Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 147 (2016GS)

Sponsor

Rep. Cutler, B. R.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• deletes references to the State Office of Education;
• requires the State Board of Education to assume certain responsibilities formerly assigned to the State Office of Education and the state superintendent of public instruction;
• allows the State Board of Education to delegate duties and responsibilities to employees; and
• makes conforming and technical changes.

Every vote on this bill

Bill text

STATE BOARD OF EDUCATION REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bruce R. Cutler
Senate Sponsor: 
J. Stuart Adams
LONG TITLE
General Description:
This bill modifies provisions regarding the public education system.
Highlighted Provisions:
This bill:
▸ deletes references to the State Office of Education;
▸ requires the State Board of Education to assume certain responsibilities formerly
assigned to the State Office of Education and the state superintendent of public
instruction;
▸ allows the State Board of Education to delegate duties and responsibilities to
employees; and
▸ makes conforming and technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-7-204
, as last amended by Laws of Utah 2010, Chapters 286 and 324
19-3-320
, as last amended by Laws of Utah 2012, Chapter 212
20A-14-103
, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
20A-14-202
, as last amended by Laws of Utah 2011, Chapter 297
26-10-5
, as enacted by Laws of Utah 1981, Chapter 126
26-10-5.5
, as enacted by Laws of Utah 1999, Chapter 27
32B-2-405
, as enacted by Laws of Utah 2010, Chapter 276 and last amended by
Coordination Clause, Laws of Utah 2010, Chapter 276
35A-3-205
, as last amended by Laws of Utah 2015, Chapter 221
35A-5-103
, as renumbered and amended by Laws of Utah 1997, Chapter 375
49-12-701
, as last amended by Laws of Utah 2010, Chapter 264
49-13-701
, as last amended by Laws of Utah 2010, Chapter 264
51-9-405
, as last amended by Laws of Utah 2009, Chapter 356
53-10-202
, as last amended by Laws of Utah 2015, Chapter 348
53-10-211
, as last amended by Laws of Utah 2010, Chapter 324
53A-1-202
, as last amended by Laws of Utah 2015, Chapter 289
53A-1-302
, as last amended by Laws of Utah 1990, Chapter 261
53A-1-403.5
, as last amended by Laws of Utah 2012, Chapter 23
53A-1-413
, as last amended by Laws of Utah 2015, Chapter 415
53A-1-708
, as last amended by Laws of Utah 2015, Chapter 415
53A-1a-501.7
, as last amended by Laws of Utah 2008, Chapter 319
53A-3-402
, as last amended by Laws of Utah 2015, Chapters 399 and 415
53A-3-402.9
, as last amended by Laws of Utah 2008, Chapter 171
53A-3-424
, as last amended by Laws of Utah 2008, Chapter 382
53A-3-603
, as last amended by Laws of Utah 2000, Chapter 219
53A-6-103
, as last amended by Laws of Utah 2008, Chapter 382
53A-6-104.5
, as last amended by Laws of Utah 2015, Chapter 389
53A-6-105
, as last amended by Laws of Utah 2009, Chapter 183
53A-6-110
, as enacted by Laws of Utah 2003, Chapter 315
53A-6-302
, as repealed and reenacted by Laws of Utah 1999, Chapter 108
53A-6-403
, as last amended by Laws of Utah 2015, Chapter 389
53A-6-404
, as last amended by Laws of Utah 2015, Chapter 389
53A-13-101
, as last amended by Laws of Utah 2004, Chapter 196
53A-13-208
, as last amended by Laws of Utah 2008, Chapter 382
53A-14-107
, as last amended by Laws of Utah 2015, Chapter 415
53A-15-1301
, as last amended by Laws of Utah 2015, Chapter 85
53A-16-101.6
, as last amended by Laws of Utah 2015, Chapter 276
53A-20-104
, as last amended by Laws of Utah 2008, Chapter 290
53A-25b-306
, as enacted by Laws of Utah 2009, Chapter 294
53A-25b-501
, as enacted by Laws of Utah 2009, Chapter 294
53B-6-104
, as enacted by Laws of Utah 1994, Chapter 295
53B-17-105
, as enacted by Laws of Utah 2014, Chapter 63
53B-18-801
, as enacted by Laws of Utah 1999, Chapter 333
53D-1-102
, as enacted by Laws of Utah 2014, Chapter 426
58-41-4
, as last amended by Laws of Utah 2010, Chapter 324
59-10-1307
, as last amended by Laws of Utah 2009, Chapter 17
62A-4a-412
, as last amended by Laws of Utah 2008, Chapters 3, 87, 299, and 382
62A-5a-102
, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
62A-15-1101
, as last amended by Laws of Utah 2015, Chapter 85
63A-9-101
, as last amended by Laws of Utah 2008, Chapter 65
63B-3-301
, as last amended by Laws of Utah 2013, Chapter 310
63B-4-201
, as last amended by Laws of Utah 2013, Chapters 310 and 465
63B-5-201
, as last amended by Laws of Utah 2013, Chapter 465
63F-2-102
, as enacted by Laws of Utah 2015, Chapter 371
63G-6a-202
, as last amended by Laws of Utah 2012, Chapter 91 and renumbered and
amended by Laws of Utah 2012, Chapter 347 and last amended by Coordination
Clause, Laws of Utah 2012, Chapter 347
63G-10-102
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-12-209
, as enacted by Laws of Utah 2011, Chapter 18
63I-5-102
, as last amended by Laws of Utah 2014, Chapter 433
63I-5-201
, as repealed and reenacted by Laws of Utah 2014, Chapter 433
63J-1-219
, as last amended by Laws of Utah 2013, Chapter 214
63M-10-201
, as renumbered and amended by Laws of Utah 2008, Chapter 382
67-19-6.7
, as last amended by Laws of Utah 2013, Chapter 214
77-40-109
, as last amended by Laws of Utah 2014, Chapter 199
78A-6-209
, as last amended by Laws of Utah 2015, Chapters 255 and 307
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-7-204
 is amended to read:
9-7-204.
State Library Board -- Members -- Meetings -- Expenses.
(1) There is created within the department the State Library Board.
(2) (a) The board shall consist of nine members appointed by the governor.
(b) One member shall be appointed on recommendation from each of the following
[
agencies
]:
(i) the State [
Office
] 
Board
 of Education;
(ii) the Board of Control of the State Law Library;
