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7 LONG TITLE
8 General Description:
9 This bill modifies or repeals various boards and commissions.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals the Utah Museums Advisory Board on October 1, 2024;
13 ▸ 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-7-204, as last amended by Laws of Utah 2023, Chapters 158, 330, 382, and 500
140 63M-7-502, as last amended by Laws of Utah 2022, Chapters 148, 185 and 430
141 63M-7-506, as last amended by Laws of Utah 2020, Chapter 149
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 80-2-402, as renumbered and amended by Laws of Utah 2022, Chapter 334
158 ENACTS:
159 63C-1-103, Utah Code Annotated 1953
160 REPEALS AND REENACTS:
161 26B-1-403, as renumbered and amended by Laws of Utah 2023, Chapter 305
162 REPEALS:
163 26B-1-419, as renumbered and amended by Laws of Utah 2023, Chapter 305
164 35A-13-504, as renumbered and amended by Laws of Utah 2016, Chapter 271
165 53-11-125, as enacted by Laws of Utah 2018, Chapter 462
166 63M-7-209 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapter
167 330
168 63M-7-209 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 310,
169 330
170 63N-4-505, as enacted by Laws of Utah 2019, Chapter 467
171
172 Be it enacted by the Legislature of the state of Utah:
173 Section 1. Section 9-6-102 is amended to read:
174 9-6-102. Definitions.
175 As used in this chapter:
176 (1) "Arts" means the various branches of creative human activity, including visual arts,
177 film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts,
178 and cultural vitality.
179 (2) "Arts and museums board" means the Utah Arts and Museums Advisory Board
180 created in Section 9-6-301.
181 (3) "Development" includes:
182 (a) constructing, expanding, or repairing a museum or other facility that houses arts or
183 cultural presentations;
184 (b) providing for public information, preservation, and access to museums, the arts,
185 and the cultural heritage of the state; and
186 (c) supporting the professional development of artists, cultural administrators, and
187 cultural leaders within the state.
188 (4) "Director" means the director of the Division of Arts and Museums.
189 (5) "Division" means the Division of Arts and Museums.
190 (6) "Museum" means an organized and permanent institution that:
191 (a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit
192 organization;
193 (b) has an educational or aesthetic purpose;
194 (c) owns or curates a tangible collection; and
195 (d) exhibits the collection to the public on a regular schedule.
196 [
197
198 Section 2. Section 9-6-202 is amended to read:
199 9-6-202. Division director.
200 (1) The chief administrative officer of the division shall be a director appointed by the
201 executive director in consultation with the arts and museums board [
202 (2) The director shall be a person experienced in administration and knowledgeable
203 about the arts and museums.
204 (3) In addition to the division, the director is the chief administrative officer for[
205 [
206 [
207 Section 3. Section 9-6-301 is amended to read:
208 9-6-301. Utah Arts and Museums Advisory Board.
209 (1) There is created within the division the Utah Arts and Museums Advisory Board.
210 (2) (a) Except as provided in [
211 museums board shall consist of [
212 terms [
213 (b) The governor shall, at the time of appointment or reappointment, adjust the length
214 of terms to ensure that the terms of arts and museums board members are staggered so that
215 approximately half of the arts and museums board is appointed every two years.
216 [
217 (a) [
218 the following areas:
219 (i) visual arts, media arts, architecture, or design;
220 [
221 [
222 [
223 [
224 [
225 [
226 [
227 [
228 professionals who each have a minimum of five years of continuous paid work experience at a
229 museum;
230 (c) [
231 knowledgeable in or appreciative of the arts[
232 [
233 expertise in technology, marketing, business, or finance.
234 [
235
236 [
237 [
238
239 [
240 state at large with due consideration for geographical representation.
241 [
242 appoint a replacement member for the unexpired term within one month from the time of the
243 vacancy.
244 [
245 constitutes a quorum for the transaction of business.
246 [
247 from among the arts and museums board's members.
248 (b) The chair and the vice chair shall serve a term of two years.
249 [
250 [
251 benefits for the member's service, but may receive per diem and travel expenses in accordance
252 with:
253 (a) Sections 63A-3-106 and 63A-3-107; and
254 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
255 63A-3-107.
256 [
257 gifts, prizes, or awards of money from division funds during the member's term of office.
258 (11) The division shall provide staff to the arts and museums board.
259 Section 4. Section 9-6-302 is amended to read:
260 9-6-302. Arts and museums board powers and duties.
261 (1) The arts and museums board may:
262 (a) with the concurrence of the director, make rules governing the conduct of the arts
263 and museums board's business in accordance with Title 63G, Chapter 3, Utah Administrative
264 Rulemaking Act; and
265 (b) receive gifts, bequests, and property.
266 (2) The arts and museums board shall:
267 (a) act in an advisory capacity for the division;
268 (b) [
269 accordance with Subsection (3), advise the division [
270 art acquired and maintained under this part; and
271 (c) with the concurrence of the director, approve the allocation of arts grant money and
272 State of Utah Alice Merrill Horne Art Collection acquisition funding.
273 (3) When advising the division as described in Subsection (2)(b), the arts and museums
274 board shall, with the concurrence of the director, appoint and consult with any combination of
275 artists, art historians, museum professionals, gallery owners, knowledgeable art collectors, art
276 appraisers, or judges of art.
277 Section 5. Section 9-6-304 is amended to read:
278 9-6-304. State of Utah Alice Merrill Horne Art Collection.
279 (1) There is created the State of Utah Alice Merrill Horne Art Collection.
280 (2) The State of Utah Alice Merrill Horne Art Collection:
281 (a) consists of all works of art acquired under this part; and
282 (b) shall be held as the property of the state and under the control of the division.
283 (3) Works of art in the State of Utah Alice Merrill Horne Art Collection may be loaned
284 for exhibition purposes in accordance with recommendations from the arts and museums board
285 and rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative
286 Rulemaking Act.
287 (4) The division shall:
288 (a) take reasonable precautions to avoid damage or destruction to works of art in the
289 State of Utah Alice Merrill Horne Art Collection;
290 (b) procure insurance coverage for the works of art in the State of Utah Alice Merrill
291 Horne Art Collection; and
292 (c) ensure that all works of art shipped to and from any exhibition under this section
293 are packed by an expert packer.
294 (5) (a) The division may only deaccession works of art in the State of Utah Alice
295 Merrill Horne Art Collection in accordance with rules made by the division in accordance with
296 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
297 (b) A work of art in the State of Utah Alice Merrill Horne Art Collection that is to be
298 deaccessioned in accordance with division rule is not state surplus property as that term is
299 defined in Section 63A-2-101.5, and the division is not subject to the surplus property program
300 described in Section 63A-2-401 for that work of art.
301 Section 6. Section 9-6-504 is amended to read:
302 9-6-504. Duties of the division.
303 The division, in accordance with the provisions of this part, shall:
304 (1) allocate money from the state fund to the endowment fund created by a qualifying
305 organization under Section 9-6-503;
306 (2) determine the eligibility of each qualifying organization to receive money from the
307 state fund;
308 (3) determine the matching amount each qualifying organization shall raise in order to
309 qualify to receive money from the state fund;
310 (4) establish a date by which each qualifying organization shall provide its matching
311 funds;
312 (5) verify that matching funds have been provided by each qualifying organization by
313 the date determined in Subsection (4); and
314 (6) (a) in accordance with the provisions of this part and Title 63G, Chapter 3, Utah
315 Administrative Rulemaking Act, the division may establish criteria by rule for determining the
316 eligibility of qualifying organizations to receive money from the state fund; and
317 (b) in making rules under this Subsection (6), the division may consider the
318 recommendations of the arts and museums board [
319 Section 7. Section 9-6-505 is amended to read:
320 9-6-505. Eligibility requirements of qualifying arts organizations -- Allocation
321 limitations -- Matching requirements.
322 (1) Any qualifying organization may apply to receive money from the state fund to be
323 deposited in an endowment fund the organization has created under Section 9-6-503:
324 (a) if the qualifying organization has received a grant from the division during one of
325 the three years immediately before making application for state fund money under this
326 Subsection (1); or
327 (b) upon recommendation of the arts and museums board [
328 the qualifying organization has not received a grant from the board within the past three years.
329 (2) (a) The maximum amount that may be allocated to each qualifying organization
330 from the state fund shall be determined by the division by calculating the average cash income
331 of the qualifying organization during the past three fiscal years as contained in the qualifying
332 organization's final reports on file with the division.
333 (b) The division shall notify each qualifying organization of the maximum amount of
334 money from the state fund for which the qualifying organization qualifies.
335 (c) The minimum amount that may be allocated to each qualifying organization from
336 the state fund is $2,500.
337 (d) If the maximum amount for which the organization qualifies under the calculation
338 described in Subsection (2)(a) is less than $2,500, the organization may still apply for $2,500.
339 (3) (a) After the division determines that a qualifying organization is eligible to receive
340 money from the state fund and before any money is allocated to the qualifying organization
341 from the state fund, the qualifying organization shall match the amount qualified for with
342 money raised and designated exclusively for that purpose.
343 (b) State money, in-kind contributions, and preexisting endowment gifts may not be
344 used to match money from the state fund.
345 (4) The amount of match money described in Subsection (3) that a qualifying
346 organization is required to provide shall be based on a sliding scale as follows:
347 (a) any amount requested not exceeding $100,000 shall be matched one-to-one;
348 (b) any additional amount requested that makes the aggregate amount requested exceed
349 $100,000 but not exceed $500,000 shall be matched two-to-one; and
350 (c) any additional amount requested that makes the aggregate amount requested exceed
351 $500,000 shall be matched three-to-one.
352 (5) (a) Qualifying organizations shall raise the matching amount within three years
353 after applying for money from the state fund by a date determined by the division.
354 (b) Money from the state fund shall be released to the qualifying organization only
355 upon verification by the board that the matching money has been received on or before the date
356 determined under Subsection (5)(a).
357 (c) Verification of matching funds shall be made by a certified public accountant.
358 (d) Money from the state fund shall be released to qualifying organizations with
359 professional endowment management in increments not less than $20,000 as audited
360 confirmation of matching funds is received by the division.
361 (e) Money from the state fund shall be granted to each qualifying organization on the
362 basis of the matching funds a qualifying organization has raised by the date determined under
363 Subsection (5)(a).
364 Section 8. Section 11-48-103 (Effective 07/01/24) is amended to read:
365 11-48-103 (Effective 07/01/24). Provision of 911 ambulance services in
366 municipalities and counties.
367 (1) The governing body of each municipality and county shall, subject to Title 53,
368 Chapter 2d, Part 5, Ambulance and Paramedic Providers, ensure at least a minimum level of
369 911 ambulance services are provided:
370 (a) within the territorial limits of the municipality or county;
371 (b) by a ground ambulance provider, licensed by the Bureau of Emergency Medical
372 Services under Title 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers; and
373 (c) in accordance with rules established by the [
374 Medical Services Committee under [
375 (2) A municipality or county may:
376 (a) subject to Subsection (3), maintain and support 911 ambulance services for the
377 municipality's or county's own jurisdiction; or
378 (b) contract to:
379 (i) provide 911 ambulance services to any county, municipal corporation, special
380 district, special service district, interlocal entity, private corporation, nonprofit corporation,
381 state agency, or federal agency;
382 (ii) receive 911 ambulance services from any county, municipal corporation, special
383 district, special service district, interlocal entity, private corporation, nonprofit corporation,
384 state agency, or federal agency;
385 (iii) jointly provide 911 ambulance services with any county, municipal corporation,
386 special district, special service district, interlocal entity, private corporation, nonprofit
387 corporation, state agency, or federal agency; or
388 (iv) contribute toward the support of 911 ambulance services in any county, municipal
389 corporation, special district, special service district, interlocal entity, private corporation,
390 nonprofit corporation, state agency, or federal agency in return for 911 ambulance services.
391 (3) (a) A municipality or county that maintains and supports 911 ambulance services
392 for the municipality's or county's own jurisdiction under Subsection (2)(a) shall obtain a license
393 as a ground ambulance provider from the Bureau of Emergency Medical Services under Title
394 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers.
395 (b) Sections 53-2d-505 through 53-2d-505.3 do not apply to a license described in
396 Subsection (3)(a).
397 Section 9. Section 26B-1-202 is amended to read:
398 26B-1-202. Department authority and duties.
399 The department may, subject to applicable restrictions in state law and in addition to all
400 other authority and responsibility granted to the department by law:
401 (1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
402 Rulemaking Act, and not inconsistent with law, as the department may consider necessary or
403 desirable for providing health and social services to the people of this state;
404 (2) establish and manage client trust accounts in the department's institutions and
405 community programs, at the request of the client or the client's legal guardian or representative,
406 or in accordance with federal law;
407 (3) purchase, as authorized or required by law, services that the department is
408 responsible to provide for legally eligible persons;
409 (4) conduct adjudicative proceedings for clients and providers in accordance with the
410 procedures of Title 63G, Chapter 4, Administrative Procedures Act;
411 (5) establish eligibility standards for the department's programs, not inconsistent with
412 state or federal law or regulations;
413 (6) take necessary steps, including legal action, to recover money or the monetary value
414 of services provided to a recipient who was not eligible;
415 (7) set and collect fees for the department's services;
416 (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
417 or limited by law;
418 (9) acquire, manage, and dispose of any real or personal property needed or owned by
419 the department, not inconsistent with state law;
420 (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
421 the proceeds thereof, may be credited to the program designated by the donor, and may be used
422 for the purposes requested by the donor, as long as the request conforms to state and federal
423 policy; all donated funds shall be considered private, nonlapsing funds and may be invested
424 under guidelines established by the state treasurer;
425 (11) accept and employ volunteer labor or services; the department is authorized to
426 reimburse volunteers for necessary expenses, when the department considers that
427 reimbursement to be appropriate;
428 (12) carry out the responsibility assigned in the workforce services plan by the State
429 Workforce Development Board;
430 (13) carry out the responsibility assigned by Section 62A-5a-105 with respect to
431 coordination of services for students with a disability;
432 (14) provide training and educational opportunities for the department's staff;
433 (15) collect child support payments and any other money due to the department;
434 (16) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
435 whose child lives out of the home in a department licensed or certified setting;
436 (17) establish policy and procedures, within appropriations authorized by the
437 Legislature, in cases where the Division of Child and Family Services or the Division of
438 Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah
439 Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not
440 competent to proceed under Section 80-6-403, including:
441 (a) designation of interagency teams for each juvenile court district in the state;
442 (b) delineation of assessment criteria and procedures;
443 (c) minimum requirements, and timeframes, for the development and implementation
444 of a collaborative service plan for each minor placed in department custody; and
445 (d) provisions for submittal of the plan and periodic progress reports to the court;
446 (18) carry out the responsibilities assigned to the department by statute;
447 (19) examine and audit the expenditures of any public funds provided to a local
448 substance abuse authority, a local mental health authority, a local area agency on aging, and any
449 person, agency, or organization that contracts with or receives funds from those authorities or
450 agencies. Those local authorities, area agencies, and any person or entity that contracts with or
451 receives funds from those authorities or area agencies, shall provide the department with any
452 information the department considers necessary. The department is further authorized to issue
453 directives resulting from any examination or audit to a local authority, an area agency, and
454 persons or entities that contract with or receive funds from those authorities with regard to any
455 public funds. If the department determines that it is necessary to withhold funds from a local
456 mental health authority or local substance abuse authority based on failure to comply with state
457 or federal law, policy, or contract provisions, the department may take steps necessary to
458 ensure continuity of services. For purposes of this Subsection (19) "public funds" means the
459 same as that term is defined in Section 62A-15-102;
460 (20) in accordance with Subsection 26B-2-104(1)(d), accredit one or more agencies
461 and persons to provide intercountry adoption services;
462 (21) within legislative appropriations, promote and develop a system of care and
463 stabilization services:
464 (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
465 (b) that encompasses the department, department contractors, and the divisions,
466 offices, or institutions within the department, to:
467 (i) navigate services, funding resources, and relationships to the benefit of the children
468 and families whom the department serves;
469 (ii) centralize department operations, including procurement and contracting;
470 (iii) develop policies that govern business operations and that facilitate a system of care
471 approach to service delivery;
472 (iv) allocate resources that may be used for the children and families served by the
473 department or the divisions, offices, or institutions within the department, subject to the
474 restrictions in Section 63J-1-206;
475 (v) create performance-based measures for the provision of services; and
476 (vi) centralize other business operations, including data matching and sharing among
477 the department's divisions, offices, and institutions;
478 (22) ensure that any training or certification required of a public official or public
479 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
480 22, State Training and Certification Requirements, if the training or certification is required:
481 (a) under this title;
482 (b) by the department; or
483 (c) by an agency or division within the department;
484 (23) enter into cooperative agreements with the Department of Environmental Quality
485 to delineate specific responsibilities to assure that assessment and management of risk to
486 human health from the environment are properly administered;
487 (24) consult with the Department of Environmental Quality and enter into cooperative
488 agreements, as needed, to ensure efficient use of resources and effective response to potential
489 health and safety threats from the environment, and to prevent gaps in protection from potential
490 risks from the environment to specific individuals or population groups;
491 (25) to the extent authorized under state law or required by federal law, promote and
492 protect the health and wellness of the people within the state;
493 (26) establish, maintain, and enforce rules authorized under state law or required by
494 federal law to promote and protect the public health or to prevent disease and illness;
495 (27) investigate the causes of epidemic, infectious, communicable, and other diseases
496 affecting the public health;
497 (28) provide for the detection and reporting of communicable, infectious, acute,
498 chronic, or any other disease or health hazard which the department considers to be dangerous,
499 important, or likely to affect the public health;
500 (29) collect and report information on causes of injury, sickness, death, and disability
501 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
502 the state;
503 (30) collect, prepare, publish, and disseminate information to inform the public
504 concerning the health and wellness of the population, specific hazards, and risks that may affect
505 the health and wellness of the population and specific activities which may promote and protect
506 the health and wellness of the population;
507 (31) abate nuisances when necessary to eliminate sources of filth and infectious and
508 communicable diseases affecting the public health;
509 (32) make necessary sanitary and health investigations and inspections in cooperation
510 with local health departments as to any matters affecting the public health;
511 (33) establish laboratory services necessary to support public health programs and
512 medical services in the state;
513 (34) establish and enforce standards for laboratory services which are provided by any
514 laboratory in the state when the purpose of the services is to protect the public health;
515 (35) cooperate with the Labor Commission to conduct studies of occupational health
516 hazards and occupational diseases arising in and out of employment in industry, and make
517 recommendations for elimination or reduction of the hazards;
518 (36) cooperate with the local health departments, the Department of Corrections, the
519 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the [
520
521 for HIV infection of alleged sexual offenders, convicted sexual offenders, and any victims of a
522 sexual offense;
523 (37) investigate the causes of maternal and infant mortality;
524 (38) establish, maintain, and enforce a procedure requiring the blood of adult
525 pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
526 presence and concentration of alcohol, and provide the Commissioner of Public Safety with
527 monthly statistics reflecting the results of these examinations, with necessary safeguards so that
528 information derived from the examinations is not used for a purpose other than the compilation
529 of these statistics;
530 (39) establish qualifications for individuals permitted to draw blood under Subsection
531 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
532 issue permits to individuals the department finds qualified, which permits may be terminated or
533 revoked by the department;
534 (40) establish a uniform public health program throughout the state which includes
535 continuous service, employment of qualified employees, and a basic program of disease
536 control, vital and health statistics, sanitation, public health nursing, and other preventive health
537 programs necessary or desirable for the protection of public health;
538 (41) conduct health planning for the state;
539 (42) monitor the costs of health care in the state and foster price competition in the
540 health care delivery system;
541 (43) establish methods or measures for health care providers, public health entities, and
542 health care insurers to coordinate among themselves to verify the identity of the individuals the
543 providers serve;
544 (44) designate Alzheimer's disease and related dementia as a public health issue and,
545 within budgetary limitations, implement a state plan for Alzheimer's disease and related
546 dementia by incorporating the plan into the department's strategic planning and budgetary
547 process;
548 (45) coordinate with other state agencies and other organizations to implement the state
549 plan for Alzheimer's disease and related dementia;
550 (46) ensure that any training or certification required of a public official or public
551 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
552 22, State Training and Certification Requirements, if the training or certification is required by
553 the agency or under this title[
554
555 (47) oversee public education vision screening as described in Section 53G-9-404; and
556 (48) issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue
557 Alert.
558 Section 10. Section 26B-1-204 (Superseded 07/01/24) is amended to read:
559 26B-1-204 (Superseded 07/01/24). Creation of boards, divisions, and offices --
560 Power to organize department.
561 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
562 Utah Administrative Rulemaking Act, and not inconsistent with law for:
563 (a) the administration and government of the department;
564 (b) the conduct of the department's employees; and
565 (c) the custody, use, and preservation of the records, papers, books, documents, and
566 property of the department.
567 (2) The following policymaking boards, councils, and committees are created within
568 the Department of Health and Human Services:
569 (a) Board of Aging and Adult Services;
570 (b) Utah State Developmental Center Board;
571 (c) Health Facility Committee;
572 (d) State Emergency Medical Services Committee;
573 (e) Air Ambulance Committee;
574 (f) Health Data Committee;
575 [
576 [
577 [
578 [
579 [
580 and
581 [
582 (3) The following divisions are created within the Department of Health and Human
583 Services:
584 (a) relating to operations:
585 (i) the Division of Finance and Administration;
586 (ii) the Division of Licensing and Background Checks;
587 (iii) the Division of Customer Experience;
588 (iv) the Division of Data, Systems, and Evaluation; and
589 (v) the Division of Continuous Quality Improvement;
590 (b) relating to healthcare administration:
591 (i) the Division of Integrated Healthcare, which shall include responsibility for:
592 (A) the state's medical assistance programs; and
593 (B) behavioral health programs described in Chapter 5, Health Care - Substance Use
594 and Mental Health;
595 (ii) the Division of Aging and Adult Services; and
596 (iii) the Division of Services for People with Disabilities; and
597 (c) relating to community health and well-being:
598 (i) the Division of Child and Family Services;
599 (ii) the Division of Family Health;
600 (iii) the Division of Population Health;
601 (iv) the Division of Juvenile Justice and Youth Services; and
602 (v) the Office of Recovery Services.
603 (4) The executive director may establish offices and bureaus to facilitate management
604 of the department as required by, and in accordance with this title.
605 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
606 organizational structure relating to the department, including the organization of the
607 department's divisions and offices, notwithstanding the organizational structure described in
608 this title.
609 Section 11. Section 26B-1-204 (Effective 07/01/24) is amended to read:
610 26B-1-204 (Effective 07/01/24). Creation of boards, divisions, and offices -- Power
611 to organize department.
