Senator Lincoln Fillmore proposes the following substitute bill:


1     
EDUCATION ENTITY AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Stephanie Gricius

6     

7     LONG TITLE
8     General Description:
9          This bill provides a home-based microschool and micro-education entity with certain
10     similar duties, requirements, waivers, and rights as private and charter schools.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires a county and municipality to consider a home-based microschool and
15     micro-education entity as a permitted use in all zoning districts within a county and
16     municipality;
17          ▸     identifies the occupancy requirements to which a micro-education entity is subject;
18          ▸     requires a local school board to excuse a student who attends a home-based
19     microschool or micro-education entity under certain circumstances;
20          ▸     provides that an instructor of a school-age child who attends a home-based
21     microschool or micro-education entity is solely responsible for instruction,
22     materials, and evaluation;
23          ▸     prohibits a local school board from requiring a home-based microschool or
24     micro-education entity to provide teaching credentials, submit to inspection, and
25     conduct testing;
26          ▸     prevents government entities from regulating home-based microschool and
27     micro-education entity food preparation and distribution under certain
28     circumstances;
29          ▸     requires a home-based microschool and micro-education entity to register as a
30     business;
31          ▸     exempts a student who attends a home-based microschool or micro-education entity
32     from immunization requirements; and
33          ▸     makes technical and conforming changes.
34     Money Appropriated in this Bill:
35          None
36     Other Special Clauses:
37          None
38     Utah Code Sections Affected:
39     AMENDS:
40          10-9a-103, as last amended by Laws of Utah 2023, Chapters 16, 327 and 478
41          10-9a-305, as last amended by Laws of Utah 2023, Chapter 16
42          10-9a-529, as last amended by Laws of Utah 2023, Chapter 16
43          17-27a-103, as last amended by Laws of Utah 2023, Chapters 15, 327 and 478
44          17-27a-305, as last amended by Laws of Utah 2023, Chapter 15
45          32B-1-102, as last amended by Laws of Utah 2023, Chapters 328, 371 and 400
46          53G-6-201, as last amended by Laws of Utah 2021, Chapters 113, 261 and 427
47          53G-6-706, as last amended by Laws of Utah 2019, Chapter 293
48          53G-9-301, as last amended by Laws of Utah 2023, Chapter 328
49     ENACTS:
50          53G-6-212, Utah Code Annotated 1953
51     

52     Be it enacted by the Legislature of the state of Utah:
53          Section 1. Section 10-9a-103 is amended to read:
54          10-9a-103. Definitions.
55          As used in this chapter:
56          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
57     detached from a primary single-family dwelling and contained on one lot.
58          (2) "Adversely affected party" means a person other than a land use applicant who:
59          (a) owns real property adjoining the property that is the subject of a land use
60     application or land use decision; or
61          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
62     general community as a result of the land use decision.
63          (3) "Affected entity" means a county, municipality, special district, special service
64     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
65     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
66     public utility, property owner, property owners association, or the Department of
67     Transportation, if:
68          (a) the entity's services or facilities are likely to require expansion or significant
69     modification because of an intended use of land;
70          (b) the entity has filed with the municipality a copy of the entity's general or long-range
71     plan; or
72          (c) the entity has filed with the municipality a request for notice during the same
73     calendar year and before the municipality provides notice to an affected entity in compliance
74     with a requirement imposed under this chapter.
75          (4) "Affected owner" means the owner of real property that is:
76          (a) a single project;
77          (b) the subject of a land use approval that sponsors of a referendum timely challenged
78     in accordance with Subsection 20A-7-601(6); and
79          (c) determined to be legally referable under Section 20A-7-602.8.
80          (5) "Appeal authority" means the person, board, commission, agency, or other body
81     designated by ordinance to decide an appeal of a decision of a land use application or a
82     variance.
83          (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
84     residential property if the sign is designed or intended to direct attention to a business, product,
85     or service that is not sold, offered, or existing on the property where the sign is located.
86          (7) (a) "Charter school" means:
87          (i) an operating charter school;
88          (ii) a charter school applicant that a charter school authorizer approves in accordance
89     with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
90          (iii) an entity that is working on behalf of a charter school or approved charter
91     applicant to develop or construct a charter school building.
92          (b) "Charter school" does not include a therapeutic school.
93          (8) "Conditional use" means a land use that, because of the unique characteristics or
94     potential impact of the land use on the municipality, surrounding neighbors, or adjacent land
95     uses, may not be compatible in some areas or may be compatible only if certain conditions are
96     required that mitigate or eliminate the detrimental impacts.
97          (9) "Constitutional taking" means a governmental action that results in a taking of
98     private property so that compensation to the owner of the property is required by the:
99          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
100          (b) Utah Constitution Article I, Section 22.
101          (10) "Culinary water authority" means the department, agency, or public entity with
102     responsibility to review and approve the feasibility of the culinary water system and sources for
103     the subject property.
104          (11) "Development activity" means:
105          (a) any construction or expansion of a building, structure, or use that creates additional
106     demand and need for public facilities;
107          (b) any change in use of a building or structure that creates additional demand and need
108     for public facilities; or
109          (c) any change in the use of land that creates additional demand and need for public
110     facilities.
111          (12) (a) "Development agreement" means a written agreement or amendment to a
112     written agreement between a municipality and one or more parties that regulates or controls the
113     use or development of a specific area of land.
114          (b) "Development agreement" does not include an improvement completion assurance.
115          (13) (a) "Disability" means a physical or mental impairment that substantially limits
116     one or more of a person's major life activities, including a person having a record of such an
117     impairment or being regarded as having such an impairment.
118          (b) "Disability" does not include current illegal use of, or addiction to, any federally
119     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
120     802.
121          (14) "Educational facility":
122          (a) means:
123          (i) a school district's building at which pupils assemble to receive instruction in a
124     program for any combination of grades from preschool through grade 12, including
125     kindergarten and a program for children with disabilities;
126          (ii) a structure or facility:
127          (A) located on the same property as a building described in Subsection (14)(a)(i); and
128          (B) used in support of the use of that building; and
129          (iii) a building to provide office and related space to a school district's administrative
130     personnel; and
131          (b) does not include:
132          (i) land or a structure, including land or a structure for inventory storage, equipment
133     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
134          (A) not located on the same property as a building described in Subsection (14)(a)(i);
135     and
136          (B) used in support of the purposes of a building described in Subsection (14)(a)(i); or
137          (ii) a therapeutic school.
138          (15) "Fire authority" means the department, agency, or public entity with responsibility
139     to review and approve the feasibility of fire protection and suppression services for the subject
140     property.
141          (16) "Flood plain" means land that:
142          (a) is within the 100-year flood plain designated by the Federal Emergency
143     Management Agency; or
144          (b) has not been studied or designated by the Federal Emergency Management Agency
145     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
146     the land has characteristics that are similar to those of a 100-year flood plain designated by the
147     Federal Emergency Management Agency.
148          (17) "General plan" means a document that a municipality adopts that sets forth general
149     guidelines for proposed future development of the land within the municipality.
150          (18) "Geologic hazard" means:
151          (a) a surface fault rupture;
152          (b) shallow groundwater;
153          (c) liquefaction;
154          (d) a landslide;
155          (e) a debris flow;
156          (f) unstable soil;
157          (g) a rock fall; or
158          (h) any other geologic condition that presents a risk:
159          (i) to life;
160          (ii) of substantial loss of real property; or
161          (iii) of substantial damage to real property.
162          (19) "Historic preservation authority" means a person, board, commission, or other
163     body designated by a legislative body to:
164          (a) recommend land use regulations to preserve local historic districts or areas; and
165          (b) administer local historic preservation land use regulations within a local historic
166     district or area.
167          (20) "Home-based microschool" means the same as that term is defined in Section
168     53G-6-201.
169          [(20)] (21) "Hookup fee" means a fee for the installation and inspection of any pipe,
170     line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
171     other utility system.
172          [(21)] (22) "Identical plans" means building plans submitted to a municipality that:
173          (a) are clearly marked as "identical plans";
174          (b) are substantially identical to building plans that were previously submitted to and
175     reviewed and approved by the municipality; and
176          (c) describe a building that:
177          (i) is located on land zoned the same as the land on which the building described in the
178     previously approved plans is located;
179          (ii) is subject to the same geological and meteorological conditions and the same law
180     as the building described in the previously approved plans;
181          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
182     and approved by the municipality; and
183          (iv) does not require any additional engineering or analysis.
184          [(22)] (23) "Impact fee" means a payment of money imposed under Title 11, Chapter
185     36a, Impact Fees Act.
186          [(23)] (24) "Improvement completion assurance" means a surety bond, letter of credit,
187     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
188     by a municipality to guaranty the proper completion of landscaping or an infrastructure
189     improvement required as a condition precedent to:
190          (a) recording a subdivision plat; or
191          (b) development of a commercial, industrial, mixed use, or multifamily project.
192          [(24)] (25) "Improvement warranty" means an applicant's unconditional warranty that
193     the applicant's installed and accepted landscaping or infrastructure improvement:
194          (a) complies with the municipality's written standards for design, materials, and
195     workmanship; and
196          (b) will not fail in any material respect, as a result of poor workmanship or materials,
197     within the improvement warranty period.
198          [(25)] (26) "Improvement warranty period" means a period:
199          (a) no later than one year after a municipality's acceptance of required landscaping; or
200          (b) no later than one year after a municipality's acceptance of required infrastructure,
201     unless the municipality:
202          (i) determines for good cause that a one-year period would be inadequate to protect the
203     public health, safety, and welfare; and
204          (ii) has substantial evidence, on record:
205          (A) of prior poor performance by the applicant; or
206          (B) that the area upon which the infrastructure will be constructed contains suspect soil
207     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
208          [(26)] (27) "Infrastructure improvement" means permanent infrastructure that is
209     essential for the public health and safety or that:
210          (a) is required for human occupation; and
211          (b) an applicant must install:
212          (i) in accordance with published installation and inspection specifications for public
213     improvements; and
214          (ii) whether the improvement is public or private, as a condition of:
215          (A) recording a subdivision plat;
216          (B) obtaining a building permit; or
217          (C) development of a commercial, industrial, mixed use, condominium, or multifamily
218     project.
219          [(27)] (28) "Internal lot restriction" means a platted note, platted demarcation, or
220     platted designation that:
221          (a) runs with the land; and
222          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
223     the plat; or
224          (ii) designates a development condition that is enclosed within the perimeter of a lot
225     described on the plat.
226          [(28)] (29) "Land use applicant" means a property owner, or the property owner's
227     designee, who submits a land use application regarding the property owner's land.
228          [(29)] (30) "Land use application":
229          (a) means an application that is:
230          (i) required by a municipality; and
231          (ii) submitted by a land use applicant to obtain a land use decision; and
232          (b) does not mean an application to enact, amend, or repeal a land use regulation.
233          [(30)] (31) "Land use authority" means:
234          (a) a person, board, commission, agency, or body, including the local legislative body,
235     designated by the local legislative body to act upon a land use application; or
236          (b) if the local legislative body has not designated a person, board, commission,
237     agency, or body, the local legislative body.
238          [(31)] (32) "Land use decision" means an administrative decision of a land use
239     authority or appeal authority regarding:
240          (a) a land use permit; or
241          (b) a land use application.
242          [(32)] (33) "Land use permit" means a permit issued by a land use authority.
243          [(33)] (34) "Land use regulation":
244          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
245     specification, fee, or rule that governs the use or development of land;
246          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
247     and
248          (c) does not include:
249          (i) a land use decision of the legislative body acting as the land use authority, even if
250     the decision is expressed in a resolution or ordinance; or
251          (ii) a temporary revision to an engineering specification that does not materially:
252          (A) increase a land use applicant's cost of development compared to the existing
253     specification; or
254          (B) impact a land use applicant's use of land.
255          [(34)] (35) "Legislative body" means the municipal council.
256          [(35)] (36) "Local historic district or area" means a geographically definable area that:
257          (a) contains any combination of buildings, structures, sites, objects, landscape features,
258     archeological sites, or works of art that contribute to the historic preservation goals of a
259     legislative body; and
260          (b) is subject to land use regulations to preserve the historic significance of the local
261     historic district or area.
262          [(36)] (37) "Lot" means a tract of land, regardless of any label, that is created by and
263     shown on a subdivision plat that has been recorded in the office of the county recorder.
264          [(37)] (38) (a) "Lot line adjustment" means a relocation of a lot line boundary between
265     adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
266          (i) whether or not the lots are located in the same subdivision; and
267          (ii) with the consent of the owners of record.
268          (b) "Lot line adjustment" does not mean a new boundary line that:
269          (i) creates an additional lot; or
270          (ii) constitutes a subdivision or a subdivision amendment.
271          (c) "Lot line adjustment" does not include a boundary line adjustment made by the
272     Department of Transportation.
273          [(38)] (39) "Major transit investment corridor" means public transit service that uses or
274     occupies:
275          (a) public transit rail right-of-way;
276          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
277     or
278          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
279     municipality or county and:
280          (i) a public transit district as defined in Section 17B-2a-802; or
281          (ii) an eligible political subdivision as defined in Section 59-12-2219.
282          (40) "Micro-education entity" means the same as that term is defined in Section
283     53G-6-201.
284          [(39)] (41) "Moderate income housing" means housing occupied or reserved for
285     occupancy by households with a gross household income equal to or less than 80% of the
286     median gross income for households of the same size in the county in which the city is located.
287          [(40)] (42) "Municipal utility easement" means an easement that:
288          (a) is created or depicted on a plat recorded in a county recorder's office and is
289     described as a municipal utility easement granted for public use;
290          (b) is not a protected utility easement or a public utility easement as defined in Section
291     54-3-27;
292          (c) the municipality or the municipality's affiliated governmental entity uses and
293     occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
294     water, or communications or data lines;
295          (d) is used or occupied with the consent of the municipality in accordance with an
296     authorized franchise or other agreement;
297          (e) (i) is used or occupied by a specified public utility in accordance with an authorized
298     franchise or other agreement; and
299          (ii) is located in a utility easement granted for public use; or
300          (f) is described in Section 10-9a-529 and is used by a specified public utility.
