whereabouts of missing persons or owners of abandoned property;
1950 (v) the causes and origin of, or responsibility for a fire, libel, slander, a loss, an
1951 accident, damage, or an injury to real or personal property;
1952 (vi) the business of securing evidence to be used before investigating committees or
1953 boards of award or arbitration or in the trial of civil or criminal cases and the trial preparation;
1954 (vii) the prevention, detection, and removal of installed devices for eavesdropping or
1955 observation;
1956 (viii) the business of "skip tracing" persons who have become delinquent in their
1957 lawful debts, either when hired by an individual, collection agency, or through the direct
1958 purchase of the debt from a financial institution or entity owning the debt or judgment; or
1959 (ix) serving civil process.
1960 (b) "Private investigator or private detective" does not include:
1961 (i) any person or employee conducting an investigation on the person's or employee's
1962 own behalf or on behalf of the employer if the employer is not a private investigator under this
1963 chapter;
1964 (ii) an employee of an attorney licensed to practice law in this state; or
1965 (iii) a currently licensed certified public accountant or CPA as defined in Section
1966 58-26a-102.
1967 (18) "Qualifying party" means the individual meeting the qualifications under this
1968 chapter for a private investigator license.
1969 (19) "Registrant" means any person who holds a registrant license pursuant to this
1970 chapter. The registrant performs private investigative work either as an employee on an
1971 employer's payroll or, on a contract with an agency, part-time, or case-by-case basis, with a
1972 minimum amount of direction.
1973 (20) "Restructuring" means any change in the legal status of a business.
1974 (21) "Unprofessional conduct" means any of the following:
1975 (a) engaging or offering to engage by fraud or misrepresentation in any activities
1976 regulated by this chapter;
1977 (b) aiding or abetting a person who is not licensed pursuant to this chapter in
1978 representing that person as a private investigator or registrant in this state;
1979 (c) gross negligence in the practice of a private investigator or registrant;
1980 (d) failing or refusing to maintain adequate records and investigative findings on a
1981 subject of investigation or a client;
1982 (e) committing a felony or a misdemeanor involving any crime that is grounds for
1983 denial, suspension, or revocation of an agency, registrant, or apprentice license. In all cases,
1984 conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of
1985 the commission of the crime; or
1986 (f) making a fraudulent or untrue statement to the bureau, board, department, or its
1987 investigators, staff, or consultants.
1988 Section 29. Section 53-11-102 is amended to read:
1989 53-11-102. Definitions.
1990 As used in this chapter:
1991 (1) "Applicant" means a person who has submitted to the department a completed
1992 application and all required application and processing fees.
1993 (2) "Bail bond agency" means a bail enforcement agent licensed under this chapter who
1994 operates a business to carry out the functions of a bail enforcement agent, and to conduct this
1995 business:
1996 (a) employs one or more persons licensed under this chapter for wages or salary, and
1997 withholds all legally required deductions and contributions; or
1998 (b) contracts with a bail recovery agent or bail recovery apprentice on a part-time or
1999 case-by-case basis.
2000 (3) "Bail enforcement agent" means an individual licensed under this chapter as a bail
2001 enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil
2002 or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both,
2003 as is appropriate, and who:
2004 (a) is appointed by a bail bond surety; and
2005 (b) receives or is promised money or other things of value for this service.
2006 (4) "Bail recovery agent" means an individual employed by a bail enforcement agent to
2007 assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
2008 (a) presenting a defendant for required court appearances;
2009 (b) apprehending or surrendering a defendant to a court; or
2010 (c) keeping the defendant under necessary surveillance.
2011 (5) "Bail recovery apprentice" means any individual licensed under this chapter as a
2012 bail recovery apprentice, and who:
2013 (a) has not met the requirements for licensure as a bail recovery agent or bail
2014 enforcement agent; and
2015 (b) is employed by a bail enforcement agent, and works under the direct supervision of
2016 a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent,
2017 unless the bail recovery apprentice is conducting activities at the direction of the employing
2018 bail enforcement agent that under this chapter do not require direct supervision.
2019 (6) "Board" means the Bail Bond Recovery and Private Investigator Licensure Board
2020 created under Section 53-11-104.
2021 (7) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
2022 within the Department of Public Safety.
2023 (8) "Commissioner" means the commissioner of public safety as defined under Section
2024 53-1-107, or his designee.
2025 (9) "Contract employee" or "independent contractor" means a person who works for an
2026 agency as an independent contractor.
2027 (10) "Conviction" means an adjudication of guilt by a federal, state, or local court
2028 resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of
2029 whether the imposition of sentence was suspended.
2030 (11) "Department" means the Department of Public Safety.
2031 (12) "Direct supervision" means a bail enforcement agent employing or contracting
2032 with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that
2033 bail enforcement agent who:
2034 (a) takes responsibility for and assigns the work a bail recovery apprentice may
2035 conduct; and
2036 (b) closely supervises, within close physical proximity, and provides direction and
2037 guidance to the bail recovery apprentice regarding the assigned work.
2038 (13) "Emergency action" means a summary suspension of a license issued under this
2039 chapter pending revocation, suspension, or probation, in order to protect the public health,
2040 safety, or welfare.
2041 (14) "Identification card" means a card issued by the commissioner to an applicant
2042 qualified for licensure under this chapter.
2043 (15) "Letter of concern" means an advisory letter to notify a licensee that while there is
2044 insufficient evidence to support probation, suspension, or revocation of a license, the
2045 department believes:
2046 (a) the licensee should modify or eliminate certain practices; and
2047 (b) continuation of the activities that led to the information being submitted to the
2048 department may result in further disciplinary action against the license.
2049 (16) "Occupied structure" means any edifice, including residential and public
2050 buildings, vehicles, or any other structure that could reasonably be expected to house or shelter
2051 persons.
2052 (17) "Private investigator or private detective" means the same as that term is defined
2053 in Section 53-9-102.
2054 [
2055 for and authorizes the type and extent of work assigned to a bail recovery agent who is his
2056 employee or contract employee.
2057 [
2058 (a) engaging or offering to engage by fraud or misrepresentation in any activities
2059 regulated by this chapter;
2060 (b) aiding or abetting a person who is not licensed pursuant to this chapter in
2061 representing that person as a bail recovery agent in this state;
2062 (c) gross negligence in the practice of a bail recovery agent;
2063 (d) committing a felony or a misdemeanor involving any crime that is grounds for
2064 denial, suspension, or revocation of a bail recovery license, and conviction by a court of
2065 competent jurisdiction or a plea of no contest is conclusive evidence of the commission; or
2066 (e) making a fraudulent or untrue statement to the board, department, its investigators,
2067 or staff.
2068 Section 30. Section 53-11-104 is amended to read:
2069 53-11-104. Board.
2070 (1) [
2071 Recovery and Private Investigator Licensure Board consisting of [
2072 appointed by the commissioner.
2073 [
2074
2075
2076 (2) Each member of the board shall be a citizen of the United States and a resident of
2077 this state at the time of appointment:
2078 (a) one member shall be a person who is qualified for and is licensed under this
2079 chapter;
2080 (b) one member shall be a person who is qualified for and is licensed under Title 53,
2081 Chapter 9, Private Investigator Regulation Act;
2082 [
2083 [
2084 (e) one member shall be a supervisory investigator from the commissioner's office;
2085 [
2086 (g) one member shall be an owner of a private investigator agency;
2087 [
2088 (i) does not have a financial interest in a bail bond surety or bail bond recovery
2089 business; and
2090 (ii) does not have an immediate family member or a household member, or a personal
2091 or professional acquaintance who is licensed or registered under this chapter[
2092 (i) one member shall be a public member who:
2093 (i) does not have a financial interest in a private investigative agency; and
2094 (ii) does not have an immediate family member or a household member, or a personal
2095 professional acquaintance who is licensed or registered under Title 53, Chapter 9, Private
2096 Investigator Regulation Act.
2097 (3) (a) As terms of current board members expire, the commissioner shall appoint each
2098 new member or reappointed member to a four-year term, except as required by Subsection
2099 (3)(b).
2100 (b) The commissioner shall, at the time of appointment or reappointment, adjust the
2101 length of terms to ensure that the terms of board members are staggered so that approximately
2102 half of the board is appointed every two years.
2103 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
2104 appointed for the unexpired term.
2105 (5) At its first meeting every year, the board shall elect a chair and vice chair from its
2106 membership.
2107 (6) A member may not receive compensation or benefits for the member's service, but
2108 may receive per diem and travel expenses in accordance with:
2109 (a) Section 63A-3-106;
2110 (b) Section 63A-3-107; and
2111 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2112 63A-3-107.
2113 (7) A member may not serve more than one term, except that a member appointed to
2114 fill a vacancy or appointed for an initial term of less than four years under Subsection (3) may
2115 be reappointed for one additional full term.
2116 (8) The commissioner, after a board hearing and recommendation, may remove any
2117 member of the board for misconduct, incompetency, or neglect of duty.
2118 (9) Members of the board are immune from suit with respect to all acts done and
2119 actions taken in good faith in carrying out the purposes of this chapter.
2120 Section 31. Section 53-11-105 is amended to read:
2121 53-11-105. Powers and duties of board.
2122 (1) The board shall:
2123 (a) (i) review all applications for licensing and renewals of licenses submitted by the
2124 bureau under this chapter and Title 53, Chapter 9, Private Investigator Regulation Act; and
2125 (ii) approve or disapprove [
2126 (b) review all complaints and take disciplinary action; and
2127 (c) establish standards for and approve providers of courses required for licensure
2128 under this section.
2129 (2) The board may take and hear evidence, administer oaths and affirmations, and
2130 compel by subpoena the attendance of witnesses and the production of books, papers, records,
2131 documents, and other information relating to:
2132 (a) investigation of an applicant for licensure under this chapter or Title 53, Chapter 9,
2133 Private Investigator Regulation Act; or
2134 (b) a formal complaint against or department investigation of a bail enforcement agent,
2135 bail recovery agent, [
2136 Section 32. Section 53-11-106 is amended to read:
2137 53-11-106. Board meetings and hearings -- Quorum.
2138 (1) The board shall meet at the call of the chair, but not less often than once each
2139 quarter.
2140 (2) (a) A quorum consists of [
2141 (b) The action of a majority of a quorum constitutes an action of the board.
2142 (3) If a member has three or more unexcused absences within a 12-month period, the
2143 commissioner shall determine if that board member should be released from board duties.
2144 Section 33. Section 53B-28-402 is amended to read:
2145 53B-28-402. Campus safety study -- Report to Legislature.
2146 (1) As used in this section:
2147 (a) "Campus law enforcement" means a unit of an institution that provides public
2148 safety services.
2149 (b) (i) "Institution" means an institution of higher education described in Section
2150 53B-2-101.
2151 (ii) "Institution" includes an institution's campus law enforcement.
2152 (c) "Local law enforcement" means a state or local law enforcement agency other than
2153 campus law enforcement.
2154 (d) "Public safety services" means police services, security services, dispatch services,
2155 emergency services, or other similar services.
2156 (e) "Sexual violence" means the same as that term is defined in Section 53B-28-301.
2157 (f) "Special district" means the same as that term is defined in Section 17B-1-102.
2158 (g) "Special service district" means the same as that term is defined in Section
2159 17D-1-102.