612 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
613 Utah Administrative Rulemaking Act, and not inconsistent with law for:
614 (a) the administration and government of the department;
615 (b) the conduct of the department's employees; and
616 (c) the custody, use, and preservation of the records, papers, books, documents, and
617 property of the department.
618 (2) The following policymaking boards, councils, and committees are created within
619 the Department of Health and Human Services:
620 (a) Board of Aging and Adult Services;
621 (b) Utah State Developmental Center Board;
622 (c) Health Facility Committee;
623 (d) Health Data Committee;
624 [
625 [
626 [
627 [
628 [
629 and
630 [
631 (3) The following divisions are created within the Department of Health and Human
632 Services:
633 (a) relating to operations:
634 (i) the Division of Finance and Administration;
635 (ii) the Division of Licensing and Background Checks;
636 (iii) the Division of Customer Experience;
637 (iv) the Division of Data, Systems, and Evaluation; and
638 (v) the Division of Continuous Quality Improvement;
639 (b) relating to healthcare administration:
640 (i) the Division of Integrated Healthcare, which shall include responsibility for:
641 (A) the state's medical assistance programs; and
642 (B) behavioral health programs described in Chapter 5, Health Care - Substance Use
643 and Mental Health;
644 (ii) the Division of Aging and Adult Services; and
645 (iii) the Division of Services for People with Disabilities; and
646 (c) relating to community health and well-being:
647 (i) the Division of Child and Family Services;
648 (ii) the Division of Family Health;
649 (iii) the Division of Population Health;
650 (iv) the Division of Juvenile Justice and Youth Services; and
651 (v) the Office of Recovery Services.
652 (4) The executive director may establish offices and bureaus to facilitate management
653 of the department as required by, and in accordance with this title.
654 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
655 organizational structure relating to the department, including the organization of the
656 department's divisions and offices, notwithstanding the organizational structure described in
657 this title.
658 Section 12. Section 26B-1-403 is repealed and reenacted to read:
659 26B-1-403. Controlled Substances Scheduling and Opioid Fatality Advisory
660 Committee -- Membership -- Duties -- Guidelines for scheduling or listing drugs.
661 (1) As used in this section:
662 (a) "Committee" means the Controlled Substances Scheduling and Opioid Fatality
663 Advisory Committee established under this section.
664 (b) "Controlled substance schedule" or "schedule" means a schedule described in
665 Subsection (15), (16), (17), (18), or (19).
666 (c) "Opioid overdose death" means a death primarily caused by opioids or another
667 substance that closely resembles an opioid.
668 (2) The department shall establish the Controlled Substances Scheduling and Opioid
669 Fatality Advisory Committee.
670 (3) The committee shall consist of:
671 (a) the executive director or the executive director's designee;
672 (b) the director of the Division of Professional Licensing, or the director's designee, as
673 described in Section 58-1-104;
674 (c) the commissioner of the Department of Public Safety, or the commissioner's
675 designee, as described in Section 53-1-107;
676 (d) the executive director of the State Commission on Criminal and Juvenile Justice, or
677 the executive director's designee, as described in Section 63M-7-203;
678 (e) the chief medical examiner, or the examiner's designee, as described in Section
679 26B-8-202;
680 (f) the bureau chief of the Bureau of Forensic Services, or the chief's designee, as
681 described in Section 53-10-401;
682 (g) director of the Office of Substance Use and Mental Health, or the director's
683 designee, as described in Section 26B-5-102;
684 (h) the director of the Utah Poison Control Center or the director's designee;
685 (i) a representative from:
686 (i) a state or local jail or detention center; or
687 (ii) state, county, or municipal law enforcement;
688 (j) one physician who is a member of the Medical Licensing Board created in Section
689 58-67-201;
690 (k) one pharmacist who is a member of the Utah State Board of Pharmacy created in
691 Section 58-17b-201;
692 (l) one psychiatrist who is currently licensed and practicing in the state;
693 (m) one advanced practice registered nurse or physician assistant who is currently
694 licensed and practicing in the state;
695 (n) one emergency medical services provider or an emergency medicine physician who
696 is currently licensed and practicing in the state; and
697 (o) one expert in substance abuse addiction.
698 (4) The executive director described in Subsection (3)(a) and the director described in
699 Subsection (3)(b), or their respective designees, are cochairs of the committee.
700 (5) (a) Each member described in Subsections (3)(i) through (o) is appointed by the
701 governor for a term of four years.
702 (b) Notwithstanding Subsection (5)(a), the governor shall, at the time of appointment
703 or reappointment, adjust the length of terms to ensure that the terms of committee members are
704 staggered so that approximately half of the members described in Subsections (3)(i) through (o)
705 are appointed every two years.
706 (6) A vacancy in a membership described in Subsections (3)(i) through (o) other than
707 the expiration of a term shall be filled for the unexpired term in the same manner as the original
708 appointment.
709 (7) (a) A majority of the members of the committee constitute a quorum of the
710 committee.
711 (b) The action of a majority of a quorum constitutes the action of the committee.
712 (c) The committee may meet up to eight times each year.
713 (8) The executive director shall appoint a committee coordinator.
714 (9) A member of the committee may not receive compensation or benefits for the
715 member's service, but may receive per diem and travel expenses in accordance with:
716 (a) Section 63A-3-106;
717 (b) Section 63A-3-107; and
718 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
719 63A-3-107.
720 (10) (a) The department shall give the committee access to all reports, records, and
721 other documents that are relevant to the committee's responsibilities under this section,
722 including reports, records, or documents that are private, controlled, or protected under Title
723 63G, Chapter 2, Government Records Access and Management Act.
724 (b) In accordance with Subsection 63G-2-206(6), the committee is subject to the same
725 restrictions on disclosure of a report, record, or other document received under Subsection
726 (10)(a) as the department.
727 (11) The committee serves as a consultative and advisory body to the Legislature
728 regarding:
729 (a) the movement of a controlled substance from one schedule or list to another;
730 (b) the removal of a controlled substance from any schedule or list; and
731 (c) the designation of a substance as a controlled substance and the placement of the
732 substance in a designated schedule or list.
733 (12) On or before September 30 of each year, the committee shall submit to the Health
734 and Human Services Interim Committee a written report:
735 (a) describing any substances recommended by the committee for scheduling,
736 rescheduling, listing, or deletion from the schedules or list by the Legislature; and
737 (b) stating the reasons for the recommendation.
738 (13) In advising the Legislature regarding the need to add, delete, relist, or reschedule a
739 substance, the committee shall consider:
740 (a) the actual or probable abuse of the substance, including:
741 (i) the history and current pattern of abuse both in Utah and in other states;
742 (ii) the scope, duration, and significance of abuse;
743 (iii) the degree of actual or probable detriment to public health which may result from
744 abuse of the substance; and
745 (iv) the probable physical and social impact of widespread abuse of the substance;
746 (b) the biomedical hazard of the substance, including:
747 (i) its pharmacology, including the effects and modifiers of the effects of the substance;
748 (ii) its toxicology, acute and chronic toxicity, interaction with other substances,
749 whether controlled or not, and the degree to which it may cause psychological or physiological
750 dependence; and
751 (iii) the risk to public health and the particular susceptibility of segments of the
752 population;
753 (c) whether the substance is an immediate precursor, as defined in Section 58-37-2, of
754 a substance that is currently a controlled substance;
755 (d) the current state of scientific knowledge regarding the substance, including whether
756 there is any acceptable means to safely use the substance under medical supervision;
757 (e) the relationship between the use of the substance and criminal activity, including
758 whether:
759 (i) persons engaged in illicit trafficking of the substance are also engaged in other
760 criminal activity;
761 (ii) the nature and relative profitability of manufacturing or delivering the substance
762 encourages illicit trafficking in the substance;
763 (iii) the commission of other crimes is one of the recognized effects of abuse of the
764 substance; and
765 (iv) addiction to the substance relates to the commission of crimes to facilitate the
766 continued use of the substance;
767 (f) whether the substance has been scheduled by other states; and
768 (g) whether the substance has any accepted medical use in treatment in the United
769 States.
770 (14) The committee's duties under this section do not include tobacco products as
771 defined in Section 59-14-102 or alcoholic beverages as defined in Section 32B-1-102.
772 (15) (a) The committee shall recommend placement of a substance in Schedule I if the
773 committee finds:
774 (i) that the substance has high potential for abuse; and
775 (ii) that an accepted standard has not been established for safe use in treatment for
776 medical purposes.
777 (b) The committee may recommend placement of a substance in Schedule I under
778 Section 58-37-4 if it finds that the substance is classified as a controlled substance in Schedule
779 I under federal law.
780 (16) (a) The committee shall recommend placement of a substance in Schedule II if the
781 committee finds that:
782 (i) the substance has high potential for abuse;
783 (ii) the substance has a currently accepted medical use in treatment in the United
784 States, or a currently accepted medical use subject to severe restrictions; and
785 (iii) the abuse of the substance may lead to severe psychological or physiological
786 dependence.
787 (b) The committee may recommend placement of a substance in Schedule II if the
788 committee finds that the substance is classified as a controlled substance in Schedule II under
789 federal law.
790 (17) (a) The committee shall recommend placement of a substance in Schedule III if
791 the committee finds that:
792 (i) the substance has a potential for abuse that is less than the potential for substances
793 listed in Schedules I and II;
794 (ii) the substance has a currently accepted medical use in treatment in the United
795 States; and
796 (iii) abuse of the substance may lead to moderate or low physiological dependence or
797 high psychological dependence.
798 (b) The committee may recommend placement of a substance in Schedule III if it finds
799 that the substance is classified as a controlled substance in Schedule III under federal law.
800 (18) (a) The committee shall recommend placement of a substance in Schedule IV if it
801 finds that:
802 (i) the substance has a low potential for abuse relative to substances in Schedule III;
803 (ii) the substance has currently accepted medical use in treatment in the United States;
804 and
805 (iii) abuse of the substance may lead to limited physiological dependence or
806 psychological dependence relative to the substances in Schedule III.
807 (b) The committee may recommend placement of a substance in Schedule IV if it finds
808 that the substance is classified as a controlled substance in Schedule IV under federal law.
809 (19) (a) The committee shall recommend placement of a substance in Schedule V if it
810 finds that:
811 (i) the substance has low potential for abuse relative to the controlled substances listed
812 in Schedule IV;
813 (ii) the substance has currently accepted medical use in treatment in the United States;
814 and
815 (iii) the substance has limited physiological dependence or psychological dependence
816 liability relative to the controlled substances listed in Schedule IV.
817 (b) The committee may recommend placement of a substance in Schedule V under this
818 section if it finds that the substance is classified as a controlled substance in Schedule V under
819 federal law.
820 (20) The committee may recommend placement of a substance on a controlled
821 substance list if it finds that the substance has a potential for abuse and that an accepted
822 standard has not been established for safe use in treatment for medical purposes.
823 (21) The committee shall:
824 (a) conduct a multidisciplinary review of available information regarding a decedent of
825 an opioid overdose death, which shall include:
826 (i) consideration of the decedent's points of contact with health care systems, social
827 services systems, criminal justice systems, and other systems; and
828 (ii) identification of specific factors that put the decedent at risk for opioid overdose;
829 (b) promote cooperation and coordination among government entities involved in
830 opioid misuse, abuse, or overdose prevention;
831 (c) develop an understanding of the causes and incidence of opioid overdose deaths in
832 the state;
833 (d) make recommendations for changes to law or policy that may prevent opioid
834 overdose deaths;
835 (e) inform public health and public safety entities of emerging trends in opioid
836 overdose deaths;
837 (f) monitor overdose trends on non-opioid overdose deaths; and
838 (g) review non-opioid overdose deaths in the manner described in Subsection (21)(a),
839 when the committee determines that there are a substantial number of overdose deaths in the
840 state caused by the use of a non-opioid.
841 (22) The committee may interview or request information from a staff member, a
842 provider, or any other person who may have knowledge or expertise that is relevant to the
843 review of an opioid overdose death.
844 (23) When an individual case is discussed in a committee meeting under Subsection
845 (21)(a), (21)(g), or (22), the committee shall close the meeting in accordance with Sections
846 52-4-204 through 52-4-206.
847 Section 13. Section 26B-1-420 is amended to read:
848 26B-1-420. Cannabis Research Review Board.
849 (1) As used in this section:
850 (a) "Cannabinoid product" means the same as that term is defined in Section 58-37-3.6.
851 (b) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
852 (2) (a) There is created the Cannabis Research Review Board within the department.
853 (b) The department shall appoint, in consultation with a professional association based
854 in the state that represents physicians, seven members to the Cannabis Research Review Board
855 as follows:
856 (i) three individuals who are medical research professionals; and
857 (ii) four physicians:
858 (A) who are qualified medical providers as defined in Section 26B-4-201; and
859 (B) at least two who have at least 100 patients with a medical cannabis patient card at
860 the time of appointment.
861 (3) The department shall ensure that at least one of the board members appointed under
862 Subsection (2)(b) is a member of the [
863 Substances Scheduling and Opioid Fatality Advisory Committee created in Section
864 [
865 (4) (a) Four of the board members appointed under Subsection (2)(b) shall serve an
866 initial term of two years and three of the board members appointed under Subsection (2)(b)
867 shall serve an initial term of four years.
868 (b) Successor board members shall each serve a term of four years.
869 (c) A board member appointed to fill a vacancy on the board shall serve the remainder
870 of the term of the board member whose departure created the vacancy.
871 (5) The department may remove a board member without cause.
872 (6) The board shall:
873 (a) nominate a board member to serve as chairperson of the board by a majority vote of
874 the board members; and
875 (b) meet as often as necessary to accomplish the duties assigned to the board under this
876 chapter.
877 (7) Each board member, including the chair, has one vote.
878 (8) (a) A majority of board members constitutes a quorum.
879 (b) A vote of a majority of the quorum at any board meeting is necessary to take action
880 on behalf of the board.
881 (9) A board member may not receive compensation for the member's service on the
882 board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
883 Chapter 3, Utah Administrative Rulemaking Act, receive:
884 (a) per diem at the rate established under Section 63A-3-106; and
885 (b) travel expenses at the rate established under Section 63A-3-107.
886 (10) If a board member appointed under Subsection (2)(b) does not meet the
887 qualifications of Subsection (2)(b) before July 1, 2022:
888 (a) the board member's seat is vacant; and
889 (b) the department shall fill the vacancy in accordance with this section.
890 (11) The board shall review any available scientific research related to the human use
891 of cannabis, a cannabinoid product, or an expanded cannabinoid product that:
892 (a) was conducted under a study approved by an institutional review board that is
893 registered for human subject research by the United States Department of Health and Human
894 Services;
895 (b) was conducted or approved by the federal government; or
896 (c) (i) was conducted in another country; and
897 (ii) demonstrates, as determined by the board, a sufficient level of scientific reliability
898 and significance to merit the board's review.
899 (12) Based on the research described in Subsection (11), the board shall evaluate the
900 safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
901 including:
902 (a) medical conditions that respond to cannabis, cannabinoid products, and expanded
903 cannabinoid products;
904 (b) cannabis and cannabinoid dosage amounts and medical dosage forms;
905 (c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products,
906 as defined in Section 58-37-3.6, with other treatments; and
907 (d) contraindications, adverse reactions, and potential side effects from use of cannabis,
908 cannabinoid products, and expanded cannabinoid products.
909 (13) Based on the board's evaluation under Subsection (12), the board shall develop
910 guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
911 product that include:
912 (a) a list of medical conditions, if any, that the board determines are appropriate for
913 treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded
914 cannabinoid product;
915 (b) a list of contraindications, side effects, and adverse reactions that are associated
916 with use of cannabis, cannabinoid products, or expanded cannabinoid products;
917 (c) a list of potential drug-drug interactions between medications that the United States
918 Food and Drug Administration has approved and cannabis, cannabinoid products, and
919 expanded cannabinoid products; and
920 (d) any other guideline the board determines appropriate.
921 (14) The board shall submit the guidelines described in Subsection (13) to the director
922 of the Division of Professional Licensing.
923 (15) Guidelines that the board develops under this section may not limit the availability
924 of cannabis, cannabinoid products, or expanded cannabinoid products permitted under Title 4,
925 Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4,
926 Part 2, Cannabinoid Research and Medical Cannabis.
927 (16) The board shall provide a report to the Health and Human Services Interim
928 Committee regarding the board's work before October 1 of each year.
929 (17) Based on the board's evaluation under Subsection (12), the board may provide
930 recommendations to the Medical Cannabis Policy Advisory Board created in Section
931 26B-1-435 regarding restrictions for a substance found in a medical cannabis product that:
932 (a) is likely harmful to human health; or
933 (b) is associated with a substance that is likely harmful to human health.
934 Section 14. Section 26B-4-702 is amended to read:
935 26B-4-702. Creation of Utah Health Care Workforce Financial Assistance
936 Program -- Duties of department.
937 (1) As used in this section:
938 (a) "Eligible professional" means a geriatric professional or a health care professional
939 who is eligible to participate in the program.
940 (b) "Geriatric professional" means a person who:
941 (i) is a licensed:
942 (A) health care professional;
943 (B) social worker;
944 (C) occupational therapist;
945 (D) pharmacist;
946 (E) physical therapist; or
947 (F) psychologist; and
948 (ii) is determined by the department to have adequate advanced training in geriatrics to
949 prepare the person to provide specialized geriatric care within the scope of the person's
950 profession.
951 (c) "Health care professional" means:
952 (i) a licensed:
953 (A) physician;
954 (B) physician assistant;
955 (C) nurse;
956 (D) dentist; or
957 (E) mental health therapist; or
958 (ii) another licensed health care professional designated by the department by rule.
959 (d) "Program" means the Utah Health Care Workforce Financial Assistance Program
960 created in this section.
961 (e) "Underserved area" means an area designated by the department as underserved by
962 health care professionals, based upon the results of a needs assessment developed by the
963 department [
964
965 (2) There is created within the department the Utah Health Care Workforce Financial
966 Assistance Program to provide, within funding appropriated by the Legislature for the
967 following purposes:
968 (a) professional education scholarships and loan repayment assistance to health care
969 professionals who locate or continue to practice in underserved areas; and
970 (b) loan repayment assistance to geriatric professionals who locate or continue to
971 practice in underserved areas.
972 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
973 department shall make rules governing the administration of the program, including rules that
974 address:
975 (a) application procedures;
976 (b) eligibility criteria;
977 (c) selection criteria;
978 (d) service conditions, which at a minimum shall include professional service in an
979 underserved area for a minimum period of time by any person receiving a scholarship or loan
980 repayment assistance;
981 (e) penalties for failure to comply with service conditions or other terms of a
982 scholarship or loan repayment contract;
983 (f) criteria for modifying or waiving service conditions or penalties in case of extreme
984 hardship or other good cause; and
985 (g) administration of contracts entered into before the effective date of this act,
986 between the department and scholarship or loan repayment recipients, as authorized by law.
987 (4) The department may provide education loan repayment assistance to an eligible
988 professional if the eligible professional:
989 (a) agrees to practice in an underserved area for the duration of the eligible
990 professional's participation in the program; and
991 (b) submits a written commitment from the health care facility employing the eligible
992 professional that the health care facility will provide education loan repayment assistance to the
993 eligible professional in an amount equal to 20% of the total award amount provided to the
994 eligible professional.
995 [
996
997
998 [
999 (a) shall be a line item within the appropriations act;
1000 (b) shall be nonlapsing unless designated otherwise by the Legislature; and
1001 (c) may be used to cover administrative costs of the program[
1002
1003
1004 [
1005 other payments to the program are dedicated credits to the program.
1006 [
1007 and outcomes of the program.
1008 Section 15. Section 26B-8-231 is amended to read:
1009 26B-8-231. Overdose fatality examiner.
1010 (1) Within funds appropriated by the Legislature, the department shall provide
1011 compensation, at a standard rate determined by the department, to an overdose fatality
1012 examiner.
1013 (2) The overdose fatality examiner shall:
1014 (a) work with the medical examiner to compile data regarding overdose and opioid
1015 related deaths, including:
1016 (i) toxicology information;
1017 (ii) demographics; and
1018 (iii) the source of opioids or drugs;
1019 (b) as relatives of the deceased are willing, gather information from relatives of the
1020 deceased regarding the circumstances of the decedent's death;
1021 (c) maintain a database of information described in Subsections (2)(a) and (b);
1022 (d) coordinate no less than monthly with the suicide prevention coordinator described
1023 in Section 26B-5-611; and
1024 (e) coordinate no less than quarterly with the [
1025
1026 created in Section 26B-1-403.
1027 Section 16. Section 35A-4-502 is amended to read:
1028 35A-4-502. Administration of Employment Security Act.
1029 (1) (a) The department shall administer this chapter through the division.
1030 (b) The department may make, amend, or rescind any rules and special orders
1031 necessary for the administration of this chapter.
1032 (c) The division may:
1033 (i) employ persons;
1034 (ii) make expenditures;
1035 (iii) require reports;
1036 (iv) make investigations;
1037 (v) make audits of any or all funds provided for under this chapter when necessary; and
1038 (vi) take any other action it considers necessary or suitable to that end.
1039 (d) No later than the first day of October of each year, the department shall submit to
1040 the governor a report covering the administration and operation of this chapter during the
1041 preceding calendar year and shall make any recommendations for amendments to this chapter
1042 as the department considers proper.
1043 (e) (i) The report required under Subsection (1)(d) shall include a balance sheet of the
1044 money in the fund in which there shall be provided, if possible, a reserve against liability in
1045 future years to pay benefits in excess of the then current contributions, which reserve shall be
1046 set up by the division in accordance with accepted actuarial principles on the basis of statistics
1047 of employment, business activity, and other relevant factors for the longest possible period.
1048 (ii) Whenever the department believes that a change in contribution or benefit rates
1049 will become necessary to protect the solvency of the fund, it shall promptly inform the
1050 governor and the Legislature and make appropriate recommendations.
1051 (2) (a) The department may make, amend, or rescind rules in accordance with Title
1052 63G, Chapter 3, Utah Administrative Rulemaking Act.
1053 (b) The director of the division or the director's designee may adopt, amend, or rescind
1054 special orders after appropriate notice and opportunity to be heard. Special orders become
1055 effective 10 days after notification or mailing to the last-known address of the individuals or
1056 concerns affected thereby.
1057 (3) The director of the division or the director's designee shall cause to be printed for
1058 distribution to the public:
1059 (a) the text of this chapter;
1060 (b) the department's rules pertaining to this chapter;
1061 (c) the department's annual reports to the governor required by Subsection (1)(e); and
1062 (d) any other material the director of the division or the director's designee considers
1063 relevant and suitable and shall furnish them to any person upon application.
1064 (4) (a) The division may delegate to any person so appointed the power and authority it
1065 considers reasonable and proper for the effective administration of this chapter and may bond
1066 any person handling money or signing checks under this authority.