(iii) the Office of Legislative Research and General Counsel; and
(iv) the Utah System of Higher Education.
(c) Of the five remaining members at least two shall be appointed from rural areas.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members
expire, the governor shall appoint each new member or reappointed member to a four-year
term.
(b) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of board members are staggered so that approximately half of
the board is appointed every two years.
(4) The members may not serve more than two full consecutive terms.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as originally appointed.
(6) Five members of the board constitute a quorum for conducting board business.
(7) The governor shall select one of the board members as chair who shall serve for a
period of two years.
(8) The director of the State Library Division shall be executive officer of the board.
(9) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 2. Section 
19-3-320
 is amended to read:
19-3-320.
Efforts to prevent siting of any nuclear waste facility to include
economic development study regarding Native American reservation lands within the
state.
(1) It is the intent of the Legislature that the department, in its efforts to prevent the
siting of a nuclear waste facility within the exterior borders of the state, include in its work the
study under Subsection (2) and the report under Subsection (3).
(2) It is the intent of the Legislature that the Department of Environmental Quality, in
coordination with the office of the governor, and in cooperation with the Departments of
Heritage and Arts, Human Services, Health, Workforce Services, Agriculture and Food,
Natural Resources, and Transportation, the [
state Office
] 
State Board
 of Education, and the
Board of Regents:
(a) study the needs and requirements for economic development on the Native
American reservations within the state; and
(b) prepare, on or before November 30, 2001, a long-term strategic plan for economic
development on the reservations.
(3) It is the intent of the Legislature that this plan, prepared under Subsection (2)(b),
shall be distributed to the governor and the members of the Legislature on or before December
31, 2001.
Section 3. Section 
20A-14-103
 is amended to read:
20A-14-103.
State Board of Education members -- When elected -- Qualifications
-- Avoiding conflicts of interest.
(1) (a) Unless otherwise provided by law, each State Board of Education member
elected from a State Board of Education District at the 2010 general election shall:
(i) serve out the term of office for which that member was elected; and
(ii) represent the realigned district if the member resides in that district.
(b) At the general election to be held in 2012, a State Board of Education member
elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
to serve a term of office of four years.
(c) In order to ensure that the terms of approximately half of the State Board of
Education members expire every two years:
(i) at the general election to be held in 2012, the State Board of Education member
elected from State Board of Education District 1 shall be elected to serve a term of office of
two years; and
(ii) at the general election to be held in 2014, the State Board of Education member
elected from State Board of Education District 1 shall be elected to serve a term of office of
four years.
(2) (a) A person seeking election to the State Board of Education shall have been a
resident of the State Board of Education district in which the person is seeking election for at
least one year as of the date of the election.
(b) A person who has resided within the State Board of Education district, as the
boundaries of the district exist on the date of the election, for one year immediately preceding
the date of the election shall be considered to have met the requirements of this Subsection (2).
(3) A State Board of Education member shall:
(a) be and remain a registered voter in the State Board of Education district from which
the member was elected or appointed; and
(b) maintain the member's primary residence within the State Board of Education
district from which the member was elected or appointed during the member's term of office.
(4) A State Board of Education member may not, during the member's term of office,
also serve as an employee of:
(a) the State Board of Education; 
or
[
(b) the Utah State Office of Education; or
]
[
(c)
] 
(b)
 the Utah State Office of Rehabilitation.
Section 4. Section 
20A-14-202
 is amended to read:
20A-14-202.
Local boards of education -- Membership -- When elected --
Qualifications -- Avoiding conflicts of interest.
(1) (a) Except as provided in Subsection (1)(b), the board of education of a school
district with a student population of up to 24,000 students shall consist of five members.
(b) The board of education of a school district with a student population of more than
10,000 students but fewer than 24,000 students shall increase from five to seven members
beginning with the 2004 regular general election.
(c) The board of education of a school district with a student population of 24,000 or
more students shall consist of seven members.
(d) Student population is based on the October 1 student count submitted by districts to
the State [
Office
] 
Board
 of Education.
(e) If the number of members of a local school board is required to change under
Subsection (1)(b), the board shall be reapportioned and elections conducted as provided in
Sections 
20A-14-201
 and 
20A-14-203
.
(f) A school district which now has or increases to a seven-member board shall
maintain a seven-member board regardless of subsequent changes in student population.
(g) (i) Members of a local board of education shall be elected at each regular general
election.