2160 (h) "Student" means the same as that term is defined in Section 53B-28-301.
2161 (i) "Student organization" means the same as that term is defined in Section
2162 53B-28-401.
2163 (2) The board shall:
2164 (a) study issues related to providing public safety services on institution campuses,
2165 including:
2166 (i) policies and practices for hiring, supervision, and firing of campus law enforcement
2167 officers;
2168 (ii) training of campus law enforcement in responding to incidents of sexual violence
2169 or other crimes reported by or involving a student, including training related to lethality or
2170 similar assessments;
2171 (iii) how campus law enforcement and local law enforcement respond to reports of
2172 incidents of sexual violence or other crimes reported by or involving a student, including
2173 supportive measures for victims and disciplinary actions for perpetrators;
2174 (iv) training provided to faculty, staff, students, and student organizations on campus
2175 safety and prevention of sexual violence;
2176 (v) roles, responsibilities, jurisdiction, and authority of local law enforcement and
2177 campus law enforcement, including authority based on:
2178 (A) the type of public safety services provided; or
2179 (B) geographic boundaries;
2180 (vi) how an institution and local law enforcement coordinate to respond to on-campus
2181 and off-campus incidents requiring public safety services, including:
2182 (A) legal requirements or restrictions affecting coordination;
2183 (B) agreements, practices, or procedures governing coordination between an institution
2184 and local law enforcement, including mutual support, sharing information, or dispatch
2185 management; and
2186 (C) any issues that may affect the timeliness of a response to an on-campus or
2187 off-campus incident reported by or involving a student;
2188 (vii) infrastructure, staffing, and equipment considerations that impact the effectiveness
2189 of campus law enforcement or local law enforcement responses to an on-campus or off-campus
2190 incident reported by or involving a student;
2191 (viii) the benefits and disadvantages of an institution employing campus law
2192 enforcement compared to local law enforcement providing public safety services on an
2193 institution campus;
2194 (ix) an institution's compliance with federal and state crime statistic reporting
2195 requirements;
2196 (x) how an institution informs faculty, staff, and students about a crime or emergency
2197 on campus;
2198 (xi) national best practices for providing public safety services on institution campuses,
2199 including differences in best practices based on the size, infrastructure, location, and other
2200 relevant characteristics of a college or university; and
2201 (xii) any other issue the board determines is relevant to the study;
2202 (b) make recommendations for providing public safety services on institution campuses
2203 statewide;
2204 (c) produce a final report of the study described in this section, including the
2205 recommendations described in Subsection (2)(b); and
2206 (d) in accordance with Section 68-3-14, present the final report described in Subsection
2207 (2)(c) to the Education Interim Committee and the Law Enforcement and Criminal Justice
2208 Interim Committee at or before the committees' November 2021 meetings.
2209 (3) In carrying out the board's duties under this section, the board may coordinate with
2210 individuals and organizations with knowledge, expertise, or experience related to the board's
2211 duties under this section, including:
2212 (a) the Department of Health and Human Services;
2213 (b) the Utah Office for Victims of Crime;
2214 (c) the Utah [
2215 (d) institutions;
2216 (e) local law enforcement;
2217 (f) special districts or special service districts that provide 911 and emergency dispatch
2218 service; and
2219 (g) community and other non-governmental organizations.
2220 Section 34. Section 58-37f-203 is amended to read:
2221 58-37f-203. Submission, collection, and maintenance of data.
2222 (1) (a) The division shall implement on a statewide basis, including non-resident
2223 pharmacies as defined in Section 58-17b-102, the following two options for a pharmacist to
2224 submit information:
2225 (i) real-time submission of the information required to be submitted under this part to
2226 the controlled substance database; and
2227 (ii) 24-hour daily or next business day, whichever is later, batch submission of the
2228 information required to be submitted under this part to the controlled substance database.
2229 (b) A pharmacist shall comply with either:
2230 (i) the submission time requirements established by the division under Subsection
2231 (1)(a)(i); or
2232 (ii) the submission time requirements established by the division under Subsection
2233 (1)(a)(ii).
2234 (c) Notwithstanding the time requirements described in Subsection (1)(a), a pharmacist
2235 may submit corrections to data that the pharmacist has submitted to the controlled substance
2236 database within seven business days after the day on which the division notifies the pharmacist
2237 that data is incomplete or corrections to the data are otherwise necessary.
2238 (d) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
2239 (2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
2240 controlled substance is dispensed shall submit the data described in this section to the division
2241 in accordance with:
2242 (i) the requirements of this section;
2243 (ii) the procedures established by the division;
2244 (iii) additional types of information or data fields established by the division; and
2245 (iv) the format established by the division.
2246 (b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
2247 Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
2248 the provisions of this section and the dispensing medical practitioner shall assume the duties of
2249 the pharmacist under this chapter.
2250 (3) (a) Except as provided in Subsection (3)(b), the pharmacist-in-charge and the
2251 pharmacist described in Subsection (2)(a) shall, for each controlled substance dispensed by a
2252 pharmacist under the pharmacist's supervision, submit to the division any type of information
2253 or data field established by the division by rule in accordance with Subsection (6) regarding:
2254 (i) each controlled substance that is dispensed by the pharmacist or under the
2255 pharmacist's supervision; and
2256 (ii) each noncontrolled substance that is:
2257 (A) designated by the division under Subsection (8)(a); and
2258 (B) dispensed by the pharmacist or under the pharmacist's supervision.
2259 (b) Subsection (3)(a) does not apply to a drug that is dispensed for administration to, or
2260 use by, a patient at a health care facility, including a patient in an outpatient setting at the health
2261 care facility.
2262 (4) An individual whose records are in the database may obtain those records upon
2263 submission of a written request to the division.
2264 (5) (a) A patient whose record is in the database may contact the division in writing to
2265 request correction of any of the patient's database information that is incorrect.
2266 (b) The division shall grant or deny the request within 30 days from receipt of the
2267 request and shall advise the requesting patient of its decision within 35 days of receipt of the
2268 request.
2269 (c) If the division denies a request under this Subsection (5) or does not respond within
2270 35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
2271 after the patient's written request for a correction under this Subsection (5).
2272 (6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2273 Administrative Rulemaking Act, to establish submission requirements under this part,
2274 including:
2275 (a) electronic format;
2276 (b) submission procedures; and
2277 (c) required information and data fields.
2278 (7) The division shall ensure that the database system records and maintains for
2279 reference:
2280 (a) the identification of each individual who requests or receives information from the
2281 database;
2282 (b) the information provided to each individual; and
2283 (c) the date and time that the information is requested or provided.
2284 (8) (a) The division, in collaboration with the [
2285
2286 Fatality Advisory Committee created in Section 26B-1-403, shall designate a list of
2287 noncontrolled substances described in Subsection (8)(b) by rule made in accordance with Title
2288 63G, Chapter 3, Utah Administrative Rulemaking Act.
2289 (b) To determine whether a prescription drug should be designated in the schedules of
2290 controlled substances under this chapter, the division may collect information about a
2291 prescription drug as defined in Section 58-17b-102 that is not designated in the schedules of
2292 controlled substances under this chapter.
2293 Section 35. Section 63C-1-103 is enacted to read:
2294 63C-1-103. Appointment and terms of boards, committees, councils, and
2295 commissions transitioning on October 1, 2024.
2296 (1) As used in this section:
2297 (a) "Enacted committee" means:
2298 (i) the following committees enacted on October 1, 2024:
2299 (A) the Utah Arts and Museums Advisory Board created in Section 9-6-301;
2300 (B) the Controlled Substances Scheduling and Opioid Fatality Advisory Committee
2301 created in Section 26B-1-403;
2302 (C) the Public Safety Data Management Task Force created in Section 36-29-111;
2303 (D) the Bail Bond Recovery and Private Investigator Licensure Board created in
2304 Section 54-11-104;
2305 (E) the Trauma System and Emergency Medical Services Advisory Committee created
2306 in Section 53-2d-104; and
2307 (F) the Stroke and Cardiac Registry Advisory Committee created in Section 53-2d-903;
2308 and
2309 (ii) the following as constituted on or after October 1, 2024:
2310 (A) the Employment Advisory Council created in Subsection 35A-4-302(5);
2311 (B) the Emergency Management Administration Council created in Section 53-2a-105;
2312 and
2313 (C) the Utah Victim Services Commission created in Section 63M-7-902.
2314 (b) "Expired committee" means:
2315 (i) the following which, in accordance with Title 63I, Chapter 2, Repeal Dates by Title
2316 Act, repeal on October 1, 2024:
2317 (A) the Utah Museums Advisory Board created in Section 9-6-305;
2318 (B) the Controlled Substances Advisory Committee created in Section 58-38a-201;
2319 (C) the Domestic Violence Data Task Force created in Section 63C-29-201;
2320 (D) the Private Investigator Hearing and Licensure Board created in Section 53-9-104;
2321 (E) the Trauma System Advisory Committee created in Section 26B-1-406; and
2322 (F) the Cardiac Registry Advisory Committee created in Section 26B-1-408; and
2323 (ii) the following as constituted before October 1, 2024:
2324 (A) the Utah Arts Advisory Board created in Section 9-6-301;
2325 (B) the Opioid and Overdose Fatality Review Committee created in Section
2326 26B-1-403;
2327 (C) the Criminal Justice Data Management Task Force created in Section 36-29-111;
2328 (D) the Bail Bond Recovery Licensure Board created in Section 53-11-104;
2329 (E) the State Emergency Medical Services Committee created in Sections 26B-1-404
2330 and 53-2d-104;
2331 (F) the Stroke Registry Advisory Committee created in Sections 26B-1-407 and
2332 53-2d-903;
2333 (G) the Employment Advisory Council created in Subsection 35A-4-302(5);
2334 (H) the Emergency Management Administration Council created in Section 53-2a-105;
2335 and
2336 (I) the Utah Victim Services Commission created in Section 63M-7-902.
2337 (2) An individual who is appointed as a member of an expired committee is removed
2338 from the expired committee after September 30, 2024.
2339 (3) (a) On or after May 1, 2024, but before October 1, 2024, the appointing authority of
2340 an enacted committee may appoint a member to the enacted committee in accordance with the
2341 section governing appointment to the enacted committee.
2342 (b) (i) A member described in Subsection (3)(a) may not begin the individual's term of
2343 service on the enacted committee before October 1, 2024; and
2344 (ii) if applicable under the section governing appointment to the enacted committee,
2345 the Senate may provide advice and consent.
2346 (4) (a) Nothing in this section prevents an appointing authority from appointing an
2347 individual who is removed from an expired committee in accordance with Subsection (2) to an
2348 enacted committee if the individual's appointment meets the requirements of the section
2349 governing appointment to the enacted committee.
2350 (b) If an individual is removed from an expired committee under Subsection (2) and is
2351 then appointed to an enacted committee under Subsection (3)(a), and the appointed position has
2352 limited terms an individual may serve, the appointment under Subsection (3)(a) does not count
2353 as an additional term.
2354 Section 36. Section 63I-1-209 is amended to read:
2355 63I-1-209. Repeal dates: Title 9.
2356 [
2357
2358 [
2359
2360 [
2361 Museums Advisory Board, are repealed on July 1, 2029.
2362 (2) Section 9-9-405, which creates the Native American Remains Review Committee,
2363 is repealed July 1, 2025.