1067 (b) The department may, when permissible under federal and state law, make
1068 arrangements to voluntarily elect coverage under the United States Civil Service Retirement
1069 System or a comparable private retirement plan with respect to past as well as future services of
1070 individuals employed under this chapter who:
1071 (i) were hired prior to October 1, 1980; and
1072 (ii) have been retained by the department without significant interruption in the
1073 employees' services for the department.
1074 (c) An employee of the department who no longer may participate in a federal or other
1075 retirement system as a result of a change in status or appropriation under this chapter may
1076 purchase credit with the employee's assets from the federal or other retirement system in which
1077 the employee may no longer participate in a retirement system created under:
1078 (i) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act for a
1079 purchase made under this Subsection (4)(c) by an employee eligible for service credit under
1080 Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; or
1081 (ii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act,
1082 for a purchase made under this Subsection (4)(c) by an employee eligible for service credit
1083 under Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
1084 (5) There is created an Employment Advisory Council composed of the members listed
1085 in Subsections (5)(a) and (b).
1086 (a) The executive director shall appoint:
1087 (i) not less than [
1088 recommended by employers, employer associations, or employer groups;
1089 (ii) not less than [
1090 recommended by employees, employee associations, or employee groups; and
1091 (iii) [
1092 (b) The executive director or the executive director's designee shall serve as a
1093 nonvoting member of the council.
1094 (c) The employee representatives shall include both union and nonunion employees
1095 who fairly represent the percentage in the labor force of the state.
1096 (d) Employers and employees shall consider nominating members of groups who
1097 historically may have been excluded from the council, such as women, minorities, and
1098 individuals with disabilities.
1099 (e) (i) Except as required by Subsection (5)(e)(ii), as terms of current council members
1100 expire, the executive director shall appoint each new member or reappointed member to a
1101 four-year term.
1102 (ii) Notwithstanding the requirements of Subsection (5)(e)(i), the executive director
1103 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
1104 terms of council members are staggered so that approximately half of the council is appointed
1105 every two years.
1106 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
1107 appointed for the unexpired term.
1108 (g) The executive director shall terminate the term of any council member who ceases
1109 to be representative as designated by the council member's original appointment.
1110 (h) The council shall advise the department and the Legislature in formulating policies
1111 and discussing problems related to the administration of this chapter including:
1112 (i) reducing and preventing unemployment;
1113 (ii) encouraging the adoption of practical methods of vocational training, retraining,
1114 and vocational guidance;
1115 (iii) monitoring the implementation of the Wagner-Peyser Act;
1116 (iv) promoting the creation and development of job opportunities and the
1117 reemployment of unemployed workers throughout the state in every possible way; and
1118 (v) appraising the industrial potential of the state.
1119 (i) The council shall assure impartiality and freedom from political influence in the
1120 solution of the problems listed in Subsection (5)(h).
1121 (j) The executive director or the executive director's designee shall serve as chair of the
1122 council and call the necessary meetings.
1123 (k) A member may not receive compensation or benefits for the member's service, but
1124 may receive per diem and travel expenses in accordance with:
1125 (i) Section 63A-3-106;
1126 (ii) Section 63A-3-107; and
1127 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1128 63A-3-107.
1129 (l) The department shall provide staff support to the council.
1130 (6) In the discharge of the duties imposed by this chapter, the division director or the
1131 director's designee as designated by department rule, may in connection with a disputed matter
1132 or the administration of this chapter:
1133 (a) administer oaths and affirmations;
1134 (b) take depositions;
1135 (c) certify to official acts; and
1136 (d) issue subpoenas to compel the attendance of witnesses and the production of books,
1137 papers, correspondence, memoranda, and other records necessary as evidence.
1138 (7) (a) In case of contumacy by or refusal to obey a subpoena issued to any person, any
1139 court of this state within the jurisdiction of which the inquiry is carried on or within the
1140 jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or
1141 transacts business, upon application by the director of the division or the director's designee
1142 shall have jurisdiction to issue to that person an order requiring the person to appear before the
1143 director or the director's designee to produce evidence, if so ordered, or give testimony
1144 regarding the matter under investigation or in question. Any failure to obey that order of the
1145 court may be punished by the court as contempt.
1146 (b) Any person who, without just cause, fails or refuses to attend and testify or to
1147 answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other
1148 records, if it is in that person's power to do so, in obedience to a subpoena of the director or the
1149 director's designee shall be punished as provided in Subsection 35A-1-301(1)(b). Each day the
1150 violation continues is a separate offense.
1151 (c) In the event a witness asserts a privilege against self-incrimination, testimony and
1152 evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
1153 Immunity.
1154 (8) (a) In the administration of this chapter, the division shall cooperate with the United
1155 States Department of Labor to the fullest extent consistent with the provisions of this chapter
1156 and shall take action, through the adoption of appropriate rules by the department and
1157 administrative methods and standards, as necessary to secure to this state and its citizens all
1158 advantages available under the provisions of:
1159 (i) the Social Security Act that relate to unemployment compensation;
1160 (ii) the Federal Unemployment Tax Act; and
1161 (iii) the Federal-State Extended Unemployment Compensation Act of 1970.
1162 (b) In the administration of Section 35A-4-402, which is enacted to conform with the
1163 requirements of the Federal-State Extended Unemployment Compensation Act of 1970, 26
1164 U.S.C. Sec. 3304, the division shall take any action necessary to ensure that the section is
1165 interpreted and applied to meet the requirements of the federal act, as interpreted by the United
1166 States Department of Labor and to secure to this state the full reimbursement of the federal
1167 share of extended and regular benefits paid under this chapter that are reimbursable under the
1168 federal act.
1169 Section 17. Section 36-12-23 is amended to read:
1170 36-12-23. Legislative committees -- Staffing.
1171 As used in this section:
1172 (1) "Chair" means a presiding officer or a co-presiding officer of a legislative
1173 committee.
1174 (2) "Committee" means a standing committee, interim committee, subcommittee,
1175 special committee, authority, commission, council, task force, panel, or board in which
1176 legislative participation is required by law or legislative rule.
1177 (3) "Legislative committee" means a committee:
1178 (a) formed by the Legislature to study or oversee subjects of legislative concern; and
1179 (b) that is required by law or legislative rule to have a chair who is a legislator.
1180 (4) "Legislator" means a member of either house of the Legislature.
1181 (5) "Professional legislative office" means the Office of Legislative Research and
1182 General Counsel, the Office of the Legislative Fiscal Analyst, or the Office of the Legislative
1183 Auditor General.
1184 (6) (a) Except as provided in Subsection (7), a professional legislative office shall
1185 provide staff support to a legislative committee.
1186 (b) If a law or legislative rule does not designate which particular professional
1187 legislative office shall provide staff support to a legislative committee, that office shall be the
1188 Office of Legislative Research and General Counsel.
1189 (7) This section does not apply to:
1190 (a) the Point of the Mountain State Land Authority created in Section 11-59-201;
1191 (b) the Utah Broadband Center Advisory Commission created in Section 36-29-109;
1192 (c) the Blockchain and Digital Innovation Task Force created in Section 36-29-110;
1193 (d) the [
1194 Section 36-29-111;
1195 (e) the Constitutional Defense Council created in Section 63C-4a-202;
1196 (f) the Women in the Economy Subcommittee created in Section 63N-1b-402;
1197 (g) the House Ethics Committee established under Legislative Joint Rule JR6-2-101; or
1198 (h) the Senate Ethics Committee established under Legislative Joint Rule JR6-2-101.
1199 Section 18. Section 36-29-111 is amended to read:
1200 36-29-111. Public Safety Data Management Task Force.
1201 (1) As used in this section[
1202 (a) "Cohabitant abuse protective order" means an order issued with or without notice to
1203 the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective
1204 Orders.
1205 (b) "Lethality assessment" means an evidence-based assessment that is intended to
1206 identify a victim of domestic violence who is at a high risk of being killed by the perpetrator.
1207 (c) "Task force" means the [
1208 Force created in this section.
1209 (d) "Victim" means an individual who is a victim of domestic violence, as defined in
1210 Section 77-36-1.
1211 (2) There is created the [
1212 consisting of the following members:
1213 (a) three members of the Senate appointed by the president of the Senate, no more than
1214 two of whom may be from the same political party;
1215 (b) three members of the House of Representatives appointed by the speaker of the
1216 House of Representatives, no more than two of whom may be from the same political party;
1217 and
1218 (c) representatives from the following organizations as requested by the executive
1219 director of the State Commission on Criminal and Juvenile Justice:
1220 (i) the State Commission on Criminal and Juvenile Justice;
1221 [
1222 [
1223 [
1224 [
1225 [
1226 [
1227 [
1228 [
1229 [
1230 [
1231 (x) the Department of Health and Human Services;
1232 (xi) the Utah Division of Indian Affairs; and
1233 [
1234 [
1235 director of the Commission on Criminal and Juvenile Justice.
1236 (3) (a) The president of the Senate shall designate a member of the Senate appointed
1237 under Subsection (2)(a) as a cochair of the task force.
1238 (b) The speaker of the House of Representatives shall designate a member of the House
1239 of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
1240 (4) (a) A majority of the members of the task force present at a meeting constitutes a
1241 quorum.
1242 (b) The action of a majority of a quorum constitutes an action of the task force.
1243 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
1244 be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
1245 Legislator Compensation.
1246 (b) A member of the task force who is not a legislator:
1247 (i) may not receive compensation for the member's work associated with the task force;
1248 and
1249 (ii) may receive per diem and reimbursement for travel expenses incurred as a member
1250 of the task force at the rates established by the Division of Finance under Sections 63A-3-106
1251 and 63A-3-107.
1252 (6) The State Commission on Criminal and Juvenile Justice shall provide staff support
1253 to the task force.
1254 (7) The task force shall review the state's current criminal justice data collection
1255 requirements and make recommendations regarding:
1256 (a) possible ways to connect the various records systems used throughout the state so
1257 that data can be shared between criminal justice agencies and with policymakers;
1258 (b) ways to automate the collection, storage, and dissemination of the data;
1259 (c) standardizing the format of data collection and retention; [
1260 (d) the collection of domestic violence data in the state; and
1261 [
1262 [
1263
1264 [
1265 [
1266 [
1267 (8) On or before November 30 of each year, the task force shall provide a report to the
1268 Law Enforcement and Criminal Justice Interim Committee and the Legislative Management
1269 Committee that includes:
1270 (a) recommendations in accordance with Subsection (7)(a);
1271 (b) information on:
1272 (i) lethality assessments conducted in the state, including:
1273 (A) the type of lethality assessments used by law enforcement agencies and other
1274 organizations that provide domestic violence services; and
1275 (B) training and protocols implemented by law enforcement agencies and the
1276 organizations described in Subsection (8)(b)(i)(A) regarding the use of lethality assessments;
1277 (ii) the data collection efforts implemented by law enforcement agencies and the
1278 organizations described in Subsection (8)(b)(i)(A);
1279 (iii) the number of cohabitant abuse protective orders that, in the immediately
1280 preceding calendar year, were:
1281 (A) issued;
1282 (B) amended or dismissed before the date of expiration; or
1283 (C) dismissed under Section 78B-7-605; and
1284 (iv) the prevalence of domestic violence in the state and the prevalence of the
1285 following in domestic violence cases:
1286 (A) stalking;
1287 (B) strangulation;
1288 (C) violence in the presence of a child; and
1289 (D) threats of suicide or homicide;
1290 (c) a review of and feedback on:
1291 (i) lethality assessment training and protocols implemented by law enforcement
1292 agencies and the organizations described in Subsection (8)(b)(i)(A); and
1293 (ii) the collection of domestic violence data in the state, including:
1294 (A) the coordination between state, local, and not-for-profit agencies to collect data
1295 from lethality assessments and on the prevalence of domestic violence, including the number of
1296 voluntary commitments of firearms under Section 53-5c-201;
1297 (B) efforts to standardize the format for collecting domestic violence and lethality
1298 assessment data from state, local, and not-for-profit agencies within federal confidentiality
1299 requirements; and
1300 (C) the need for any additional data collection requirements or efforts; and
1301 (d) any proposed legislation.
1302 Section 19. Section 52-4-205 is amended to read:
1303 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
1304 meetings.
1305 (1) A closed meeting described under Section 52-4-204 may only be held for:
1306 (a) except as provided in Subsection (3), discussion of the character, professional
1307 competence, or physical or mental health of an individual;
1308 (b) strategy sessions to discuss collective bargaining;
1309 (c) strategy sessions to discuss pending or reasonably imminent litigation;
1310 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
1311 including any form of a water right or water shares, or to discuss a proposed development
1312 agreement, project proposal, or financing proposal related to the development of land owned by
1313 the state, if public discussion would:
1314 (i) disclose the appraisal or estimated value of the property under consideration; or
1315 (ii) prevent the public body from completing the transaction on the best possible terms;
1316 (e) strategy sessions to discuss the sale of real property, including any form of a water
1317 right or water shares, if:
1318 (i) public discussion of the transaction would:
1319 (A) disclose the appraisal or estimated value of the property under consideration; or
1320 (B) prevent the public body from completing the transaction on the best possible terms;
1321 (ii) the public body previously gave public notice that the property would be offered for
1322 sale; and
1323 (iii) the terms of the sale are publicly disclosed before the public body approves the
1324 sale;
1325 (f) discussion regarding deployment of security personnel, devices, or systems;
1326 (g) investigative proceedings regarding allegations of criminal misconduct;
1327 (h) as relates to the Independent Legislative Ethics Commission, conducting business
1328 relating to the receipt or review of ethics complaints;
1329 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
1330 Subsection 52-4-204(1)(a)(iii)(C);
1331 (j) as relates to the Independent Executive Branch Ethics Commission created in
1332 Section 63A-14-202, conducting business relating to an ethics complaint;
1333 (k) as relates to a county legislative body, discussing commercial information as
1334 defined in Section 59-1-404;
1335 (l) as relates to the Utah Higher Education Savings Board of Trustees and its appointed
1336 board of directors, discussing fiduciary or commercial information;
1337 (m) deliberations, not including any information gathering activities, of a public body
1338 acting in the capacity of:
1339 (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
1340 during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
1341 (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
1342 decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
1343 (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
1344 Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
1345 Procurement Appeals Board;
1346 (n) the purpose of considering information that is designated as a trade secret, as
1347 defined in Section 13-24-2, if the public body's consideration of the information is necessary to
1348 properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
1349 (o) the purpose of discussing information provided to the public body during the
1350 procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
1351 the meeting:
1352 (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
1353 disclosed to a member of the public or to a participant in the procurement process; and
1354 (ii) the public body needs to review or discuss the information to properly fulfill its
1355 role and responsibilities in the procurement process;
1356 (p) as relates to the governing board of a governmental nonprofit corporation, as that
1357 term is defined in Section 11-13a-102, the purpose of discussing information that is designated
1358 as a trade secret, as that term is defined in Section 13-24-2, if:
1359 (i) public knowledge of the discussion would reasonably be expected to result in injury
1360 to the owner of the trade secret; and
1361 (ii) discussion of the information is necessary for the governing board to properly
1362 discharge the board's duties and conduct the board's business;
1363 (q) as it relates to the Cannabis Production Establishment Licensing Advisory Board,
1364 to review confidential information regarding violations and security requirements in relation to
1365 the operation of cannabis production establishments;
1366 (r) considering a loan application, if public discussion of the loan application would
1367 disclose:
1368 (i) nonpublic personal financial information; or
1369 (ii) a nonpublic trade secret, as defined in Section 13-24-2, or nonpublic business
1370 financial information the disclosure of which would reasonably be expected to result in unfair
1371 competitive injury to the person submitting the information;
1372 (s) a discussion of the board of the Point of the Mountain State Land Authority, created
1373 in Section 11-59-201, regarding a potential tenant of point of the mountain state land, as
1374 defined in Section 11-59-102; or
1375 (t) a purpose for which a meeting is required to be closed under Subsection (2).
1376 (2) The following meetings shall be closed:
1377 (a) a meeting of the Health and Human Services Interim Committee to review a report
1378 described in Subsection 26B-1-506(1)(a), and the responses to the report described in
1379 Subsections 26B-1-506(2) and (4);
1380 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
1381 (i) review a report described in Subsection 26B-1-506(1)(a), and the responses to the
1382 report described in Subsections 26B-1-506(2) and (4); or
1383 (ii) review and discuss an individual case, as described in Subsection 36-33-103(2);
1384 (c) a meeting of the [
1385 Substances Scheduling and Opioid Fatality Advisory Committee, created in Section
1386 26B-1-403, to review and discuss an individual case, as described in Subsection
1387 [
1388 (d) a meeting of a conservation district as defined in Section 17D-3-102 for the
1389 purpose of advising the Natural Resource Conservation Service of the United States
1390 Department of Agriculture on a farm improvement project if the discussed information is
1391 protected information under federal law;
1392 (e) a meeting of the Compassionate Use Board established in Section 26B-1-421 for
1393 the purpose of reviewing petitions for a medical cannabis card in accordance with Section
1394 26B-1-421;
1395 (f) a meeting of the Colorado River Authority of Utah if:
1396 (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in
1397 the Colorado River system; and
1398 (ii) failing to close the meeting would:
1399 (A) reveal the contents of a record classified as protected under Subsection
1400 63G-2-305(82);
1401 (B) reveal a legal strategy relating to the state's claim to the use of the water in the
1402 Colorado River system;
1403 (C) harm the ability of the Colorado River Authority of Utah or river commissioner to
1404 negotiate the best terms and conditions regarding the use of water in the Colorado River
1405 system; or
1406 (D) give an advantage to another state or to the federal government in negotiations
1407 regarding the use of water in the Colorado River system;
1408 (g) a meeting of the General Regulatory Sandbox Program Advisory Committee if:
1409 (i) the purpose of the meeting is to discuss an application for participation in the
1410 regulatory sandbox as defined in Section 63N-16-102; and
1411 (ii) failing to close the meeting would reveal the contents of a record classified as
1412 protected under Subsection 63G-2-305(83);
1413 (h) a meeting of a project entity if:
1414 (i) the purpose of the meeting is to conduct a strategy session to discuss market
1415 conditions relevant to a business decision regarding the value of a project entity asset if the
1416 terms of the business decision are publicly disclosed before the decision is finalized and a
1417 public discussion would:
1418 (A) disclose the appraisal or estimated value of the project entity asset under
1419 consideration; or
1420 (B) prevent the project entity from completing on the best possible terms a
1421 contemplated transaction concerning the project entity asset;
1422 (ii) the purpose of the meeting is to discuss a record, the disclosure of which could
1423 cause commercial injury to, or confer a competitive advantage upon a potential or actual
1424 competitor of, the project entity;
1425 (iii) the purpose of the meeting is to discuss a business decision, the disclosure of
1426 which could cause commercial injury to, or confer a competitive advantage upon a potential or
1427 actual competitor of, the project entity; or
1428 (iv) failing to close the meeting would prevent the project entity from getting the best
1429 price on the market; and
1430 (i) a meeting of the School Activity Eligibility Commission, described in Section
1431 53G-6-1003, if the commission is in effect in accordance with Section 53G-6-1002, to
1432 consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student's
1433 eligibility to participate in an interscholastic activity, as that term is defined in Section
1434 53G-6-1001, including the commission's determinative vote on the student's eligibility.
1435 (3) In a closed meeting, a public body may not:
1436 (a) interview a person applying to fill an elected position;
1437 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
1438 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
1439 or
1440 (c) discuss the character, professional competence, or physical or mental health of the
1441 person whose name was submitted for consideration to fill a midterm vacancy or temporary
1442 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
1443 Temporary Absence in Elected Office.
1444 Section 20. Section 53-1-104 (Effective 07/01/24) is amended to read:
1445 53-1-104 (Effective 07/01/24). Boards, bureaus, councils, divisions, and offices.
1446 (1) The following are the policymaking boards and committees within the department:
1447 (a) the [
1448 Section 53-2d-104;
1449 (b) the Air Ambulance Committee created in Section 53-2d-107;
1450 (c) the Driver License Medical Advisory Board, created in Section 53-3-303;
1451 (d) the Concealed Firearm Review Board, created in Section 53-5-703;
1452 (e) the Utah Fire Prevention Board, created in Section 53-7-203; and
1453 (f) the Liquified Petroleum Gas Board, created in Section 53-7-304[
1454 [
1455
1456 (2) The Peace Officer Standards and Training Council, created in Section 53-6-106, is
1457 within the department.
1458 (3) The following are the divisions within the department:
1459 (a) the Administrative Services Division, created in Section 53-1-203;
1460 (b) the Management Information Services Division, created in Section 53-1-303;
1461 (c) the Division of Emergency Management, created in Section 53-2a-103;
1462 (d) the Driver License Division, created in Section 53-3-103;
1463 (e) the Criminal Investigations and Technical Services Division, created in Section
1464 53-10-103;
1465 (f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
1466 (g) the State Fire Marshal Division, created in Section 53-7-103; and
1467 (h) the Utah Highway Patrol Division, created in Section 53-8-103.
1468 (4) The Office of Executive Protection is created in Section 53-1-112.
1469 (5) The following are the bureaus within the department:
1470 (a) the Bureau of Emergency Medical Services, created in Section 53-2d-102;
1471 (b) the Bureau of Criminal Identification, created in Section 53-10-201;
1472 (c) the State Bureau of Investigation, created in Section 53-10-301;
1473 (d) the Bureau of Forensic Services, created in Section 53-10-401; and
1474 (e) the Bureau of Communications, created in Section 53-10-501.
1475 Section 21. Section 53-1-106 is amended to read:
1476 53-1-106. Department duties -- Powers.