301          [(41)] (43) "Nominal fee" means a fee that reasonably reimburses a municipality only
302     for time spent and expenses incurred in:
303          (a) verifying that building plans are identical plans; and
304          (b) reviewing and approving those minor aspects of identical plans that differ from the
305     previously reviewed and approved building plans.
306          [(42)] (44) "Noncomplying structure" means a structure that:
307          (a) legally existed before the structure's current land use designation; and
308          (b) because of one or more subsequent land use ordinance changes, does not conform
309     to the setback, height restrictions, or other regulations, excluding those regulations, which
310     govern the use of land.
311          [(43)] (45) "Nonconforming use" means a use of land that:
312          (a) legally existed before its current land use designation;
313          (b) has been maintained continuously since the time the land use ordinance governing
314     the land changed; and
315          (c) because of one or more subsequent land use ordinance changes, does not conform
316     to the regulations that now govern the use of the land.
317          [(44)] (46) "Official map" means a map drawn by municipal authorities and recorded in
318     a county recorder's office that:
319          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
320     highways and other transportation facilities;
321          (b) provides a basis for restricting development in designated rights-of-way or between
322     designated setbacks to allow the government authorities time to purchase or otherwise reserve
323     the land; and
324          (c) has been adopted as an element of the municipality's general plan.
325          [(45)] (47) "Parcel" means any real property that is not a lot.
326          [(46)] (48) (a) "Parcel boundary adjustment" means a recorded agreement between
327     owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
328     line agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
329          (i) none of the property identified in the agreement is a lot; or
330          (ii) the adjustment is to the boundaries of a single person's parcels.
331          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
332     line that:
333          (i) creates an additional parcel; or
334          (ii) constitutes a subdivision.
335          (c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
336     the Department of Transportation.
337          [(47)] (49) "Person" means an individual, corporation, partnership, organization,
338     association, trust, governmental agency, or any other legal entity.
339          [(48)] (50) "Plan for moderate income housing" means a written document adopted by
340     a municipality's legislative body that includes:
341          (a) an estimate of the existing supply of moderate income housing located within the
342     municipality;
343          (b) an estimate of the need for moderate income housing in the municipality for the
344     next five years;
345          (c) a survey of total residential land use;
346          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
347     income housing; and
348          (e) a description of the municipality's program to encourage an adequate supply of
349     moderate income housing.
350          [(49)] (51) "Plat" means an instrument subdividing property into lots as depicted on a
351     map or other graphical representation of lands that a licensed professional land surveyor makes
352     and prepares in accordance with Section 10-9a-603 or 57-8-13.
353          [(50)] (52) "Potential geologic hazard area" means an area that:
354          (a) is designated by a Utah Geological Survey map, county geologist map, or other
355     relevant map or report as needing further study to determine the area's potential for geologic
356     hazard; or
357          (b) has not been studied by the Utah Geological Survey or a county geologist but
358     presents the potential of geologic hazard because the area has characteristics similar to those of
359     a designated geologic hazard area.
360          [(51)] (53) "Public agency" means:
361          (a) the federal government;
362          (b) the state;
363          (c) a county, municipality, school district, special district, special service district, or
364     other political subdivision of the state; or
365          (d) a charter school.
366          [(52)] (54) "Public hearing" means a hearing at which members of the public are
367     provided a reasonable opportunity to comment on the subject of the hearing.
368          [(53)] (55) "Public meeting" means a meeting that is required to be open to the public
369     under Title 52, Chapter 4, Open and Public Meetings Act.
370          [(54)] (56) "Public street" means a public right-of-way, including a public highway,
371     public avenue, public boulevard, public parkway, public road, public lane, public alley, public
372     viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
373     easement, or other public way.
374          [(55)] (57) "Receiving zone" means an area of a municipality that the municipality
375     designates, by ordinance, as an area in which an owner of land may receive a transferable
376     development right.
377          [(56)] (58) "Record of survey map" means a map of a survey of land prepared in
378     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
379          [(57)] (59) "Residential facility for persons with a disability" means a residence:
380          (a) in which more than one person with a disability resides; and
381          (b) which is licensed or certified by the Department of Health and Human Services
382     under:
383          (i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
384          (ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
385          [(58)] (60) "Residential roadway" means a public local residential road that:
386          (a) will serve primarily to provide access to adjacent primarily residential areas and
387     property;
388          (b) is designed to accommodate minimal traffic volumes or vehicular traffic;
389          (c) is not identified as a supplementary to a collector or other higher system classified
390     street in an approved municipal street or transportation master plan;
391          (d) has a posted speed limit of 25 miles per hour or less;
392          (e) does not have higher traffic volumes resulting from connecting previously separated
393     areas of the municipal road network;
394          (f) cannot have a primary access, but can have a secondary access, and does not abut
395     lots intended for high volume traffic or community centers, including schools, recreation
396     centers, sports complexes, or libraries; and
397          (g) primarily serves traffic within a neighborhood or limited residential area and is not
398     necessarily continuous through several residential areas.
399          [(59)] (61) "Rules of order and procedure" means a set of rules that govern and
400     prescribe in a public meeting:
401          (a) parliamentary order and procedure;
402          (b) ethical behavior; and
403          (c) civil discourse.
404          [(60)] (62) "Sanitary sewer authority" means the department, agency, or public entity
405     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
406     wastewater systems.
407          [(61)] (63) "Sending zone" means an area of a municipality that the municipality
408     designates, by ordinance, as an area from which an owner of land may transfer a transferable
409     development right.
410          [(62)] (64) "Special district" means an entity under Title 17B, Limited Purpose Local
411     Government Entities - Special Districts, and any other governmental or quasi-governmental
412     entity that is not a county, municipality, school district, or the state.
413          [(63)] (65) "Specified public agency" means:
414          (a) the state;
415          (b) a school district; or
416          (c) a charter school.
417          [(64)] (66) "Specified public utility" means an electrical corporation, gas corporation,
418     or telephone corporation, as those terms are defined in Section 54-2-1.
419          [(65)] (67) "State" includes any department, division, or agency of the state.
420          [(66)] (68) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
421     to be divided into two or more lots or other division of land for the purpose, whether
422     immediate or future, for offer, sale, lease, or development either on the installment plan or
423     upon any and all other plans, terms, and conditions.
424          (b) "Subdivision" includes:
425          (i) the division or development of land, whether by deed, metes and bounds
426     description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
427     the division includes all or a portion of a parcel or lot; and
428          (ii) except as provided in Subsection [(65)(c)] (68)(c), divisions of land for residential
429     and nonresidential uses, including land used or to be used for commercial, agricultural, and
430     industrial purposes.
431          (c) "Subdivision" does not include:
432          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
433     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
434     neither the resulting combined parcel nor the parcel remaining from the division or partition
435     violates an applicable land use ordinance;
436          (ii) a boundary line agreement recorded with the county recorder's office between
437     owners of adjoining parcels adjusting the mutual boundary in accordance with Section
438     10-9a-524 if no new parcel is created;
439          (iii) a recorded document, executed by the owner of record:
440          (A) revising the legal descriptions of multiple parcels into one legal description
441     encompassing all such parcels; or
442          (B) joining a lot to a parcel;
443          (iv) a boundary line agreement between owners of adjoining subdivided properties
444     adjusting the mutual lot line boundary in accordance with Sections 10-9a-524 and 10-9a-608 if:
445          (A) no new dwelling lot or housing unit will result from the adjustment; and
446          (B) the adjustment will not violate any applicable land use ordinance;
447          (v) a bona fide division of land by deed or other instrument if the deed or other
448     instrument states in writing that the division:
449          (A) is in anticipation of future land use approvals on the parcel or parcels;
450          (B) does not confer any land use approvals; and
451          (C) has not been approved by the land use authority;
452          (vi) a parcel boundary adjustment;
453          (vii) a lot line adjustment;
454          (viii) a road, street, or highway dedication plat;
455          (ix) a deed or easement for a road, street, or highway purpose; or
456          (x) any other division of land authorized by law.
457          [(67)] (69) (a) "Subdivision amendment" means an amendment to a recorded
458     subdivision in accordance with Section 10-9a-608 that:
459          (i) vacates all or a portion of the subdivision;
460          (ii) alters the outside boundary of the subdivision;
461          (iii) changes the number of lots within the subdivision;
462          (iv) alters a public right-of-way, a public easement, or public infrastructure within the
463     subdivision; or
464          (v) alters a common area or other common amenity within the subdivision.
465          (b) "Subdivision amendment" does not include a lot line adjustment, between a single
466     lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
467          [(68)] (70) "Substantial evidence" means evidence that:
468          (a) is beyond a scintilla; and
469          (b) a reasonable mind would accept as adequate to support a conclusion.
470          [(69)] (71) "Suspect soil" means soil that has:
471          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
472     3% swell potential;
473          (b) bedrock units with high shrink or swell susceptibility; or
474          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
475     commonly associated with dissolution and collapse features.
476          [(70)] (72) "Therapeutic school" means a residential group living facility:
477          (a) for four or more individuals who are not related to:
478          (i) the owner of the facility; or
479          (ii) the primary service provider of the facility;
480          (b) that serves students who have a history of failing to function:
481          (i) at home;
482          (ii) in a public school; or
483          (iii) in a nonresidential private school; and
484          (c) that offers:
485          (i) room and board; and
486          (ii) an academic education integrated with:
487          (A) specialized structure and supervision; or
488          (B) services or treatment related to a disability, an emotional development, a
489     behavioral development, a familial development, or a social development.
490          [(71)] (73) "Transferable development right" means a right to develop and use land that
491     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
492     land use rights from a designated sending zone to a designated receiving zone.
493          [(72)] (74) "Unincorporated" means the area outside of the incorporated area of a city
494     or town.
495          [(73)] (75) "Water interest" means any right to the beneficial use of water, including:
496          (a) each of the rights listed in Section 73-1-11; and
497          (b) an ownership interest in the right to the beneficial use of water represented by:
498          (i) a contract; or
499          (ii) a share in a water company, as defined in Section 73-3-3.5.
500          [(74)] (76) "Zoning map" means a map, adopted as part of a land use ordinance, that
501     depicts land use zones, overlays, or districts.
502          Section 2. Section 10-9a-305 is amended to read:
503          10-9a-305. Other entities required to conform to municipality's land use
504     ordinances -- Exceptions -- School districts, charter schools, home-based microschools,
505     and micro-education entities -- Submission of development plan and schedule.
506          (1) (a) Each county, municipality, school district, charter school, special district,
507     special service district, and political subdivision of the state shall conform to any applicable
508     land use ordinance of any municipality when installing, constructing, operating, or otherwise
509     using any area, land, or building situated within that municipality.
510          (b) In addition to any other remedies provided by law, when a municipality's land use
511     ordinance is violated or about to be violated by another political subdivision, that municipality
512     may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
513     prevent, enjoin, abate, or remove the improper installation, improvement, or use.
514          (2) (a) Except as provided in Subsection (3), a school district or charter school is
515     subject to a municipality's land use ordinances.
516          (b) (i) Notwithstanding Subsection (3), a municipality may:
517          (A) subject a charter school to standards within each zone pertaining to setback, height,
518     bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
519     staging; and
520          (B) impose regulations upon the location of a project that are necessary to avoid
521     unreasonable risks to health or safety, as provided in Subsection (3)(f).
522          (ii) The standards to which a municipality may subject a charter school under
523     Subsection (2)(b)(i) shall be objective standards only and may not be subjective.
524          (iii) Except as provided in Subsection (7)(d), the only basis upon which a municipality
525     may deny or withhold approval of a charter school's land use application is the charter school's
526     failure to comply with a standard imposed under Subsection (2)(b)(i).
527          (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
528     obligation to comply with a requirement of an applicable building or safety code to which it is
529     otherwise obligated to comply.
530          (3) A municipality may not:
531          (a) impose requirements for landscaping, fencing, aesthetic considerations,
532     construction methods or materials, additional building inspections, municipal building codes,
533     building use for educational purposes, or the placement or use of temporary classroom facilities
534     on school property;
535          (b) except as otherwise provided in this section, require a school district or charter
536     school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
537     school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
538     children and not located on or contiguous to school property, unless the roadway or sidewalk is
539     required to connect an otherwise isolated school site to an existing roadway;
540          (c) require a district or charter school to pay fees not authorized by this section;
541          (d) provide for inspection of school construction or assess a fee or other charges for
542     inspection, unless the school district or charter school is unable to provide for inspection by an
543     inspector, other than the project architect or contractor, who is qualified under criteria
544     established by the state superintendent;
545          (e) require a school district or charter school to pay any impact fee for an improvement
546     project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
547          (f) impose regulations upon the location of an educational facility except as necessary
548     to avoid unreasonable risks to health or safety; or
549          (g) for a land use or a structure owned or operated by a school district or charter school
550     that is not an educational facility but is used in support of providing instruction to pupils,
551     impose a regulation that:
552          (i) is not imposed on a similar land use or structure in the zone in which the land use or
553     structure is approved; or
554          (ii) uses the tax exempt status of the school district or charter school as criteria for
555     prohibiting or regulating the land use or location of the structure.
556          (4) Subject to Section 53E-3-710, a school district or charter school shall coordinate
557     the siting of a new school with the municipality in which the school is to be located, to:
558          (a) avoid or mitigate existing and potential traffic hazards, including consideration of
559     the impacts between the new school and future highways; and
560          (b) maximize school, student, and site safety.
561          (5) Notwithstanding Subsection (3)(d), a municipality may, at its discretion:
562          (a) provide a walk-through of school construction at no cost and at a time convenient to
563     the district or charter school; and
564          (b) provide recommendations based upon the walk-through.
565          (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
566          (i) a municipal building inspector;
567          (ii) (A) for a school district, a school district building inspector from that school
568     district; or
569          (B) for a charter school, a school district building inspector from the school district in
570     which the charter school is located; or
571          (iii) an independent, certified building inspector who is[: (A)] not an employee of the
572     contractor[; (B)], licensed to perform the inspection that the inspector is requested to perform,
573     and approved by[: (I)] a municipal building inspector[;] or:
574          [(II)] (A) [(Aa)] for a school district, a school district building inspector from that
575     school district; or
576          [(Bb)] (B) for a charter school, a school district building inspector from the school
577     district in which the charter school is located[; and].