2364 [
2365 repealed July 1, 2026.
2366 Section 37. Section 63I-1-226 (Effective 07/01/24) is amended to read:
2367 63I-1-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
2368 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
2369 repealed July 1, 2025.
2370 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
2371 2024.
2372 (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
2373 January 1, 2025.
2374 (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
2375 repealed January 1, 2025.
2376 (5) Subsection 26B-1-324(4), the language that states "the Behavioral Health Crisis
2377 Response Commission, as defined in Section 63C-18-202," is repealed December 31, 2026.
2378 (6) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
2379 Commission, is repealed December 31, 2026.
2380 (7) Section 26B-1-402, related to the Rare Disease Advisory Council Grant Program, is
2381 repealed July 1, 2026.
2382 (8) Section 26B-1-403, which creates the Controlled Substances Scheduling and
2383 Opioid Fatality Advisory Committee, is repealed July 1, 2029.
2384 [
2385 Commission, is repealed July 1, 2025.
2386 [
2387 repealed July 1, 2025.
2388 [
2389 Program Advisory Council, is repealed July 1, 2025.
2390 [
2391 repealed July 1, 2025.
2392 [
2393 Pediatric Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
2394 [
2395 Council, is repealed July 1, 2029.
2396 [
2397 Marijuana, and Other Drug Prevention Program, is repealed July 1, 2025.
2398 [
2399 with Disabilities, is repealed July 1, 2027.
2400 [
2401 Council, is repealed July 1, 2023.
2402 [
2403 Committee, is repealed July 1, 2026.
2404 [
2405 Childhood Advisory Board, is repealed July 1, 2026.
2406 [
2407 repealed July 1, 2027.
2408 [
2409 hygienists, is repealed July 1, 2028.
2410 [
2411 Program, is repealed July 1, 2025.
2412 [
2413 Prevention Program, is repealed June 30, 2027.
2414 [
2415 Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
2416 2026.
2417 [
2418 Review Board, are repealed July 1, 2027.
2419 [
2420 1, 2024.
2421 [
2422 repealed July 1, 2024.
2423 [
2424 1, 2028.
2425 [
2426 2028.
2427 [
2428 July 1, 2025.
2429 [
2430 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
2431 is repealed December 31, 2026.
2432 [
2433 [
2434 Grant Program, is repealed December 31, 2026.
2435 [
2436 December 31, 2024.
2437 [
2438 [
2439 2024:
2440 (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
2441 (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
2442 repealed.
2443 [
2444 December 31, 2026:
2445 (a) Subsection 26B-5-609(1)(a) is repealed;
2446 (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
2447 the commission," is repealed;
2448 (c) Subsection 26B-5-610(1)(b) is repealed;
2449 (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
2450 commission," is repealed; and
2451 (e) Subsection 26B-5-610(4), the language that states "In consultation with the
2452 commission," is repealed.
2453 [
2454 Use and Mental Health Advisory Council, are repealed January 1, 2033.
2455 [
2456 programs, is repealed December 31, 2025.
2457 [
2458 outcomes of the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
2459 [
2460 and fatalities involving substance abuse, is repealed December 31, 2027.
2461 [
2462 2024.
2463 [
2464 health care, is repealed December 31, 2023.
2465 Section 38. Section 63I-1-235 is amended to read:
2466 63I-1-235. Repeal dates: Title 35A.
2467 (1) Subsection 35A-1-202(2)(d), related to the Child Care Advisory Committee, is
2468 repealed July 1, 2026.
2469 (2) Section 35A-3-205, which creates the Child Care Advisory Committee, is repealed
2470 July 1, 2026.
2471 (3) Subsection 35A-4-502(5), which creates the Employment Advisory Council, is
2472 repealed July 1, [
2473 (4) Title 35A, Chapter 9, Part 6, Education Savings Incentive Program, is repealed July
2474 1, 2028.
2475 [
2476
2477 [
2478 is repealed July 1, 2024.
2479 [
2480 Services for the Blind and Visually Impaired, is repealed July 1, 2025.
2481 [
2482 Certification Board, are repealed July 1, 2026.
2483 Section 39. Section 63I-1-236 is amended to read:
2484 63I-1-236. Repeal dates: Title 36.
2485 (1) Title 36, Chapter 17, Legislative Process Committee, is repealed January 1, 2028.
2486 (2) Section 36-29-111, creating the Public Safety Data Management Task Force, is
2487 repealed July 1, 2029.
2488 [
2489 January 1, 2025.
2490 [
2491 2028.
2492 [
2493 Section 40. Section 63I-1-253 (Superseded 07/01/24) is amended to read:
2494 63I-1-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.
2495 (1) Section 53-2a-105, which creates the Emergency Management Administration
2496 Council, is repealed July 1, [
2497 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2498 Board, are repealed July 1, 2027.
2499 (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
2500 July 1, 2024.
2501 (4) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
2502 repealed July 1, 2024.
2503 (5) Section 53B-7-709, regarding five-year performance goals for the Utah System of
2504 Higher Education is repealed July 1, 2027.
2505 (6) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
2506 July 1, 2028.
2507 (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
2508 (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
2509 repealed January 1, 2025.
2510 (9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
2511 (10) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
2512 Research Center, is repealed on July 1, 2028.
2513 (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
2514 from the Land Exchange Distribution Account to the Geological Survey for test wells and other
2515 hydrologic studies in the West Desert, is repealed July 1, 2030.
2516 (12) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
2517 custody, are repealed July 1, 2027.
2518 (13) In relation to a standards review committee, on January 1, 2028:
2519 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2520 recommendations of a standards review committee established under Section 53E-4-203" is
2521 repealed; and
2522 (b) Section 53E-4-203 is repealed.
2523 (14) Section 53E-4-402, which creates the State Instructional Materials Commission, is
2524 repealed July 1, 2027.
2525 (15) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
2526 repealed July 1, 2033.
2527 (16) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
2528 Program, is repealed July 1, 2024.
2529 (17) Section 53F-5-213 is repealed July 1, 2023.
2530 (18) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
2531 1, 2025.
2532 (19) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
2533 repealed July 1, 2025.
2534 (20) Section 53F-5-219, which creates the Local Innovations Civics Education Pilot
2535 Program, is repealed on July 1, 2025.
2536 (21) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
2537 Committee, is repealed July 1, 2024.
2538 (22) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
2539 Commission, are repealed January 1, 2025.
2540 (23) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.
2541 (24) Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed July 1,
2542 2027.
2543 Section 41. Section 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25) is amended to read:
2544 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25). Repeal dates: Titles 53 through
2545 53G.
2546 (1) Section 53-2a-105, which creates the Emergency Management Administration
2547 Council, is repealed July 1, [
2548 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2549 Board, are repealed July 1, 2027.
2550 (3) Section 53-2d-104, which creates the Trauma System and Emergency Medical
2551 Services Advisory Committee, is repealed on July 1, 2029.
2552 (4) Section 53-2d-703 is repealed July 1, 2027.
2553 (5) Section 53-2d-903, which creates the Stroke and Cardiac Registry Advisory
2554 Committee, is repealed July 1, 2029.
2555 [
2556 repealed July 1, 2024.
2557 (7) Section 53-11-104, which creates the Bail Bond Recovery and Private Investigator
2558 Licensure Board, is repealed July 1, 2029.
2559 [
2560 is repealed July 1, 2024.
2561 [
2562 System of Higher Education is repealed July 1, 2027.
2563 [
2564 repealed July 1, 2028.
2565 [
2566 2028.
2567 [
2568 Commission, is repealed January 1, 2025.
2569 [
2570 2028.
2571 [
2572 Infrastructure Research Center, is repealed on July 1, 2028.
2573 [
2574 money from the Land Exchange Distribution Account to the Geological Survey for test wells
2575 and other hydrologic studies in the West Desert, is repealed July 1, 2030.
2576 [
2577 youth in custody, are repealed July 1, 2027.
2578 [
2579 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2580 recommendations of a standards review committee established under Section 53E-4-203" is
2581 repealed; and
2582 (b) Section 53E-4-203 is repealed.
2583 [
2584 Commission, is repealed July 1, 2027.
2585 [
2586 Commission, is repealed July 1, 2033.
2587 [
2588 Pilot Program, is repealed July 1, 2024.
2589 [
2590 [
2591 repealed July 1, 2025.
2592 [
2593 repealed July 1, 2025.
2594 [
2595 Pilot Program, is repealed on July 1, 2025.
2596 [
2597 Account Committee, is repealed July 1, 2024.
2598 [
2599 Commission, are repealed January 1, 2025.
2600 [
2601 2027.
2602 [
2603 July 1, 2027.
2604 Section 42. Section 63I-1-253 (Contingently Effective 01/01/25) is amended to read:
2605 63I-1-253 (Contingently Effective 01/01/25). Repeal dates: Titles 53 through 53G.
2606 (1) Section 53-2a-105, which creates the Emergency Management Administration
2607 Council, is repealed July 1, [
2608 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2609 Board, are repealed July 1, 2027.
2610 (3) Section 53-2d-703 is repealed July 1, 2027.
2611 (4) Section 53-2d-903, which creates the Stroke and Cardiac Advisory Registry
2612 Advisory Committee, is repealed July 1, 2029.
2613 [
2614 repealed July 1, 2024.
2615 (6) Section 53-11-104, which creates the Bail Bond Recovery and Private Investigator
2616 Licensure Board, is repealed July 1, 2029.
2617 [
2618 is repealed July 1, 2024.
2619 [
2620 System of Higher Education is repealed July 1, 2027.
2621 [
2622 repealed July 1, 2028.
2623 [
2624 2028.
2625 [
2626 Commission, is repealed January 1, 2025.
2627 [
2628 2028.
2629 [
2630 Infrastructure Research Center, is repealed on July 1, 2028.
2631 [
2632 money from the Land Exchange Distribution Account to the Geological Survey for test wells
2633 and other hydrologic studies in the West Desert, is repealed July 1, 2030.
2634 [
2635 youth in custody, are repealed July 1, 2027.
2636 [
2637 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2638 recommendations of a standards review committee established under Section 53E-4-203" is
2639 repealed; and
2640 (b) Section 53E-4-203 is repealed.
2641 [
2642 Commission, is repealed July 1, 2027.
2643 [
2644 Commission, is repealed July 1, 2033.
2645 [
2646 Pilot Program, is repealed July 1, 2024.
2647 [
2648 [
2649 repealed July 1, 2025.
2650 [
2651 repealed July 1, 2025.
2652 [
2653 Pilot Program, is repealed on July 1, 2025.
2654 [
2655 loss in enrollment for certain fiscal years, is repealed on July 1, 2030.
2656 (b) On July 1, 2030, the Office of Legislative Research and General Counsel shall
2657 renumber the remaining subsections accordingly.
2658 [
2659 Account Committee, is repealed July 1, 2024.
2660 [
2661 Commission, are repealed January 1, 2025.
2662 [
2663 2027.
2664 [
2665 July 1, 2027.
2666 Section 43. Section 63I-1-263 is amended to read:
2667 63I-1-263. Repeal dates: Titles 63A through 63N.
2668 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
2669 improvement funding, is repealed July 1, 2024.