1477 (1) In addition to the responsibilities contained in this title, the department shall:
1478 (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
1479 Code, including:
1480 (i) setting performance standards for towing companies to be used by the department,
1481 as required by Section 41-6a-1406; and
1482 (ii) advising the Department of Transportation regarding the safe design and operation
1483 of school buses, as required by Section 41-6a-1304;
1484 (b) make rules to establish and clarify standards pertaining to the curriculum and
1485 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
1486 (c) aid in enforcement efforts to combat drug trafficking;
1487 (d) meet with the Division of Technology Services to formulate contracts, establish
1488 priorities, and develop funding mechanisms for dispatch and telecommunications operations;
1489 (e) provide assistance to the [
1490 Criminal and Juvenile Justice and the Utah Office for Victims of Crime in conducting research
1491 or monitoring victims' programs, as required by Section [
1492 (f) develop sexual assault exam protocol standards in conjunction with the Utah
1493 Hospital Association;
1494 (g) engage in emergency planning activities, including preparation of policy and
1495 procedure and rulemaking necessary for implementation of the federal Emergency Planning
1496 and Community Right to Know Act of 1986, as required by Section 53-2a-702;
1497 (h) implement the provisions of Section 53-2a-402, the Emergency Management
1498 Assistance Compact;
1499 (i) ensure that any training or certification required of a public official or public
1500 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1501 22, State Training and Certification Requirements, if the training or certification is required:
1502 (i) under this title;
1503 (ii) by the department; or
1504 (iii) by an agency or division within the department;
1505 (j) employ a law enforcement officer as a public safety liaison to be housed at the State
1506 Board of Education who shall work with the State Board of Education to:
1507 (i) support training with relevant state agencies for school resource officers as
1508 described in Section 53G-8-702;
1509 (ii) coordinate the creation of model policies and memorandums of understanding for a
1510 local education agency and a local law enforcement agency; and
1511 (iii) ensure cooperation between relevant state agencies, a local education agency, and
1512 a local law enforcement agency to foster compliance with disciplinary related statutory
1513 provisions, including Sections 53E-3-516 and 53G-8-211;
1514 (k) provide for the security and protection of public officials, public officials' staff, and
1515 the capitol hill complex in accordance with the provisions of this part; and
1516 (l) fulfill the duties described in Sections 77-36-2.1 and 78B-7-120 related to lethality
1517 assessments.
1518 (2) (a) The department shall establish a schedule of fees as required or allowed in this
1519 title for services provided by the department.
1520 (b) All fees not established in statute shall be established in accordance with Section
1521 63J-1-504.
1522 (3) The department may establish or contract for the establishment of an Organ
1523 Procurement Donor Registry in accordance with Section 26B-8-319.
1524 Section 22. Section 53-2a-105 is amended to read:
1525 53-2a-105. Emergency Management Administration Council created -- Function
1526 -- Composition -- Expenses.
1527 (1) There is created the Emergency Management Administration Council to:
1528 (a) provide advice and coordination for state and local government agencies on
1529 government emergency prevention, mitigation, preparedness, response, and recovery actions
1530 and activities[
1531 (b) review the progress and status of the statewide mutual aid system as defined in
1532 Section 53-2a-302;
1533 (c) assist in developing methods to track and evaluate activation of the statewide
1534 mutual aid system; and
1535 (d) examine issues facing participating political subdivisions, as defined in Section
1536 53-2a-302, regarding implementation of the statewide mutual aid system.
1537 (2) The council shall develop comprehensive guidelines and procedures that address
1538 the operation of the statewide mutual aid system, including:
1539 (a) projected or anticipated costs of responding to emergencies;
1540 (b) checklists for requesting and providing assistance;
1541 (c) record keeping for participating political subdivisions;
1542 (d) reimbursement procedures and other necessary implementation elements and
1543 necessary forms for requests; and
1544 (e) other records documenting deployment and return of assets.
1545 (3) The council may prepare an annual report on the condition and effectiveness of the
1546 statewide mutual aid system, make recommendations for correcting any deficiencies, and
1547 submit the report to the Political Subdivisions Interim Committee.
1548 [
1549 [
1550 (a) lieutenant governor, or the lieutenant governor's designee;
1551 (b) attorney general, or the attorney general's designee;
1552 (c) heads of the following state agencies, or their designees:
1553 (i) Department of Public Safety;
1554 (ii) Division of Emergency Management;
1555 (iii) Department of Transportation;
1556 (iv) Department of Health;
1557 (v) Department of Environmental Quality;
1558 (vi) Department of Workforce Services;
1559 (vii) Department of Natural Resources;
1560 (viii) Department of Agriculture and Food;
1561 (ix) Division of Technology Services; and
1562 (x) Division of Indian Affairs;
1563 (d) adjutant general of the National Guard or the adjutant general's designee;
1564 (e) statewide interoperability coordinator of the Utah Communications Authority or the
1565 coordinator's designee;
1566 (f) two representatives with expertise in emergency management appointed by the Utah
1567 League of Cities and Towns;
1568 (g) two representatives with expertise in emergency management appointed by the
1569 Utah Association of Counties;
1570 (h) up to four additional members with expertise in emergency management, critical
1571 infrastructure, or key resources as these terms are defined under [
1572 U.S.C. Sec. 101 appointed from the private sector, by the co-chairs of the council;
1573 (i) two representatives appointed by the Utah Emergency Management Association;
1574 (j) one representative from the Urban Area Working Group, appointed by the council
1575 co-chairs;
1576 (k) one representative from education, appointed by the council co-chairs; and
1577 (l) one representative from a volunteer or faith-based organization, appointed by the
1578 council co-chairs.
1579 [
1580 council.
1581 [
1582 but may receive per diem and travel expenses in accordance with:
1583 (a) Section 63A-3-106;
1584 (b) Section 63A-3-107; and
1585 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1586 63A-3-107.
1587 [
1588 entities including:
1589 (a) the Emergency Management Regional Committees established by the Department
1590 of Public Safety; and
1591 [
1592 [
1593 Section 53-2a-703.
1594 [
1595 and task forces as determined necessary by the council to carry out the duties of the council.
1596 Section 23. Section 53-2d-101 (Effective 07/01/24) is amended to read:
1597 53-2d-101 (Effective 07/01/24). Definitions.
1598 As used in this chapter:
1599 (1) (a) "911 ambulance or paramedic services" means:
1600 (i) either:
1601 (A) 911 ambulance service;
1602 (B) 911 paramedic service; or
1603 (C) both 911 ambulance and paramedic service; and
1604 (ii) a response to a 911 call received by a designated dispatch center that receives 911
1605 or E911 calls.
1606 (b) "911 ambulance or paramedic services" does not mean a seven or 10 digit
1607 telephone call received directly by an ambulance provider licensed under this chapter.
1608 (2) "Account" means the Automatic External Defibrillator Restricted Account, created
1609 in Section 53-2d-809.
1610 (3) "Ambulance" means a ground, air, or water vehicle that:
1611 (a) transports patients and is used to provide emergency medical services; and
1612 (b) is required to obtain a permit under Section 53-2d-404 to operate in the state.
1613 (4) "Ambulance provider" means an emergency medical service provider that:
1614 (a) transports and provides emergency medical care to patients; and
1615 (b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
1616 (5) "Automatic external defibrillator" or "AED" means an automated or automatic
1617 computerized medical device that:
1618 (a) has received pre-market notification approval from the United States Food and
1619 Drug Administration, pursuant to 21 U.S.C. Sec. 360(k);
1620 (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
1621 ventricular tachycardia;
1622 (c) is capable of determining, without intervention by an operator, whether
1623 defibrillation should be performed; and
1624 (d) upon determining that defibrillation should be performed, automatically charges,
1625 enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and
1626 to an individual's heart.
1627 (6) (a) "Behavioral emergency services" means delivering a behavioral health
1628 intervention to a patient in an emergency context within a scope and in accordance with
1629 guidelines established by the department.
1630 (b) "Behavioral emergency services" does not include engaging in the:
1631 (i) practice of mental health therapy as defined in Section 58-60-102;
1632 (ii) practice of psychology as defined in Section 58-61-102;
1633 (iii) practice of clinical social work as defined in Section 58-60-202;
1634 (iv) practice of certified social work as defined in Section 58-60-202;
1635 (v) practice of marriage and family therapy as defined in Section 58-60-302;
1636 (vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
1637 (vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
1638 (7) "Bureau" means the Bureau of Emergency Medical Services created in Section
1639 53-2d-102.
1640 (8) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
1641 chest compression applied to a person who is unresponsive and not breathing.
1642 (9) "Committee" means the [
1643 Committee created by Section 53-2d-104.
1644 (10) "Community paramedicine" means medical care:
1645 (a) provided by emergency medical service personnel; and
1646 (b) provided to a patient who is not:
1647 (i) in need of ambulance transportation; or
1648 (ii) located in a health care facility as defined in Section 26B-2-201.
1649 (11) "Division" means the Division of Emergency Management created in Section
1650 53-2a-103.
1651 (12) "Direct medical observation" means in-person observation of a patient by a
1652 physician, registered nurse, physician's assistant, or individual licensed under Section
1653 26B-4-116.
1654 (13) "Emergency medical condition" means:
1655 (a) a medical condition that manifests itself by symptoms of sufficient severity,
1656 including severe pain, that a prudent layperson, who possesses an average knowledge of health
1657 and medicine, could reasonably expect the absence of immediate medical attention to result in:
1658 (i) placing the individual's health in serious jeopardy;
1659 (ii) serious impairment to bodily functions; or
1660 (iii) serious dysfunction of any bodily organ or part; or
1661 (b) a medical condition that in the opinion of a physician or the physician's designee
1662 requires direct medical observation during transport or may require the intervention of an
1663 individual licensed under Section 53-2d-402 during transport.
1664 (14) "Emergency medical dispatch center" means a public safety answering point, as
1665 defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by
1666 the bureau.
1667 (15) (a) "Emergency medical service personnel" means an individual who provides
1668 emergency medical services or behavioral emergency services to a patient and is required to be
1669 licensed or certified under Section 53-2d-402.
1670 (b) "Emergency medical service personnel" includes a paramedic, medical director of a
1671 licensed emergency medical service provider, emergency medical service instructor, behavioral
1672 emergency services technician, other categories established by the committee, and a certified
1673 emergency medical dispatcher.
1674 (16) "Emergency medical service providers" means:
1675 (a) licensed ambulance providers and paramedic providers;
1676 (b) a facility or provider that is required to be designated under Subsection
1677 53-2d-403(1)(a); and
1678 (c) emergency medical service personnel.
1679 (17) "Emergency medical services" means:
1680 (a) medical services;
1681 (b) transportation services;
1682 (c) behavioral emergency services; or
1683 (d) any combination of the services described in Subsections (17)(a) through (c).
1684 (18) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
1685 (a) maintained and used for the transportation of emergency medical personnel,
1686 equipment, and supplies to the scene of a medical emergency; and
1687 (b) required to be permitted under Section 53-2d-404.
1688 (19) "Governing body":
1689 (a) means the same as that term is defined in Section 11-42-102; and
1690 (b) for purposes of a "special service district" under Section 11-42-102, means a
1691 special service district that has been delegated the authority to select a provider under this
1692 chapter by the special service district's legislative body or administrative control board.
1693 (20) "Interested party" means:
1694 (a) a licensed or designated emergency medical services provider that provides
1695 emergency medical services within or in an area that abuts an exclusive geographic service area
1696 that is the subject of an application submitted pursuant to Part 5, Ambulance and Paramedic
1697 Providers;
1698 (b) any municipality, county, or fire district that lies within or abuts a geographic
1699 service area that is the subject of an application submitted pursuant to Part 5, Ambulance and
1700 Paramedic Providers; or
1701 (c) the department when acting in the interest of the public.
1702 (21) "Level of service" means the level at which an ambulance provider type of service
1703 is licensed as:
1704 (a) emergency medical technician;
1705 (b) advanced emergency medical technician; or
1706 (c) paramedic.
1707 (22) "Medical control" means a person who provides medical supervision to an
1708 emergency medical service provider.
1709 (23) "Non-911 service" means transport of a patient that is not 911 transport under
1710 Subsection (1).
1711 (24) "Nonemergency secured behavioral health transport" means an entity that:
1712 (a) provides nonemergency secure transportation services for an individual who:
1713 (i) is not required to be transported by an ambulance under Section 53-2d-405; and
1714 (ii) requires behavioral health observation during transport between any of the
1715 following facilities:
1716 (A) a licensed acute care hospital;
1717 (B) an emergency patient receiving facility;
1718 (C) a licensed mental health facility; and
1719 (D) the office of a licensed health care provider; and
1720 (b) is required to be designated under Section 53-2d-403.
1721 (25) "Paramedic provider" means an entity that:
1722 (a) employs emergency medical service personnel; and
1723 (b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
1724 (26) "Patient" means an individual who, as the result of illness, injury, or a behavioral
1725 emergency condition, meets any of the criteria in Section 26B-4-119.
1726 (27) "Political subdivision" means:
1727 (a) a city, town, or metro township;
1728 (b) a county;
1729 (c) a special service district created under Title 17D, Chapter 1, Special Service
1730 District Act, for the purpose of providing fire protection services under Subsection
1731 17D-1-201(9);
1732 (d) a special district created under Title 17B, Limited Purpose Local Government
1733 Entities - Special Districts, for the purpose of providing fire protection, paramedic, and
1734 emergency services;
1735 (e) areas coming together as described in Subsection 53-2d-505.2(2)(b)(ii); or
1736 (f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
1737 (28) "Sudden cardiac arrest" means a life-threatening condition that results when a
1738 person's heart stops or fails to produce a pulse.
1739 (29) "Trauma" means an injury requiring immediate medical or surgical intervention.
1740 (30) "Trauma system" means a single, statewide system that:
1741 (a) organizes and coordinates the delivery of trauma care within defined geographic
1742 areas from the time of injury through transport and rehabilitative care; and
1743 (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
1744 delivering care for trauma patients, regardless of severity.
1745 (31) "Triage" means the sorting of patients in terms of disposition, destination, or
1746 priority. For prehospital trauma victims, triage requires a determination of injury severity to
1747 assess the appropriate level of care according to established patient care protocols.
1748 (32) "Triage, treatment, transportation, and transfer guidelines" means written
1749 procedures that:
1750 (a) direct the care of patients; and
1751 (b) are adopted by the medical staff of an emergency patient receiving facility, trauma
1752 center, or an emergency medical service provider.
1753 (33) "Type of service" means the category at which an ambulance provider is licensed
1754 as:
1755 (a) ground ambulance transport;
1756 (b) ground ambulance interfacility transport; or
1757 (c) both ground ambulance transport and ground ambulance interfacility transport.
1758 Section 24. Section 53-2d-104 (Effective 07/01/24) is amended to read:
1759 53-2d-104 (Effective 07/01/24). Trauma System and Emergency Medical Services
1760 Committee -- Membership -- Expenses.
1761 (1) There is created the [
1762 Committee.
1763 (2) The committee shall be composed of the following [
1764 the governor, at least [
1765 sixth class:
1766 (a) [
1767 Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
1768 (i) one surgeon who actively provides trauma care at a hospital;
1769 (ii) one rural physician involved in emergency medical care;
1770 (iii) [
1771 department of a general acute hospital; and
1772 (iv) one pediatrician who practices in the emergency department or critical care unit of
1773 a general acute hospital or a children's specialty hospital;
1774 (b) [
1775 private ambulance provider;
1776 (c) one representative from an ambulance provider that is neither privately owned nor
1777 operated by a fire department;
1778 (d) [
1779 agency operated by one of the following classes of licensed or designated emergency medical
1780 services providers:
1781 (i) a municipality[
1782 (ii) a county[
1783 (iii) a fire district[
1784
1785 (e) four of any of the following representatives:
1786 [
1787 services;
1788 [
1789 [
1790 [
1791 [
1792 [
1793 medical dispatch center;
1794 [
1795 [
1796 [
1797 (3) (a) Except as provided in Subsection (3)(b), members shall be appointed to a
1798 four-year term [
1799 (b) Notwithstanding Subsection (3)(a), the governor:
1800 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
1801 ensure that the terms of committee members are staggered so that approximately half of the
1802 committee is appointed every two years; and
1803 (ii) may not reappoint a member for more than two consecutive terms[
1804 [
1805 [
1806
1807 [
1808
1809
1810 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1811 appointed by the governor for the unexpired term.
1812 (4) (a) (i) Each January, the committee shall organize and select one of the committee's
1813 members as chair and one member as vice chair.
1814 (ii) The committee may organize standing or ad hoc subcommittees, which shall
1815 operate in accordance with guidelines established by the committee.
1816 (b) (i) The chair shall convene a minimum of four meetings per year.
1817 (ii) The chair may call special meetings.
1818 (iii) The chair shall call a meeting upon request of five or more members of the
1819 committee.
1820 (c) (i) [
1821 business.
1822 (ii) The action of a majority of the members present is the action of the committee.
1823 (5) A member may not receive compensation or benefits for the member's service, but
1824 may receive per diem and travel expenses in accordance with:
1825 (a) Section 63A-3-106;
1826 (b) Section 63A-3-107; and
1827 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1828 63A-3-107.
1829 (6) Administrative services for the committee shall be provided by the bureau.
1830 Section 25. Section 53-2d-105 (Effective 07/01/24) is amended to read:
1831 53-2d-105 (Effective 07/01/24). Committee advisory duties.
1832 (1) The committee shall:
1833 (a) advise the department regarding trauma system needs throughout the state;
1834 (b) assist the department in evaluating the quality and outcomes of the overall trauma
1835 system;
1836 (c) review and comment on proposals and rules governing the statewide trauma
1837 system; and
1838 (d) make recommendations for the development of statewide triage, treatment,
1839 transportation, and transfer guidelines.
1840 (2) The committee shall adopt rules, with the concurrence of the bureau, in accordance
1841 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
1842 [
1843 53-2d-402;
1844 [
1845 [
1846 under Section 53-2d-403;
1847 [
1848 [
1849 [
1850 [
1851 the medical supervision of emergency medical service providers under Section 53-2d-403;
1852 [
1853 emergency medical dispatchers;
1854 [
1855 under Section 11-48-103; and
1856 [
1857 other sections of this chapter.
1858 Section 26. Section 53-2d-305 (Effective 07/01/24) is amended to read:
1859 53-2d-305 (Effective 07/01/24). Trauma center designations and guidelines.
1860 (1) The bureau, after seeking the advice of the [
1861 shall establish by rule:
1862 (a) trauma center designation requirements; and
1863 (b) model state guidelines for triage, treatment, transportation, and transfer of trauma
1864 patients to the most appropriate health care facility.
1865 (2) The bureau shall designate as a trauma center each hospital that:
1866 (a) voluntarily requests a trauma center designation; and
1867 (b) meets the applicable requirements established pursuant to Subsection (1).
1868 Section 27. Section 53-2d-903 (Effective 07/01/24) is amended to read:
1869 53-2d-903 (Effective 07/01/24). Stroke and cardiac registry advisory committee.
1870 (1) There is created within the bureau a stroke and cardiac registry advisory committee.
1871 (2) The stroke and cardiac registry advisory committee created in Subsection (1) shall:
1872 (a) be composed of at least five but no more than nine individuals knowledgeable in
1873 adult and pediatric stroke or cardiac care, including physicians, physician assistants, nurses,
1874 hospital administrators, emergency medical services personnel, government officials,
1875 consumers, and persons affiliated with professional health care associations;
1876 (b) advise the bureau regarding the development and implementation of the stroke
1877 registry created in Section [
1878 53-2d-902;
1879 (c) assist the bureau in evaluating the quality and outcomes of the stroke registry
1880 created in Section [
1881 53-2d-902; and
1882 (d) review and comment on proposals and rules governing the statewide stroke registry
1883 created in Section [
1884 53-2d-902.
1885 (3) (a) Except as provided in Subsection (3)(b), a member of the committee is
1886 appointed by the governor for a four-year term.
1887 (b) The governor:
1888 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
1889 ensure that the terms of committee members are staggered so that approximately half of the
1890 committee is appointed every two years; and
1891 (ii) may not reappoint a member for more than two consecutive terms.
1892 (c) When a vacancy occurs in the membership for any reason, the governor shall
1893 appoint the replacement for the unexpired term.
1894 Section 28. Section 53-9-102 is amended to read:
1895 53-9-102. Definitions.
1896 In this chapter, unless otherwise stated:
1897 (1) "Adequate records" means records containing, at a minimum, sufficient information
1898 to identify the client, the dates of service, the fee for service, the payments for service, the type
1899 of service given, and copies of any reports that may have been made.
1900 (2) "Advertising" means the submission of bids, contracting or making known by any
1901 public notice, publication, or solicitation of business, directly or indirectly, that services
1902 regulated under this chapter are available for consideration.
1903 (3) "Agency" means a person who holds an agency license pursuant to this chapter, and
1904 includes one who employs an individual for wages and salary, and withholds all legally
1905 required deductions and contributions, or contracts with a registrant or an apprentice on a
1906 part-time or case-by-case basis to conduct an investigation on behalf of the agency.
1907 (4) "Applicant" means any person who has submitted a completed application and all
1908 required fees.
1909 (5) "Apprentice" means a person who holds an apprentice license pursuant to this
1910 chapter, has not met the requirements for registration, and works under the direct supervision
1911 and guidance of an agency.
1912 (6) "Board" means the [
1913
1914 Section 53-11-104.
1915 (7) "Bureau" means the Bureau of Criminal Identification created in Section
1916 53-10-201.
1917 (8) "Commissioner" means the commissioner of the Department of Public Safety.
1918 (9) "Conviction" means an adjudication of guilt by a federal, state, or local court
1919 resulting from trial or plea, including a plea of no contest, regardless of whether the imposition
1920 of sentence was suspended.
1921 (10) "Department" means the Department of Public Safety.
1922 (11) "Direct supervision" means that the agency or employer:
1923 (a) is responsible for, and authorizes, the type and extent of work assigned;
1924 (b) reviews and approves all work produced by the apprentice before it goes to the
1925 client;
1926 (c) closely supervises and provides direction and guidance to the apprentice in the
1927 performance of his assigned work; and
1928 (d) is immediately available to the apprentice for verbal contact, including by
1929 electronic means.
1930 (12) "Emergency action" means a summary suspension of a license pending revocation,
1931 suspension, or probation in order to protect the public health, safety, or welfare.
1932 (13) "Employee" means an individual who works for an agency or other employer, is
1933 listed on the agency's or employer's payroll records, and is under the agency's or employer's
1934 direction and control. An employee is not an independent contractor.
1935 (14) "Identification card" means a card issued by the commissioner to a qualified
1936 applicant for an agency, registrant, or apprentice license.
1937 (15) "Letter of concern" means an advisory letter to notify a licensee that while there is
1938 insufficient evidence to support probation, suspension, or revocation of a license, the
1939 department informs the licensee of the need to modify or eliminate certain practices and that
1940 continuation of the activities that led to the information being submitted to the department may
1941 result in further disciplinary action against the licensee.
1942 (16) "Licensee" means a person to whom an agency, registrant, or apprentice license is
1943 issued by the department.