578          [(C) licensed to perform the inspection that the inspector is requested to perform.]
579          (b) The approval under Subsection [(6)(a)(iii)(B)] (6)(a)(iii) may not be unreasonably
580     withheld.
581          (c) If a school district or charter school uses a school district or independent building
582     inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
583     the state superintendent of public instruction and municipal building official, on a monthly
584     basis during construction of the school building, a copy of each inspection certificate regarding
585     the school building.
586          (7) (a) A charter school, home-based microschool, or micro-education entity shall be
587     considered a permitted use in all zoning districts within a municipality.
588          (b) Each land use application for any approval required for a charter school,
589     home-based microschool, or micro-education entity, including an application for a building
590     permit, shall be processed on a first priority basis.
591          (c) Parking requirements for a charter school or a micro-education entity may not
592     exceed the minimum parking requirements for schools or other institutional public uses
593     throughout the municipality.
594          (d) If a municipality has designated zones for a sexually oriented business, or a
595     business which sells alcohol, a charter school or a micro-education entity may be prohibited
596     from a location which would otherwise defeat the purpose for the zone unless the charter
597     school or micro-education entity provides a waiver.
598          (e) (i) A school district [or a], charter school, or micro-education entity may seek a
599     certificate authorizing permanent occupancy of a school building from:
600          (A) the state superintendent of public instruction, as provided in Subsection
601     53E-3-706(3), if the school district or charter school used an independent building inspector for
602     inspection of the school building; or
603          (B) a municipal official with authority to issue the certificate, if the school district [or],
604     charter school, or micro-education entity used a municipal building inspector for inspection of
605     the school building.
606          (ii) A school district may issue its own certificate authorizing permanent occupancy of
607     a school building if it used its own building inspector for inspection of the school building,
608     subject to the notification requirement of Subsection 53E-3-706(3)(a)(ii).
609          (iii) A charter school or micro-education entity may seek a certificate authorizing
610     permanent occupancy of a school building from a school district official with authority to issue
611     the certificate, if the charter school or micro-education entity used a school district building
612     inspector for inspection of the school building.
613          (iv) A certificate authorizing permanent occupancy issued by the state superintendent
614     of public instruction under Subsection 53E-3-706(3) or a school district official with authority
615     to issue the certificate shall be considered to satisfy any municipal requirement for an
616     inspection or a certificate of occupancy.
617          (f) (i) A micro-education entity may operate in a facility that meets Group E
618     Occupancy requirements as defined by the International Building Code, as incorporated by
619     Subsection 15A-2-103(1)(a).
620          (ii) A micro-education entity operating in a facility described in Subsection (7)(f)(i):
621          (A) may have up to 100 students in the facility; and
622          (B) shall have enough space for at least 20 net square feet per student.
623          (g) A micro-education entity may operate in a facility that is subject to and complies
624     with the same occupancy requirements as a Class B Occupancy as defined by the International
625     Building Code, as incorporated by Subsection 15A-2-103(1)(a), if:
626          (i) the facility has a code compliant fire alarm system and carbon monoxide detection
627     system;
628          (ii) (A) each classroom in the facility has an exit directly to the outside at the level of
629     exit or discharge; or
630          (B) the structure has a code compliant fire sprinkler system;
631          (iii) the facility has an automatic fire sprinkler system in fire areas of the facility that
632     are greater than 12,000 square feet; and
633          (iv) the facility has enough space for at least 20 net square feet per student.
634          (h) (i) A home-based microschool is not subject to additional occupancy requirements
635     beyond occupancy requirements that apply to a primary dwelling, except that the home-based
636     microschool shall have enough space for at least 35 net square feet per student.
637          (ii) If a floor that is below grade in a home-based microschool is used for home-based
638     microschool purposes, the below grade floor of the home-based microschool shall have at least
639     one emergency escape or rescue window that complies with the requirements for emergency
640     escape and rescue windows as defined by the International Residential Code, as incorporated
641     by Section 15A-1-210.
642          (8) (a) A specified public agency intending to develop its land shall submit to the land
643     use authority a development plan and schedule:
644          (i) as early as practicable in the development process, but no later than the
645     commencement of construction; and
646          (ii) with sufficient detail to enable the land use authority to assess:
647          (A) the specified public agency's compliance with applicable land use ordinances;
648          (B) the demand for public facilities listed in Subsections 11-36a-102(17)(a), (b), (c),
649     (d), (e), and (g) caused by the development;
650          (C) the amount of any applicable fee described in Section 10-9a-510;
651          (D) any credit against an impact fee; and
652          (E) the potential for waiving an impact fee.
653          (b) The land use authority shall respond to a specified public agency's submission
654     under Subsection (8)(a) with reasonable promptness in order to allow the specified public
655     agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
656     process of preparing the budget for the development.
657          (9) Nothing in this section may be construed to:
658          (a) modify or supersede Section 10-9a-304; or
659          (b) authorize a municipality to enforce an ordinance in a way, or enact an ordinance,
660     that fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
661     Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
662     1990, 42 U.S.C. 12102, or any other provision of federal law.
663          (10) Nothing in Subsection (7) prevents a political subdivision from:
664          (a) requiring a home-based microschool or micro-education entity to comply with
665     municipal zoning and land use regulations that do not conflict with this section, including:
666          (i) parking;
667          (ii) traffic; and
668          (iii) hours of operation;
669          (b) requiring a home-based microschool or micro-education entity to obtain a business
670     license;
671          (c) enacting municipal ordinances and regulations consistent with this section;
672          (d) subjecting a micro-education entity to standards within each zone pertaining to
673     setback, height, bulk and massing regulations, off-site parking, curb cut, traffic circulation, and
674     construction staging; and
675          (e) imposing regulations on the location of a project that are necessary to avoid risks to
676     health or safety.
677          Section 3. Section 10-9a-529 is amended to read:
678          10-9a-529. Specified public utility located in a municipal utility easement.
679          A specified public utility may exercise each power of a public utility under Section
680     54-3-27 if the specified public utility uses an easement:
681          (1) with the consent of a municipality; and
682          (2) that is located within a municipal utility easement described in Subsections
683     [10-9a-103(40)(a) through (e)] 10-9a-103(42)(a) through (e).
684          Section 4. Section 17-27a-103 is amended to read:
685          17-27a-103. Definitions.
686          As used in this chapter:
687          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
688     detached from a primary single-family dwelling and contained on one lot.
689          (2) "Adversely affected party" means a person other than a land use applicant who:
690          (a) owns real property adjoining the property that is the subject of a land use
691     application or land use decision; or
692          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
693     general community as a result of the land use decision.
694          (3) "Affected entity" means a county, municipality, special district, special service
695     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
696     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
697     property owner, property owner's association, public utility, or the Department of
698     Transportation, if:
699          (a) the entity's services or facilities are likely to require expansion or significant
700     modification because of an intended use of land;
701          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
702     or
703          (c) the entity has filed with the county a request for notice during the same calendar
704     year and before the county provides notice to an affected entity in compliance with a
705     requirement imposed under this chapter.
706          (4) "Affected owner" means the owner of real property that is:
707          (a) a single project;
708          (b) the subject of a land use approval that sponsors of a referendum timely challenged
709     in accordance with Subsection 20A-7-601(6); and
710          (c) determined to be legally referable under Section 20A-7-602.8.
711          (5) "Appeal authority" means the person, board, commission, agency, or other body
712     designated by ordinance to decide an appeal of a decision of a land use application or a
713     variance.
714          (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
715     residential property if the sign is designed or intended to direct attention to a business, product,
716     or service that is not sold, offered, or existing on the property where the sign is located.
717          (7) (a) "Charter school" means:
718          (i) an operating charter school;
719          (ii) a charter school applicant that a charter school authorizer approves in accordance
720     with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
721          (iii) an entity that is working on behalf of a charter school or approved charter
722     applicant to develop or construct a charter school building.
723          (b) "Charter school" does not include a therapeutic school.
724          (8) "Chief executive officer" means the person or body that exercises the executive
725     powers of the county.
726          (9) "Conditional use" means a land use that, because of the unique characteristics or
727     potential impact of the land use on the county, surrounding neighbors, or adjacent land uses,
728     may not be compatible in some areas or may be compatible only if certain conditions are
729     required that mitigate or eliminate the detrimental impacts.
730          (10) "Constitutional taking" means a governmental action that results in a taking of
731     private property so that compensation to the owner of the property is required by the:
732          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
733          (b) Utah Constitution, Article I, Section 22.
734          (11) "County utility easement" means an easement that:
735          (a) a plat recorded in a county recorder's office described as a county utility easement
736     or otherwise as a utility easement;
737          (b) is not a protected utility easement or a public utility easement as defined in Section
738     54-3-27;
739          (c) the county or the county's affiliated governmental entity owns or creates; and
740          (d) (i) either:
741          (A) no person uses or occupies; or
742          (B) the county or the county's affiliated governmental entity uses and occupies to
743     provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
744     communications or data lines; or
745          (ii) a person uses or occupies with or without an authorized franchise or other
746     agreement with the county.
747          (12) "Culinary water authority" means the department, agency, or public entity with
748     responsibility to review and approve the feasibility of the culinary water system and sources for
749     the subject property.
750          (13) "Development activity" means:
751          (a) any construction or expansion of a building, structure, or use that creates additional
752     demand and need for public facilities;
753          (b) any change in use of a building or structure that creates additional demand and need
754     for public facilities; or
755          (c) any change in the use of land that creates additional demand and need for public
756     facilities.
757          (14) (a) "Development agreement" means a written agreement or amendment to a
758     written agreement between a county and one or more parties that regulates or controls the use
759     or development of a specific area of land.
760          (b) "Development agreement" does not include an improvement completion assurance.
761          (15) (a) "Disability" means a physical or mental impairment that substantially limits
762     one or more of a person's major life activities, including a person having a record of such an
763     impairment or being regarded as having such an impairment.
764          (b) "Disability" does not include current illegal use of, or addiction to, any federally
765     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
766     Sec. 802.
767          (16) "Educational facility":
768          (a) means:
769          (i) a school district's building at which pupils assemble to receive instruction in a
770     program for any combination of grades from preschool through grade 12, including
771     kindergarten and a program for children with disabilities;
772          (ii) a structure or facility:
773          (A) located on the same property as a building described in Subsection (16)(a)(i); and
774          (B) used in support of the use of that building; and
775          (iii) a building to provide office and related space to a school district's administrative
776     personnel; and
777          (b) does not include:
778          (i) land or a structure, including land or a structure for inventory storage, equipment
779     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
780          (A) not located on the same property as a building described in Subsection (16)(a)(i);
781     and
782          (B) used in support of the purposes of a building described in Subsection (16)(a)(i); or
783          (ii) a therapeutic school.
784          (17) "Fire authority" means the department, agency, or public entity with responsibility
785     to review and approve the feasibility of fire protection and suppression services for the subject
786     property.
787          (18) "Flood plain" means land that:
788          (a) is within the 100-year flood plain designated by the Federal Emergency
789     Management Agency; or
790          (b) has not been studied or designated by the Federal Emergency Management Agency
791     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
792     the land has characteristics that are similar to those of a 100-year flood plain designated by the
793     Federal Emergency Management Agency.
794          (19) "Gas corporation" has the same meaning as defined in Section 54-2-1.
795          (20) "General plan" means a document that a county adopts that sets forth general
796     guidelines for proposed future development of:
797          (a) the unincorporated land within the county; or
798          (b) for a mountainous planning district, the land within the mountainous planning
799     district.
800          (21) "Geologic hazard" means:
801          (a) a surface fault rupture;
802          (b) shallow groundwater;
803          (c) liquefaction;
804          (d) a landslide;
805          (e) a debris flow;
806          (f) unstable soil;
807          (g) a rock fall; or
808          (h) any other geologic condition that presents a risk:
809          (i) to life;
810          (ii) of substantial loss of real property; or
811          (iii) of substantial damage to real property.
812          (22) "Home-based microschool" means the same as that term is defined in Section
813     53G-6-201.
814          [(22)] (23) "Hookup fee" means a fee for the installation and inspection of any pipe,
815     line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
816     utility system.
817          [(23)] (24) "Identical plans" means building plans submitted to a county that:
818          (a) are clearly marked as "identical plans";
819          (b) are substantially identical building plans that were previously submitted to and
820     reviewed and approved by the county; and
821          (c) describe a building that:
822          (i) is located on land zoned the same as the land on which the building described in the
823     previously approved plans is located;
824          (ii) is subject to the same geological and meteorological conditions and the same law
825     as the building described in the previously approved plans;
826          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
827     and approved by the county; and
828          (iv) does not require any additional engineering or analysis.
829          [(24)] (25) "Impact fee" means a payment of money imposed under Title 11, Chapter
830     36a, Impact Fees Act.
831          [(25)] (26) "Improvement completion assurance" means a surety bond, letter of credit,
832     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
833     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
834     required as a condition precedent to:
835          (a) recording a subdivision plat; or
836          (b) development of a commercial, industrial, mixed use, or multifamily project.
837          [(26)] (27) "Improvement warranty" means an applicant's unconditional warranty that
838     the applicant's installed and accepted landscaping or infrastructure improvement:
839          (a) complies with the county's written standards for design, materials, and
840     workmanship; and
841          (b) will not fail in any material respect, as a result of poor workmanship or materials,
842     within the improvement warranty period.
843          [(27)] (28) "Improvement warranty period" means a period:
844          (a) no later than one year after a county's acceptance of required landscaping; or
845          (b) no later than one year after a county's acceptance of required infrastructure, unless
846     the county:
847          (i) determines for good cause that a one-year period would be inadequate to protect the
848     public health, safety, and welfare; and
849          (ii) has substantial evidence, on record:
850          (A) of prior poor performance by the applicant; or
851          (B) that the area upon which the infrastructure will be constructed contains suspect soil
852     and the county has not otherwise required the applicant to mitigate the suspect soil.