2670 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2671 2023.
2672 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
2673 Committee, are repealed July 1, 2023.
2674 (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
2675 1, 2028.
2676 (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2677 2025.
2678 (6) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2679 2024.
2680 (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
2681 repealed July 1, 2023.
2682 (8) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
2683 December 31, 2026.
2684 (9) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
2685 repealed July 1, 2026.
2686 (10) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
2687 (11) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
2688 [
2689
2690 [
2691 repealed on July 1, 2028.
2692 [
2693 Disabilities Advisory Board, is repealed July 1, 2026.
2694 [
2695 July 1, 2028.
2696 [
2697 July 1, 2024.
2698 [
2699 2026.
2700 [
2701 Commission, is repealed January 1, 2025.
2702 [
2703 Canyon, is repealed July 1, 2025.
2704 [
2705 Committee, is repealed July 1, 2027.
2706 [
2707 on January 1, 2033:
2708 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2709 repealed;
2710 (b) Section 63M-7-305, the language that states "council" is replaced with
2711 "commission";
2712 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
2713 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2714 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2715 "(2) The commission shall:
2716 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2717 Drug-Related Offenses Reform Act; and
2718 (b) coordinate the implementation of Section 77-18-104 and related provisions in
2719 Subsections 77-18-103(2)(c) and (d).".
2720 [
2721
2722 [
2723 July1, 2026.
2724 (22) Section 63M-7-902, which creates the Victim Services Commission, is repealed
2725 July 1, 2029.
2726 [
2727 2026.
2728 [
2729 repealed January 1, 2025.
2730 [
2731 [
2732 July 1, 2028.
2733 [
2734 repealed July 1, 2027.
2735 [
2736 Program, is repealed July 1, 2025.
2737 [
2738 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
2739 and
2740 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
2741 Program, is repealed.
2742 [
2743 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
2744 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
2745 repealed and replaced with "Utah Office of Tourism";
2746 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
2747 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
2748 approval from the Board of Tourism Development, is repealed; and
2749 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
2750 [
2751 Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
2752 is repealed on July 1, 2024.
2753 Section 44. Section 63I-2-209 is amended to read:
2754 63I-2-209. Repeal dates: Title 9.
2755 (1) Section 9-6-303 is repealed on October 1, 2024.
2756 (2) Sections 9-6-305 and 9-6-306, which create and describe the powers of the Utah
2757 Museums Advisory Board, are repealed on October 1, 2024.
2758 (3) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
2759 December 31, 2024.
2760 [
2761 repealed June 30, 2021.
2762 [
2763 Exchange Restricted Account Act, is repealed on July 1, 2024.
2764 [
2765 Account Act, is repealed on July 1, 2024.
2766 [
2767 Building Communities Restricted Account Act, is repealed on July 1, 2024.
2768 Section 45. Section 63I-2-226 (Superseded 07/01/24) is amended to read:
2769 63I-2-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
2770 (1) Subsection 26B-1-204(2)(e), related to the Air Ambulance Committee, is repealed
2771 July 1, 2024.
2772 (2) Section 26B-1-241 is repealed July 1, 2024.
2773 (3) Section 26B-1-302 is repealed on July 1, 2024.
2774 (4) Section 26B-1-313 is repealed on July 1, 2024.
2775 (5) Section 26B-1-314 is repealed on July 1, 2024.
2776 (6) Section 26B-1-321 is repealed on July 1, 2024.
2777 (7) Section 26B-1-405, related to the Air Ambulance Committee, is repealed on July 1,
2778 2024.
2779 (8) Section 26B-1-423, which creates the rural Physician Loan Repayment Program
2780 Advisory Committee, is repealed on July 1, 2026.
2781 [
2782
2783 (9) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2784 26B-2-231(1)(a) is amended to read:
2785 "(a) provide the patient or the patient's representative with the following information
2786 before contacting an air medical transport provider:
2787 (i) which health insurers in the state the air medical transport provider contracts with;
2788 (ii) if sufficient data is available, the average charge for air medical transport services
2789 for a patient who is uninsured or out of network; and
2790 (iii) whether the air medical transport provider balance bills a patient for any charge not
2791 paid by the patient's health insurer; and".
2792 (10) Section 26B-3-142 is repealed July 1, 2024.
2793 (11) Subsection 26B-3-215(5), related to reporting on coverage for in vitro fertilization
2794 and genetic testing, is repealed July 1, 2030.
2795 (12) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2796 26B-4-135(1)(a) is amended to read:
2797 "(a) provide the patient or the patient's representative with the following information
2798 before contacting an air medical transport provider:
2799 (i) which health insurers in the state the air medical transport provider contracts with;
2800 (ii) if sufficient data is available, the average charge for air medical transport services
2801 for a patient who is uninsured or out of network; and
2802 (iii) whether the air medical transport provider balance bills a patient for any charge not
2803 paid by the patient's health insurer; and".
2804 (13) Section 26B-4-702, related to the Utah Health Care Workforce Financial
2805 Assistance Program, is repealed July 1, 2027.
2806 (14) Subsections 26B-4-703(3)(b), (3)(c)(i) and (ii), and (6)(b) are repealed on July 1,
2807 2026.
2808 [
2809 programs, is repealed January 2, 2025.
2810 [
2811 exchange and education, is repealed January 1, 2027.
2812 [
2813 2025.
2814 Section 46. Section 63I-2-226 (Effective 07/01/24) is amended to read:
2815 63I-2-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
2816 (1) Section 26B-1-241 is repealed July 1, 2024.
2817 (2) Section 26B-1-302 is repealed on July 1, 2024.
2818 (3) Section 26B-1-313 is repealed on July 1, 2024.
2819 (4) Section 26B-1-314 is repealed on July 1, 2024.
2820 (5) Section 26B-1-321 is repealed on July 1, 2024.
2821 (6) Section 26B-1-423, which creates the rural Physician Loan Repayment Program
2822 Advisory Committee, is repealed on July 1, 2026.
2823 [
2824
2825 (7) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2826 26B-2-231(1)(a) is amended to read:
2827 "(a) provide the patient or the patient's representative with the following information
2828 before contacting an air medical transport provider:
2829 (i) which health insurers in the state the air medical transport provider contracts with;
2830 (ii) if sufficient data is available, the average charge for air medical transport services
2831 for a patient who is uninsured or out of network; and
2832 (iii) whether the air medical transport provider balance bills a patient for any charge not
2833 paid by the patient's health insurer; and".
2834 (8) Section 26B-3-142 is repealed July 1, 2024.
2835 (9) Subsection 26B-3-215(5), related to reporting on coverage for in vitro fertilization
2836 and genetic testing, is repealed July 1, 2030.
2837 (10) Section 26B-4-702, related to the Utah Health Care Workforce Financial
2838 Assistance Program, is repealed July 1, 2027.
2839 (11) Subsections 26B-4-703(3)(b), (3)(c)(i) and (ii), and (6)(b) are repealed on July 1,
2840 2026.
2841 [
2842 programs, is repealed January 2, 2025.
2843 [
2844 exchange and education, is repealed January 1, 2027.
2845 [
2846 2025.
2847 Section 47. Section 63I-2-235 is amended to read:
2848 63I-2-235. Repeal dates: Title 35A.
2849 (1) Section 35A-1-104.6 is repealed June 30, 2022.
2850 (2) Section 35A-3-212 is repealed June 30, 2025.
2851 (3) Sections 35A-13-301 and 35A-13-302, which create the Governor's Committee on
2852 Employment of People with Disabilities, are repealed on October 1, 2024.
2853 Section 48. Section 63I-2-236 is amended to read:
2854 63I-2-236. Repeal dates: Title 36.
2855 (1) Section 36-12-8.2 is repealed July 1, 2024.
2856 (2) Section 36-29-107.5 is repealed on November 30, 2024.
2857 (3) Section 36-29-109 is repealed on November 30, 2027.
2858 (4) Section 36-29-110 is repealed on November 30, 2024.
2859 [
2860 [
2861 January 1, 2024:
2862 (a) Section 36-29-201;
2863 (b) Section 36-29-202; and
2864 (c) Section 36-29-203.
2865 [
2866 repealed December 31, 2023.
2867 Section 49. Section 63I-2-253 (Effective 07/01/24) is amended to read:
2868 63I-2-253 (Effective 07/01/24). Repeal dates: Titles 53 through 53G.
2869 (1) Subsection 53-1-104(1)(b), regarding the Air Ambulance Committee, is repealed
2870 July 1, 2024.
2871 (2) Section 53-1-118 is repealed on July 1, 2024.
2872 (3) Section 53-1-120 is repealed on July 1, 2024.
2873 (4) Section 53-2a-303 is repealed on October 1, 2024.
2874 [
2875 1, 2024.
2876 (6) Section 53-2d-302, which creates the Trauma System Advisory Committee, is
2877 repealed on October 1, 2024.
2878 (7) Section 53-2d-904, which creates the Cardiac Registry Advisory Committee, is
2879 repealed on October 1, 2024.
2880 [
2881 53-2d-702(1)(a) is amended to read:
2882 "(a) provide the patient or the patient's representative with the following information
2883 before contacting an air medical transport provider:
2884 (i) which health insurers in the state the air medical transport provider contracts with;
2885 (ii) if sufficient data is available, the average charge for air medical transport services
2886 for a patient who is uninsured or out of network; and
2887 (iii) whether the air medical transport provider balance bills a patient for any charge not
2888 paid by the patient's health insurer; and".
2889 [
2890 (10) Sections 53-9-104, 53-9-105, and 53-9-106, which create and establish the duties
2891 of the Private Investigator Hearing and Licensure Board, are repealed on October 1, 2024.
2892 [
2893 [
2894 [
2895 repealed July 1, 2023.
2896 [
2897 [
2898 repealed on July 1, 2023:
2899 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2900 established under Sections 53B-8-202 through 53B-8-205";
2901 (b) Section 53B-8-202;
2902 (c) Section 53B-8-203;
2903 (d) Section 53B-8-204; and
2904 (e) Section 53B-8-205.
2905 [
2906 [
2907 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2908 [
2909 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2910 [
2911 is repealed July 1, 2024.
2912 [
2913 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2914 [
2915 is repealed July 1, 2024.
2916 [
2917 program, is repealed July 1, 2028.
2918 [
2919 [
2920 [
2921 Legislative Research and General Counsel shall, in addition to the office's authority under
2922 Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
2923 in this section are complete sentences and accurately reflect the office's perception of the
2924 Legislature's intent.
2925 Section 50. Section 63I-2-258 is amended to read:
2926 63I-2-258. Repeal dates: Title 58.
2927 Title 58, Chapter 38a, Controlled Substances Advisory Committee Act, is repealed
2928 October 1, 2024.
2929 Section 51. Section 63I-2-263 is amended to read:
2930 63I-2-263. Repeal dates: Title 63A through Title 63N.
2931 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
2932 Procurement Advisory Council is repealed July 1, 2025.
2933 (2) Section 63A-17-303 is repealed July 1, 2023.
2934 (3) Section 63A-17-806 is repealed June 30, 2026.
2935 (4) Section 63C-1-103 is repealed January 1, 2025.
2936 [
2937 Commission is repealed July 1, 2023.
2938 (6) Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed October 1,
2939 2024.