1944 (17) (a) "Private investigator or private detective" means any person, except collection
1945 agencies and credit reporting agencies, who, for consideration, engages in business or accepts
1946 employment to conduct any investigation for the purpose of obtaining information with
1947 reference to:
1948 (i) crime, wrongful acts, or threats against the United States or any state or territory of
1949 the United States;
1950 (ii) the identity, reputation, character, habits, conduct, business occupation, honesty,
1951 integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements,
1952 whereabouts, affiliations, associations, or transactions of any person or group of persons;
1953 (iii) the credibility of witnesses or other persons;
1954 (iv) the whereabouts of missing persons or owners of abandoned property;
1955 (v) the causes and origin of, or responsibility for a fire, libel, slander, a loss, an
1956 accident, damage, or an injury to real or personal property;
1957 (vi) the business of securing evidence to be used before investigating committees or
1958 boards of award or arbitration or in the trial of civil or criminal cases and the trial preparation;
1959 (vii) the prevention, detection, and removal of installed devices for eavesdropping or
1960 observation;
1961 (viii) the business of "skip tracing" persons who have become delinquent in their
1962 lawful debts, either when hired by an individual, collection agency, or through the direct
1963 purchase of the debt from a financial institution or entity owning the debt or judgment; or
1964 (ix) serving civil process.
1965 (b) "Private investigator or private detective" does not include:
1966 (i) any person or employee conducting an investigation on the person's or employee's
1967 own behalf or on behalf of the employer if the employer is not a private investigator under this
1968 chapter;
1969 (ii) an employee of an attorney licensed to practice law in this state; or
1970 (iii) a currently licensed certified public accountant or CPA as defined in Section
1971 58-26a-102.
1972 (18) "Qualifying party" means the individual meeting the qualifications under this
1973 chapter for a private investigator license.
1974 (19) "Registrant" means any person who holds a registrant license pursuant to this
1975 chapter. The registrant performs private investigative work either as an employee on an
1976 employer's payroll or, on a contract with an agency, part-time, or case-by-case basis, with a
1977 minimum amount of direction.
1978 (20) "Restructuring" means any change in the legal status of a business.
1979 (21) "Unprofessional conduct" means any of the following:
1980 (a) engaging or offering to engage by fraud or misrepresentation in any activities
1981 regulated by this chapter;
1982 (b) aiding or abetting a person who is not licensed pursuant to this chapter in
1983 representing that person as a private investigator or registrant in this state;
1984 (c) gross negligence in the practice of a private investigator or registrant;
1985 (d) failing or refusing to maintain adequate records and investigative findings on a
1986 subject of investigation or a client;
1987 (e) committing a felony or a misdemeanor involving any crime that is grounds for
1988 denial, suspension, or revocation of an agency, registrant, or apprentice license. In all cases,
1989 conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of
1990 the commission of the crime; or
1991 (f) making a fraudulent or untrue statement to the bureau, board, department, or its
1992 investigators, staff, or consultants.
1993 Section 29. Section 53-11-102 is amended to read:
1994 53-11-102. Definitions.
1995 As used in this chapter:
1996 (1) "Applicant" means a person who has submitted to the department a completed
1997 application and all required application and processing fees.
1998 (2) "Bail bond agency" means a bail enforcement agent licensed under this chapter who
1999 operates a business to carry out the functions of a bail enforcement agent, and to conduct this
2000 business:
2001 (a) employs one or more persons licensed under this chapter for wages or salary, and
2002 withholds all legally required deductions and contributions; or
2003 (b) contracts with a bail recovery agent or bail recovery apprentice on a part-time or
2004 case-by-case basis.
2005 (3) "Bail enforcement agent" means an individual licensed under this chapter as a bail
2006 enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil
2007 or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both,
2008 as is appropriate, and who:
2009 (a) is appointed by a bail bond surety; and
2010 (b) receives or is promised money or other things of value for this service.
2011 (4) "Bail recovery agent" means an individual employed by a bail enforcement agent to
2012 assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
2013 (a) presenting a defendant for required court appearances;
2014 (b) apprehending or surrendering a defendant to a court; or
2015 (c) keeping the defendant under necessary surveillance.
2016 (5) "Bail recovery apprentice" means any individual licensed under this chapter as a
2017 bail recovery apprentice, and who:
2018 (a) has not met the requirements for licensure as a bail recovery agent or bail
2019 enforcement agent; and
2020 (b) is employed by a bail enforcement agent, and works under the direct supervision of
2021 a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent,
2022 unless the bail recovery apprentice is conducting activities at the direction of the employing
2023 bail enforcement agent that under this chapter do not require direct supervision.
2024 (6) "Board" means the Bail Bond Recovery and Private Investigator Licensure Board
2025 created under Section 53-11-104.
2026 (7) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
2027 within the Department of Public Safety.
2028 (8) "Commissioner" means the commissioner of public safety as defined under Section
2029 53-1-107, or his designee.
2030 (9) "Contract employee" or "independent contractor" means a person who works for an
2031 agency as an independent contractor.
2032 (10) "Conviction" means an adjudication of guilt by a federal, state, or local court
2033 resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of
2034 whether the imposition of sentence was suspended.
2035 (11) "Department" means the Department of Public Safety.
2036 (12) "Direct supervision" means a bail enforcement agent employing or contracting
2037 with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that
2038 bail enforcement agent who:
2039 (a) takes responsibility for and assigns the work a bail recovery apprentice may
2040 conduct; and
2041 (b) closely supervises, within close physical proximity, and provides direction and
2042 guidance to the bail recovery apprentice regarding the assigned work.
2043 (13) "Emergency action" means a summary suspension of a license issued under this
2044 chapter pending revocation, suspension, or probation, in order to protect the public health,
2045 safety, or welfare.
2046 (14) "Identification card" means a card issued by the commissioner to an applicant
2047 qualified for licensure under this chapter.
2048 (15) "Letter of concern" means an advisory letter to notify a licensee that while there is
2049 insufficient evidence to support probation, suspension, or revocation of a license, the
2050 department believes:
2051 (a) the licensee should modify or eliminate certain practices; and
2052 (b) continuation of the activities that led to the information being submitted to the
2053 department may result in further disciplinary action against the license.
2054 (16) "Occupied structure" means any edifice, including residential and public
2055 buildings, vehicles, or any other structure that could reasonably be expected to house or shelter
2056 persons.
2057 (17) "Private investigator or private detective" means the same as that term is defined
2058 in Section 53-9-102.
2059 [
2060 for and authorizes the type and extent of work assigned to a bail recovery agent who is his
2061 employee or contract employee.
2062 [
2063 (a) engaging or offering to engage by fraud or misrepresentation in any activities
2064 regulated by this chapter;
2065 (b) aiding or abetting a person who is not licensed pursuant to this chapter in
2066 representing that person as a bail recovery agent in this state;
2067 (c) gross negligence in the practice of a bail recovery agent;
2068 (d) committing a felony or a misdemeanor involving any crime that is grounds for
2069 denial, suspension, or revocation of a bail recovery license, and conviction by a court of
2070 competent jurisdiction or a plea of no contest is conclusive evidence of the commission; or
2071 (e) making a fraudulent or untrue statement to the board, department, its investigators,
2072 or staff.
2073 Section 30. Section 53-11-104 is amended to read:
2074 53-11-104. Board.
2075 (1) [
2076 Recovery and Private Investigator Licensure Board consisting of [
2077 appointed by the commissioner.
2078 [
2079
2080
2081 (2) Each member of the board shall be a citizen of the United States and a resident of
2082 this state at the time of appointment:
2083 (a) one member shall be a person who is qualified for and is licensed under this
2084 chapter;
2085 (b) one member shall be a person who is qualified for and is licensed under Title 53,
2086 Chapter 9, Private Investigator Regulation Act;
2087 [
2088 [
2089 (e) one member shall be a supervisory investigator from the commissioner's office;
2090 [
2091 (g) one member shall be an owner of a private investigator agency;
2092 [
2093 (i) does not have a financial interest in a bail bond surety or bail bond recovery
2094 business; and
2095 (ii) does not have an immediate family member or a household member, or a personal
2096 or professional acquaintance who is licensed or registered under this chapter[
2097 (i) one member shall be a public member who:
2098 (i) does not have a financial interest in a private investigative agency; and
2099 (ii) does not have an immediate family member or a household member, or a personal
2100 professional acquaintance who is licensed or registered under Title 53, Chapter 9, Private
2101 Investigator Regulation Act.
2102 (3) (a) As terms of current board members expire, the commissioner shall appoint each
2103 new member or reappointed member to a four-year term, except as required by Subsection
2104 (3)(b).
2105 (b) The commissioner shall, at the time of appointment or reappointment, adjust the
2106 length of terms to ensure that the terms of board members are staggered so that approximately
2107 half of the board is appointed every two years.
2108 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
2109 appointed for the unexpired term.
2110 (5) At its first meeting every year, the board shall elect a chair and vice chair from its
2111 membership.
2112 (6) A member may not receive compensation or benefits for the member's service, but
2113 may receive per diem and travel expenses in accordance with:
2114 (a) Section 63A-3-106;
2115 (b) Section 63A-3-107; and
2116 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2117 63A-3-107.
2118 (7) A member may not serve more than one term, except that a member appointed to
2119 fill a vacancy or appointed for an initial term of less than four years under Subsection (3) may
2120 be reappointed for one additional full term.
2121 (8) The commissioner, after a board hearing and recommendation, may remove any
2122 member of the board for misconduct, incompetency, or neglect of duty.
2123 (9) Members of the board are immune from suit with respect to all acts done and
2124 actions taken in good faith in carrying out the purposes of this chapter.
2125 Section 31. Section 53-11-105 is amended to read:
2126 53-11-105. Powers and duties of board.
2127 (1) The board shall:
2128 (a) (i) review all applications for licensing and renewals of licenses submitted by the
2129 bureau under this chapter and Title 53, Chapter 9, Private Investigator Regulation Act; and
2130 (ii) approve or disapprove [
2131 (b) review all complaints and take disciplinary action; and
2132 (c) establish standards for and approve providers of courses required for licensure
2133 under this section.
2134 (2) The board may take and hear evidence, administer oaths and affirmations, and
2135 compel by subpoena the attendance of witnesses and the production of books, papers, records,
2136 documents, and other information relating to:
2137 (a) investigation of an applicant for licensure under this chapter or Title 53, Chapter 9,
2138 Private Investigator Regulation Act; or
2139 (b) a formal complaint against or department investigation of a bail enforcement agent,
2140 bail recovery agent, [
2141 Section 32. Section 53-11-106 is amended to read:
2142 53-11-106. Board meetings and hearings -- Quorum.
2143 (1) The board shall meet at the call of the chair, but not less often than once each
2144 quarter.
2145 (2) (a) A quorum consists of [
2146 (b) The action of a majority of a quorum constitutes an action of the board.
2147 (3) If a member has three or more unexcused absences within a 12-month period, the
2148 commissioner shall determine if that board member should be released from board duties.
2149 Section 33. Section 53B-28-402 is amended to read:
2150 53B-28-402. Campus safety study -- Report to Legislature.
2151 (1) As used in this section:
2152 (a) "Campus law enforcement" means a unit of an institution that provides public
2153 safety services.
2154 (b) (i) "Institution" means an institution of higher education described in Section
2155 53B-2-101.
2156 (ii) "Institution" includes an institution's campus law enforcement.
2157 (c) "Local law enforcement" means a state or local law enforcement agency other than
2158 campus law enforcement.
2159 (d) "Public safety services" means police services, security services, dispatch services,
2160 emergency services, or other similar services.
2161 (e) "Sexual violence" means the same as that term is defined in Section 53B-28-301.
2162 (f) "Special district" means the same as that term is defined in Section 17B-1-102.
2163 (g) "Special service district" means the same as that term is defined in Section
2164 17D-1-102.
2165 (h) "Student" means the same as that term is defined in Section 53B-28-301.
2166 (i) "Student organization" means the same as that term is defined in Section
2167 53B-28-401.
2168 (2) The board shall:
2169 (a) study issues related to providing public safety services on institution campuses,
2170 including:
2171 (i) policies and practices for hiring, supervision, and firing of campus law enforcement
2172 officers;
2173 (ii) training of campus law enforcement in responding to incidents of sexual violence
2174 or other crimes reported by or involving a student, including training related to lethality or
2175 similar assessments;
2176 (iii) how campus law enforcement and local law enforcement respond to reports of
2177 incidents of sexual violence or other crimes reported by or involving a student, including
2178 supportive measures for victims and disciplinary actions for perpetrators;
2179 (iv) training provided to faculty, staff, students, and student organizations on campus
2180 safety and prevention of sexual violence;
2181 (v) roles, responsibilities, jurisdiction, and authority of local law enforcement and
2182 campus law enforcement, including authority based on:
2183 (A) the type of public safety services provided; or
2184 (B) geographic boundaries;
2185 (vi) how an institution and local law enforcement coordinate to respond to on-campus
2186 and off-campus incidents requiring public safety services, including:
2187 (A) legal requirements or restrictions affecting coordination;
2188 (B) agreements, practices, or procedures governing coordination between an institution
2189 and local law enforcement, including mutual support, sharing information, or dispatch
2190 management; and
2191 (C) any issues that may affect the timeliness of a response to an on-campus or
2192 off-campus incident reported by or involving a student;
2193 (vii) infrastructure, staffing, and equipment considerations that impact the effectiveness
2194 of campus law enforcement or local law enforcement responses to an on-campus or off-campus
2195 incident reported by or involving a student;
2196 (viii) the benefits and disadvantages of an institution employing campus law
2197 enforcement compared to local law enforcement providing public safety services on an
2198 institution campus;
2199 (ix) an institution's compliance with federal and state crime statistic reporting
2200 requirements;
2201 (x) how an institution informs faculty, staff, and students about a crime or emergency
2202 on campus;
2203 (xi) national best practices for providing public safety services on institution campuses,
2204 including differences in best practices based on the size, infrastructure, location, and other
2205 relevant characteristics of a college or university; and
2206 (xii) any other issue the board determines is relevant to the study;
2207 (b) make recommendations for providing public safety services on institution campuses
2208 statewide;
2209 (c) produce a final report of the study described in this section, including the
2210 recommendations described in Subsection (2)(b); and
2211 (d) in accordance with Section 68-3-14, present the final report described in Subsection
2212 (2)(c) to the Education Interim Committee and the Law Enforcement and Criminal Justice
2213 Interim Committee at or before the committees' November 2021 meetings.
2214 (3) In carrying out the board's duties under this section, the board may coordinate with
2215 individuals and organizations with knowledge, expertise, or experience related to the board's
2216 duties under this section, including:
2217 (a) the Department of Health and Human Services;
2218 (b) the Utah Office for Victims of Crime;
2219 (c) the Utah [
2220 (d) institutions;
2221 (e) local law enforcement;
2222 (f) special districts or special service districts that provide 911 and emergency dispatch
2223 service; and
2224 (g) community and other non-governmental organizations.
2225 Section 34. Section 58-37f-203 is amended to read:
2226 58-37f-203. Submission, collection, and maintenance of data.
2227 (1) (a) The division shall implement on a statewide basis, including non-resident
2228 pharmacies as defined in Section 58-17b-102, the following two options for a pharmacist to
2229 submit information:
2230 (i) real-time submission of the information required to be submitted under this part to
2231 the controlled substance database; and
2232 (ii) 24-hour daily or next business day, whichever is later, batch submission of the
2233 information required to be submitted under this part to the controlled substance database.
2234 (b) A pharmacist shall comply with either:
2235 (i) the submission time requirements established by the division under Subsection
2236 (1)(a)(i); or
2237 (ii) the submission time requirements established by the division under Subsection
2238 (1)(a)(ii).
2239 (c) Notwithstanding the time requirements described in Subsection (1)(a), a pharmacist
2240 may submit corrections to data that the pharmacist has submitted to the controlled substance
2241 database within seven business days after the day on which the division notifies the pharmacist
2242 that data is incomplete or corrections to the data are otherwise necessary.
2243 (d) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
2244 (2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
2245 controlled substance is dispensed shall submit the data described in this section to the division
2246 in accordance with:
2247 (i) the requirements of this section;
2248 (ii) the procedures established by the division;
2249 (iii) additional types of information or data fields established by the division; and
2250 (iv) the format established by the division.
2251 (b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
2252 Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
2253 the provisions of this section and the dispensing medical practitioner shall assume the duties of
2254 the pharmacist under this chapter.
2255 (3) (a) Except as provided in Subsection (3)(b), the pharmacist-in-charge and the
2256 pharmacist described in Subsection (2)(a) shall, for each controlled substance dispensed by a
2257 pharmacist under the pharmacist's supervision, submit to the division any type of information
2258 or data field established by the division by rule in accordance with Subsection (6) regarding:
2259 (i) each controlled substance that is dispensed by the pharmacist or under the
2260 pharmacist's supervision; and
2261 (ii) each noncontrolled substance that is:
2262 (A) designated by the division under Subsection (8)(a); and
2263 (B) dispensed by the pharmacist or under the pharmacist's supervision.
2264 (b) Subsection (3)(a) does not apply to a drug that is dispensed for administration to, or
2265 use by, a patient at a health care facility, including a patient in an outpatient setting at the health
2266 care facility.
2267 (4) An individual whose records are in the database may obtain those records upon
2268 submission of a written request to the division.
2269 (5) (a) A patient whose record is in the database may contact the division in writing to
2270 request correction of any of the patient's database information that is incorrect.
2271 (b) The division shall grant or deny the request within 30 days from receipt of the
2272 request and shall advise the requesting patient of its decision within 35 days of receipt of the
2273 request.
2274 (c) If the division denies a request under this Subsection (5) or does not respond within
2275 35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
2276 after the patient's written request for a correction under this Subsection (5).
2277 (6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2278 Administrative Rulemaking Act, to establish submission requirements under this part,
2279 including:
2280 (a) electronic format;
2281 (b) submission procedures; and
2282 (c) required information and data fields.
2283 (7) The division shall ensure that the database system records and maintains for
2284 reference:
2285 (a) the identification of each individual who requests or receives information from the
2286 database;
2287 (b) the information provided to each individual; and
2288 (c) the date and time that the information is requested or provided.
2289 (8) (a) The division, in collaboration with the [
2290
2291 Fatality Advisory Committee created in Section 26B-1-403, shall designate a list of
2292 noncontrolled substances described in Subsection (8)(b) by rule made in accordance with Title
2293 63G, Chapter 3, Utah Administrative Rulemaking Act.
2294 (b) To determine whether a prescription drug should be designated in the schedules of
2295 controlled substances under this chapter, the division may collect information about a
2296 prescription drug as defined in Section 58-17b-102 that is not designated in the schedules of
2297 controlled substances under this chapter.
2298 Section 35. Section 63C-1-103 is enacted to read:
2299 63C-1-103. Appointment and terms of boards, committees, councils, and
2300 commissions transitioning on October 1, 2024.
2301 (1) As used in this section:
2302 (a) "Enacted committee" means:
2303 (i) the following committees enacted on October 1, 2024:
2304 (A) the Utah Arts and Museums Advisory Board created in Section 9-6-301;
2305 (B) the Controlled Substances Scheduling and Opioid Fatality Advisory Committee
2306 created in Section 26B-1-403;
2307 (C) the Public Safety Data Management Task Force created in Section 36-29-111;
2308 (D) the Bail Bond Recovery and Private Investigator Licensure Board created in
2309 Section 54-11-104;
2310 (E) the Trauma System and Emergency Medical Services Advisory Committee created
2311 in Section 53-2d-104; and
2312 (F) the Stroke and Cardiac Registry Advisory Committee created in Section 53-2d-903;
2313 and
2314 (ii) the following as constituted on or after October 1, 2024:
2315 (A) the Employment Advisory Council created in Subsection 35A-4-302(5);
2316 (B) the Emergency Management Administration Council created in Section 53-2a-105;
2317 and
2318 (C) the Utah Victim Services Commission created in Section 63M-7-902.
2319 (b) "Expired committee" means:
2320 (i) the following which, in accordance with Title 63I, Chapter 2, Repeal Dates by Title
2321 Act, repeal on October 1, 2024:
2322 (A) the Utah Museums Advisory Board created in Section 9-6-305;
2323 (B) the Controlled Substances Advisory Committee created in Section 58-38a-201;
2324 (C) the Domestic Violence Data Task Force created in Section 63C-29-201;
2325 (D) the Private Investigator Hearing and Licensure Board created in Section 53-9-104;
2326 (E) the Trauma System Advisory Committee created in Section 26B-1-406; and
2327 (F) the Cardiac Registry Advisory Committee created in Section 26B-1-408; and
2328 (ii) the following as constituted before October 1, 2024:
2329 (A) the Utah Arts Advisory Board created in Section 9-6-301;
2330 (B) the Opioid and Overdose Fatality Review Committee created in Section
2331 26B-1-403;
2332 (C) the Criminal Justice Data Management Task Force created in Section 36-29-111;
2333 (D) the Bail Bond Recovery Licensure Board created in Section 53-11-104;
2334 (E) the State Emergency Medical Services Committee created in Sections 26B-1-404
2335 and 53-2d-104;
2336 (F) the Stroke Registry Advisory Committee created in Sections 26B-1-407 and
2337 53-2d-903;
2338 (G) the Employment Advisory Council created in Subsection 35A-4-302(5);
2339 (H) the Emergency Management Administration Council created in Section 53-2a-105;
2340 and
2341 (I) the Utah Victim Services Commission created in Section 63M-7-902.
2342 (2) An individual who is appointed as a member of an expired committee is removed
2343 from the expired committee after September 30, 2024.
2344 (3) (a) On or after May 1, 2024, but before October 1, 2024, the appointing authority of
2345 an enacted committee may appoint a member to the enacted committee in accordance with the
2346 section governing appointment to the enacted committee.
2347 (b) (i) A member described in Subsection (3)(a) may not begin the individual's term of
2348 service on the enacted committee before October 1, 2024; and
2349 (ii) if applicable under the section governing appointment to the enacted committee,
2350 the Senate may provide advice and consent.
2351 (4) (a) Nothing in this section prevents an appointing authority from appointing an
2352 individual who is removed from an expired committee in accordance with Subsection (2) to an
2353 enacted committee if the individual's appointment meets the requirements of the section
2354 governing appointment to the enacted committee.
2355 (b) If an individual is removed from an expired committee under Subsection (2) and is
2356 then appointed to an enacted committee under Subsection (3)(a), and the appointed position has
2357 limited terms an individual may serve, the appointment under Subsection (3)(a) does not count
2358 as an additional term.
2359 Section 36. Section 63I-1-209 is amended to read:
2360 63I-1-209. Repeal dates: Title 9.
2361 [
2362
2363 [
2364
2365 [
2366 Museums Advisory Board, are repealed on July 1, 2029.
2367 (2) Section 9-9-405, which creates the Native American Remains Review Committee,
2368 is repealed July 1, 2025.
2369 [
2370 repealed July 1, 2026.
2371 Section 37. Section 63I-1-226 (Effective 07/01/24) is amended to read:
2372 63I-1-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
2373 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
2374 repealed July 1, 2025.
2375 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
2376 2024.
2377 (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
2378 January 1, 2025.
2379 (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
2380 repealed January 1, 2025.