853          [(28)] (29) "Infrastructure improvement" means permanent infrastructure that is
854     essential for the public health and safety or that:
855          (a) is required for human consumption; and
856          (b) an applicant must install:
857          (i) in accordance with published installation and inspection specifications for public
858     improvements; and
859          (ii) as a condition of:
860          (A) recording a subdivision plat;
861          (B) obtaining a building permit; or
862          (C) developing a commercial, industrial, mixed use, condominium, or multifamily
863     project.
864          [(29)] (30) "Internal lot restriction" means a platted note, platted demarcation, or
865     platted designation that:
866          (a) runs with the land; and
867          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
868     the plat; or
869          (ii) designates a development condition that is enclosed within the perimeter of a lot
870     described on the plat.
871          [(30)] (31) "Interstate pipeline company" means a person or entity engaged in natural
872     gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
873     under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
874          [(31)] (32) "Intrastate pipeline company" means a person or entity engaged in natural
875     gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
876     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
877          [(32)] (33) "Land use applicant" means a property owner, or the property owner's
878     designee, who submits a land use application regarding the property owner's land.
879          [(33)] (34) "Land use application":
880          (a) means an application that is:
881          (i) required by a county; and
882          (ii) submitted by a land use applicant to obtain a land use decision; and
883          (b) does not mean an application to enact, amend, or repeal a land use regulation.
884          [(34)] (35) "Land use authority" means:
885          (a) a person, board, commission, agency, or body, including the local legislative body,
886     designated by the local legislative body to act upon a land use application; or
887          (b) if the local legislative body has not designated a person, board, commission,
888     agency, or body, the local legislative body.
889          [(35)] (36) "Land use decision" means an administrative decision of a land use
890     authority or appeal authority regarding:
891          (a) a land use permit;
892          (b) a land use application; or
893          (c) the enforcement of a land use regulation, land use permit, or development
894     agreement.
895          [(36)] (37) "Land use permit" means a permit issued by a land use authority.
896          [(37)] (38) "Land use regulation":
897          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
898     specification, fee, or rule that governs the use or development of land;
899          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
900     and
901          (c) does not include:
902          (i) a land use decision of the legislative body acting as the land use authority, even if
903     the decision is expressed in a resolution or ordinance; or
904          (ii) a temporary revision to an engineering specification that does not materially:
905          (A) increase a land use applicant's cost of development compared to the existing
906     specification; or
907          (B) impact a land use applicant's use of land.
908          [(38)] (39) "Legislative body" means the county legislative body, or for a county that
909     has adopted an alternative form of government, the body exercising legislative powers.
910          [(39)] (40) "Lot" means a tract of land, regardless of any label, that is created by and
911     shown on a subdivision plat that has been recorded in the office of the county recorder.
912          [(40)] (41) (a) "Lot line adjustment" means a relocation of a lot line boundary between
913     adjoining lots or between a lot and adjoining parcels in accordance with Section 17-27a-608:
914          (i) whether or not the lots are located in the same subdivision; and
915          (ii) with the consent of the owners of record.
916          (b) "Lot line adjustment" does not mean a new boundary line that:
917          (i) creates an additional lot; or
918          (ii) constitutes a subdivision or a subdivision amendment.
919          (c) "Lot line adjustment" does not include a boundary line adjustment made by the
920     Department of Transportation.
921          [(41)] (42) "Major transit investment corridor" means public transit service that uses or
922     occupies:
923          (a) public transit rail right-of-way;
924          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
925     or
926          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
927     municipality or county and:
928          (i) a public transit district as defined in Section 17B-2a-802; or
929          (ii) an eligible political subdivision as defined in Section 59-12-2219.
930          (43) "Micro-education entity" means that same as that term is defined in Section
931     53G-6-201.
932          [(42)] (44) "Moderate income housing" means housing occupied or reserved for
933     occupancy by households with a gross household income equal to or less than 80% of the
934     median gross income for households of the same size in the county in which the housing is
935     located.
936          [(43)] (45) "Mountainous planning district" means an area designated by a county
937     legislative body in accordance with Section 17-27a-901.
938          [(44)] (46) "Nominal fee" means a fee that reasonably reimburses a county only for
939     time spent and expenses incurred in:
940          (a) verifying that building plans are identical plans; and
941          (b) reviewing and approving those minor aspects of identical plans that differ from the
942     previously reviewed and approved building plans.
943          [(45)] (47) "Noncomplying structure" means a structure that:
944          (a) legally existed before the structure's current land use designation; and
945          (b) because of one or more subsequent land use ordinance changes, does not conform
946     to the setback, height restrictions, or other regulations, excluding those regulations that govern
947     the use of land.
948          [(46)] (48) "Nonconforming use" means a use of land that:
949          (a) legally existed before the current land use designation;
950          (b) has been maintained continuously since the time the land use ordinance regulation
951     governing the land changed; and
952          (c) because of one or more subsequent land use ordinance changes, does not conform
953     to the regulations that now govern the use of the land.
954          [(47)] (49) "Official map" means a map drawn by county authorities and recorded in
955     the county recorder's office that:
956          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
957     highways and other transportation facilities;
958          (b) provides a basis for restricting development in designated rights-of-way or between
959     designated setbacks to allow the government authorities time to purchase or otherwise reserve
960     the land; and
961          (c) has been adopted as an element of the county's general plan.
962          [(48)] (50) "Parcel" means any real property that is not a lot.
963          [(49)] (51) (a) "Parcel boundary adjustment" means a recorded agreement between
964     owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
965     line agreement in accordance with Section 17-27a-523, if no additional parcel is created and:
966          (i) none of the property identified in the agreement is a lot; or
967          (ii) the adjustment is to the boundaries of a single person's parcels.
968          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
969     line that:
970          (i) creates an additional parcel; or
971          (ii) constitutes a subdivision.
972          (c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
973     the Department of Transportation.
974          [(50)] (52) "Person" means an individual, corporation, partnership, organization,
975     association, trust, governmental agency, or any other legal entity.
976          [(51)] (53) "Plan for moderate income housing" means a written document adopted by
977     a county legislative body that includes:
978          (a) an estimate of the existing supply of moderate income housing located within the
979     county;
980          (b) an estimate of the need for moderate income housing in the county for the next five
981     years;
982          (c) a survey of total residential land use;
983          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
984     income housing; and
985          (e) a description of the county's program to encourage an adequate supply of moderate
986     income housing.
987          [(52)] (54) "Planning advisory area" means a contiguous, geographically defined
988     portion of the unincorporated area of a county established under this part with planning and
989     zoning functions as exercised through the planning advisory area planning commission, as
990     provided in this chapter, but with no legal or political identity separate from the county and no
991     taxing authority.
992          [(53)] (55) "Plat" means an instrument subdividing property into lots as depicted on a
993     map or other graphical representation of lands that a licensed professional land surveyor makes
994     and prepares in accordance with Section 17-27a-603 or 57-8-13.
995          [(54)] (56) "Potential geologic hazard area" means an area that:
996          (a) is designated by a Utah Geological Survey map, county geologist map, or other
997     relevant map or report as needing further study to determine the area's potential for geologic
998     hazard; or
999          (b) has not been studied by the Utah Geological Survey or a county geologist but
1000     presents the potential of geologic hazard because the area has characteristics similar to those of
1001     a designated geologic hazard area.
1002          [(55)] (57) "Public agency" means:
1003          (a) the federal government;
1004          (b) the state;
1005          (c) a county, municipality, school district, special district, special service district, or
1006     other political subdivision of the state; or
1007          (d) a charter school.
1008          [(56)] (58) "Public hearing" means a hearing at which members of the public are
1009     provided a reasonable opportunity to comment on the subject of the hearing.
1010          [(57)] (59) "Public meeting" means a meeting that is required to be open to the public
1011     under Title 52, Chapter 4, Open and Public Meetings Act.
1012          [(58)] (60) "Public street" means a public right-of-way, including a public highway,
1013     public avenue, public boulevard, public parkway, public road, public lane, public alley, public
1014     viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
1015     easement, or other public way.
1016          [(59)] (61) "Receiving zone" means an unincorporated area of a county that the county
1017     designates, by ordinance, as an area in which an owner of land may receive a transferable
1018     development right.
1019          [(60)] (62) "Record of survey map" means a map of a survey of land prepared in
1020     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1021          [(61)] (63) "Residential facility for persons with a disability" means a residence:
1022          (a) in which more than one person with a disability resides; and
1023          (b) which is licensed or certified by the Department of Health and Human Services
1024     under:
1025          (i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
1026          (ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
1027          [(62)] (64) "Residential roadway" means a public local residential road that:
1028          (a) will serve primarily to provide access to adjacent primarily residential areas and
1029     property;
1030          (b) is designed to accommodate minimal traffic volumes or vehicular traffic;
1031          (c) is not identified as a supplementary to a collector or other higher system classified
1032     street in an approved municipal street or transportation master plan;
1033          (d) has a posted speed limit of 25 miles per hour or less;
1034          (e) does not have higher traffic volumes resulting from connecting previously separated
1035     areas of the municipal road network;
1036          (f) cannot have a primary access, but can have a secondary access, and does not abut
1037     lots intended for high volume traffic or community centers, including schools, recreation
1038     centers, sports complexes, or libraries; and
1039          (g) primarily serves traffic within a neighborhood or limited residential area and is not
1040     necessarily continuous through several residential areas.
1041          [(63)] (65) "Rules of order and procedure" means a set of rules that govern and
1042     prescribe in a public meeting:
1043          (a) parliamentary order and procedure;
1044          (b) ethical behavior; and
1045          (c) civil discourse.
1046          [(64)] (66) "Sanitary sewer authority" means the department, agency, or public entity
1047     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1048     wastewater systems.
1049          [(65)] (67) "Sending zone" means an unincorporated area of a county that the county
1050     designates, by ordinance, as an area from which an owner of land may transfer a transferable
1051     development right.
1052          [(66)] (68) "Site plan" means a document or map that may be required by a county
1053     during a preliminary review preceding the issuance of a building permit to demonstrate that an
1054     owner's or developer's proposed development activity meets a land use requirement.
1055          [(67)] (69) (a) "Special district" means an entity under Title 17B, Limited Purpose
1056     Local Government Entities - Special Districts.
1057          (b) "Special district" includes a governmental or quasi-governmental entity that is not a
1058     county, municipality, school district, or the state.
1059          [(68)] (70) "Specified public agency" means:
1060          (a) the state;
1061          (b) a school district; or
1062          (c) a charter school.
1063          [(69)] (71) "Specified public utility" means an electrical corporation, gas corporation,
1064     or telephone corporation, as those terms are defined in Section 54-2-1.
1065          [(70)] (72) "State" includes any department, division, or agency of the state.
1066          [(71)] (73) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
1067     to be divided into two or more lots or other division of land for the purpose, whether
1068     immediate or future, for offer, sale, lease, or development either on the installment plan or
1069     upon any and all other plans, terms, and conditions.
1070          (b) "Subdivision" includes:
1071          (i) the division or development of land, whether by deed, metes and bounds
1072     description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
1073     the division includes all or a portion of a parcel or lot; and
1074          (ii) except as provided in Subsection [(70)(c)] (73)(c), divisions of land for residential
1075     and nonresidential uses, including land used or to be used for commercial, agricultural, and
1076     industrial purposes.
1077          (c) "Subdivision" does not include:
1078          (i) a bona fide division or partition of agricultural land for agricultural purposes;
1079          (ii) a boundary line agreement recorded with the county recorder's office between
1080     owners of adjoining parcels adjusting the mutual boundary in accordance with Section
1081     17-27a-523 if no new lot is created;
1082          (iii) a recorded document, executed by the owner of record:
1083          (A) revising the legal descriptions of multiple parcels into one legal description
1084     encompassing all such parcels; or
1085          (B) joining a lot to a parcel;
1086          (iv) a bona fide division or partition of land in a county other than a first class county
1087     for the purpose of siting, on one or more of the resulting separate parcels:
1088          (A) an electrical transmission line or a substation;
1089          (B) a natural gas pipeline or a regulation station; or
1090          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1091     utility service regeneration, transformation, retransmission, or amplification facility;
1092          (v) a boundary line agreement between owners of adjoining subdivided properties
1093     adjusting the mutual lot line boundary in accordance with Sections 17-27a-523 and 17-27a-608
1094     if:
1095          (A) no new dwelling lot or housing unit will result from the adjustment; and
1096          (B) the adjustment will not violate any applicable land use ordinance;
1097          (vi) a bona fide division of land by deed or other instrument if the deed or other
1098     instrument states in writing that the division:
1099          (A) is in anticipation of future land use approvals on the parcel or parcels;
1100          (B) does not confer any land use approvals; and
1101          (C) has not been approved by the land use authority;
1102          (vii) a parcel boundary adjustment;
1103          (viii) a lot line adjustment;
1104          (ix) a road, street, or highway dedication plat;
1105          (x) a deed or easement for a road, street, or highway purpose; or
1106          (xi) any other division of land authorized by law.
1107          [(72)] (74) (a) "Subdivision amendment" means an amendment to a recorded
1108     subdivision in accordance with Section 17-27a-608 that:
1109          (i) vacates all or a portion of the subdivision;
1110          (ii) alters the outside boundary of the subdivision;
1111          (iii) changes the number of lots within the subdivision;
1112          (iv) alters a public right-of-way, a public easement, or public infrastructure within the
1113     subdivision; or
1114          (v) alters a common area or other common amenity within the subdivision.
1115          (b) "Subdivision amendment" does not include a lot line adjustment, between a single
1116     lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
1117          [(73)] (75) "Substantial evidence" means evidence that:
1118          (a) is beyond a scintilla; and
1119          (b) a reasonable mind would accept as adequate to support a conclusion.
1120          [(74)] (76) "Suspect soil" means soil that has:
1121          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1122     3% swell potential;
1123          (b) bedrock units with high shrink or swell susceptibility; or
1124          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1125     commonly associated with dissolution and collapse features.