2940 [
2941 [
2942 safety communications network, is repealed July 1, 2033.
2943 [
2944 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
2945 (10) Sections 63M-7-504, 63M-7-505, and 63M-7-506, which create and establish the
2946 duties of the Crime Victim Reparations and Assistance Board, are repealed October 1, 2024.
2947 (11) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed
2948 October 1, 2024.
2949 [
2950 taxable year as the targeted business income tax credit, is repealed December 31, 2024.
2951 [
2952 Enterprise Zone, is repealed December 31, 2024.
2953 Section 52. Section 63M-7-202 is amended to read:
2954 63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
2955 United States Attorney as nonvoting member.
2956 (1) The State Commission on Criminal and Juvenile Justice is composed of [
2957 voting members as follows:
2958 (a) the chief justice of the supreme court, as the presiding officer of the judicial
2959 council, or a judge designated by the chief justice;
2960 (b) the state court administrator or the state court administrator's designee;
2961 (c) the executive director of the Department of Corrections or the executive director's
2962 designee;
2963 (d) the executive director of the Department of Health and Human Services or the
2964 executive director's designee;
2965 (e) the commissioner of the Department of Public Safety or the commissioner's
2966 designee;
2967 (f) the attorney general or an attorney designated by the attorney general;
2968 (g) the president of the chiefs of police association or a chief of police designated by
2969 the association's president;
2970 (h) the president of the sheriffs' association or a sheriff designated by the association's
2971 president;
2972 (i) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
2973 and Parole designated by the chair;
2974 (j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
2975 Commission designated by the chair;
2976 (k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
2977 member of the Utah Substance Use and Mental Health Advisory Council designated by the
2978 chair;
2979 (l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
2980 Juvenile Justice designated by the chair;
2981 (m) the chair of the Utah Victim Services Commission or a member of the Utah Victim
2982 Services Commission designated by the chair;
2983 [
2984
2985 [
2986 attorney designated by the executive director;
2987 [
2988 Indigent Defense Commission designated by the chair;
2989 [
2990 attorney; and
2991 [
2992 (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
2993 Judicial Council;
2994 (ii) a representative of the statewide association of public attorneys designated by the
2995 association's officers;
2996 (iii) one member of the House of Representatives who is appointed by the speaker of
2997 the House of Representatives; and
2998 (iv) one member of the Senate who is appointed by the president of the Senate.
2999 (2) The governor shall appoint the remaining five members to four-year staggered
3000 terms as follows:
3001 (a) one criminal defense attorney appointed from a list of three nominees submitted by
3002 the Utah State Bar Association;
3003 (b) one attorney who primarily represents juveniles in delinquency matters appointed
3004 from a list of three nominees submitted by the Utah Bar Association;
3005 (c) one representative of public education;
3006 (d) one citizen representative; and
3007 (e) a representative from a local faith who has experience with the criminal justice
3008 system.
3009 (3) In addition to the members designated under Subsections (1) and (2), the United
3010 States Attorney for the district of Utah or an attorney designated by the United States Attorney
3011 may serve as a nonvoting member.
3012 (4) In appointing the members under Subsection (2), the governor shall take into
3013 account the geographical makeup of the commission.
3014 Section 53. Section 63M-7-209 (Effective 07/01/24) is amended to read:
3015 63M-7-209 (Effective 07/01/24). Trauma-informed justice program.
3016 (1) As used in this section:
3017 (a) "Committee" means the Multi-Disciplinary Trauma-Informed Committee created
3018 under Subsection (2).
3019 (b) "First responder" includes:
3020 (i) a law enforcement officer, as defined in Section 53-13-103;
3021 (ii) emergency medical service personnel, as defined in Section 53-2d-101; and
3022 (iii) a firefighter.
3023 (c) "Trauma-informed" means a policy, procedure, program, or practice that
3024 demonstrates an ability to minimize retraumatization associated with the criminal and juvenile
3025 justice system.
3026 (d) "Victim" means the same as that term is defined in Section 77-37-2.
3027 (2) (a) The commission shall create a committee known as the Multi-Disciplinary
3028 Trauma-Informed Committee to assist the commission in meeting the requirements of this
3029 section. The commission shall provide for the membership, terms, and quorum requirements of
3030 the committee, except that:
3031 (i) at least one member of the committee shall be a victim;
3032 (ii) the executive director of the Department of Health and Human Services or the
3033 executive director's designee shall be on the committee; and
3034 (iii) the commission shall terminate the committee on June 30, 2020.
3035 (b) The commission shall use the Utah Office for Victims of Crime, the Utah Office on
3036 Domestic and Sexual Violence, and the Utah [
3037 Commission in meeting the requirements of this section.
3038 (3) (a) The committee shall work with statewide coalitions, children's justice centers,
3039 and other stakeholders to complete, by no later than September 1, 2019, a review of current and
3040 recommended trauma-informed policies, procedures, programs, or practices in the state's
3041 criminal and juvenile justice system, including:
3042 (i) reviewing the role of victim advocates and victim services in the criminal and
3043 juvenile justice system and:
3044 (A) how to implement the option of a comprehensive, seamless victim advocate system
3045 that is based on the best interests of victims and assists a victim throughout the criminal and
3046 juvenile justice system or a victim's process of recovering from the trauma the victim
3047 experienced as a result of being a victim of crime; and
3048 (B) recommending what minimum qualifications a victim advocate must meet,
3049 including recommending trauma-informed training or trauma-informed continuing education
3050 hours;
3051 (ii) reviewing of best practice standards and protocols, including recommending
3052 adoption or creation of trauma-informed interview protocols, that may be used to train persons
3053 within the criminal and juvenile justice system concerning trauma-informed policies,
3054 procedures, programs, or practices, including training of:
3055 (A) peace officers that is consistent with the training developed under Section
3056 53-10-908;
3057 (B) first responders;
3058 (C) prosecutors;
3059 (D) defense counsel;
3060 (E) judges and other court personnel;
3061 (F) the Board of Pardons and Parole and its personnel;
3062 (G) the Department of Corrections, including Adult Probation and Parole; and
3063 (H) others involved in the state's criminal and juvenile justice system;
3064 (iii) recommending outcome based metrics to measure achievement related to
3065 trauma-informed policies, procedures, programs, or practices in the criminal and juvenile
3066 justice system;
3067 (iv) recommending minimum qualifications and continuing education of individuals
3068 providing training, consultation, or administrative supervisory consultation within the criminal
3069 and juvenile justice system regarding trauma-informed policies, procedures, programs, or
3070 practices;
3071 (v) identifying needs that are not funded or that would benefit from additional
3072 resources;
3073 (vi) identifying funding sources, including outlining the restrictions on the funding
3074 sources, that may fund trauma-informed policies, procedures, programs, or practices;
3075 (vii) reviewing which governmental entities should have the authority to implement
3076 recommendations of the committee; and
3077 (viii) reviewing the need, if any, for legislation or appropriations to meet budget needs.
3078 (b) Whenever the commission conducts a related survey, the commission, when
3079 possible, shall include how victims and their family members interact with Utah's criminal and
3080 juvenile justice system, including whether the victims and family members are treated with
3081 trauma-informed policies, procedures, programs, or practices throughout the criminal and
3082 juvenile justice system.
3083 (4) The commission shall establish and administer a performance incentive grant
3084 program that allocates money appropriated by the Legislature to public or private entities:
3085 (a) to provide advocacy and related service for victims in connection with the Board of
3086 Pardons and Parole process; and
3087 (b) that have demonstrated experience and competency in the best practices and
3088 standards of trauma-informed care.
3089 (5) The commission shall report to the Judiciary Interim Committee, at the request of
3090 the Judiciary Interim Committee, and the Law Enforcement and Criminal Justice Interim
3091 Committee by no later than the September 2019 interim regarding the grant under Subsection
3092 (4), the committee's activities under this section, and whether the committee should be
3093 extended beyond June 30, 2020.
3094 Section 54. Section 63M-7-502 is amended to read:
3095 63M-7-502. Definitions.
3096 As used in this part:
3097 (1) "Accomplice" means an individual who has engaged in criminal conduct as
3098 described in Section 76-2-202.
3099 (2) "Advocacy services provider" means the same as that term is defined in Section
3100 77-38-403.
3101 [
3102
3103 [
3104 condition.
3105 [
3106 (a) a victim;
3107 (b) a dependent of a deceased victim; or
3108 (c) an individual or representative who files a reparations claim on behalf of a victim.
3109 [
3110 [
3111 loss otherwise reparable under this part that the victim or claimant has received, or that is
3112 readily available to the victim from:
3113 (a) the offender;
3114 (b) the insurance of the offender or the victim;
3115 (c) the United States government or any of its agencies, a state or any of its political
3116 subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
3117 state-funded programs;
3118 (d) social security, Medicare, and Medicaid;
3119 (e) state-required temporary nonoccupational income replacement insurance or
3120 disability income insurance;
3121 (f) workers' compensation;
3122 (g) wage continuation programs of any employer;
3123 (h) proceeds of a contract of insurance payable to the victim for the loss the victim
3124 sustained because of the criminally injurious conduct;
3125 (i) a contract providing prepaid hospital and other health care services or benefits for
3126 disability; or
3127 (j) veteran's benefits, including veteran's hospitalization benefits.
3128 [
3129 defined in Section 77-38-403.
3130 [
3131 declared means conduct that:
3132 (i) is or would be subject to prosecution in this state under Section 76-1-201;
3133 (ii) occurs or is attempted;
3134 (iii) causes, or poses a substantial threat of causing, bodily injury or death;
3135 (iv) is punishable by fine, imprisonment, or death if the individual engaging in the
3136 conduct possessed the capacity to commit the conduct; and
3137 (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
3138 aircraft, or water craft, unless the conduct is:
3139 (A) intended to cause bodily injury or death;
3140 (B) punishable under Title 76, Chapter 5, Offenses Against the Individual; or
3141 (C) chargeable as an offense for driving under the influence of alcohol or drugs.
3142 (b) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
3143 other conduct leading to the psychological injury of an individual resulting from living in a
3144 setting that involves a bigamous relationship.
3145 [
3146 partially legally responsible for care or support.
3147 (b) "Dependent" includes a child of the victim born after the victim's death.
3148 [
3149 contributions of things of economic value to the victim's dependent, not including services the
3150 dependent would have received from the victim if the victim had not suffered the fatal injury,
3151 less expenses of the dependent avoided by reason of victim's death.
3152 [
3153 necessarily incurred by the dependent after the victim's death in obtaining services in lieu of
3154 those the decedent would have performed for the victim's benefit if the victim had not suffered
3155 the fatal injury, less expenses of the dependent avoided by reason of the victim's death and not
3156 subtracted in calculating the dependent's economic loss.
3157 [
3158 [
3159 punishment to be imposed upon an individual:
3160 (a) convicted of a crime;
3161 (b) found delinquent; or
3162 (c) against whom a finding of sufficient facts for conviction or finding of delinquency
3163 is made.
3164 [
3165 allowable expense, work loss, replacement services loss, and if injury causes death, dependent's
3166 economic loss and dependent's replacement service loss.
3167 (b) "Economic loss" includes economic detriment even if caused by pain and suffering
3168 or physical impairment.
3169 (c) "Economic loss" does not include noneconomic detriment.