2381 (5) Subsection 26B-1-324(4), the language that states "the Behavioral Health Crisis
2382 Response Commission, as defined in Section 63C-18-202," is repealed December 31, 2026.
2383 (6) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
2384 Commission, is repealed December 31, 2026.
2385 (7) Section 26B-1-402, related to the Rare Disease Advisory Council Grant Program, is
2386 repealed July 1, 2026.
2387 (8) Section 26B-1-403, which creates the Controlled Substances Scheduling and
2388 Opioid Fatality Advisory Committee, is repealed July 1, 2029.
2389 [
2390 Commission, is repealed July 1, 2025.
2391 [
2392 repealed July 1, 2025.
2393 [
2394 Program Advisory Council, is repealed July 1, 2025.
2395 [
2396 repealed July 1, 2025.
2397 [
2398 Pediatric Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
2399 [
2400 Council, is repealed July 1, 2029.
2401 [
2402 Marijuana, and Other Drug Prevention Program, is repealed July 1, 2025.
2403 [
2404 with Disabilities, is repealed July 1, 2027.
2405 [
2406 Council, is repealed July 1, 2023.
2407 [
2408 Committee, is repealed July 1, 2026.
2409 [
2410 Childhood Advisory Board, is repealed July 1, 2026.
2411 [
2412 repealed July 1, 2027.
2413 [
2414 hygienists, is repealed July 1, 2028.
2415 [
2416 Program, is repealed July 1, 2025.
2417 [
2418 Prevention Program, is repealed June 30, 2027.
2419 [
2420 Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
2421 2026.
2422 [
2423 Review Board, are repealed July 1, 2027.
2424 [
2425 1, 2024.
2426 [
2427 repealed July 1, 2024.
2428 [
2429 1, 2028.
2430 [
2431 2028.
2432 [
2433 July 1, 2025.
2434 [
2435 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
2436 is repealed December 31, 2026.
2437 [
2438 [
2439 Grant Program, is repealed December 31, 2026.
2440 [
2441 December 31, 2024.
2442 [
2443 [
2444 2024:
2445 (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
2446 (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
2447 repealed.
2448 [
2449 December 31, 2026:
2450 (a) Subsection 26B-5-609(1)(a) is repealed;
2451 (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
2452 the commission," is repealed;
2453 (c) Subsection 26B-5-610(1)(b) is repealed;
2454 (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
2455 commission," is repealed; and
2456 (e) Subsection 26B-5-610(4), the language that states "In consultation with the
2457 commission," is repealed.
2458 [
2459 Use and Mental Health Advisory Council, are repealed January 1, 2033.
2460 [
2461 programs, is repealed December 31, 2025.
2462 [
2463 outcomes of the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
2464 [
2465 and fatalities involving substance abuse, is repealed December 31, 2027.
2466 [
2467 2024.
2468 [
2469 health care, is repealed December 31, 2023.
2470 Section 38. Section 63I-1-235 is amended to read:
2471 63I-1-235. Repeal dates: Title 35A.
2472 (1) Subsection 35A-1-202(2)(d), related to the Child Care Advisory Committee, is
2473 repealed July 1, 2026.
2474 (2) Section 35A-3-205, which creates the Child Care Advisory Committee, is repealed
2475 July 1, 2026.
2476 (3) Subsection 35A-4-502(5), which creates the Employment Advisory Council, is
2477 repealed July 1, [
2478 (4) Title 35A, Chapter 9, Part 6, Education Savings Incentive Program, is repealed July
2479 1, 2028.
2480 [
2481
2482 [
2483 is repealed July 1, 2024.
2484 [
2485 Services for the Blind and Visually Impaired, is repealed July 1, 2025.
2486 [
2487 Certification Board, are repealed July 1, 2026.
2488 Section 39. Section 63I-1-236 is amended to read:
2489 63I-1-236. Repeal dates: Title 36.
2490 (1) Title 36, Chapter 17, Legislative Process Committee, is repealed January 1, 2028.
2491 (2) Section 36-29-111, creating the Public Safety Data Management Task Force, is
2492 repealed July 1, 2029.
2493 [
2494 January 1, 2025.
2495 [
2496 2028.
2497 [
2498 Section 40. Section 63I-1-253 (Superseded 07/01/24) is amended to read:
2499 63I-1-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.
2500 (1) Section 53-2a-105, which creates the Emergency Management Administration
2501 Council, is repealed July 1, [
2502 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2503 Board, are repealed July 1, 2027.
2504 (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
2505 July 1, 2024.
2506 (4) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
2507 repealed July 1, 2024.
2508 (5) Section 53B-7-709, regarding five-year performance goals for the Utah System of
2509 Higher Education is repealed July 1, 2027.
2510 (6) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
2511 July 1, 2028.
2512 (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
2513 (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
2514 repealed January 1, 2025.
2515 (9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
2516 (10) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
2517 Research Center, is repealed on July 1, 2028.
2518 (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
2519 from the Land Exchange Distribution Account to the Geological Survey for test wells and other
2520 hydrologic studies in the West Desert, is repealed July 1, 2030.
2521 (12) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
2522 custody, are repealed July 1, 2027.
2523 (13) In relation to a standards review committee, on January 1, 2028:
2524 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2525 recommendations of a standards review committee established under Section 53E-4-203" is
2526 repealed; and
2527 (b) Section 53E-4-203 is repealed.
2528 (14) Section 53E-4-402, which creates the State Instructional Materials Commission, is
2529 repealed July 1, 2027.
2530 (15) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
2531 repealed July 1, 2033.
2532 (16) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
2533 Program, is repealed July 1, 2024.
2534 (17) Section 53F-5-213 is repealed July 1, 2023.
2535 (18) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
2536 1, 2025.
2537 (19) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
2538 repealed July 1, 2025.
2539 (20) Section 53F-5-219, which creates the Local Innovations Civics Education Pilot
2540 Program, is repealed on July 1, 2025.
2541 (21) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
2542 Committee, is repealed July 1, 2024.
2543 (22) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
2544 Commission, are repealed January 1, 2025.
2545 (23) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.
2546 (24) Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed July 1,
2547 2027.
2548 Section 41. Section 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25) is amended to read:
2549 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25). Repeal dates: Titles 53 through
2550 53G.
2551 (1) Section 53-2a-105, which creates the Emergency Management Administration
2552 Council, is repealed July 1, [
2553 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2554 Board, are repealed July 1, 2027.
2555 (3) Section 53-2d-104, which creates the Trauma System and Emergency Medical
2556 Services Advisory Committee, is repealed on July 1, 2029.
2557 (4) Section 53-2d-703 is repealed July 1, 2027.
2558 (5) Section 53-2d-903, which creates the Stroke and Cardiac Registry Advisory
2559 Committee, is repealed July 1, 2029.
2560 [
2561 repealed July 1, 2024.
2562 (7) Section 53-11-104, which creates the Bail Bond Recovery and Private Investigator
2563 Licensure Board, is repealed July 1, 2029.
2564 [
2565 is repealed July 1, 2024.
2566 [
2567 System of Higher Education is repealed July 1, 2027.
2568 [
2569 repealed July 1, 2028.
2570 [
2571 2028.
2572 [
2573 Commission, is repealed January 1, 2025.
2574 [
2575 2028.
2576 [
2577 Infrastructure Research Center, is repealed on July 1, 2028.
2578 [
2579 money from the Land Exchange Distribution Account to the Geological Survey for test wells
2580 and other hydrologic studies in the West Desert, is repealed July 1, 2030.
2581 [
2582 youth in custody, are repealed July 1, 2027.
2583 [
2584 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2585 recommendations of a standards review committee established under Section 53E-4-203" is
2586 repealed; and
2587 (b) Section 53E-4-203 is repealed.
2588 [
2589 Commission, is repealed July 1, 2027.
2590 [
2591 Commission, is repealed July 1, 2033.
2592 [
2593 Pilot Program, is repealed July 1, 2024.
2594 [
2595 [
2596 repealed July 1, 2025.
2597 [
2598 repealed July 1, 2025.
2599 [
2600 Pilot Program, is repealed on July 1, 2025.
2601 [
2602 Account Committee, is repealed July 1, 2024.
2603 [
2604 Commission, are repealed January 1, 2025.
2605 [
2606 2027.
2607 [
2608 July 1, 2027.
2609 Section 42. Section 63I-1-253 (Contingently Effective 01/01/25) is amended to read:
2610 63I-1-253 (Contingently Effective 01/01/25). Repeal dates: Titles 53 through 53G.
2611 (1) Section 53-2a-105, which creates the Emergency Management Administration
2612 Council, is repealed July 1, [
2613 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2614 Board, are repealed July 1, 2027.
2615 (3) Section 53-2d-703 is repealed July 1, 2027.
2616 (4) Section 53-2d-903, which creates the Stroke and Cardiac Advisory Registry
2617 Advisory Committee, is repealed July 1, 2029.
2618 [
2619 repealed July 1, 2024.
2620 (6) Section 53-11-104, which creates the Bail Bond Recovery and Private Investigator
2621 Licensure Board, is repealed July 1, 2029.
2622 [
2623 is repealed July 1, 2024.
2624 [
2625 System of Higher Education is repealed July 1, 2027.
2626 [
2627 repealed July 1, 2028.
2628 [
2629 2028.
2630 [
2631 Commission, is repealed January 1, 2025.
2632 [
2633 2028.
2634 [
2635 Infrastructure Research Center, is repealed on July 1, 2028.
2636 [
2637 money from the Land Exchange Distribution Account to the Geological Survey for test wells
2638 and other hydrologic studies in the West Desert, is repealed July 1, 2030.
2639 [
2640 youth in custody, are repealed July 1, 2027.
2641 [
2642 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2643 recommendations of a standards review committee established under Section 53E-4-203" is
2644 repealed; and
2645 (b) Section 53E-4-203 is repealed.
2646 [
2647 Commission, is repealed July 1, 2027.
2648 [
2649 Commission, is repealed July 1, 2033.
2650 [
2651 Pilot Program, is repealed July 1, 2024.
2652 [
2653 [
2654 repealed July 1, 2025.
2655 [
2656 repealed July 1, 2025.
2657 [
2658 Pilot Program, is repealed on July 1, 2025.
2659 [
2660 loss in enrollment for certain fiscal years, is repealed on July 1, 2030.
2661 (b) On July 1, 2030, the Office of Legislative Research and General Counsel shall
2662 renumber the remaining subsections accordingly.
2663 [
2664 Account Committee, is repealed July 1, 2024.
2665 [
2666 Commission, are repealed January 1, 2025.
2667 [
2668 2027.
2669 [
2670 July 1, 2027.
2671 Section 43. Section 63I-1-263 is amended to read:
2672 63I-1-263. Repeal dates: Titles 63A through 63N.
2673 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
2674 improvement funding, is repealed July 1, 2024.
2675 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2676 2023.
2677 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
2678 Committee, are repealed July 1, 2023.
2679 (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
2680 1, 2028.
2681 (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2682 2025.
2683 (6) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2684 2024.
2685 (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
2686 repealed July 1, 2023.
2687 (8) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
2688 December 31, 2026.
2689 (9) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
2690 repealed July 1, 2026.
2691 (10) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
2692 (11) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
2693 [
2694
2695 [
2696 repealed on July 1, 2028.
2697 [
2698 Disabilities Advisory Board, is repealed July 1, 2026.
2699 [
2700 July 1, 2028.
2701 [
2702 July 1, 2024.
2703 [
2704 2026.
2705 [
2706 Commission, is repealed January 1, 2025.
2707 [
2708 Canyon, is repealed July 1, 2025.
2709 [
2710 Committee, is repealed July 1, 2027.
2711 [
2712 on January 1, 2033:
2713 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2714 repealed;
2715 (b) Section 63M-7-305, the language that states "council" is replaced with
2716 "commission";
2717 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
2718 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
2719 (d) Subsection 63M-7-305(2) is repealed and replaced with:
2720 "(2) The commission shall:
2721 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2722 Drug-Related Offenses Reform Act; and
2723 (b) coordinate the implementation of Section 77-18-104 and related provisions in
2724 Subsections 77-18-103(2)(c) and (d).".
2725 [
2726
2727 [
2728 July1, 2026.
2729 (22) Section 63M-7-902, which creates the Victim Services Commission, is repealed
2730 July 1, 2029.
2731 [
2732 2026.
2733 [
2734 repealed January 1, 2025.
2735 [
2736 [
2737 July 1, 2028.
2738 [
2739 repealed July 1, 2027.
2740 [
2741 Program, is repealed July 1, 2025.
2742 [
2743 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
2744 and
2745 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
2746 Program, is repealed.
2747 [
2748 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
2749 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
2750 repealed and replaced with "Utah Office of Tourism";
2751 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
2752 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
2753 approval from the Board of Tourism Development, is repealed; and
2754 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
2755 [
2756 Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
2757 is repealed on July 1, 2024.
2758 Section 44. Section 63I-2-209 is amended to read:
2759 63I-2-209. Repeal dates: Title 9.
2760 (1) Section 9-6-303 is repealed on October 1, 2024.
2761 (2) Sections 9-6-305 and 9-6-306, which create and describe the powers of the Utah
2762 Museums Advisory Board, are repealed on October 1, 2024.
2763 (3) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
2764 December 31, 2024.
2765 [
2766 repealed June 30, 2021.
2767 [
2768 Exchange Restricted Account Act, is repealed on July 1, 2024.
2769 [
2770 Account Act, is repealed on July 1, 2024.
2771 [
2772 Building Communities Restricted Account Act, is repealed on July 1, 2024.
2773 Section 45. Section 63I-2-226 (Superseded 07/01/24) is amended to read:
2774 63I-2-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
2775 (1) Subsection 26B-1-204(2)(e), related to the Air Ambulance Committee, is repealed
2776 July 1, 2024.
2777 (2) Section 26B-1-241 is repealed July 1, 2024.
2778 (3) Section 26B-1-302 is repealed on July 1, 2024.
2779 (4) Section 26B-1-313 is repealed on July 1, 2024.
2780 (5) Section 26B-1-314 is repealed on July 1, 2024.
2781 (6) Section 26B-1-321 is repealed on July 1, 2024.
2782 (7) Section 26B-1-405, related to the Air Ambulance Committee, is repealed on July 1,
2783 2024.
2784 (8) Section 26B-1-423, which creates the rural Physician Loan Repayment Program
2785 Advisory Committee, is repealed on July 1, 2026.
2786 [
2787
2788 (9) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2789 26B-2-231(1)(a) is amended to read:
2790 "(a) provide the patient or the patient's representative with the following information
2791 before contacting an air medical transport provider:
2792 (i) which health insurers in the state the air medical transport provider contracts with;
2793 (ii) if sufficient data is available, the average charge for air medical transport services
2794 for a patient who is uninsured or out of network; and
2795 (iii) whether the air medical transport provider balance bills a patient for any charge not
2796 paid by the patient's health insurer; and".
2797 (10) Section 26B-3-142 is repealed July 1, 2024.
2798 (11) Subsection 26B-3-215(5), related to reporting on coverage for in vitro fertilization
2799 and genetic testing, is repealed July 1, 2030.
2800 (12) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2801 26B-4-135(1)(a) is amended to read:
2802 "(a) provide the patient or the patient's representative with the following information
2803 before contacting an air medical transport provider:
2804 (i) which health insurers in the state the air medical transport provider contracts with;
2805 (ii) if sufficient data is available, the average charge for air medical transport services
2806 for a patient who is uninsured or out of network; and
2807 (iii) whether the air medical transport provider balance bills a patient for any charge not
2808 paid by the patient's health insurer; and".
2809 (13) Section 26B-4-702, related to the Utah Health Care Workforce Financial
2810 Assistance Program, is repealed July 1, 2027.
2811 (14) Subsections 26B-4-703(3)(b), (3)(c)(i) and (ii), and (6)(b) are repealed on July 1,
2812 2026.
2813 [
2814 programs, is repealed January 2, 2025.
2815 [
2816 exchange and education, is repealed January 1, 2027.
2817 [
2818 2025.
2819 Section 46. Section 63I-2-226 (Effective 07/01/24) is amended to read:
2820 63I-2-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
2821 (1) Section 26B-1-241 is repealed July 1, 2024.
2822 (2) Section 26B-1-302 is repealed on July 1, 2024.
2823 (3) Section 26B-1-313 is repealed on July 1, 2024.
2824 (4) Section 26B-1-314 is repealed on July 1, 2024.
2825 (5) Section 26B-1-321 is repealed on July 1, 2024.
2826 (6) Section 26B-1-423, which creates the rural Physician Loan Repayment Program
2827 Advisory Committee, is repealed on July 1, 2026.
2828 [
2829
2830 (7) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2831 26B-2-231(1)(a) is amended to read:
2832 "(a) provide the patient or the patient's representative with the following information
2833 before contacting an air medical transport provider:
2834 (i) which health insurers in the state the air medical transport provider contracts with;
2835 (ii) if sufficient data is available, the average charge for air medical transport services
2836 for a patient who is uninsured or out of network; and
2837 (iii) whether the air medical transport provider balance bills a patient for any charge not
2838 paid by the patient's health insurer; and".
2839 (8) Section 26B-3-142 is repealed July 1, 2024.
2840 (9) Subsection 26B-3-215(5), related to reporting on coverage for in vitro fertilization
2841 and genetic testing, is repealed July 1, 2030.
2842 (10) Section 26B-4-702, related to the Utah Health Care Workforce Financial
2843 Assistance Program, is repealed July 1, 2027.
2844 (11) Subsections 26B-4-703(3)(b), (3)(c)(i) and (ii), and (6)(b) are repealed on July 1,
2845 2026.
2846 [
2847 programs, is repealed January 2, 2025.
2848 [
2849 exchange and education, is repealed January 1, 2027.
2850 [
2851 2025.
2852 Section 47. Section 63I-2-235 is amended to read:
2853 63I-2-235. Repeal dates: Title 35A.
2854 (1) Section 35A-1-104.6 is repealed June 30, 2022.
2855 (2) Section 35A-3-212 is repealed June 30, 2025.
2856 (3) Sections 35A-13-301 and 35A-13-302, which create the Governor's Committee on
2857 Employment of People with Disabilities, are repealed on October 1, 2024.
2858 Section 48. Section 63I-2-236 is amended to read:
2859 63I-2-236. Repeal dates: Title 36.
2860 (1) Section 36-12-8.2 is repealed July 1, 2024.
2861 (2) Section 36-29-107.5 is repealed on November 30, 2024.
2862 (3) Section 36-29-109 is repealed on November 30, 2027.
2863 (4) Section 36-29-110 is repealed on November 30, 2024.
2864 [
2865 [
2866 January 1, 2024:
2867 (a) Section 36-29-201;
2868 (b) Section 36-29-202; and
2869 (c) Section 36-29-203.
2870 [
2871 repealed December 31, 2023.
2872 Section 49. Section 63I-2-253 (Effective 07/01/24) is amended to read:
2873 63I-2-253 (Effective 07/01/24). Repeal dates: Titles 53 through 53G.
2874 (1) Subsection 53-1-104(1)(b), regarding the Air Ambulance Committee, is repealed
2875 July 1, 2024.
2876 (2) Section 53-1-118 is repealed on July 1, 2024.
2877 (3) Section 53-1-120 is repealed on July 1, 2024.
2878 (4) Section 53-2a-303 is repealed on October 1, 2024.
2879 [
2880 1, 2024.
2881 (6) Section 53-2d-302, which creates the Trauma System Advisory Committee, is
2882 repealed on October 1, 2024.
2883 (7) Section 53-2d-904, which creates the Cardiac Registry Advisory Committee, is
2884 repealed on October 1, 2024.
2885 [
2886 53-2d-702(1)(a) is amended to read:
2887 "(a) provide the patient or the patient's representative with the following information
2888 before contacting an air medical transport provider:
2889 (i) which health insurers in the state the air medical transport provider contracts with;
2890 (ii) if sufficient data is available, the average charge for air medical transport services
2891 for a patient who is uninsured or out of network; and
2892 (iii) whether the air medical transport provider balance bills a patient for any charge not
2893 paid by the patient's health insurer; and".
2894 [
2895 (10) Sections 53-9-104, 53-9-105, and 53-9-106, which create and establish the duties
2896 of the Private Investigator Hearing and Licensure Board, are repealed on October 1, 2024.
2897 [
2898 [
2899 [
2900 repealed July 1, 2023.
2901 [
2902 [
2903 repealed on July 1, 2023:
2904 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2905 established under Sections 53B-8-202 through 53B-8-205";
2906 (b) Section 53B-8-202;
2907 (c) Section 53B-8-203;
2908 (d) Section 53B-8-204; and
2909 (e) Section 53B-8-205.
2910 [
2911 [
2912 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2913 [
2914 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2915 [
2916 is repealed July 1, 2024.
2917 [
2918 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2919 [
2920 is repealed July 1, 2024.
2921 [
2922 program, is repealed July 1, 2028.
2923 [
2924 [
2925 [
2926 Legislative Research and General Counsel shall, in addition to the office's authority under
2927 Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
2928 in this section are complete sentences and accurately reflect the office's perception of the
2929 Legislature's intent.
2930 Section 50. Section 63I-2-258 is amended to read:
2931 63I-2-258. Repeal dates: Title 58.
2932 Title 58, Chapter 38a, Controlled Substances Advisory Committee Act, is repealed
2933 October 1, 2024.
2934 Section 51. Section 63I-2-263 is amended to read:
2935 63I-2-263. Repeal dates: Title 63A through Title 63N.
2936 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
2937 Procurement Advisory Council is repealed July 1, 2025.
2938 (2) Section 63A-17-303 is repealed July 1, 2023.
2939 (3) Section 63A-17-806 is repealed June 30, 2026.
2940 (4) Section 63C-1-103 is repealed January 1, 2025.
2941 [
2942 Commission is repealed July 1, 2023.
2943 (6) Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed October 1,
2944 2024.
2945 [
2946 [
2947 safety communications network, is repealed July 1, 2033.
2948 [
2949 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
2950 (10) Sections 63M-7-504 and 63M-7-505, which create and establish the duties of the
2951 Crime Victim Reparations and Assistance Board, are repealed October 1, 2024.
2952 (11) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed
2953 October 1, 2024.
2954 [
2955 taxable year as the targeted business income tax credit, is repealed December 31, 2024.