1126          [(75)] (77) "Therapeutic school" means a residential group living facility:
1127          (a) for four or more individuals who are not related to:
1128          (i) the owner of the facility; or
1129          (ii) the primary service provider of the facility;
1130          (b) that serves students who have a history of failing to function:
1131          (i) at home;
1132          (ii) in a public school; or
1133          (iii) in a nonresidential private school; and
1134          (c) that offers:
1135          (i) room and board; and
1136          (ii) an academic education integrated with:
1137          (A) specialized structure and supervision; or
1138          (B) services or treatment related to a disability, an emotional development, a
1139     behavioral development, a familial development, or a social development.
1140          [(76)] (78) "Transferable development right" means a right to develop and use land that
1141     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1142     land use rights from a designated sending zone to a designated receiving zone.
1143          [(77)] (79) "Unincorporated" means the area outside of the incorporated area of a
1144     municipality.
1145          [(78)] (80) "Water interest" means any right to the beneficial use of water, including:
1146          (a) each of the rights listed in Section 73-1-11; and
1147          (b) an ownership interest in the right to the beneficial use of water represented by:
1148          (i) a contract; or
1149          (ii) a share in a water company, as defined in Section 73-3-3.5.
1150          [(79)] (81) "Zoning map" means a map, adopted as part of a land use ordinance, that
1151     depicts land use zones, overlays, or districts.
1152          Section 5. Section 17-27a-305 is amended to read:
1153          17-27a-305. Other entities required to conform to county's land use ordinances --
1154     Exceptions -- School districts, charter schools, home-based microschools, and
1155     micro-education entities -- Submission of development plan and schedule.
1156          (1) (a) Each county, municipality, school district, charter school, special district,
1157     special service district, and political subdivision of the state shall conform to any applicable
1158     land use ordinance of any county when installing, constructing, operating, or otherwise using
1159     any area, land, or building situated within a mountainous planning district or the
1160     unincorporated portion of the county, as applicable.
1161          (b) In addition to any other remedies provided by law, when a county's land use
1162     ordinance is violated or about to be violated by another political subdivision, that county may
1163     institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
1164     prevent, enjoin, abate, or remove the improper installation, improvement, or use.
1165          (2) (a) Except as provided in Subsection (3), a school district or charter school is
1166     subject to a county's land use ordinances.
1167          (b) (i) Notwithstanding Subsection (3), a county may:
1168          (A) subject a charter school to standards within each zone pertaining to setback, height,
1169     bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
1170     staging; and
1171          (B) impose regulations upon the location of a project that are necessary to avoid
1172     unreasonable risks to health or safety, as provided in Subsection (3)(f).
1173          (ii) The standards to which a county may subject a charter school under Subsection
1174     (2)(b)(i) shall be objective standards only and may not be subjective.
1175          (iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
1176     deny or withhold approval of a charter school's land use application is the charter school's
1177     failure to comply with a standard imposed under Subsection (2)(b)(i).
1178          (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
1179     obligation to comply with a requirement of an applicable building or safety code to which it is
1180     otherwise obligated to comply.
1181          (3) A county may not:
1182          (a) impose requirements for landscaping, fencing, aesthetic considerations,
1183     construction methods or materials, additional building inspections, county building codes,
1184     building use for educational purposes, or the placement or use of temporary classroom facilities
1185     on school property;
1186          (b) except as otherwise provided in this section, require a school district or charter
1187     school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
1188     school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
1189     children and not located on or contiguous to school property, unless the roadway or sidewalk is
1190     required to connect an otherwise isolated school site to an existing roadway;
1191          (c) require a district or charter school to pay fees not authorized by this section;
1192          (d) provide for inspection of school construction or assess a fee or other charges for
1193     inspection, unless the school district or charter school is unable to provide for inspection by an
1194     inspector, other than the project architect or contractor, who is qualified under criteria
1195     established by the state superintendent;
1196          (e) require a school district or charter school to pay any impact fee for an improvement
1197     project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
1198          (f) impose regulations upon the location of an educational facility except as necessary
1199     to avoid unreasonable risks to health or safety; or
1200          (g) for a land use or a structure owned or operated by a school district or charter school
1201     that is not an educational facility but is used in support of providing instruction to pupils,
1202     impose a regulation that:
1203          (i) is not imposed on a similar land use or structure in the zone in which the land use or
1204     structure is approved; or
1205          (ii) uses the tax exempt status of the school district or charter school as criteria for
1206     prohibiting or regulating the land use or location of the structure.
1207          (4) Subject to Section 53E-3-710, a school district or charter school shall coordinate
1208     the siting of a new school with the county in which the school is to be located, to:
1209          (a) avoid or mitigate existing and potential traffic hazards, including consideration of
1210     the impacts between the new school and future highways; and
1211          (b) maximize school, student, and site safety.
1212          (5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
1213          (a) provide a walk-through of school construction at no cost and at a time convenient to
1214     the district or charter school; and
1215          (b) provide recommendations based upon the walk-through.
1216          (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
1217          (i) a county building inspector;
1218          (ii) (A) for a school district, a school district building inspector from that school
1219     district; or
1220          (B) for a charter school, a school district building inspector from the school district in
1221     which the charter school is located; or
1222          (iii) an independent, certified building inspector who is[: (A)] not an employee of the
1223     contractor[; (B)], licensed to perform the inspection that the inspector is requested to perform,
1224     and approved by[: (I)] a county building inspector[;] or:
1225          [(II)] (A) [(Aa)] for a school district, a school district building inspector from that
1226     school district; or
1227          [(Bb)] (B) for a charter school, a school district building inspector from the school
1228     district in which the charter school is located[; and].
1229          [(C) licensed to perform the inspection that the inspector is requested to perform.]
1230          (b) The approval under Subsection [(6)(a)(iii)(B)] (6)(a)(iii) may not be unreasonably
1231     withheld.
1232          (c) If a school district or charter school uses a school district or independent building
1233     inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
1234     the state superintendent of public instruction and county building official, on a monthly basis
1235     during construction of the school building, a copy of each inspection certificate regarding the
1236     school building.
1237          (7) (a) A charter school, home-based microschool, or micro-education entity shall be
1238     considered a permitted use in all zoning districts within a county.
1239          (b) Each land use application for any approval required for a charter school,
1240     home-based microschool, or micro-education entity, including an application for a building
1241     permit, shall be processed on a first priority basis.
1242          (c) Parking requirements for a charter school or micro-education entity may not exceed
1243     the minimum parking requirements for schools or other institutional public uses throughout the
1244     county.
1245          (d) If a county has designated zones for a sexually oriented business, or a business
1246     which sells alcohol, a charter school or micro-education entity may be prohibited from a
1247     location which would otherwise defeat the purpose for the zone unless the charter school or
1248     micro-education entity provides a waiver.
1249          (e) (i) A school district [or a], charter school, or micro-education entity may seek a
1250     certificate authorizing permanent occupancy of a school building from:
1251          (A) the state superintendent of public instruction, as provided in Subsection
1252     53E-3-706(3), if the school district [or], charter school, or micro-education entity used an
1253     independent building inspector for inspection of the school building; or
1254          (B) a county official with authority to issue the certificate, if the school district [or],
1255     charter school, or micro-education entity used a county building inspector for inspection of the
1256     school building.
1257          (ii) A school district may issue its own certificate authorizing permanent occupancy of
1258     a school building if it used its own building inspector for inspection of the school building,
1259     subject to the notification requirement of Subsection 53E-3-706(3)(a)(ii).
1260          (iii) A charter school or micro-education entity may seek a certificate authorizing
1261     permanent occupancy of a school building from a school district official with authority to issue
1262     the certificate, if the charter school or micro-education entity used a school district building
1263     inspector for inspection of the school building.
1264          (iv) A certificate authorizing permanent occupancy issued by the state superintendent
1265     of public instruction under Subsection 53E-3-706(3) or a school district official with authority
1266     to issue the certificate shall be considered to satisfy any county requirement for an inspection or
1267     a certificate of occupancy.
1268          (f) (i) A micro-education entity may operate a facility that meets Group E Occupancy
1269     requirements as defined by the International Building Code, as incorporated by Subsection
1270     15A-2-103(1)(a).
1271          (ii) A micro-education entity operating in a facility described in Subsection (7)(f)(i):
1272          (A) may have up to 100 students in the facility; and
1273          (B) shall have enough space for at least 20 net square feet per student;
1274          (g) A micro-education entity may operate a facility that is subject to and complies with
1275     the same occupancy requirements as a Class B Occupancy as defined by the International
1276     Building Code, as incorporated by Subsection 15A-2-103(1)(a), if:
1277          (i) the facility has a code compliant fire alarm system and carbon monoxide detection
1278     system;
1279          (ii) (A) each classroom in the facility has an exit directly to the outside at the level of
1280     exit discharge; or
1281          (B) the structure has a code compliant fire sprinkler system;
1282          (iii) the facility has an automatic fire sprinkler system in fire areas of the facility that
1283     are greater than 12,000 square feet; and
1284          (iv) the facility has enough space for at least 20 net square feet per student.
1285          (h) (i) A home-based microschool is not subject to additional occupancy requirements
1286     beyond occupancy requirements that apply to a primary dwelling, except that the home-based
1287     microschool shall have enough space for at least 35 square feet per student.
1288          (ii) If a floor that is below grade in a home-based microschool is used for home-based
1289     microschool purposes, the below grade floor of the home-based microschool shall have at least
1290     one emergency escape or rescue window that complies with the requirements for emergency
1291     escape and rescue windows as defined by the International Residential Code, as incorporated in
1292     Section 15A-1-210.
1293          (8) (a) A specified public agency intending to develop its land shall submit to the land
1294     use authority a development plan and schedule:
1295          (i) as early as practicable in the development process, but no later than the
1296     commencement of construction; and
1297          (ii) with sufficient detail to enable the land use authority to assess:
1298          (A) the specified public agency's compliance with applicable land use ordinances;
1299          (B) the demand for public facilities listed in Subsections 11-36a-102(17)(a), (b), (c),
1300     (d), (e), and (g) caused by the development;
1301          (C) the amount of any applicable fee described in Section 17-27a-509;
1302          (D) any credit against an impact fee; and
1303          (E) the potential for waiving an impact fee.
1304          (b) The land use authority shall respond to a specified public agency's submission
1305     under Subsection (8)(a) with reasonable promptness in order to allow the specified public
1306     agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
1307     process of preparing the budget for the development.
1308          (9) Nothing in this section may be construed to:
1309          (a) modify or supersede Section 17-27a-304; or
1310          (b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that
1311     fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
1312     Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
1313     1990, 42 U.S.C. 12102, or any other provision of federal law.
1314          (10) Nothing in Subsection (7) prevents a political subdivision from:
1315          (a) requiring a home-based microschool or micro-education entity to comply with local
1316     zoning and land use regulations that do not conflict with this section, including:
1317          (i) parking;
1318          (ii) traffic; and
1319          (iii) hours of operation;
1320          (b) requiring a home-based microschool or micro-education entity to obtain a business
1321     license;
1322          (c) enacting county ordinances and regulations consistent with this section;
1323          (d) subjecting a micro-education entity to standards within each zone pertaining to
1324     setback, height, bulk and massing regulations, off-site parking, cub cut, traffic circulation, and
1325     construction staging; and
1326          (e) imposing regulations on the location of a project that are necessary to avoid risks to
1327     health or safety.
1328          (11) Notwithstanding any other provision of law, the proximity restrictions that apply
1329     to community locations do not apply to micro-education.
1330          Section 6. Section 32B-1-102 is amended to read:
1331          32B-1-102. Definitions.
1332          As used in this title:
1333          (1) "Airport lounge" means a business location:
1334          (a) at which an alcoholic product is sold at retail for consumption on the premises; and
1335          (b) that is located at an international airport or domestic airport.
1336          (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
1337     Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
1338          (3) "Alcoholic beverage" means the following:
1339          (a) beer; or
1340          (b) liquor.
1341          (4) (a) "Alcoholic product" means a product that:
1342          (i) contains at least .5% of alcohol by volume; and
1343          (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
1344     process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
1345     in an amount equal to or greater than .5% of alcohol by volume.
1346          (b) "Alcoholic product" includes an alcoholic beverage.
1347          (c) "Alcoholic product" does not include any of the following common items that
1348     otherwise come within the definition of an alcoholic product:
1349          (i) except as provided in Subsection (4)(d), an extract;
1350          (ii) vinegar;
1351          (iii) preserved nonintoxicating cider;
1352          (iv) essence;
1353          (v) tincture;
1354          (vi) food preparation; or
1355          (vii) an over-the-counter medicine.
1356          (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
1357     when it is used as a flavoring in the manufacturing of an alcoholic product.
1358          (5) "Alcohol training and education seminar" means a seminar that is:
1359          (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
1360          (b) described in Section 26B-5-205.
1361          (6) "Arena" means an enclosed building:
1362          (a) that is managed by:
1363          (i) the same person who owns the enclosed building;
1364          (ii) a person who has a majority interest in each person who owns or manages a space
1365     in the enclosed building; or
1366          (iii) a person who has authority to direct or exercise control over the management or
1367     policy of each person who owns or manages a space in the enclosed building;
1368          (b) that operates as a venue; and
1369          (c) that has an occupancy capacity of at least 12,500.
1370          (7) "Arena license" means a license issued in accordance with Chapter 5, Retail
1371     License Act, and Chapter 8c, Arena License Act.
1372          (8) "Banquet" means an event:
1373          (a) that is a private event or a privately sponsored event;
1374          (b) that is held at one or more designated locations approved by the commission in or
1375     on the premises of:
1376          (i) a hotel;
1377          (ii) a resort facility;
1378          (iii) a sports center;
1379          (iv) a convention center;
1380          (v) a performing arts facility;
1381          (vi) an arena; or
1382          (vii) a restaurant venue;
1383          (c) for which there is a contract:
1384          (i) between a person operating a facility listed in Subsection (8)(b) and another person
1385     that has common ownership of less than 20% with the person operating the facility; and
1386          (ii) under which the person operating a facility listed in Subsection (8)(b) is required to
1387     provide an alcoholic product at the event; and
1388          (d) at which food and alcoholic products may be sold, offered for sale, or furnished.