3170 [
3171 is a victim.
3172 [
3173 misrepresentation of fact and intended to deceive the reparations staff for the purpose of
3174 obtaining reparation funds for which the claimant is not eligible.
3175 [
3176 63M-7-526.
3177 [
3178 harm, or a threat of violence or physical harm, that is committed by an individual who is or has
3179 been in a domestic, dating, sexual, or intimate relationship with the victim.
3180 (b) "Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
3181 described in Subsection [
3182 [
3183 Section 53-13-103.
3184 [
3185 document criminally injurious conduct.
3186 (b) "Medical examination" does not include mental health evaluations for the
3187 prosecution and investigation of a crime.
3188 [
3189 necessitated as a result of criminally injurious conduct, is subject to rules made by the [
3190 office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3191 [
3192 injury or death of the victim as provided by rules made by the [
3193 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3194 [
3195 impairment, and other nonpecuniary damage, except as provided in this part.
3196 [
3197 term is defined in Section 77-38-403.
3198 [
3199 except as otherwise provided in this part.
3200 [
3201 Code, through criminally injurious conduct regardless of whether the individual is arrested,
3202 prosecuted, or convicted.
3203 [
3204 [
3205 other staff employed for the purpose of carrying out the provisions of this part.
3206 [
3207 criminally injurious conduct.
3208 [
3209 or to another on behalf of a claimant after the day on which a reparations claim is approved by
3210 the office.
3211 [
3212 office for a reparations award.
3213 [
3214 investigate claims of victims and award reparations under this part.
3215 (b) "Reparations officer" includes the director when the director is acting as a
3216 reparations officer.
3217 [
3218 incurred in obtaining ordinary and necessary services in lieu of those the injured individual
3219 would have performed, not for income but the benefit of the injured individual or the injured
3220 individual's dependents if the injured individual had not been injured.
3221 [
3222 guardian, attorney, conservator, executor, or an heir of an individual.
3223 (b) "Representative" does not include a service provider or collateral source.
3224 [
3225 [
3226 the criminally injurious conduct subject to rules made by the [
3227 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3228 (37) "Services commission" means the Utah Victim Services Commission created in
3229 Section 63M-7-902.
3230 (38) "Service provider" means an individual or agency who provides a service to a
3231 victim for a monetary fee, except attorneys as provided in Section 63M-7-524.
3232 (39) "Serious bodily injury" means the same as that term is defined in Section
3233 76-1-101.5.
3234 (40) "Sexual assault" means any criminal conduct described in Title 76, Chapter 5, Part
3235 4, Sexual Offenses.
3236 (41) "Strangulation" means any act involving the use of unlawful force or violence
3237 that:
3238 (a) impedes breathing or the circulation of blood; and
3239 (b) is likely to produce a loss of consciousness by:
3240 (i) applying pressure to the neck or throat of an individual; or
3241 (ii) obstructing the nose, mouth, or airway of an individual.
3242 (42) "Substantial bodily injury" means the same as that term is defined in Section
3243 76-1-101.5.
3244 (43) (a) "Victim" means an individual who suffers bodily or psychological injury or
3245 death as a direct result of:
3246 (i) criminally injurious conduct; or
3247 (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201.1 if
3248 the individual is a minor.
3249 (b) "Victim" does not include an individual who participated in or observed the judicial
3250 proceedings against an offender unless otherwise provided by statute or rule made in
3251 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3252 (44) "Work loss" means loss of income from work the injured victim would have
3253 performed if the injured victim had not been injured and expenses reasonably incurred by the
3254 injured victim in obtaining services in lieu of those the injured victim would have performed
3255 for income, reduced by any income from substitute work the injured victim was capable of
3256 performing but unreasonably failed to undertake.
3257 Section 55. Section 63M-7-507 is amended to read:
3258 63M-7-507. Director -- Appointment and functions -- Office duties.
3259 (1) The executive director of the Commission on Criminal and Juvenile Justice, after
3260 consulting with the [
3261 provisions of this part.
3262 (2) The director shall:
3263 (a) be an experienced administrator with a background in at least one of the following
3264 fields:
3265 (i) social work;
3266 (ii) psychology;
3267 (iii) criminal justice;
3268 (iv) law; or
3269 (v) another field related to the fields described in Subsections (2)(a)(i) through (iv);
3270 (b) demonstrate an understanding of the needs of crime victims and of services to
3271 victims; and
3272 (c) devote the director's time and capacity to the director's duties.
3273 (3) In addition to the requirements under Subsection (2), the director shall:
3274 (a) hire staff, including reparations and assistance officers, as necessary;
3275 (b) act when necessary as a reparations officer in deciding an initial reparations claim;
3276 (c) possess the same investigation and decision-making authority as the reparations
3277 officers;
3278 (d) hear appeals from the decisions of the reparations officers, unless the director acted
3279 as a reparations officer on the initial reparations claim;
3280 (e) serve as a liaison between the office and the [
3281 (f) serve as the public relations representative of the office;
3282 (g) provide for payment of all administrative salaries, fees, and expenses incurred by
3283 the staff of the [
3284 (h) cooperate with the state treasurer and the state Division of Finance in causing the
3285 funds in the fund to be invested and the fund's investments sold or exchanged and the proceeds
3286 and income collected;
3287 (i) apply for, receive, allocate, disburse, and account for, subject to approval and in
3288 conformance with policies adopted by the [
3289 available by the United States, the state, foundations, corporations, and other businesses,
3290 agencies, or individuals;
3291 (j) obtain and utilize the services of other governmental agencies upon request; and
3292 (k) act in any other capacity or perform any other acts necessary for the office or
3293 [
3294 objectives.
3295 (4) The office is placed within the Commission on Criminal and Juvenile Justice for
3296 the provision by the services commission of administrative and support services.
3297 (5) The office shall, under the direction of the Commission on Criminal and Juvenile
3298 Justice and in collaboration with the services commission, adopt rules to implement and
3299 administer this part in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
3300 Act, which may include setting of ceilings on reparations, defining of terms not specifically
3301 stated in this part, and establishing of rules governing attorney fees.
3302 (6) The director may request assistance from the Commission on Criminal and Juvenile
3303 Justice, the Department of Public Safety, and other state agencies in conducting research or
3304 monitoring victims' programs.
3305 Section 56. Section 63M-7-508 is amended to read:
3306 63M-7-508. Reparations officers.
3307 The reparations officers shall in addition to any assignments made by the director:
3308 (1) hear and determine all matters relating to a reparations claim and reinvestigate or
3309 reopen a reparations claim without regard to statutes of limitation or periods of prescription;
3310 (2) obtain from prosecuting attorneys, law enforcement officers, and other criminal
3311 justice agencies, investigations and data to enable the reparations officer to determine whether
3312 and to what extent a claimant qualifies for reparations;
3313 (3) as determined necessary by the reparations officers, hold hearings, administer oaths
3314 or affirmations, examine any individual under oath or affirmation, issue subpoenas requiring
3315 the attendance and giving of testimony of witnesses, require the production of any books,
3316 papers, documents, or other evidence which may contribute to the reparations officer's ability
3317 to determine particular reparation awards;
3318 (4) determine who is a victim or dependent;
3319 (5) award reparations or other benefits determined to be due under this part and the
3320 rules of the [
3321 Rulemaking Act;
3322 (6) take notice of judicially recognized facts and general, technical, and scientific facts
3323 within the reparations officers' specialized knowledge;
3324 (7) advise and assist the [
3325 recognizing the rights, needs, and interests of crime victims;
3326 (8) render periodic reports as requested by the [
3327 concerning:
3328 (a) the reparations officers' activities; and
3329 (b) the manner in which the rights, needs, and interests of crime victims are being
3330 addressed by the state's criminal justice system;
3331 (9) establish priorities for assisting elderly victims of crime or those victims facing
3332 extraordinary hardships;
3333 (10) cooperate with the State Commission on Criminal and Juvenile Justice to develop
3334 information regarding crime victims' problems and programs; and
3335 (11) assist the director in publicizing the provisions of the office, including the
3336 procedures for obtaining reparation, and in encouraging law enforcement agencies, health
3337 providers, and other related officials to take reasonable care to ensure that victims are informed
3338 about the provisions of this part and the procedure for applying for reparation.
3339 Section 57. Section 63M-7-511 is amended to read:
3340 63M-7-511. Compensable losses and amounts.
3341 A reparations award under this part may be made if:
3342 (1) the reparations officer finds the reparations claim satisfies the requirements for the
3343 reparations award under the provisions of this part and the rules of the [
3344 (2) money is available in the fund;
3345 (3) the individual for whom the reparations award is to be paid is otherwise eligible
3346 under this part; and
3347 (4) the reparations claim is for an allowable expense incurred by the victim, as follows:
3348 (a) reasonable and necessary charges incurred for products, services, and
3349 accommodations;
3350 (b) inpatient and outpatient medical treatment and physical therapy, subject to rules
3351 made by the [
3352 Rulemaking Act;
3353 (c) mental health counseling that:
3354 (i) is set forth in a mental health treatment plan that is approved before any payment is
3355 made by a reparations officer; and
3356 (ii) qualifies within any further rules made by the [
3357 Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
3358 (d) actual loss of past earnings and anticipated loss of future earnings because of a
3359 death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the
3360 individual's weekly gross salary or wages or the maximum amount allowed under the state
3361 workers' compensation statute;
3362 (e) care of minor children enabling a victim or spouse of a victim, but not both, to
3363 continue gainful employment at a rate per child per week as determined under rules established
3364 by the [
3365 Rulemaking Act;
3366 (f) funeral and burial expenses for death caused by the criminally injurious conduct,
3367 subject to rules made by the [
3368 Administrative Rulemaking Act;
3369 (g) loss of support to a dependent not otherwise compensated for a pecuniary loss for
3370 personal injury, for as long as the dependence would have existed had the victim survived, at a
3371 rate not to exceed 66-2/3% of the individual's weekly salary or wages or the maximum amount
3372 allowed under the state workers' compensation statute, whichever is less;
3373 (h) personal property necessary and essential to the health or safety of the victim as
3374 defined by rules made by the [
3375 Administrative Rulemaking Act;
3376 (i) medical examinations, subject to rules made by the [
3377 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may allow for
3378 exemptions from Sections 63M-7-509, 63M-7-512, and 63M-7-513; and
3379 (j) for a victim of sexual assault who becomes pregnant from the sexual assault, health
3380 care:
3381 (i) for the victim during the duration of the victim's pregnancy if the health care is
3382 related to or resulting from the sexual assault or the pregnancy; and
3383 (ii) for the victim and the victim's child for one year after the day on which the victim's
3384 child is born.
3385 Section 58. Section 63M-7-516 is amended to read:
3386 63M-7-516. Waiver of privilege.
3387 (1) (a) A victim who is a claimant waives any privilege as to communications or
3388 records relevant to an issue of the physical, mental, or emotional conditions of the victim
3389 except for the attorney-client privilege.
3390 (b) The waiver described in Subsection (1)(a) applies only to reparations officers, the
3391 director, the [
3392 (2) A claimant may be required to supply any additional medical or psychological
3393 reports available relating to the injury or death for which compensation is claimed.
3394 (3) (a) The reparations officer hearing a reparations claim or an appeal from a
3395 reparations claim shall make available to the claimant a copy of the report.