2956 [
2957 Enterprise Zone, is repealed December 31, 2024.
2958 Section 52. Section 63M-7-202 is amended to read:
2959 63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
2960 United States Attorney as nonvoting member.
2961 (1) The State Commission on Criminal and Juvenile Justice is composed of [
2962 voting members as follows:
2963 (a) the chief justice of the supreme court, as the presiding officer of the judicial
2964 council, or a judge designated by the chief justice;
2965 (b) the state court administrator or the state court administrator's designee;
2966 (c) the executive director of the Department of Corrections or the executive director's
2967 designee;
2968 (d) the executive director of the Department of Health and Human Services or the
2969 executive director's designee;
2970 (e) the commissioner of the Department of Public Safety or the commissioner's
2971 designee;
2972 (f) the attorney general or an attorney designated by the attorney general;
2973 (g) the president of the chiefs of police association or a chief of police designated by
2974 the association's president;
2975 (h) the president of the sheriffs' association or a sheriff designated by the association's
2976 president;
2977 (i) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
2978 and Parole designated by the chair;
2979 (j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
2980 Commission designated by the chair;
2981 (k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
2982 member of the Utah Substance Use and Mental Health Advisory Council designated by the
2983 chair;
2984 (l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
2985 Juvenile Justice designated by the chair;
2986 (m) the chair of the Utah Victim Services Commission or a member of the Utah Victim
2987 Services Commission designated by the chair;
2988 [
2989
2990 [
2991 attorney designated by the executive director;
2992 [
2993 Indigent Defense Commission designated by the chair;
2994 [
2995 attorney; and
2996 [
2997 (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
2998 Judicial Council;
2999 (ii) a representative of the statewide association of public attorneys designated by the
3000 association's officers;
3001 (iii) one member of the House of Representatives who is appointed by the speaker of
3002 the House of Representatives; and
3003 (iv) one member of the Senate who is appointed by the president of the Senate.
3004 (2) The governor shall appoint the remaining five members to four-year staggered
3005 terms as follows:
3006 (a) one criminal defense attorney appointed from a list of three nominees submitted by
3007 the Utah State Bar Association;
3008 (b) one attorney who primarily represents juveniles in delinquency matters appointed
3009 from a list of three nominees submitted by the Utah Bar Association;
3010 (c) one representative of public education;
3011 (d) one citizen representative; and
3012 (e) a representative from a local faith who has experience with the criminal justice
3013 system.
3014 (3) In addition to the members designated under Subsections (1) and (2), the United
3015 States Attorney for the district of Utah or an attorney designated by the United States Attorney
3016 may serve as a nonvoting member.
3017 (4) In appointing the members under Subsection (2), the governor shall take into
3018 account the geographical makeup of the commission.
3019 Section 53. Section 63M-7-204 is amended to read:
3020 63M-7-204. Duties of commission.
3021 (1) The State Commission on Criminal and Juvenile Justice administration shall:
3022 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
3023 (b) promote the communication and coordination of all criminal and juvenile justice
3024 agencies;
3025 (c) study, evaluate, and report on the status of crime in the state and on the
3026 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
3027 reduction of crime in the state;
3028 (d) study, evaluate, and report on programs initiated by state and local agencies to
3029 address reducing recidivism, including changes in penalties and sentencing guidelines intended
3030 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
3031 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
3032 alternative to incarceration, as resources allow;
3033 (e) study, evaluate, and report on policies, procedures, and programs of other
3034 jurisdictions which have effectively reduced crime;
3035 (f) identify and promote the implementation of specific policies and programs the
3036 commission determines will significantly reduce crime in Utah;
3037 (g) provide analysis and recommendations on all criminal and juvenile justice
3038 legislation, state budget, and facility requests, including program and fiscal impact on all
3039 components of the criminal and juvenile justice system;
3040 (h) provide analysis, accountability, recommendations, and supervision for state and
3041 federal criminal justice grant money;
3042 (i) provide public information on the criminal and juvenile justice system and give
3043 technical assistance to agencies or local units of government on methods to promote public
3044 awareness;
3045 (j) promote research and program evaluation as an integral part of the criminal and
3046 juvenile justice system;
3047 (k) provide a comprehensive criminal justice plan annually;
3048 (l) review agency forecasts regarding future demands on the criminal and juvenile
3049 justice systems, including specific projections for secure bed space;
3050 (m) promote the development of criminal and juvenile justice information systems that
3051 are consistent with common standards for data storage and are capable of appropriately sharing
3052 information with other criminal justice information systems by:
3053 (i) developing and maintaining common data standards for use by all state criminal
3054 justice agencies;
3055 (ii) annually performing audits of criminal history record information maintained by
3056 state criminal justice agencies to assess their accuracy, completeness, and adherence to
3057 standards;
3058 (iii) defining and developing state and local programs and projects associated with the
3059 improvement of information management for law enforcement and the administration of
3060 justice; and
3061 (iv) establishing general policies concerning criminal and juvenile justice information
3062 systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
3063 Subsection (1)(m);
3064 (n) allocate and administer grants, from money made available, for approved education
3065 programs to help prevent the sexual exploitation of children;
3066 (o) allocate and administer grants for law enforcement operations and programs related
3067 to reducing illegal drug activity and related criminal activity;
3068 (p) request, receive, and evaluate data and recommendations collected and reported by
3069 agencies and contractors related to policies recommended by the commission regarding
3070 recidivism reduction, including the data described in Section 13-53-111 and Subsection
3071 26B-5-102(2)(l);
3072 (q) establish and administer a performance incentive grant program that allocates funds
3073 appropriated by the Legislature to programs and practices implemented by counties that reduce
3074 recidivism and reduce the number of offenders per capita who are incarcerated;
3075 (r) oversee or designate an entity to oversee the implementation of juvenile justice
3076 reforms;
3077 (s) make rules and administer the juvenile holding room standards and juvenile jail
3078 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
3079 pursuant to 42 U.S.C. Sec. 5633;
3080 (t) allocate and administer grants, from money made available, for pilot qualifying
3081 education programs;
3082 [
3083 [
3084 agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
3085 and 78A-2-109.5;
3086 [
3087 Committee on the progress made on each of the following goals of the Justice Reinvestment
3088 Initiative:
3089 (i) ensuring oversight and accountability;
3090 (ii) supporting local corrections systems;
3091 (iii) improving and expanding reentry and treatment services; and
3092 (iv) strengthening probation and parole supervision;
3093 [
3094 under Section 13-53-111 and Subsection 26B-5-102(2)(n) that:
3095 (i) separates the data provided under Section 13-53-111 by each residential, vocational
3096 and life skills program; and
3097 (ii) separates the data provided under Subsection 26B-5-102(2)(n) by each mental
3098 health or substance use treatment program;
3099 [
3100 website and annually provide the report to the Judiciary Interim Committee, the Health and
3101 Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
3102 Committee, and the related appropriations subcommittees; [
3103 [
3104 under:
3105 (i) Section 53-23-101;
3106 (ii) Section 53-24-102; and
3107 (iii) Section 53-26-101; and
3108 (z) review, research, advise, and make recommendations to the three branches of
3109 government regarding evidence-based sex offense management policies and practices,
3110 including supervision standards, treatment standards, and the sex offender registry.
3111 (2) If the commission designates an entity under Subsection (1)(r), the commission
3112 shall ensure that the membership of the entity includes representation from the three branches
3113 of government and, as determined by the commission, representation from relevant stakeholder
3114 groups across all parts of the juvenile justice system, including county representation.
3115 Section 54. Section 63M-7-502 is amended to read:
3116 63M-7-502. Definitions.
3117 As used in this part:
3118 (1) "Accomplice" means an individual who has engaged in criminal conduct as
3119 described in Section 76-2-202.
3120 (2) "Advocacy services provider" means the same as that term is defined in Section
3121 77-38-403.
3122 [
3123
3124 [
3125 condition.
3126 [
3127 (a) a victim;
3128 (b) a dependent of a deceased victim; or
3129 (c) an individual or representative who files a reparations claim on behalf of a victim.
3130 [
3131 [
3132 loss otherwise reparable under this part that the victim or claimant has received, or that is
3133 readily available to the victim from:
3134 (a) the offender;
3135 (b) the insurance of the offender or the victim;
3136 (c) the United States government or any of its agencies, a state or any of its political
3137 subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
3138 state-funded programs;
3139 (d) social security, Medicare, and Medicaid;
3140 (e) state-required temporary nonoccupational income replacement insurance or
3141 disability income insurance;
3142 (f) workers' compensation;
3143 (g) wage continuation programs of any employer;
3144 (h) proceeds of a contract of insurance payable to the victim for the loss the victim
3145 sustained because of the criminally injurious conduct;
3146 (i) a contract providing prepaid hospital and other health care services or benefits for
3147 disability; or
3148 (j) veteran's benefits, including veteran's hospitalization benefits.
3149 [
3150 defined in Section 77-38-403.
3151 [
3152 declared means conduct that:
3153 (i) is or would be subject to prosecution in this state under Section 76-1-201;
3154 (ii) occurs or is attempted;
3155 (iii) causes, or poses a substantial threat of causing, bodily injury or death;
3156 (iv) is punishable by fine, imprisonment, or death if the individual engaging in the
3157 conduct possessed the capacity to commit the conduct; and
3158 (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
3159 aircraft, or water craft, unless the conduct is:
3160 (A) intended to cause bodily injury or death;
3161 (B) punishable under Title 76, Chapter 5, Offenses Against the Individual; or
3162 (C) chargeable as an offense for driving under the influence of alcohol or drugs.
3163 (b) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
3164 other conduct leading to the psychological injury of an individual resulting from living in a
3165 setting that involves a bigamous relationship.
3166 [
3167 partially legally responsible for care or support.
3168 (b) "Dependent" includes a child of the victim born after the victim's death.
3169 [
3170 contributions of things of economic value to the victim's dependent, not including services the
3171 dependent would have received from the victim if the victim had not suffered the fatal injury,
3172 less expenses of the dependent avoided by reason of victim's death.
3173 [
3174 necessarily incurred by the dependent after the victim's death in obtaining services in lieu of
3175 those the decedent would have performed for the victim's benefit if the victim had not suffered
3176 the fatal injury, less expenses of the dependent avoided by reason of the victim's death and not
3177 subtracted in calculating the dependent's economic loss.
3178 [
3179 [
3180 punishment to be imposed upon an individual:
3181 (a) convicted of a crime;
3182 (b) found delinquent; or
3183 (c) against whom a finding of sufficient facts for conviction or finding of delinquency
3184 is made.
3185 [
3186 allowable expense, work loss, replacement services loss, and if injury causes death, dependent's
3187 economic loss and dependent's replacement service loss.
3188 (b) "Economic loss" includes economic detriment even if caused by pain and suffering
3189 or physical impairment.
3190 (c) "Economic loss" does not include noneconomic detriment.
3191 [
3192 is a victim.
3193 [
3194 misrepresentation of fact and intended to deceive the reparations staff for the purpose of
3195 obtaining reparation funds for which the claimant is not eligible.
3196 [
3197 63M-7-526.
3198 [
3199 harm, or a threat of violence or physical harm, that is committed by an individual who is or has
3200 been in a domestic, dating, sexual, or intimate relationship with the victim.
3201 (b) "Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
3202 described in Subsection [
3203 [
3204 Section 53-13-103.
3205 [
3206 document criminally injurious conduct.
3207 (b) "Medical examination" does not include mental health evaluations for the
3208 prosecution and investigation of a crime.
3209 [
3210 necessitated as a result of criminally injurious conduct, is subject to rules made by the [
3211 office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3212 [
3213 injury or death of the victim as provided by rules made by the [
3214 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3215 [
3216 impairment, and other nonpecuniary damage, except as provided in this part.
3217 [
3218 term is defined in Section 77-38-403.
3219 [
3220 except as otherwise provided in this part.
3221 [
3222 Code, through criminally injurious conduct regardless of whether the individual is arrested,
3223 prosecuted, or convicted.
3224 [
3225 [
3226 other staff employed for the purpose of carrying out the provisions of this part.
3227 [
3228 criminally injurious conduct.
3229 [
3230 or to another on behalf of a claimant after the day on which a reparations claim is approved by
3231 the office.
3232 [
3233 office for a reparations award.
3234 [
3235 investigate claims of victims and award reparations under this part.
3236 (b) "Reparations officer" includes the director when the director is acting as a
3237 reparations officer.
3238 [
3239 incurred in obtaining ordinary and necessary services in lieu of those the injured individual
3240 would have performed, not for income but the benefit of the injured individual or the injured
3241 individual's dependents if the injured individual had not been injured.
3242 [
3243 guardian, attorney, conservator, executor, or an heir of an individual.
3244 (b) "Representative" does not include a service provider or collateral source.
3245 [
3246 [
3247 the criminally injurious conduct subject to rules made by the [
3248 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3249 [
3250 a victim for a monetary fee, except attorneys as provided in Section 63M-7-524.
3251 [
3252 76-1-101.5.
3253 [
3254 5, Part 4, Sexual Offenses.
3255 [
3256 violence that:
3257 (a) impedes breathing or the circulation of blood; and
3258 (b) is likely to produce a loss of consciousness by:
3259 (i) applying pressure to the neck or throat of an individual; or
3260 (ii) obstructing the nose, mouth, or airway of an individual.
3261 [
3262 Section 76-1-101.5.
3263 [
3264 or death as a direct result of:
3265 (i) criminally injurious conduct; or
3266 (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201.1 if
3267 the individual is a minor.
3268 (b) "Victim" does not include an individual who participated in or observed the judicial
3269 proceedings against an offender unless otherwise provided by statute or rule made in
3270 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3271 [
3272 have performed if the injured victim had not been injured and expenses reasonably incurred by
3273 the injured victim in obtaining services in lieu of those the injured victim would have
3274 performed for income, reduced by any income from substitute work the injured victim was
3275 capable of performing but unreasonably failed to undertake.
3276 Section 55. Section 63M-7-506 is amended to read:
3277 63M-7-506. Duties of the office.
3278 (1) The [
3279 [
3280 [
3281 [
3282 and Juvenile Justice, adopt rules to implement and administer this part in accordance with Title
3283 63G, Chapter 3, Utah Administrative Rulemaking Act, which may include setting of ceilings
3284 on reparations, defining of terms not specifically stated in this part, and establishing of rules
3285 governing attorney fees;
3286 [
3287 [
3288
3289 [
3290 and the board's activities;
3291 [
3292 standards for the uniform application of Section 63M-7-509, taking into consideration the rates
3293 and amounts of reparation payable for injuries and death under other laws of this state and the
3294 United States;
3295 [
3296 for reparations claims;
3297 [
3298 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, once
3299 a sufficient reserve has been established for reparation claims; and
3300 [
3301 on Criminal and Juvenile Justice, allocate and disburse funds made available to the office by
3302 the United States, the state, foundations, corporations, or other entities or individuals to
3303 subgrantees from private, non-profit, and governmental entities operating qualified statewide
3304 assistance programs.
3305 (2) All rules, or other statements of policy, along with application forms specified by
3306 the [
3307 and other staff.
3308 Section 56. Section 63M-7-507 is amended to read:
3309 63M-7-507. Director -- Appointment and functions -- Office duties.
3310 (1) The executive director of the Commission on Criminal and Juvenile Justice[
3311
3312 (2) The director shall:
3313 (a) be an experienced administrator with a background in at least one of the following
3314 fields:
3315 (i) social work;
3316 (ii) psychology;
3317 (iii) criminal justice;
3318 (iv) law; or
3319 (v) another field related to the fields described in Subsections (2)(a)(i) through (iv);
3320 (b) demonstrate an understanding of the needs of crime victims and of services to
3321 victims; and
3322 (c) devote the director's time and capacity to the director's duties.
3323 (3) In addition to the requirements under Subsection (2), the director shall:
3324 (a) hire staff, including reparations and assistance officers, as necessary;
3325 (b) act when necessary as a reparations officer in deciding an initial reparations claim;
3326 (c) possess the same investigation and decision-making authority as the reparations
3327 officers;
3328 (d) hear appeals from the decisions of the reparations officers, unless the director acted
3329 as a reparations officer on the initial reparations claim;
3330 [
3331 [
3332 [
3333 by the staff of the [
3334 [
3335 the funds in the fund to be invested and the fund's investments sold or exchanged and the
3336 proceeds and income collected;
3337 [
3338 in conformance with policies adopted by the [
3339 the United States, the state, foundations, corporations, and other businesses, agencies, or
3340 individuals;
3341 [
3342 and
3343 [
3344
3345 (4) The director may request assistance from the Commission on Criminal and Juvenile
3346 Justice, the Department of Public Safety, and other state agencies in conducting research or
3347 monitoring victims' programs.
3348 Section 57. Section 63M-7-508 is amended to read:
3349 63M-7-508. Reparations officers.
3350 The reparations officers shall in addition to any assignments made by the director:
3351 (1) hear and determine all matters relating to a reparations claim and reinvestigate or
3352 reopen a reparations claim without regard to statutes of limitation or periods of prescription;
3353 (2) obtain from prosecuting attorneys, law enforcement officers, and other criminal
3354 justice agencies, investigations and data to enable the reparations officer to determine whether
3355 and to what extent a claimant qualifies for reparations;
3356 (3) as determined necessary by the reparations officers, hold hearings, administer oaths
3357 or affirmations, examine any individual under oath or affirmation, issue subpoenas requiring
3358 the attendance and giving of testimony of witnesses, require the production of any books,
3359 papers, documents, or other evidence which may contribute to the reparations officer's ability
3360 to determine particular reparation awards;
3361 (4) determine who is a victim or dependent;
3362 (5) award reparations or other benefits determined to be due under this part and the
3363 rules of the [
3364 Rulemaking Act;
3365 (6) take notice of judicially recognized facts and general, technical, and scientific facts
3366 within the reparations officers' specialized knowledge;
3367 (7) advise and assist [
3368 and interests of crime victims;
3369 (8) render periodic reports as requested by the [
3370 Juvenile Justice concerning:
3371 (a) the reparations officers' activities; and
3372 (b) the manner in which the rights, needs, and interests of crime victims are being
3373 addressed by the state's criminal justice system;
3374 (9) establish priorities for assisting elderly victims of crime or those victims facing
3375 extraordinary hardships;
3376 (10) cooperate with the State Commission on Criminal and Juvenile Justice to develop
3377 information regarding crime victims' problems and programs; and
3378 (11) assist the director in publicizing the provisions of the office, including the
3379 procedures for obtaining reparation, and in encouraging law enforcement agencies, health
3380 providers, and other related officials to take reasonable care to ensure that victims are informed
3381 about the provisions of this part and the procedure for applying for reparation.
3382 Section 58. Section 63M-7-511 is amended to read:
3383 63M-7-511. Compensable losses and amounts.
3384 A reparations award under this part may be made if:
3385 (1) the reparations officer finds the reparations claim satisfies the requirements for the
3386 reparations award under the provisions of this part and the rules of the [
3387 (2) money is available in the fund;
3388 (3) the individual for whom the reparations award is to be paid is otherwise eligible
3389 under this part; and
3390 (4) the reparations claim is for an allowable expense incurred by the victim, as follows:
3391 (a) reasonable and necessary charges incurred for products, services, and
3392 accommodations;
3393 (b) inpatient and outpatient medical treatment and physical therapy, subject to rules
3394 made by the [
3395 Rulemaking Act;
3396 (c) mental health counseling that:
3397 (i) is set forth in a mental health treatment plan that is approved before any payment is
3398 made by a reparations officer; and
3399 (ii) qualifies within any further rules made by the [
3400 Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
3401 (d) actual loss of past earnings and anticipated loss of future earnings because of a
3402 death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the
3403 individual's weekly gross salary or wages or the maximum amount allowed under the state
3404 workers' compensation statute;
3405 (e) care of minor children enabling a victim or spouse of a victim, but not both, to
3406 continue gainful employment at a rate per child per week as determined under rules established
3407 by the [
3408 Rulemaking Act;
3409 (f) funeral and burial expenses for death caused by the criminally injurious conduct,
3410 subject to rules made by the [
3411 Administrative Rulemaking Act;
3412 (g) loss of support to a dependent not otherwise compensated for a pecuniary loss for
3413 personal injury, for as long as the dependence would have existed had the victim survived, at a
3414 rate not to exceed 66-2/3% of the individual's weekly salary or wages or the maximum amount
3415 allowed under the state workers' compensation statute, whichever is less;
3416 (h) personal property necessary and essential to the health or safety of the victim as
3417 defined by rules made by the [
3418 Administrative Rulemaking Act;
3419 (i) medical examinations, subject to rules made by the [
3420 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may allow for
3421 exemptions from Sections 63M-7-509, 63M-7-512, and 63M-7-513; and
3422 (j) for a victim of sexual assault who becomes pregnant from the sexual assault, health
3423 care:
3424 (i) for the victim during the duration of the victim's pregnancy if the health care is
3425 related to or resulting from the sexual assault or the pregnancy; and
3426 (ii) for the victim and the victim's child for one year after the day on which the victim's
3427 child is born.
3428 Section 59. Section 63M-7-516 is amended to read:
3429 63M-7-516. Waiver of privilege.
3430 (1) (a) A victim who is a claimant waives any privilege as to communications or
3431 records relevant to an issue of the physical, mental, or emotional conditions of the victim
3432 except for the attorney-client privilege.
3433 (b) The waiver described in Subsection (1)(a) applies only to reparations officers, the
3434 director, the [
3435 (2) A claimant may be required to supply any additional medical or psychological
3436 reports available relating to the injury or death for which compensation is claimed.
3437 (3) (a) The reparations officer hearing a reparations claim or an appeal from a
3438 reparations claim shall make available to the claimant a copy of the report.
3439 (b) If the victim is deceased, the director or the director's appointee, on request, shall
3440 furnish the claimant a copy of the report unless dissemination of that copy is prohibited by law.
3441 Section 60. Section 63M-7-517 is amended to read:
3442 63M-7-517. Additional testing.
3443 (1) If the mental, physical, or emotional condition of a victim is material to a
3444 reparations claim, the reparations officer, director, the assistant director reparations program
3445 manager, or chair of the board who hears the reparations claim or the appeal may order the
3446 claimant to submit to a mental or physical examination by a physician or psychologist and may
3447 recommend to the court to order an autopsy of a deceased victim.
3448 (2) The court may order an additional examination for good cause shown and shall
3449 provide notice to the individual to be examined and the individual's representative.
3450 (3) All reports from additional examinations shall set out findings, including results of
3451 all tests made, diagnoses, prognoses, other conclusions, and reports of earlier examinations of
3452 the same conditions.
3453 (4) A copy of the report shall be made available to the victim or the representative of
3454 the victim unless dissemination of that copy is prohibited by law.
3455 Section 61. Section 63M-7-519 is amended to read:
3456 63M-7-519. Assignment of recovery -- Reimbursement.
3457 (1) (a) By accepting a reparations award, the victim:
3458 (i) automatically assigns to the office any claim the victim may have relating to
3459 criminally injurious conduct in the reparations claim; and
3460 (ii) is required to reimburse the office if the victim recovers any money relating to the
3461 criminally injurious conduct.
3462 (b) The office's right of assignment and reimbursement under Subsection (1)(a) is
3463 limited to the lesser of:
3464 (i) the amount paid by the office; or
3465 (ii) the amount recovered by the victim from the third party.