1389          (9) (a) "Bar establishment license" means a license issued in accordance with Chapter
1390     5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
1391          (b) "Bar establishment license" includes:
1392          (i) a dining club license;
1393          (ii) an equity license;
1394          (iii) a fraternal license; or
1395          (iv) a bar license.
1396          (10) "Bar license" means a license issued in accordance with Chapter 5, Retail License
1397     Act, and Chapter 6, Part 4, Bar Establishment License.
1398          (11) (a) "Beer" means a product that:
1399          (i) contains:
1400          (A) at least .5% of alcohol by volume; and
1401          (B) no more than 5% of alcohol by volume or 4% by weight;
1402          (ii) is obtained by fermentation, infusion, or decoction of:
1403          (A) malt; or
1404          (B) a malt substitute; and
1405          (iii) is clearly marketed, labeled, and identified as:
1406          (A) beer;
1407          (B) ale;
1408          (C) porter;
1409          (D) stout;
1410          (E) lager;
1411          (F) a malt;
1412          (G) a malted beverage; or
1413          (H) seltzer.
1414          (b) "Beer" may contain:
1415          (i) hops extract;
1416          (ii) caffeine, if the caffeine is a natural constituent of an added ingredient; or
1417          (iii) a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that:
1418          (A) is used in the production of beer;
1419          (B) is in a formula approved by the federal Alcohol and Tobacco Tax and Trade
1420     Bureau after the formula is filed for approval under 27 C.F.R. Sec. 25.55; and
1421          (C) does not contribute more than 10% of the overall alcohol content of the beer.
1422          (c) "Beer" does not include:
1423          (i) a flavored malt beverage;
1424          (ii) a product that contains alcohol derived from:
1425          (A) except as provided in Subsection (11)(b)(iii), spirituous liquor; or
1426          (B) wine; or
1427          (iii) a product that contains an additive masking or altering a physiological effect of
1428     alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
1429          (12) "Beer-only restaurant license" means a license issued in accordance with Chapter
1430     5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
1431          (13) "Beer retailer" means a business that:
1432          (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
1433     for consumption on or off the business premises; and
1434          (b) is licensed as:
1435          (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
1436     Retailer Local Authority; or
1437          (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
1438     Chapter 6, Part 7, On-Premise Beer Retailer License.
1439          (14) "Beer wholesaling license" means a license:
1440          (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
1441          (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
1442     retail licensees or off-premise beer retailers.
1443          (15) "Billboard" means a public display used to advertise, including:
1444          (a) a light device;
1445          (b) a painting;
1446          (c) a drawing;
1447          (d) a poster;
1448          (e) a sign;
1449          (f) a signboard; or
1450          (g) a scoreboard.
1451          (16) "Brewer" means a person engaged in manufacturing:
1452          (a) beer;
1453          (b) heavy beer; or
1454          (c) a flavored malt beverage.
1455          (17) "Brewery manufacturing license" means a license issued in accordance with
1456     Chapter 11, Part 5, Brewery Manufacturing License.
1457          (18) "Certificate of approval" means a certificate of approval obtained from the
1458     department under Section 32B-11-201.
1459          (19) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
1460     a bus company to a group of persons pursuant to a common purpose:
1461          (a) under a single contract;
1462          (b) at a fixed charge in accordance with the bus company's tariff; and
1463          (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
1464     motor vehicle, and a driver to travel together to one or more specified destinations.
1465          (20) "Church" means a building:
1466          (a) set apart for worship;
1467          (b) in which religious services are held;
1468          (c) with which clergy is associated; and
1469          (d) that is tax exempt under the laws of this state.
1470          (21) "Commission" means the Alcoholic Beverage Services Commission created in
1471     Section 32B-2-201.
1472          (22) "Commissioner" means a member of the commission.
1473          (23) "Community location" means:
1474          (a) a public or private school as defined in Subsection 32B-1-102(115);
1475          (b) a church;
1476          (c) a public library;
1477          (d) a public playground; or
1478          (e) a public park.
1479          (24) "Community location governing authority" means:
1480          (a) the governing body of the community location; or
1481          (b) if the commission does not know who is the governing body of a community
1482     location, a person who appears to the commission to have been given on behalf of the
1483     community location the authority to prohibit an activity at the community location.
1484          (25) "Container" means a receptacle that contains an alcoholic product, including:
1485          (a) a bottle;
1486          (b) a vessel; or
1487          (c) a similar item.
1488          (26) "Controlled group of manufacturers" means as the commission defines by rule
1489     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1490          (27) "Convention center" means a facility that is:
1491          (a) in total at least 30,000 square feet; and
1492          (b) otherwise defined as a "convention center" by the commission by rule.
1493          (28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
1494     where seating is provided to a patron for service of food.
1495          (b) "Counter" does not include a dispensing structure.
1496          (29) "Crime involving moral turpitude" is as defined by the commission by rule.
1497          (30) "Department" means the Department of Alcoholic Beverage Services created in
1498     Section 32B-2-203.
1499          (31) "Department compliance officer" means an individual who is:
1500          (a) an auditor or inspector; and
1501          (b) employed by the department.
1502          (32) "Department sample" means liquor that is placed in the possession of the
1503     department for testing, analysis, and sampling.
1504          (33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
1505     License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
1506     commission as a dining club license.
1507          (34) "Director," unless the context requires otherwise, means the director of the
1508     department.
1509          (35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
1510     title:
1511          (a) against a person subject to administrative action; and
1512          (b) that is brought on the basis of a violation of this title.
1513          (36) (a) Subject to Subsection (36)(b), "dispense" means:
1514          (i) drawing an alcoholic product; and
1515          (ii) using the alcoholic product at the location from which it was drawn to mix or
1516     prepare an alcoholic product to be furnished to a patron of the retail licensee.
1517          (b) The definition of "dispense" in this Subsection (36) applies only to:
1518          (i) a full-service restaurant license;
1519          (ii) a limited-service restaurant license;
1520          (iii) a reception center license;
1521          (iv) a beer-only restaurant license;
1522          (v) a bar license;
1523          (vi) an on-premise beer retailer;
1524          (vii) an airport lounge license;
1525          (viii) an on-premise banquet license; and
1526          (ix) a hospitality amenity license.
1527          (37) "Dispensing structure" means a surface or structure on a licensed premises:
1528          (a) where an alcoholic product is dispensed; or
1529          (b) from which an alcoholic product is served.
1530          (38) "Distillery manufacturing license" means a license issued in accordance with
1531     Chapter 11, Part 4, Distillery Manufacturing License.
1532          (39) "Distressed merchandise" means an alcoholic product in the possession of the
1533     department that is saleable, but for some reason is unappealing to the public.
1534          (40) "Domestic airport" means an airport that:
1535          (a) has at least 15,000 commercial airline passenger boardings in any five-year period;
1536          (b) receives scheduled commercial passenger aircraft service; and
1537          (c) is not an international airport.
1538          (41) "Equity license" means a license issued in accordance with Chapter 5, Retail
1539     License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
1540     commission as an equity license.
1541          (42) "Event permit" means:
1542          (a) a single event permit; or
1543          (b) a temporary beer event permit.
1544          (43) "Exempt license" means a license exempt under Section 32B-1-201 from being
1545     considered in determining the total number of retail licenses that the commission may issue at
1546     any time.
1547          (44) (a) "Flavored malt beverage" means a beverage:
1548          (i) that contains at least .5% alcohol by volume;
1549          (ii) for which the producer is required to file a formula for approval with the federal
1550     Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
1551     is treated by processing, filtration, or another method of manufacture that is not generally
1552     recognized as a traditional process in the production of a beer, ale, porter, stout, lager, or malt
1553     liquor; and
1554          (iii) for which the producer is required to file a formula for approval with the federal
1555     Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
1556     includes an ingredient containing alcohol.
1557          (b) "Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or
1558     ethanol-based flavoring agent that contributes to the overall alcohol content of the beverage.
1559          (c) "Flavored malt beverage" does not include beer or heavy beer.
1560          (d) "Flavored malt beverage" is considered liquor for purposes of this title.
1561          (45) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
1562     License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
1563     commission as a fraternal license.
1564          (46) "Full-service restaurant license" means a license issued in accordance with
1565     Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
1566          (47) (a) "Furnish" means by any means to provide with, supply, or give an individual
1567     an alcoholic product, by sale or otherwise.
1568          (b) "Furnish" includes to:
1569          (i) serve;
1570          (ii) deliver; or
1571          (iii) otherwise make available.
1572          (48) "Guest" means an individual who meets the requirements of Subsection
1573     32B-6-407(9).
1574          (49) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
1575          (50) "Health care practitioner" means:
1576          (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
1577          (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
1578          (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1579          (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
1580     Act;
1581          (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
1582     Nurse Practice Act;
1583          (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
1584     Practice Act;
1585          (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
1586     Therapy Practice Act;
1587          (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
1588          (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
1589     Professional Practice Act;
1590          (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
1591          (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
1592     Practice Act;
1593          (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
1594     Hygienist Practice Act; and
1595          (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
1596     Assistant Act.
1597          (51) (a) "Heavy beer" means a product that:
1598          (i) (A) contains more than 5% alcohol by volume;
1599          (B) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
1600     volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring
1601     agent that contributes more than 10% of the overall alcohol content of the product; or
1602          (C) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
1603     volume or 4% by weight, and has a label or packaging that is rejected under Subsection
1604     32B-1-606(3)(b); and
1605          (ii) is obtained by fermentation, infusion, or decoction of:
1606          (A) malt; or
1607          (B) a malt substitute.
1608          (b) "Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume,
1609     contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that contributes to
1610     the overall alcohol content of the heavy beer.
1611          (c) "Heavy beer" does not include:
1612          (i) a flavored malt beverage;
1613          (ii) a product that contains alcohol derived from:
1614          (A) except as provided in Subsections (51)(a)(i)(B) and (51)(b), spirituous liquor; or
1615          (B) wine; or
1616          (iii) a product that contains an additive masking or altering a physiological effect of
1617     alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
1618          (d) "Heavy beer" is considered liquor for the purposes of this title.
1619          (52) "Hospitality amenity license" means a license issued in accordance with Chapter
1620     5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
1621          (53) (a) "Hotel" means a commercial lodging establishment that:
1622          (i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
1623          (ii) is capable of hosting conventions, conferences, and food and beverage functions
1624     under a banquet contract; and
1625          (iii) (A) has adequate kitchen or culinary facilities on the premises to provide complete
1626     meals;
1627          (B) has at least 1,000 square feet of function space consisting of meeting or dining
1628     rooms that can be reserved for a banquet and can accommodate at least 75 individuals; or
1629          (C) if the establishment is located in a small or unincorporated locality, has an
1630     appropriate amount of function space consisting of meeting or dining rooms that can be
1631     reserved for private use under a banquet contract, as determined by the commission.
1632          (b) "Hotel" includes a commercial lodging establishment that:
1633          (i) meets the requirements under Subsection (53)(a); and
1634          (ii) has one or more privately owned dwelling units.
1635          (54) "Hotel license" means a license issued in accordance with Chapter 5, Retail
1636     License Act, and Chapter 8b, Hotel License Act.
1637          (55) "Identification card" means an identification card issued under Title 53, Chapter 3,
1638     Part 8, Identification Card Act.
1639          (56) "Industry representative" means an individual who is compensated by salary,
1640     commission, or other means for representing and selling an alcoholic product of a
1641     manufacturer, supplier, or importer of liquor.
1642          (57) "Industry representative sample" means liquor that is placed in the possession of
1643     the department for testing, analysis, and sampling by a local industry representative on the
1644     premises of the department to educate the local industry representative of the quality and
1645     characteristics of the product.
1646          (58) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
1647     of an alcoholic product is prohibited by:
1648          (a) law; or
1649          (b) court order.
1650          (59) "International airport" means an airport:
1651          (a) with a United States Customs and Border Protection office on the premises of the
1652     airport; and
1653          (b) at which international flights may enter and depart.
1654          (60) "Intoxicated" or "intoxication" means that
1655          an individual exhibits plain and easily observable outward manifestations of behavior
1656     or physical signs produced by or as a result of the use of:
1657          (a) an alcoholic product;
1658          (b) a controlled substance;
1659          (c) a substance having the property of releasing toxic vapors; or
1660          (d) a combination of products or substances described in Subsections (60)(a) through
1661     (c).
1662          (61) "Investigator" means an individual who is:
1663          (a) a department compliance officer; or
1664          (b) a nondepartment enforcement officer.
1665          (62) "License" means:
1666          (a) a retail license;
1667          (b) a sublicense;
1668          (c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer
1669     State License;
1670          (d) a license issued in accordance with Chapter 11, Manufacturing and Related
1671     Licenses Act;
1672          (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
1673          (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
1674          (g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
1675          (63) "Licensee" means a person who holds a license.
1676          (64) "Limited-service restaurant license" means a license issued in accordance with
1677     Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
1678          (65) "Limousine" means a motor vehicle licensed by the state or a local authority, other
1679     than a bus or taxicab:
1680          (a) in which the driver and a passenger are separated by a partition, glass, or other
1681     barrier;
1682          (b) that is provided by a business entity to one or more individuals at a fixed charge in
1683     accordance with the business entity's tariff; and
1684          (c) to give the one or more individuals the exclusive use of the limousine and a driver
1685     to travel to one or more specified destinations.
1686          (66) (a) (i) "Liquor" means a liquid that:
1687          (A) is:
1688          (I) alcohol;
1689          (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
1690          (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
1691          (IV) other drink or drinkable liquid; and
1692          (B) (I) contains at least .5% alcohol by volume; and
1693          (II) is suitable to use for beverage purposes.
1694          (ii) "Liquor" includes:
1695          (A) heavy beer;
1696          (B) wine; and
1697          (C) a flavored malt beverage.
1698          (b) "Liquor" does not include beer.