3396 (b) If the victim is deceased, the director or the director's appointee, on request, shall
3397 furnish the claimant a copy of the report unless dissemination of that copy is prohibited by law.
3398 Section 59. Section 63M-7-517 is amended to read:
3399 63M-7-517. Additional testing.
3400 (1) If the mental, physical, or emotional condition of a victim is material to a
3401 reparations claim, the reparations officer, director, or chair of the [
3402 who hears the reparations claim or the appeal may order the claimant to submit to a mental or
3403 physical examination by a physician or psychologist and may recommend to the court to order
3404 an autopsy of a deceased victim.
3405 (2) The court may order an additional examination for good cause shown and shall
3406 provide notice to the individual to be examined and the individual's representative.
3407 (3) All reports from additional examinations shall set out findings, including results of
3408 all tests made, diagnoses, prognoses, other conclusions, and reports of earlier examinations of
3409 the same conditions.
3410 (4) A copy of the report shall be made available to the victim or the representative of
3411 the victim unless dissemination of that copy is prohibited by law.
3412 Section 60. Section 63M-7-519 is amended to read:
3413 63M-7-519. Assignment of recovery -- Reimbursement.
3414 (1) (a) By accepting a reparations award, the victim:
3415 (i) automatically assigns to the office any claim the victim may have relating to
3416 criminally injurious conduct in the reparations claim; and
3417 (ii) is required to reimburse the office if the victim recovers any money relating to the
3418 criminally injurious conduct.
3419 (b) The office's right of assignment and reimbursement under Subsection (1)(a) is
3420 limited to the lesser of:
3421 (i) the amount paid by the office; or
3422 (ii) the amount recovered by the victim from the third party.
3423 (c) The office may be reimbursed under Subsection (1)(a) regardless of whether the
3424 office exercises the office's right of assignment under Subsection (1)(a).
3425 (2) The [
3426 the office's right of reimbursement if the [
3427 (a) the reduction will benefit the fund; or
3428 (b) the victim has ongoing expenses related to the offense upon which the reparations
3429 claim is based and the benefit to the victim of reducing the office's right of reimbursement
3430 exceeds the benefit to the office of receiving full reimbursement.
3431 (3) The office reserves the right to make a claim for reimbursement on behalf of the
3432 victim and the victim may not impair the office's claim or the office's right of reimbursement.
3433 Section 61. Section 63M-7-521.5 is amended to read:
3434 63M-7-521.5. Payments to medical service providers.
3435 (1) (a) Except as provided in Subsection (2), a medical service provider who accepts
3436 payment from the office shall agree to accept payments as payment in full on behalf of the
3437 victim or claimant and may not attempt to collect further payment from the victim or the
3438 claimant for services for which the office has made payment.
3439 (b) In the event the office is unable to make full payment in accordance with the
3440 office's rules, the medical service provider may collect from the victim or claimant, but not
3441 more than the amount the provider would have received from the office.
3442 (2) (a) When a medical service provider receives notice that a reparations claim has
3443 been filed, the medical service provider may not, before the office determines whether to issue
3444 a reparations award, engage in debt collection for the claim, including:
3445 (i) repeatedly calling or writing to a victim and threatening to refer unpaid health care
3446 costs to a debt collection agency, attorney, or other person for collection; or
3447 (ii) filing for or pursuing a legal remedy for payment of unpaid health care costs.
3448 (b) The statute of limitations for collecting a debt is tolled during the time in which a
3449 request for a reparations award is being reviewed by the office.
3450 (3) The office may:
3451 (a) use the fee schedule utilized by the Utah Public Employees Health Plan or any other
3452 fee schedule adopted by the [
3453 (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
3454 Rulemaking Act, necessary to implement the fee schedule adopted in accordance with this
3455 section.
3456 Section 62. Section 63M-7-522 is amended to read:
3457 63M-7-522. Emergency reparations award.
3458 (1) If the reparations officer determines that the claimant will suffer financial hardship
3459 unless an emergency reparations award is made, and it appears likely that a final reparations
3460 award will be made, an amount may be paid to the claimant, to be deducted from the final
3461 reparations award or repaid by and recoverable from the claimant to the extent that it exceeds
3462 the final reparations award.
3463 (2) The [
3464 Subsection (1) to any amount the [
3465 Section 63. Section 63M-7-525 is amended to read:
3466 63M-7-525. Purpose -- Not entitlement program.
3467 (1) (a) The purpose of the office is to assist victims of criminally injurious conduct
3468 who may be eligible for assistance from the fund.
3469 (b) Reparation to a victim under this part is limited to the money available in the fund.
3470 (2) (a) The assistance program described in Subsection (1) is not an entitlement
3471 program.
3472 (b) A reparations award may be limited or denied as determined appropriate by the
3473 [
3474 (c) Failure to grant a reparations award does not create a cause of action against the
3475 office, the state, or any of its subdivisions and there is no right to judicial review over the
3476 decision whether or not to grant a reparations award.
3477 (3) A cause of action based on a failure to give or receive the notice required by this
3478 part does not accrue to any person against the state, any of its agencies or local subdivisions,
3479 any of their law enforcement officers or other agents or employees, or any health care or
3480 medical provider or its agents or employees nor does it affect or alter any requirement for filing
3481 or payment of a reparations claim.
3482 Section 64. Section 63M-7-902 is amended to read:
3483 63M-7-902. Creation -- Membership -- Terms -- Vacancies -- Expenses.
3484 (1) There is created the Utah Victim Services Commission within the State
3485 Commission on Criminal and Juvenile Justice.
3486 (2) The commission is composed of the following members:
3487 (a) the executive director of the State Commission on Criminal and Juvenile Justice or
3488 the executive director's designee;
3489 (b) the director of the Utah Office for Victims of Crime or the director's designee;
3490 (c) the executive director of the Department of Health and Human Services or the
3491 executive director's designee;
3492 [
3493
3494 [
3495 [
3496 executive director's designee;
3497 [
3498 the executive director's designee;
3499 [
3500 director's designee;
3501 [
3502
3503 [
3504 designee;
3505 [
3506 [
3507 designee;
3508 [
3509 advice and consent of the Senate;
3510 [
3511 of the Senate;
3512 [
3513
3514 [
3515 Chiefs of Police Association, appointed by the governor with the advice and consent of the
3516 Senate;
3517 [
3518 advice and consent of the Senate;
3519 [
3520 Representatives or has experience or expertise with the legislative process, appointed by the
3521 speaker of the House of Representatives; and
3522 [
3523 experience or expertise with the legislative process, appointed by the president of the Senate.
3524 (3) (a) A member appointed under Subsections [
3525 shall serve a four-year term.
3526 (b) A member appointed to serve a four-year term is eligible for reappointment.
3527 (4) When a vacancy occurs in the membership of the commission for any reason, the
3528 replacement shall be appointed by the applicable appointing authority for the remainder of the
3529 unexpired term of the original appointment.
3530 (5) Except as otherwise provided in Subsection [
3531 compensation for the member's service but may receive per diem and reimbursement for travel
3532 expenses incurred as a member at the rates established by:
3533 (a) Section 63A-3-106;
3534 (b) Section 63A-3-107; and
3535 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
3536 63A-3-107.
3537 (6) A member may not receive per diem or reimbursement for travel expenses under
3538 Subsection (5) if the member is being paid by a governmental entity while performing the
3539 member's service on the commission.
3540 Section 65. Section 63M-7-904 is amended to read:
3541 63M-7-904. Duties of the commission -- Report.
3542 (1) The commission shall:
3543 (a) adopt a description of the office and prescribe the general operation of the
3544 commission;
3545 (b) prescribe policy for the office;
3546 (c) prescribe forms for applications for reparations;
3547 (d) review all reparations awards made by the reparations staff, although the
3548 commission may not reverse or modify reparations awards authorized by the reparations staff;
3549 (e) cooperate with the director of the Office of Victims of Crime and the director's staff
3550 in formulating standards for the uniform application of Section 63M-7-509, taking into
3551 consideration the rates and amounts of reparations payable for injuries and death under other
3552 laws of this state and the United States;
3553 (f) allocate money available in the fund to victims of criminally injurious conduct for
3554 reparations claims;
3555 (g) allocate money available to other victim services as provided by administrative rule
3556 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, once a
3557 sufficient reserve has been established for reparations claims;
3558 (h) approve the allocation and disbursement of funds made available to the office by
3559 the United States, the state, foundations, corporations, or other entities or individuals to
3560 subgrantees from private, nonprofit, and governmental entities operating qualified statewide
3561 assistance programs;
3562 (i) advocate for the adoption, repeal, or modification of laws or proposed legislation in
3563 the interest of victims of crime;
3564 (j) select and appoint individuals in accordance with Section 77-37-5 to act as
3565 chairpersons of the judicial district victims' rights committees and provide assistance to the
3566 committees in their operations;
3567 (k) make recommendations to the Legislature, the governor, and the Judicial Council
3568 on the following:
3569 (i) enforcing existing rights of victims of crime;
3570 (ii) enhancing rights of victims of crime;
3571 (iii) the role of victims of crime in the criminal justice system;
3572 (iv) victim restitution;
3573 (v) educating and training criminal justice professionals on the rights of victims of
3574 crime; and
3575 (vi) enhancing services to victims of crimes;
3576 (l) provide training on the rights of victims of crime; and
3577 (m) establish a subcommittee to consider complaints not resolved by the Victims'
3578 Rights Committee established in Section 77-37-5;
3579 (2) The commission shall, in partnership with state agencies and organizations,
3580 including the Children's Justice Center Program, the Utah Office for Victims of Crime, [
3581
3582 (a) review and assess the duties and practices of the State Commission on Criminal and
3583 Juvenile Justice regarding services and criminal justice policies pertaining to victims;
3584 (b) encourage and facilitate the development and coordination of trauma-informed
3585 services for crime victims throughout the state;
3586 (c) encourage and foster public and private partnerships for the purpose of:
3587 (i) assessing needs for crime victim services throughout the state;
3588 (ii) developing crime victim services and resources throughout the state; and
3589 (iii) coordinating crime victim services and resources throughout the state;
3590 (d) generate unity for ongoing efforts to reduce and eliminate the impact of crime on
3591 victims through a comprehensive and evidence-based prevention, treatment, and justice
3592 strategy;
3593 (e) recommend and support the creation, dissemination, and implementation of
3594 statewide policies and plans to address crimes, including domestic violence, sexual violence,
3595 child abuse, and driving under the influence of drugs and alcohol;
3596 [
3597
3598 [
3599 prevention efforts, including the sources, disbursement, and outcomes of statewide funding for
3600 crime victim services and prevention efforts;
3601 [
3602 [
3603 (i) the duties and practices of the State Commission on Criminal and Juvenile Justice
3604 to ensure that:
3605 (A) crime victims are a vital part of the criminal justice system of the state;
3606 (B) all crime victims and witnesses are treated with dignity, respect, courtesy, and
3607 sensitivity; and
3608 (C) the rights of crime victims and witnesses are honored and protected by law in a
3609 manner no less vigorous than protections afforded to criminal defendants; and
3610 (ii) statewide funding for crime victim services and prevention efforts.