3466 (c) The office may be reimbursed under Subsection (1)(a) regardless of whether the
3467 office exercises the office's right of assignment under Subsection (1)(a).
3468 (2) The [
3469 Justice, with the concurrence of the director, may reduce the office's right of reimbursement if
3470 the [
3471 (a) the reduction will benefit the fund; or
3472 (b) the victim has ongoing expenses related to the offense upon which the reparations
3473 claim is based and the benefit to the victim of reducing the office's right of reimbursement
3474 exceeds the benefit to the office of receiving full reimbursement.
3475 (3) The office reserves the right to make a claim for reimbursement on behalf of the
3476 victim and the victim may not impair the office's claim or the office's right of reimbursement.
3477 Section 62. Section 63M-7-521.5 is amended to read:
3478 63M-7-521.5. Payments to medical service providers.
3479 (1) (a) Except as provided in Subsection (2), a medical service provider who accepts
3480 payment from the office shall agree to accept payments as payment in full on behalf of the
3481 victim or claimant and may not attempt to collect further payment from the victim or the
3482 claimant for services for which the office has made payment.
3483 (b) In the event the office is unable to make full payment in accordance with the
3484 office's rules, the medical service provider may collect from the victim or claimant, but not
3485 more than the amount the provider would have received from the office.
3486 (2) (a) When a medical service provider receives notice that a reparations claim has
3487 been filed, the medical service provider may not, before the office determines whether to issue
3488 a reparations award, engage in debt collection for the claim, including:
3489 (i) repeatedly calling or writing to a victim and threatening to refer unpaid health care
3490 costs to a debt collection agency, attorney, or other person for collection; or
3491 (ii) filing for or pursuing a legal remedy for payment of unpaid health care costs.
3492 (b) The statute of limitations for collecting a debt is tolled during the time in which a
3493 request for a reparations award is being reviewed by the office.
3494 (3) The office may:
3495 (a) use the fee schedule utilized by the Utah Public Employees Health Plan or any other
3496 fee schedule adopted by the [
3497 (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
3498 Rulemaking Act, necessary to implement the fee schedule adopted in accordance with this
3499 section.
3500 Section 63. Section 63M-7-522 is amended to read:
3501 63M-7-522. Emergency reparations award.
3502 (1) If the reparations officer determines that the claimant will suffer financial hardship
3503 unless an emergency reparations award is made, and it appears likely that a final reparations
3504 award will be made, an amount may be paid to the claimant, to be deducted from the final
3505 reparations award or repaid by and recoverable from the claimant to the extent that it exceeds
3506 the final reparations award.
3507 (2) The [
3508 any amount the [
3509 Section 64. Section 63M-7-525 is amended to read:
3510 63M-7-525. Purpose -- Not entitlement program.
3511 (1) (a) The purpose of the office is to assist victims of criminally injurious conduct
3512 who may be eligible for assistance from the fund.
3513 (b) Reparation to a victim under this part is limited to the money available in the fund.
3514 (2) (a) The assistance program described in Subsection (1) is not an entitlement
3515 program.
3516 (b) A reparations award may be limited or denied as determined appropriate by the
3517 [
3518 (c) Failure to grant a reparations award does not create a cause of action against the
3519 office, the state, or any of its subdivisions and there is no right to judicial review over the
3520 decision whether or not to grant a reparations award.
3521 (3) A cause of action based on a failure to give or receive the notice required by this
3522 part does not accrue to any person against the state, any of its agencies or local subdivisions,
3523 any of their law enforcement officers or other agents or employees, or any health care or
3524 medical provider or its agents or employees nor does it affect or alter any requirement for filing
3525 or payment of a reparations claim.
3526 Section 65. Section 63M-7-902 is amended to read:
3527 63M-7-902. Creation -- Membership -- Terms -- Vacancies -- Expenses.
3528 (1) There is created the Utah Victim Services Commission within the State
3529 Commission on Criminal and Juvenile Justice.
3530 (2) The commission is composed of the following members:
3531 (a) the executive director of the State Commission on Criminal and Juvenile Justice or
3532 the executive director's designee;
3533 (b) the director of the Utah Office for Victims of Crime or the director's designee;
3534 [
3535
3536 [
3537 director's designee;
3538 [
3539 [
3540 executive director's designee;
3541 [
3542 the executive director's designee;
3543 [
3544 director's designee;
3545 [
3546 Attorney General or the director's designee;
3547 [
3548
3549 [
3550 [
3551 designee;
3552 [
3553 advice and consent of the Senate;
3554 [
3555 of the Senate;
3556 [
3557 consent of the Senate;
3558 [
3559 Chiefs of Police Association, appointed by the governor with the advice and consent of the
3560 Senate; and
3561 [
3562
3563 [
3564
3565
3566 Representatives or senator from the Senate, appointed jointly by the speaker of the House of
3567 Representatives and president of the Senate.
3568 [
3569
3570 (3) (a) A member appointed under Subsections [
3571 shall serve a four-year term.
3572 (b) A member appointed to serve a four-year term is eligible for reappointment.
3573 (4) When a vacancy occurs in the membership of the commission for any reason, the
3574 replacement shall be appointed by the applicable appointing authority for the remainder of the
3575 unexpired term of the original appointment.
3576 (5) Except as otherwise provided in Subsection [
3577 compensation for the member's service but may receive per diem and reimbursement for travel
3578 expenses incurred as a member at the rates established by:
3579 (a) Section 63A-3-106;
3580 (b) Section 63A-3-107; and
3581 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
3582 63A-3-107.
3583 (6) A member may not receive per diem or reimbursement for travel expenses under
3584 Subsection (5) if the member is being paid by a governmental entity while performing the
3585 member's service on the commission.
3586 Section 66. Section 63M-7-904 is amended to read:
3587 63M-7-904. Duties of the commission -- Report.
3588 (1) The commission shall:
3589 (a) advocate for the adoption, repeal, or modification of laws or proposed legislation in
3590 the interest of victims of crime;
3591 (b) select and appoint individuals in accordance with Section 77-37-5 to act as
3592 chairpersons of the judicial district victims' rights committees and provide assistance to the
3593 committees in their operations;
3594 (c) make recommendations to the Legislature, the governor, and the Judicial Council
3595 on the following:
3596 (i) enforcing existing rights of victims of crime;
3597 (ii) enhancing rights of victims of crime;
3598 (iii) the role of victims of crime in the criminal justice system;
3599 (iv) victim restitution;
3600 (v) educating and training criminal justice professionals on the rights of victims of
3601 crime; and
3602 (vi) enhancing services to victims of crimes; and
3603 (d) provide training on the rights of victims of crime.
3604 (2) The commission shall, in partnership with state agencies and organizations,
3605 including the Children's Justice Center Program, the Utah Office for Victims of Crime, [
3606
3607 (a) review and assess the duties and practices of the State Commission on Criminal and
3608 Juvenile Justice regarding services and criminal justice policies pertaining to victims;
3609 (b) encourage and facilitate the development and coordination of trauma-informed
3610 services for crime victims throughout the state;
3611 (c) encourage and foster public and private partnerships for the purpose of:
3612 (i) assessing needs for crime victim services throughout the state;
3613 (ii) developing crime victim services and resources throughout the state; and
3614 (iii) coordinating crime victim services and resources throughout the state;
3615 (d) generate unity for ongoing efforts to reduce and eliminate the impact of crime on
3616 victims through a comprehensive and evidence-based prevention, treatment, and justice
3617 strategy;
3618 (e) recommend and support the creation, dissemination, and implementation of
3619 statewide policies and plans to address crimes, including domestic violence, sexual violence,
3620 child abuse, and driving under the influence of drugs and alcohol;
3621 [
3622
3623 [
3624 prevention efforts, including the sources, disbursement, and outcomes of statewide funding for
3625 crime victim services and prevention efforts;
3626 [
3627 [
3628 (i) the duties and practices of the State Commission on Criminal and Juvenile Justice
3629 to ensure that:
3630 (A) crime victims are a vital part of the criminal justice system of the state;
3631 (B) all crime victims and witnesses are treated with dignity, respect, courtesy, and
3632 sensitivity; and
3633 (C) the rights of crime victims and witnesses are honored and protected by law in a
3634 manner no less vigorous than protections afforded to criminal defendants; and
3635 (ii) statewide funding for crime victim services and prevention efforts.
3636 [
3637 (a) subject to court rules and the governor's approval, advocate in an appellate court on
3638 behalf of a victim of crime as described in Subsection 77-38-11(2)(a)(ii); and
3639 (b) recommend to the Legislature the services to be funded by the Victim Services
3640 Restricted Account.
3641 [
3642 the State Commission on Criminal and Juvenile Justice, the governor, the Judicial Council, the
3643 Executive Offices and Criminal Justice Appropriations Subcommittee, the Health and Human
3644 Services Interim Committee, the Judiciary Interim Committee, and the Law Enforcement and
3645 Criminal Justice Interim Committee.
3646 [
3647 respect that a state agency is bound to follow state law and may have duties or responsibilities
3648 imposed by state law.
3649 Section 67. Section 63N-4-502 is amended to read:
3650 63N-4-502. Definitions.
3651 As used in this part:
3652 [
3653
3654 [
3655 individuals with the infrastructure and equipment to participate in the online workforce.
3656 [
3657 education.
3658 [
3659 Center Grant Program created in Section 63N-4-503.
3660 [
3661 Program created in Section 63N-4-503.
3662 [
3663 Davis, Weber, Washington, Cache, Tooele, and Summit counties.
3664 Section 68. Section 63N-4-504 is amended to read:
3665 63N-4-504. Requirements for awarding a working hubs grant.
3666 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3667 office shall make rules establishing the eligibility and reporting criteria for an entity to receive
3668 a grant under this part, including:
3669 (a) the form and process of submitting an application to the office for a grant;
3670 (b) which entities are eligible to apply for a grant;
3671 (c) the method and formula for determining grant amounts; and
3672 (d) the reporting requirements of grant recipients.
3673 (2) In determining the award of a grant, the office may prioritize projects:
3674 (a) that will serve underprivileged or underserved communities, including communities
3675 with high unemployment or low median incomes;
3676 (b) where an applicant demonstrates comprehensive planning of the project but has
3677 limited access to financial resources, including financial resources from local or county
3678 government; and
3679 (c) that maximize economic development opportunities in collaboration with the
3680 economic development needs or plans of an educational institution, a county, and a
3681 municipality.
3682 (3) Subject to legislative appropriation, a grant may only be awarded by the executive
3683 director [
3684 (4) A grant may only be awarded under this part:
3685 (a) if the grant recipient agrees to provide any combination of funds, land, buildings, or
3686 in-kind work in an amount equal to at least 25% of the grant;
3687 (b) if the grant recipient agrees not to use grant money for the ongoing operation or
3688 maintenance of a coworking and innovation center; and
3689 (c) in an amount no more than $500,000 to a grant applicant.
3690 Section 69. Section 73-3d-201 is amended to read:
3691 73-3d-201. Declaration of a temporary water shortage emergency by the
3692 governor.
3693 (1) (a) Subject to the requirements of this section, the governor may declare a
3694 temporary water shortage emergency by issuing an executive order if, on the governor's own
3695 initiative or at the request of a person entitled to make a request, the governor determines that
3696 an existing or imminent short-term interruption of water delivery in this state caused by
3697 manmade or natural causes other than drought:
3698 (i) threatens:
3699 (A) the availability or quality of an essential water supply or water supply
3700 infrastructure; or
3701 (B) the operation of the economy; and
3702 (ii) because of the threats described in Subsection (1)(a)(i), jeopardizes the peace,
3703 health, safety, or welfare of the people of this state.
3704 (b) The governor may only issue the executive order declaring a temporary water
3705 shortage emergency described in Subsection (1)(a):
3706 (i) with the advice and recommendation of the state engineer; and
3707 (ii) in consultation with the emergency management administration [
3708 council created by Section 53-2a-105.
3709 (c) An executive order issued under this Subsection (1) shall state with specificity:
3710 (i) the nature of the interruption of water supply;
3711 (ii) subject to Subsection (2), the time period for which the temporary water shortage
3712 emergency is declared;
3713 (iii) a description of the geographic area that is subject to the executive order;
3714 (iv) a list of the specific persons entitled to make a request who may exercise the
3715 preferential use of water under Section 73-3d-301 during the effective period of the temporary
3716 water shortage emergency; and
3717 (v) the purposes outlined in Subsection 73-3d-301(1) for which a person who is
3718 described in Subsection (1)(c)(iv) may take the water subject to Section 73-3d-301.
3719 (d) Before providing a recommendation to the governor under Subsection (1)(b)(i), the
3720 state engineer shall require a person entitled to make a request who is described in Subsection
3721 (1)(c)(iv) to provide a written statement describing how the person entitled to make a request
3722 has exhausted other reasonable means to acquire water.
3723 (e) A person entitled to make a request who is described in Subsection (1)(c)(iv) may
3724 take water preferentially during a temporary water shortage emergency only for a purpose
3725 authorized by the executive order.
3726 (f) (i) Within seven calendar days of the day on which the governor issues an executive
3727 order declaring a temporary water shortage emergency, the Legislative Management
3728 Committee shall:
3729 (A) review the executive order;
3730 (B) advise the governor on the declaration of a temporary water shortage emergency;
3731 and
3732 (C) recommend to the Legislature whether the executive order should be kept as issued
3733 by the governor, extended, or terminated.
3734 (ii) The failure of the Legislative Management Committee to meet as required by
3735 Subsection (1)(f)(i) does not affect the validity of the executive order declaring a temporary
3736 water shortage emergency.
3737 (2) (a) The governor shall state in an executive order declaring a temporary water
3738 shortage emergency the time period for which the temporary water shortage emergency is
3739 declared, except that the governor may not declare a temporary water shortage emergency for
3740 longer than 30 days after the date the executive order is issued.
3741 (b) The governor may terminate an executive order declaring a temporary water
3742 shortage emergency before the expiration of the time period stated in the executive order.
3743 (c) An executive order declaring a temporary water emergency issued by the governor
3744 within 30 days of the expiration or termination of a prior executive order for the same
3745 emergency is considered an extension subject to Subsection (2)(e).
3746 (d) The Legislature may extend the time period of an executive order declaring a
3747 temporary water shortage emergency by joint resolution, except that the Legislature may not
3748 extend a temporary water shortage emergency for longer than one year from the day on which
3749 the executive order declaring a temporary water shortage emergency is issued.
3750 (e) An executive order declaring a temporary water shortage emergency may be
3751 renewed or extended only by joint resolution of the Legislature.
3752 Section 70. Section 77-37-5 is amended to read:
3753 77-37-5. Remedies -- District Victims' Rights Committee.
3754 (1) In each judicial district, the Utah [
3755 Commission, established in Section [
3756 chair a judicial district victims' rights committee consisting of:
3757 (a) a county attorney or district attorney;
3758 (b) a sheriff;
3759 (c) a corrections field services administrator;
3760 (d) an appointed victim advocate;
3761 (e) a municipal attorney;
3762 (f) a municipal chief of police; and
3763 (g) other representatives as appropriate.
3764 (2) The committee shall meet at least semiannually to review progress and problems
3765 related to this chapter, [
3766
3767 Act, and Utah Constitution Article I, Section 28. Victims and other interested parties may
3768 submit matters of concern to the victims' rights committee. The committee may hold a hearing
3769 open to the public on any appropriate matter of concern and may publish its findings. These
3770 matters shall also be considered at the meetings of the victims' rights committee. The
3771 committee shall forward minutes of all meetings to the Utah [
3772 Victim Services Commission for review and other appropriate action.
3773 (3) If a victims' rights committee is unable to resolve a complaint, it may refer the
3774 complaint to the Utah [
3775 (4) The Utah Office for Victims of Crime shall provide materials to local law
3776 enforcement to inform every victim of a sexual offense of the right to request testing of the
3777 convicted sexual offender and of the victim as provided in Section 53-10-802.
3778 (5) (a) If a person acting under color of state law willfully or wantonly fails to perform
3779 duties so that the rights in this chapter are not provided, an action for injunctive relief may be
3780 brought against the individual and the government entity that employs the individual.
3781 (b) For all other violations, if the committee finds a violation of a victim's right, it shall
3782 refer the matter to the appropriate court for further proceedings consistent with Subsection
3783 77-38-11(2).
3784 (c) The failure to provide the rights in this chapter or [
3785
3786 or any government entity, or any individual employed by the state or any government entity, for
3787 monetary damages, attorney fees, or the costs of exercising any rights under this chapter.
3788 (6) The person accused of and subject to prosecution for the crime or the act which
3789 would be a crime if committed by a competent adult, has no standing to make a claim
3790 concerning any violation of the provisions of this chapter.
3791 Section 71. Section 80-2-402 is amended to read:
3792 80-2-402. Child welfare training coordinator -- Mandatory education and
3793 training of child welfare caseworkers -- Development of curriculum.
3794 (1) There is created within the division a full-time position of a child welfare training
3795 coordinator.
3796 (2) The child welfare training coordinator is not responsible for direct casework
3797 services or the supervision of casework services, but is required to:
3798 (a) develop child welfare curriculum that:
3799 (i) is current and effective, consistent with the division's mission and purpose for child
3800 welfare; and
3801 (ii) utilizes curriculum and resources from a variety of sources including those from:
3802 (A) the public sector;
3803 (B) the private sector; and
3804 (C) inside and outside of the state;
3805 (b) recruit, select, and supervise child welfare trainers;
3806 (c) develop a statewide training program, including a budget and identification of
3807 sources of funding to support that training;
3808 (d) evaluate the efficacy of training in improving job performance;
3809 (e) assist child protective services and foster care workers in developing and fulfilling
3810 their individual training plans;
3811 (f) monitor staff compliance with division training requirements and individual training
3812 plans; and
3813 (g) expand the collaboration between the division and schools of social work within
3814 institutions of higher education in developing child welfare services curriculum, and in
3815 providing and evaluating training.
3816 (3) The director shall, with the assistance of the child welfare training coordinator,
3817 establish and ensure child welfare caseworker competency regarding a core curriculum for
3818 child welfare services that:
3819 (a) is driven by child safety and family well-being;
3820 (b) emphasizes child and family voice;
3821 (c) [
3822 procedure, program, or practice that demonstrates an ability to minimize retraumatization
3823 associated with the criminal and juvenile justice system; and
3824 (d) is consistent with national child welfare practice standards.
3825 (4) A child welfare caseworker shall complete training in:
3826 (a) the legal duties of a child welfare caseworker;
3827 (b) the responsibility of a child welfare caseworker to protect the safety and legal rights
3828 of children, parents, and families at all stages of a case, including:
3829 (i) initial contact;
3830 (ii) safety and risk assessment, as described in Section 80-2-403; and
3831 (iii) intervention;
3832 (c) recognizing situations involving:
3833 (i) substance abuse;
3834 (ii) domestic violence;
3835 (iii) abuse; and
3836 (iv) neglect; and
3837 (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of
3838 the United States to the child welfare caseworker's job, including:
3839 (i) search and seizure of evidence;
3840 (ii) the warrant requirement;
3841 (iii) exceptions to the warrant requirement; and
3842 (iv) removing a child from the custody of the child's parent or guardian.
3843 (5) The division shall train the division's child welfare caseworkers to:
3844 (a) apply the risk assessment tools and rules described in Subsection 80-1-102(83); and
3845 (b) develop child and family plans that comply with:
3846 (i) federal mandates; and
3847 (ii) the specific needs of the child and the child's family.
3848 (6) The division shall use the training of child welfare caseworkers to emphasize:
3849 (a) the importance of maintaining the parent-child relationship;
3850 (b) the preference for providing in-home services over taking a child into protective
3851 custody, both for the emotional well-being of the child and the efficient allocation of resources;
3852 and
3853 (c) the importance and priority of:
3854 (i) kinship placement in the event a child must be taken into protective custody; and
3855 (ii) guardianship placement, in the event the parent-child relationship is legally
3856 terminated and no appropriate adoptive placement is available.
3857 (7) If a child welfare caseworker is hired, before assuming independent casework
3858 responsibilities, the division shall ensure that the child welfare caseworker has:
3859 (a) completed the training described in Subsections (4), (5), and (6); and
3860 (b) participated in sufficient skills development for a child welfare caseworker.
3861 Section 72. Repealer.
3862 This bill repeals:
3863 Section 26B-1-419, Utah Health Care Workforce Financial Assistance Program
3864 Advisory Committee -- Membership -- Compensation -- Duties.
3865 Section 35A-13-504, Appointment of advisory council.
3866 Section 53-11-125, Exemptions from licensure.
3867 Section 63M-7-209 (Superseded 07/01/24), Trauma-informed justice program.
3868 Section 63M-7-209 (Effective 07/01/24), Trauma-informed justice program.
3869 Section 63N-4-505, Rural Online Working Hubs Grant Advisory Committee --
3870 Membership -- Duties -- Expenses.
3871 Section 73. Effective date.
3872 (1) Except as provided in Subsections (2) through (4), this bill takes effect on October
3873 1, 2024.
3874 (2) The actions affecting the following sections take effect on May 1, 2024:
3875 (a) Section 26B-1-204 (Superseded 07/01/24);
3876 (b) Section 26B-1-419;
3877 (c) Section 26B-4-702;
3878 (d) Section 35A-13-504;
3879 (e) Section 53-11-125;
3880 (f) Section 63C-1-103;
3881 (g) Section 63I-1-209;
3882 (h) Section 63I-1-235;
3883 (i) Section 63I-1-236;
3884 (j) Section 63I-1-253 (Superseded 07/01/24);
3885 (k) Section 63I-1-263;
3886 (l) Section 63I-2-209;
3887 (m) Section 63I-2-226 (Superseded 07/01/24);
3888 (n) Section 63I-2-235;
3889 (o) Section 63I-2-236;
3890 (p) Section 63I-2-258;
3891 (q) Section 63I-2-263;
3892 (r) Section 63M-7-204;
3893 (s) Section 63M-7-209 (Superseded 07/01/24);
3894 (t) Section 63M-7-209 (Effective 07/01/24).
3895 (u) Section 63N-4-502;
3896 (v) Section 63N-4-504;
3897 (w) Section 73-3d-201; and
3898 (x) Section 80-2-402.
3899 (3) The actions affecting the following sections take effect on July 1, 2024:
3900 (a) Section 26B-1-204 (Effective 07/01/24);
3901 (b) Section 63I-1-226 (Effective 07/01/24);
3902 (c) Section 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25);
3903 (d) Section 63I-2-226 (Effective 07/01/24); and
3904 (e) Section 63I-2-253 (Effective 07/01/24).
3905 (4) The actions affecting Section 63I-1-253 (Contingently Effective 01/01/25)
3906 contingently take effect on January 1, 2025.