1699          (67) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
1700          (68) "Liquor transport license" means a license issued in accordance with Chapter 17,
1701     Liquor Transport License Act.
1702          (69) "Liquor warehousing license" means a license that is issued:
1703          (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
1704          (b) to a person, other than a licensed manufacturer, who engages in the importation for
1705     storage, sale, or distribution of liquor regardless of amount.
1706          (70) "Local authority" means:
1707          (a) for premises that are located in an unincorporated area of a county, the governing
1708     body of a county;
1709          (b) for premises that are located in an incorporated city, town, or metro township, the
1710     governing body of the city, town, or metro township; or
1711          (c) for premises that are located in a project area as defined in Section 63H-1-102 and
1712     in a project area plan adopted by the Military Installation Development Authority under Title
1713     63H, Chapter 1, Military Installation Development Authority Act, the Military Installation
1714     Development Authority.
1715          (71) "Lounge or bar area" is as defined by rule made by the commission.
1716          (72) "Malt substitute" means:
1717          (a) rice;
1718          (b) grain;
1719          (c) bran;
1720          (d) glucose;
1721          (e) sugar; or
1722          (f) molasses.
1723          (73) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
1724     otherwise make an alcoholic product for personal use or for sale or distribution to others.
1725          (74) "Member" means an individual who, after paying regular dues, has full privileges
1726     in an equity licensee or fraternal licensee.
1727          (75) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
1728     or homeport facility for a ship:
1729          (i) (A) under the control of the United States Department of Defense; or
1730          (B) of the National Guard;
1731          (ii) that is located within the state; and
1732          (iii) including a leased facility.
1733          (b) "Military installation" does not include a facility used primarily for:
1734          (i) civil works;
1735          (ii) a rivers and harbors project; or
1736          (iii) a flood control project.
1737          (76) "Minibar" means an area of a hotel guest room where one or more alcoholic
1738     products are kept and offered for self-service sale or consumption.
1739          (77) "Minor" means an individual under 21 years old.
1740          (78) "Nondepartment enforcement agency" means an agency that:
1741          (a) (i) is a state agency other than the department; or
1742          (ii) is an agency of a county, city, town, or metro township; and
1743          (b) has a responsibility to enforce one or more provisions of this title.
1744          (79) "Nondepartment enforcement officer" means an individual who is:
1745          (a) a peace officer, examiner, or investigator; and
1746          (b) employed by a nondepartment enforcement agency.
1747          (80) (a) "Off-premise beer retailer" means a beer retailer who is:
1748          (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
1749          (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
1750     premises.
1751          (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
1752          (81) "Off-premise beer retailer state license" means a state license issued in accordance
1753     with Chapter 7, Part 4, Off-premise Beer Retailer State License.
1754          (82) "On-premise banquet license" means a license issued in accordance with Chapter
1755     5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
1756          (83) "On-premise beer retailer" means a beer retailer who is:
1757          (a) authorized to sell, offer for sale, or furnish beer under a license issued in
1758     accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
1759     Retailer License; and
1760          (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
1761     premises:
1762          (i) regardless of whether the beer retailer sells beer for consumption off the licensed
1763     premises; and
1764          (ii) on and after March 1, 2012, operating:
1765          (A) as a tavern; or
1766          (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
1767          (84) "Opaque" means impenetrable to sight.
1768          (85) "Package agency" means a retail liquor location operated:
1769          (a) under an agreement with the department; and
1770          (b) by a person:
1771          (i) other than the state; and
1772          (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
1773     Agency, to sell packaged liquor for consumption off the premises of the package agency.
1774          (86) "Package agent" means a person who holds a package agency.
1775          (87) "Patron" means an individual to whom food, beverages, or services are sold,
1776     offered for sale, or furnished, or who consumes an alcoholic product including:
1777          (a) a customer;
1778          (b) a member;
1779          (c) a guest;
1780          (d) an attendee of a banquet or event;
1781          (e) an individual who receives room service;
1782          (f) a resident of a resort; or
1783          (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
1784     license.
1785          (88) (a) "Performing arts facility" means a multi-use performance space that:
1786          (i) is primarily used to present various types of performing arts, including dance,
1787     music, and theater;
1788          (ii) contains over 2,500 seats;
1789          (iii) is owned and operated by a governmental entity; and
1790          (iv) is located in a city of the first class.
1791          (b) "Performing arts facility" does not include a space that is used to present sporting
1792     events or sporting competitions.
1793          (89) "Permittee" means a person issued a permit under:
1794          (a) Chapter 9, Event Permit Act; or
1795          (b) Chapter 10, Special Use Permit Act.
1796          (90) "Person subject to administrative action" means:
1797          (a) a licensee;
1798          (b) a permittee;
1799          (c) a manufacturer;
1800          (d) a supplier;
1801          (e) an importer;
1802          (f) one of the following holding a certificate of approval:
1803          (i) an out-of-state brewer;
1804          (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
1805          (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
1806          (g) staff of:
1807          (i) a person listed in Subsections (90)(a) through (f); or
1808          (ii) a package agent.
1809          (91) "Premises" means a building, enclosure, or room used in connection with the
1810     storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
1811     unless otherwise defined in this title or rules made by the commission.
1812          (92) "Prescription" means an order issued by a health care practitioner when:
1813          (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
1814     to prescribe a controlled substance, other drug, or device for medicinal purposes;
1815          (b) the order is made in the course of that health care practitioner's professional
1816     practice; and
1817          (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
1818          (93) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
1819          (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
1820          (94) "Principal license" means:
1821          (a) a resort license;
1822          (b) a hotel license; or
1823          (c) an arena license.
1824          (95) (a) "Private event" means a specific social, business, or recreational event:
1825          (i) for which an entire room, area, or hall is leased or rented in advance by an identified
1826     group; and
1827          (ii) that is limited in attendance to people who are specifically designated and their
1828     guests.
1829          (b) "Private event" does not include an event to which the general public is invited,
1830     whether for an admission fee or not.
1831          (96) "Privately sponsored event" means a specific social, business, or recreational
1832     event:
1833          (a) that is held in or on the premises of an on-premise banquet licensee; and
1834          (b) to which entry is restricted by an admission fee.
1835          (97) (a) "Proof of age" means:
1836          (i) an identification card;
1837          (ii) an identification that:
1838          (A) is substantially similar to an identification card;
1839          (B) is issued in accordance with the laws of a state other than Utah in which the
1840     identification is issued;
1841          (C) includes date of birth; and
1842          (D) has a picture affixed;
1843          (iii) a valid driver license certificate that:
1844          (A) includes date of birth;
1845          (B) has a picture affixed; and
1846          (C) is issued[: (I)] under Title 53, Chapter 3, Uniform Driver License Act[; (II)], in
1847     accordance with the laws of the state in which it is issued[;], or [(III)] in accordance with
1848     federal law by the United States Department of State;
1849          (iv) a military identification card that:
1850          (A) includes date of birth; and
1851          (B) has a picture affixed; or
1852          (v) a valid passport.
1853          (b) "Proof of age" does not include a driving privilege card issued in accordance with
1854     Section 53-3-207.
1855          (98) "Provisions applicable to a sublicense" means:
1856          (a) for a full-service restaurant sublicense, the provisions applicable to a full-service
1857     restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
1858          (b) for a limited-service restaurant sublicense, the provisions applicable to a
1859     limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
1860          (c) for a bar establishment sublicense, the provisions applicable to a bar establishment
1861     license under Chapter 6, Part 4, Bar Establishment License;
1862          (d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
1863     banquet license under Chapter 6, Part 6, On-Premise Banquet License;
1864          (e) for an on-premise beer retailer sublicense, the provisions applicable to an
1865     on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
1866          (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
1867     restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
1868          (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
1869     license under Chapter 6, Part 10, Hospitality Amenity License; and
1870          (h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
1871     Part 2, Resort Spa Sublicense.
1872          (99) (a) "Public building" means a building or permanent structure that is:
1873          (i) owned or leased by:
1874          (A) the state; or
1875          (B) a local government entity; and
1876          (ii) used for:
1877          (A) public education;
1878          (B) transacting public business; or
1879          (C) regularly conducting government activities.
1880          (b) "Public building" does not include a building owned by the state or a local
1881     government entity when the building is used by a person, in whole or in part, for a proprietary
1882     function.
1883          (100) "Public conveyance" means a conveyance that the public or a portion of the
1884     public has access to and a right to use for transportation, including an airline, railroad, bus,
1885     boat, or other public conveyance.
1886          (101) "Reception center" means a business that:
1887          (a) operates facilities that are at least 5,000 square feet; and
1888          (b) has as its primary purpose the leasing of the facilities described in Subsection
1889     (101)(a) to a third party for the third party's event.
1890          (102) "Reception center license" means a license issued in accordance with Chapter 5,
1891     Retail License Act, and Chapter 6, Part 8, Reception Center License.
1892          (103) (a) "Record" means information that is:
1893          (i) inscribed on a tangible medium; or
1894          (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
1895          (b) "Record" includes:
1896          (i) a book;
1897          (ii) a book of account;
1898          (iii) a paper;
1899          (iv) a contract;
1900          (v) an agreement;
1901          (vi) a document; or
1902          (vii) a recording in any medium.
1903          (104) "Residence" means a person's principal place of abode within Utah.
1904          (105) "Resident," in relation to a resort, means the same as that term is defined in
1905     Section 32B-8-102.
1906          (106) "Resort" means the same as that term is defined in Section 32B-8-102.
1907          (107) "Resort facility" is as defined by the commission by rule.
1908          (108) "Resort license" means a license issued in accordance with Chapter 5, Retail
1909     License Act, and Chapter 8, Resort License Act.
1910          (109) "Responsible alcohol service plan" means a written set of policies and
1911     procedures that outlines measures to prevent employees from:
1912          (a) over-serving alcoholic beverages to customers;
1913          (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
1914     intoxicated; and
1915          (c) serving alcoholic beverages to minors.
1916          (110) "Restaurant" means a business location:
1917          (a) at which a variety of foods are prepared;
1918          (b) at which complete meals are served; and
1919          (c) that is engaged primarily in serving meals.
1920          (111) "Restaurant license" means one of the following licenses issued under this title:
1921          (a) a full-service restaurant license;
1922          (b) a limited-service restaurant license; or
1923          (c) a beer-only restaurant license.
1924          (112) "Restaurant venue" means a room within a restaurant that:
1925          (a) is located on the licensed premises of a restaurant licensee;
1926          (b) is separated from the area within the restaurant for a patron's consumption of food
1927     by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a
1928     patron in the area within the restaurant for a patron's consumption of food; and
1929          (c) (i) has at least 1,000 square feet that:
1930          (A) may be reserved for a banquet; and
1931          (B) accommodates at least 75 individuals; or
1932          (ii) if the restaurant is located in a small or unincorporated locality, has an appropriate
1933     amount of space, as determined by the commission, that may be reserved for a banquet.
1934          (113) "Retail license" means one of the following licenses issued under this title:
1935          (a) a full-service restaurant license;
1936          (b) a master full-service restaurant license;
1937          (c) a limited-service restaurant license;
1938          (d) a master limited-service restaurant license;
1939          (e) a bar establishment license;
1940          (f) an airport lounge license;
1941          (g) an on-premise banquet license;
1942          (h) an on-premise beer license;
1943          (i) a reception center license;
1944          (j) a beer-only restaurant license;
1945          (k) a hospitality amenity license;
1946          (l) a resort license;
1947          (m) a hotel license; or
1948          (n) an arena license.
1949          (114) "Room service" means furnishing an alcoholic product to a person in a guest
1950     room or privately owned dwelling unit of a:
1951          (a) hotel; or
1952          (b) resort facility.
1953          (115) (a) "School" means a building in which any part is used for more than three
1954     hours each weekday during a school year as a public or private:
1955          (i) elementary school;
1956          (ii) secondary school; or
1957          (iii) kindergarten.
1958          (b) "School" does not include:
1959          (i) a nursery school;
1960          (ii) a day care center;
1961          (iii) a trade and technical school;
1962          (iv) a preschool; [or]
1963          (v) a home school[.];
1964          (vi) a home-based microschool as defined in Section 53G-6-201; or
1965          (vii) a micro-education entity as defined in Section 53G-6-201.
1966          (116) "Secondary flavoring ingredient" means any spirituous liquor added to a
1967     beverage for additional flavoring that is different in type, flavor, or brand from the primary
1968     spirituous liquor in the beverage.
1969          (117) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
1970     consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
1971     delivered for value, or by a means or under a pretext is promised or obtained, whether done by
1972     a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
1973     made by the commission.
1974          (118) "Serve" means to place an alcoholic product before an individual.
1975          (119) "Sexually oriented entertainer" means a person who while in a state of
1976     seminudity appears at or performs:
1977          (a) for the entertainment of one or more patrons;
1978          (b) on the premises of:
1979          (i) a bar licensee; or
1980          (ii) a tavern;
1981          (c) on behalf of or at the request of the licensee described in Subsection (119)(b);
1982          (d) on a contractual or voluntary basis; and
1983          (e) whether or not the person is designated as:
1984          (i) an employee;
1985          (ii) an independent contractor;
1986          (iii) an agent of the licensee; or
1987          (iv) a different type of classification.
1988          (120) "Shared seating area" means the licensed premises of two or more restaurant
1989     licensees that the restaurant licensees share as an area for alcoholic beverage consumption in
1990     accordance with Subsection 32B-5-207(3).
1991          (121) "Single event permit" means a permit issued in accordance with Chapter 9, Part
1992     3, Single Event Permit.
1993          (122) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
1994     beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
1995          (a) if the brewer is part of a controlled group of manufacturers, including the combined
1996     volume totals of production for all breweries that constitute the controlled group of
1997     manufacturers; and
1998          (b) excluding beer, heavy beer, or flavored malt beverage the brewer:
1999          (i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
2000     determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2001     Rulemaking Act; and
2002          (ii) does not sell for consumption as, or in, a beverage.
2003          (123) "Small or unincorporated locality" means:
2004          (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
2005          (b) a town, as classified under Section 10-2-301; or
2006          (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
2007     under Section 17-50-501.