3611 [
3612 (a) subject to court rules and the governor's approval, advocate in an appellate court on
3613 behalf of a victim of crime as described in Subsection 77-38-11(2)(a)(ii);
3614 (b) recommend to the Legislature the services to be funded by the Victim Services
3615 Restricted Account[
3616 (c) establish additional subcommittees to assist in accomplishing the commission's
3617 duties.
3618 [
3619 the State Commission on Criminal and Juvenile Justice, the governor, the Judicial Council, the
3620 Executive Offices and Criminal Justice Appropriations Subcommittee, the Health and Human
3621 Services Interim Committee, the Judiciary Interim Committee, and the Law Enforcement and
3622 Criminal Justice Interim Committee.
3623 [
3624 respect that a state agency is bound to follow state law and may have duties or responsibilities
3625 imposed by state law.
3626 Section 66. Section 63N-4-502 is amended to read:
3627 63N-4-502. Definitions.
3628 As used in this part:
3629 [
3630
3631 [
3632 individuals with the infrastructure and equipment to participate in the online workforce.
3633 [
3634 education.
3635 [
3636 Center Grant Program created in Section 63N-4-503.
3637 [
3638 Program created in Section 63N-4-503.
3639 [
3640 Davis, Weber, Washington, Cache, Tooele, and Summit counties.
3641 Section 67. Section 63N-4-504 is amended to read:
3642 63N-4-504. Requirements for awarding a working hubs grant.
3643 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3644 office shall make rules establishing the eligibility and reporting criteria for an entity to receive
3645 a grant under this part, including:
3646 (a) the form and process of submitting an application to the office for a grant;
3647 (b) which entities are eligible to apply for a grant;
3648 (c) the method and formula for determining grant amounts; and
3649 (d) the reporting requirements of grant recipients.
3650 (2) In determining the award of a grant, the office may prioritize projects:
3651 (a) that will serve underprivileged or underserved communities, including communities
3652 with high unemployment or low median incomes;
3653 (b) where an applicant demonstrates comprehensive planning of the project but has
3654 limited access to financial resources, including financial resources from local or county
3655 government; and
3656 (c) that maximize economic development opportunities in collaboration with the
3657 economic development needs or plans of an educational institution, a county, and a
3658 municipality.
3659 (3) Subject to legislative appropriation, a grant may only be awarded by the executive
3660 director [
3661 (4) A grant may only be awarded under this part:
3662 (a) if the grant recipient agrees to provide any combination of funds, land, buildings, or
3663 in-kind work in an amount equal to at least 25% of the grant;
3664 (b) if the grant recipient agrees not to use grant money for the ongoing operation or
3665 maintenance of a coworking and innovation center; and
3666 (c) in an amount no more than $500,000 to a grant applicant.
3667 Section 68. Section 73-3d-201 is amended to read:
3668 73-3d-201. Declaration of a temporary water shortage emergency by the
3669 governor.
3670 (1) (a) Subject to the requirements of this section, the governor may declare a
3671 temporary water shortage emergency by issuing an executive order if, on the governor's own
3672 initiative or at the request of a person entitled to make a request, the governor determines that
3673 an existing or imminent short-term interruption of water delivery in this state caused by
3674 manmade or natural causes other than drought:
3675 (i) threatens:
3676 (A) the availability or quality of an essential water supply or water supply
3677 infrastructure; or
3678 (B) the operation of the economy; and
3679 (ii) because of the threats described in Subsection (1)(a)(i), jeopardizes the peace,
3680 health, safety, or welfare of the people of this state.
3681 (b) The governor may only issue the executive order declaring a temporary water
3682 shortage emergency described in Subsection (1)(a):
3683 (i) with the advice and recommendation of the state engineer; and
3684 (ii) in consultation with the emergency management administration [
3685 council created by Section 53-2a-105.
3686 (c) An executive order issued under this Subsection (1) shall state with specificity:
3687 (i) the nature of the interruption of water supply;
3688 (ii) subject to Subsection (2), the time period for which the temporary water shortage
3689 emergency is declared;
3690 (iii) a description of the geographic area that is subject to the executive order;
3691 (iv) a list of the specific persons entitled to make a request who may exercise the
3692 preferential use of water under Section 73-3d-301 during the effective period of the temporary
3693 water shortage emergency; and
3694 (v) the purposes outlined in Subsection 73-3d-301(1) for which a person who is
3695 described in Subsection (1)(c)(iv) may take the water subject to Section 73-3d-301.
3696 (d) Before providing a recommendation to the governor under Subsection (1)(b)(i), the
3697 state engineer shall require a person entitled to make a request who is described in Subsection
3698 (1)(c)(iv) to provide a written statement describing how the person entitled to make a request
3699 has exhausted other reasonable means to acquire water.
3700 (e) A person entitled to make a request who is described in Subsection (1)(c)(iv) may
3701 take water preferentially during a temporary water shortage emergency only for a purpose
3702 authorized by the executive order.
3703 (f) (i) Within seven calendar days of the day on which the governor issues an executive
3704 order declaring a temporary water shortage emergency, the Legislative Management
3705 Committee shall:
3706 (A) review the executive order;
3707 (B) advise the governor on the declaration of a temporary water shortage emergency;
3708 and
3709 (C) recommend to the Legislature whether the executive order should be kept as issued
3710 by the governor, extended, or terminated.
3711 (ii) The failure of the Legislative Management Committee to meet as required by
3712 Subsection (1)(f)(i) does not affect the validity of the executive order declaring a temporary
3713 water shortage emergency.
3714 (2) (a) The governor shall state in an executive order declaring a temporary water
3715 shortage emergency the time period for which the temporary water shortage emergency is
3716 declared, except that the governor may not declare a temporary water shortage emergency for
3717 longer than 30 days after the date the executive order is issued.
3718 (b) The governor may terminate an executive order declaring a temporary water
3719 shortage emergency before the expiration of the time period stated in the executive order.
3720 (c) An executive order declaring a temporary water emergency issued by the governor
3721 within 30 days of the expiration or termination of a prior executive order for the same
3722 emergency is considered an extension subject to Subsection (2)(e).
3723 (d) The Legislature may extend the time period of an executive order declaring a
3724 temporary water shortage emergency by joint resolution, except that the Legislature may not
3725 extend a temporary water shortage emergency for longer than one year from the day on which
3726 the executive order declaring a temporary water shortage emergency is issued.
3727 (e) An executive order declaring a temporary water shortage emergency may be
3728 renewed or extended only by joint resolution of the Legislature.
3729 Section 69. Section 77-37-5 is amended to read:
3730 77-37-5. Remedies -- District Victims' Rights Committee.
3731 (1) In each judicial district, the Utah [
3732 Commission, established in Section [
3733 chair a judicial district victims' rights committee consisting of:
3734 (a) a county attorney or district attorney;
3735 (b) a sheriff;
3736 (c) a corrections field services administrator;
3737 (d) an appointed victim advocate;
3738 (e) a municipal attorney;
3739 (f) a municipal chief of police; and
3740 (g) other representatives as appropriate.
3741 (2) The committee shall meet at least semiannually to review progress and problems
3742 related to this chapter, [
3743
3744 Act, and Utah Constitution Article I, Section 28. Victims and other interested parties may
3745 submit matters of concern to the victims' rights committee. The committee may hold a hearing
3746 open to the public on any appropriate matter of concern and may publish its findings. These
3747 matters shall also be considered at the meetings of the victims' rights committee. The
3748 committee shall forward minutes of all meetings to the Utah [
3749 Victim Services Commission for review and other appropriate action.
3750 (3) If a victims' rights committee is unable to resolve a complaint, it may refer the
3751 complaint to the Utah [
3752 (4) The Utah Office for Victims of Crime shall provide materials to local law
3753 enforcement to inform every victim of a sexual offense of the right to request testing of the
3754 convicted sexual offender and of the victim as provided in Section 53-10-802.
3755 (5) (a) If a person acting under color of state law willfully or wantonly fails to perform
3756 duties so that the rights in this chapter are not provided, an action for injunctive relief may be
3757 brought against the individual and the government entity that employs the individual.
3758 (b) For all other violations, if the committee finds a violation of a victim's right, it shall
3759 refer the matter to the appropriate court for further proceedings consistent with Subsection
3760 77-38-11(2).
3761 (c) The failure to provide the rights in this chapter or [
3762
3763 or any government entity, or any individual employed by the state or any government entity, for
3764 monetary damages, attorney fees, or the costs of exercising any rights under this chapter.
3765 (6) The person accused of and subject to prosecution for the crime or the act which
3766 would be a crime if committed by a competent adult, has no standing to make a claim
3767 concerning any violation of the provisions of this chapter.
3768 Section 70. Repealer.
3769 This bill repeals:
3770 Section 26B-1-419, Utah Health Care Workforce Financial Assistance Program
3771 Advisory Committee -- Membership -- Compensation -- Duties.
3772 Section 35A-13-504, Appointment of advisory council.
3773 Section 53-11-125, Exemptions from licensure.
3774 Section 63N-4-505, Rural Online Working Hubs Grant Advisory Committee --
3775 Membership -- Duties -- Expenses.
3776 Section 71. Effective date.
3777 (1) Except as provided in Subsections (2) through (4), this bill takes effect on October
3778 1, 2024.
3779 (2) The actions affecting the following sections take effect on May 1, 2024:
3780 (a) Section 26B-1-204 (Superseded 07/01/24);
3781 (b) Section 26B-1-419;
3782 (c) Section 26B-4-702;
3783 (d) Section 35A-13-504;
3784 (e) Section 53-11-125;
3785 (f) Section 63C-1-103;
3786 (g) Section 63I-1-209;
3787 (h) Section 63I-1-235;
3788 (i) Section 63I-1-236;
3789 (j) Section 63I-1-253 (Superseded 07/01/24);
3790 (k) Section 63I-1-263;
3791 (l) Section 63I-2-209;
3792 (m) Section 63I-2-226 (Superseded 07/01/24);
3793 (n) Section 63I-2-235;
3794 (o) Section 63I-2-236;
3795 (p) Section 63I-2-258;
3796 (q) Section 63I-2-263;
3797 (r) Section 63N-4-502;
3798 (s) Section 63N-4-504;
3799 (t) Section 63N-4-505; and
3800 (u) Section 73-3d-201.
3801 (3) The actions affecting the following sections take effect on July 1, 2024:
3802 (a) Section 11-48-103 (Effective 07/01/24);
3803 (b) Section 26B-1-204 (Effective 07/01/24);
3804 (c) Section 53-1-104 (Effective 07/01/24);
3805 (d) Section 53-2d-101 (Effective 07/01/24);
3806 (e) Section 53-2d-104 (Effective 07/01/24);
3807 (f) Section 53-2d-105 (Effective 07/01/24);
3808 (g) Section 53-2d-305 (Effective 07/01/24);
3809 (h) Section 53-2d-903 (Effective 07/01/24);
3810 (i) Section 63I-1-226 (Effective 07/01/24);
3811 (j) Section 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25);
3812 (k) Section 63I-2-226 (Effective 07/01/24);
3813 (l) Section 63I-2-253 (Effective 07/01/24); and
3814 (m) Section 63M-7-209 (Effective 07/01/24).
3815 (4) The actions affecting Section 63I-1-253 (Contingently Effective 01/01/25)
3816 contingently take effect on January 1, 2025.