2008          (124) "Spa sublicense" means a sublicense:
2009          (a) to a resort license or hotel license; and
2010          (b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa
2011     Sublicense.
2012          (125) "Special use permit" means a permit issued in accordance with Chapter 10,
2013     Special Use Permit Act.
2014          (126) (a) "Spirituous liquor" means liquor that is distilled.
2015          (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
2016     27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
2017          (127) "Sports center" is as defined by the commission by rule.
2018          (128) (a) "Staff" means an individual who engages in activity governed by this title:
2019          (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
2020     holder;
2021          (ii) at the request of the business, including a package agent, licensee, permittee, or
2022     certificate holder; or
2023          (iii) under the authority of the business, including a package agent, licensee, permittee,
2024     or certificate holder.
2025          (b) "Staff" includes:
2026          (i) an officer;
2027          (ii) a director;
2028          (iii) an employee;
2029          (iv) personnel management;
2030          (v) an agent of the licensee, including a managing agent;
2031          (vi) an operator; or
2032          (vii) a representative.
2033          (129) "State of nudity" means:
2034          (a) the appearance of:
2035          (i) the nipple or areola of a female human breast;
2036          (ii) a human genital;
2037          (iii) a human pubic area; or
2038          (iv) a human anus; or
2039          (b) a state of dress that fails to opaquely cover:
2040          (i) the nipple or areola of a female human breast;
2041          (ii) a human genital;
2042          (iii) a human pubic area; or
2043          (iv) a human anus.
2044          (130) "State of seminudity" means a state of dress in which opaque clothing covers no
2045     more than:
2046          (a) the nipple and areola of the female human breast in a shape and color other than the
2047     natural shape and color of the nipple and areola; and
2048          (b) the human genitals, pubic area, and anus:
2049          (i) with no less than the following at its widest point:
2050          (A) four inches coverage width in the front of the human body; and
2051          (B) five inches coverage width in the back of the human body; and
2052          (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
2053          (131) (a) "State store" means a facility for the sale of packaged liquor:
2054          (i) located on premises owned or leased by the state; and
2055          (ii) operated by a state employee.
2056          (b) "State store" does not include:
2057          (i) a package agency;
2058          (ii) a licensee; or
2059          (iii) a permittee.
2060          (132) (a) "Storage area" means an area on licensed premises where the licensee stores
2061     an alcoholic product.
2062          (b) "Store" means to place or maintain in a location an alcoholic product.
2063          (133) "Sublicense" means:
2064          (a) any of the following licenses issued as a subordinate license to, and contingent on
2065     the issuance of, a principal license:
2066          (i) a full-service restaurant license;
2067          (ii) a limited-service restaurant license;
2068          (iii) a bar establishment license;
2069          (iv) an on-premise banquet license;
2070          (v) an on-premise beer retailer license;
2071          (vi) a beer-only restaurant license; or
2072          (vii) a hospitality amenity license; or
2073          (b) a spa sublicense.
2074          (134) "Supplier" means a person who sells an alcoholic product to the department.
2075          (135) "Tavern" means an on-premise beer retailer who is:
2076          (a) issued a license by the commission in accordance with Chapter 5, Retail License
2077     Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
2078          (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
2079     On-Premise Beer Retailer License.
2080          (136) "Temporary beer event permit" means a permit issued in accordance with
2081     Chapter 9, Part 4, Temporary Beer Event Permit.
2082          (137) "Temporary domicile" means the principal place of abode within Utah of a
2083     person who does not have a present intention to continue residency within Utah permanently or
2084     indefinitely.
2085          (138) "Translucent" means a substance that allows light to pass through, but does not
2086     allow an object or person to be seen through the substance.
2087          (139) "Unsaleable liquor merchandise" means a container that:
2088          (a) is unsaleable because the container is:
2089          (i) unlabeled;
2090          (ii) leaky;
2091          (iii) damaged;
2092          (iv) difficult to open; or
2093          (v) partly filled;
2094          (b) (i) has faded labels or defective caps or corks;
2095          (ii) has contents that are:
2096          (A) cloudy;
2097          (B) spoiled; or
2098          (C) chemically determined to be impure; or
2099          (iii) contains:
2100          (A) sediment; or
2101          (B) a foreign substance; or
2102          (c) is otherwise considered by the department as unfit for sale.
2103          (140) (a) "Wine" means an alcoholic product obtained by the fermentation of the
2104     natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
2105     another ingredient is added.
2106          (b) "Wine" includes:
2107          (i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
2108     4.10; and
2109          (ii) hard cider.
2110          (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
2111     in this title.
2112          (141) "Winery manufacturing license" means a license issued in accordance with
2113     Chapter 11, Part 3, Winery Manufacturing License.
2114          Section 7. Section 53G-6-201 is amended to read:
2115          53G-6-201. Definitions.
2116          As used in this part:
2117          (1) (a) "Absence" or "absent" means the failure of a school-age child assigned to a class
2118     or class period to attend a class or class period.
2119          (b) "Absence" or "absent" does not mean multiple tardies used to calculate an absence
2120     for the sake of a truancy.
2121          (2) "Educational neglect" means the same as that term is defined in Section 80-1-102.
2122          (3) (a) "Home-based microschool" means an individual or association of individuals
2123     that:
2124          (i) registers as a business entity in accordance with state and local laws; and
2125          (ii) for compensation, provides kindergarten through grade 12 education services to 16
2126     or fewer students from an individual's residential dwelling, accessory dwelling unit, or
2127     residential property.
2128          (b) "Home-based microschool" does not include a daycare.
2129          (4) "Instructor" means an individual who teaches a student as part of a home-based
2130     microschool or micro-education entity.
2131          (5) (a) "Micro-education entity" means a person or association of persons that:
2132          (i) registers as a business entity in accordance with state and local laws; and
2133          (ii) for compensation, provides kindergarten through grade 12 education services to
2134     100 students or fewer.
2135          (b) "Micro-education entity" does not include:
2136          (i) a daycare;
2137          (ii) a home-based microschool;
2138          (iii) a private school; or
2139          (iv) a school within the public education system.
2140          [(3)] (6) "Minor" means an individual who is under 18 years old.
2141          [(4)] (7) "Parent" includes:
2142          (a) a custodial parent of the minor;
2143          (b) a legally appointed guardian of a minor; or
2144          (c) any other person purporting to exercise any authority over the minor which could be
2145     exercised by a person described in Subsection [(4)] (7)(a) or (b).
2146          [(5)] (8) "School day" means the portion of a day that school is in session in which a
2147     school-age child is required to be in school for purposes of receiving instruction.
2148          [(6)] (9) "School year" means the period of time designated by a local school board or
2149     charter school governing board as the school year for the school where the school-age child:
2150          (a) is enrolled; or
2151          (b) should be enrolled, if the school-age child is not enrolled in school.
2152          [(7)] (10) "School-age child" means a minor who:
2153          (a) is at least six years old but younger than 18 years old; and
2154          (b) is not emancipated.
2155          [(8)] (11) (a) "Truant" means a condition in which a school-age child, without a valid
2156     excuse, and subject to Subsection [(8)] (11)(b), is absent for at least:
2157          (i) half of the school day; or
2158          (ii) if the school-age child is enrolled in a learner verified program, as that term is
2159     defined by the state board, the relevant amount of time under the LEA's policy regarding the
2160     LEA's continuing enrollment measure as it relates to truancy.
2161          (b) A school-age child may not be considered truant under this part more than one time
2162     during one day.
2163          [(9)] (12) "Truant minor" means a school-age child who:
2164          (a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
2165          (b) is truant.
2166          [(10)] (13) (a) "Valid excuse" means:
2167          (i) an illness, which may be either mental or physical, regardless of whether the
2168     school-age child or parent provides documentation from a medical professional;
2169          (ii) mental or behavioral health of the school-age child;
2170          (iii) a family death;
2171          (iv) an approved school activity;
2172          (v) an absence permitted by a school-age child's:
2173          (A) individualized education program; or
2174          (B) Section 504 accommodation plan;
2175          (vi) an absence permitted in accordance with Subsection 53G-6-803(5); or
2176          (vii) any other excuse established as valid by a local school board, charter school
2177     governing board, or school district.
2178          (b) "Valid excuse" does not mean a parent acknowledgment of an absence for a reason
2179     other than a reason described in Subsections [(10)(a)(i)] (13)(a)(i) through (vi), unless
2180     specifically permitted by the local school board, charter school governing board, or school
2181     district under Subsection [(10)(a)(vi)] (13)(a)(vi).
2182          Section 8. Section 53G-6-212 is enacted to read:
2183          53G-6-212. Home-based microschool and micro-education entity waivers and
2184     exemptions.
2185          (1) A home-based microschool or micro-education entity:
2186          (a) may form to provide education services to school-age children; and
2187          (b) is not an LEA, a public school, or otherwise a part of the public education system.
2188          (2) A local health department may not require a home-based microschool or
2189     micro-education entity to obtain a food establishment permit or undergo an inspection in order
2190     to prepare or provide food if staff of the home-based microschool or micro-education entity
2191     does not prepare and serve food.
2192          Section 9. Section 53G-6-706 is amended to read:
2193          53G-6-706. Placement of a student of a home school, micro-education entity, or
2194     home-based microschool, who transfers to a public school.
2195          (1) For the purposes of this section[: (a) "Home school student" means a student who
2196     attends a home school pursuant to Section 53G-6-204.(b) "Parent"], "parent" means the same
2197     as that term is defined in Section 53G-6-201.
2198          (2) [When a home school student transfers from a home school] When a home school
2199     student, a home-based microschool student, or a micro-education entity student transfers from
2200     a home school, a home-based microschool, or a micro-education entity to a public school, the
2201     public school shall place the student in the grade levels, classes, or courses that the student's
2202     parent and [in consultation with] the school administrator determine are appropriate based on
2203     the parent's assessment of the student's academic performance.
2204          (3) (a) Within 30 days of [a home school] the student's placement in a public school
2205     grade level, class, or course, either the student's teacher or the student's parent may request a
2206     conference to consider changing the student's placement.
2207          (b) If the student's teacher and the student's parent agree on a placement change, the
2208     public school shall place the student in the agreed upon grade level, class, or course.
2209          (c) If the student's teacher and the student's parent do not agree on a placement change,
2210     the public school shall evaluate the student's subject matter mastery in accordance with
2211     Subsection (3)(d).
2212          (d) The student's parent has the option of:
2213          (i) allowing the public school to administer, to the student, assessments that are:
2214          (A) regularly administered to public school students; and
2215          (B) used to measure public school students' subject matter mastery and determine
2216     placement; or
2217          (ii) having a private entity or individual administer assessments of subject matter
2218     mastery to the student at the parent's expense.
2219          (e) After an evaluation of a student's subject matter mastery, a public school may
2220     change [a] the student's placement in a grade level, class, or course.
2221          (4) [This] In accordance with Section 53G-6-702, this section does not apply to a
2222     student who is dual enrolled in a public school and a [home school pursuant to Section
2223     53G-6-702.]:
2224          (a) home school;
2225          (b) home-based microschool; or
2226          (c) micro-education entity.
2227          Section 10. Section 53G-9-301 is amended to read:
2228          53G-9-301. Definitions.
2229          As used in this part:
2230          (1) "Department" means the Department of Health and Human Services created in
2231     Section 26B-1-201.
2232          (2) "Health official" means an individual designated by a local health department from
2233     within the local health department to consult and counsel parents and licensed health care
2234     providers, in accordance with Subsection 53G-9-304(2)(a).
2235          (3) "Health official designee" means a licensed health care provider designated by a
2236     local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with
2237     parents, licensed health care professionals, and school officials.
2238          (4) "Immunization" or "immunize" means a process through which an individual
2239     develops an immunity to a disease, through vaccination or natural exposure to the disease.
2240          (5) "Immunization record" means a record relating to a student that includes:
2241          (a) information regarding each required vaccination that the student has received,
2242     including the date each vaccine was administered, verified by:
2243          (i) a licensed health care provider;
2244          (ii) an authorized representative of a local health department;
2245          (iii) an authorized representative of the department;
2246          (iv) a registered nurse; or
2247          (v) a pharmacist;
2248          (b) information regarding each disease against which the student has been immunized
2249     by previously contracting the disease; and
2250          (c) an exemption form identifying each required vaccination from which the student is
2251     exempt, including all required supporting documentation described in Section 53G-9-303.
2252          (6) "Legally responsible individual" means:
2253          (a) a student's parent;
2254          (b) the student's legal guardian;
2255          (c) an adult brother or sister of a student who has no legal guardian; or
2256          (d) the student, if the student:
2257          (i) is an adult; or
2258          (ii) is a minor who may consent to treatment under Section 26B-4-321.
2259          (7) "Licensed health care provider" means a health care provider who is licensed under
2260     Title 58, Occupations and Professions, as:
2261          (a) a medical doctor;
2262          (b) an osteopathic doctor;
2263          (c) a physician assistant; or
2264          (d) an advanced practice registered nurse.
2265          (8) "Local health department" means the same as that term is defined in Section
2266     26A-1-102.
2267          (9) "Required vaccines" means vaccines required by department rule described in
2268     Section 53G-9-305.
2269          (10) (a) "School" means any public or private:
2270          [(a)] (i) elementary or secondary school through grade 12;
2271          [(b)] (ii) preschool;
2272          [(c)] (iii) child care program, as that term is defined in Section 26B-2-401;
2273          [(d)] (iv) nursery school; or
2274          [(e)] (v) kindergarten.
2275          (b) "School" does not include a:
2276          (i) home school;
2277          (ii) home-based microschool; or
2278          (iii) micro-education entity.
2279          (11) "Student" means an individual who attends a school.
2280          (12) "Vaccinating" or "vaccination" means the administration of a vaccine.
2281          (13) "Vaccination exemption form" means a form, described in Section 53G-9-304,
2282     that documents and verifies that a student is exempt from the requirement to receive one or
2283     more required vaccines.
2284          (14) "Vaccine" means the substance licensed for use by the United States Food and
2285     Drug Administration that is injected into or otherwise administered to an individual to
2286     immunize the individual against a communicable disease.
2287          Section 11. Effective date.
2288          This bill takes effect on May 1, 2024.