(ii) Except as provided in Subsection (1)(g)(iii), no more than three members of a local
board of education may be elected to a five-member board, nor more than four members
elected to a seven-member board, in any election year.
(iii) More than three members of a local board of education may be elected to a
five-member board and more than four members elected to a seven-member board in any
election year only when required by reapportionment or to fill a vacancy or to implement
Subsection (1)(b).
(h) One member of the local board of education shall be elected from each local school
board district.
(2) (a) For an election held after the 2008 general election, a person seeking election to
a local school board shall have been a resident of the local school board district in which the
person is seeking election for at least one year as of the date of the election.
(b) A person who has resided within the local school board district, as the boundaries
of the district exist on the date of the election, for one year immediately preceding the date of
the election shall be considered to have met the requirements of this Subsection (2).
(3) A member of a local school board shall:
(a) be and remain a registered voter in the local school board district from which the
member is elected or appointed; and
(b) maintain the member's primary residence within the local school board district from
which the member is elected or appointed during the member's term of office.
(4) A member of a local school board may not, during the member's term in office, also
serve as an employee of that board.
Section 5. Section 
26-10-5
 is amended to read:
26-10-5.
Plan for school health services.
The department shall establish a plan for school health services for pupils in elementary
and secondary schools. The department shall cooperate with the [
state office of education
]
State Board of Education
 and local health departments in developing such plan and shall
coordinate activities between these agencies. The plan may provide for the delivery of health
services by and through intermediate and local school districts and local health departments.
Section 6. Section 
26-10-5.5
 is amended to read:
26-10-5.5.
Child literacy -- Distribution of information kits.
(1) The Legislature recognizes that effective child literacy programs can have a
dramatic long-term impact on each child's ability to:
(a) succeed in school;
(b) successfully compete in a global society; and
(c) become a productive, responsible citizen.
(2) (a) To help further this end, the department may make available to parents of
new-born infants, as a resource, an information kit regarding child development, the
development of emerging literacy skills, and activities which promote and enhance emerging
literacy skills, including reading aloud to the child on a regular basis.
(b) The department shall seek private funding to help support this program.
(3) (a) The department may seek assistance from the State [
Office
] 
Board
 of Education
and local hospitals in making the information kit available to parents on a voluntary basis.
(b) The department may also seek assistance from private entities in making the kits
available to parents.
Section 7. Section 
32B-2-405
 is amended to read:
32B-2-405.
Reporting by municipalities and counties -- Grants.
(1) A municipality or county that receives money under this part during a fiscal year
shall by no later than October 1 following the fiscal year:
(a) report to the advisory council:
(i) the programs or projects of the municipality or county that receive money under this
part;
(ii) if the money for programs or projects were exclusively used as required by
Subsection 
32B-2-403
(2);
(iii) indicators of whether the programs or projects that receive money under this part
are effective; and
(iv) if money received under this part was not expended by the municipality or county;
and
(b) provide the advisory council a statement signed by the chief executive officer of the
county or municipality attesting that the money received under this part was used in addition to
money appropriated or otherwise available for the county's or municipality's law enforcement
and was not used to supplant that money.
(2) The advisory council may, by a majority vote:
(a) suspend future payments under Subsection 
32B-2-404
(4) to a municipality or
county that:
(i) does not file a report that meets the requirements of Subsection (1); or
(ii) the advisory council finds does not use the money as required by Subsection
32B-2-403
(2) on the basis of the report filed by the municipality or county under Subsection
(1); and
(b) cancel a suspension under Subsection (2)(a).
(3) The State Tax Commission shall notify the advisory council of the balance of any
undistributed money after the annual distribution under Subsection 
32B-2-404
(5).
(4) (a) Subject to the requirements of this Subsection (4), the advisory council shall
award the balance of undistributed money under Subsection (3):
(i) as prioritized by majority vote of the advisory council; and
(ii) as grants to:
(A) a county;
(B) a municipality;
(C) the department;
(D) the Department of Human Services;
(E) the Department of Public Safety; or
(F) the [
Utah
] State [
Office
] 
Board
 of Education.
(b) By not later than May 30 of the fiscal year of the appropriation, the advisory
council shall notify the State Tax Commission of grants awarded under this Subsection (4).
(c) The State Tax Commission shall make payments of a grant:
(i) upon receiving notice as provided under Subsection (4)(b); and
(ii) by not later than June 30 of the fiscal year of the appropriation.
(d) An entity that receives a grant under this Subsection (4) shall use the grant money
exclusively for programs or projects described in Subsection 
32B-2-403
(2).
Section 8. Section 
35A-3-205
 is amended to read:
35A-3-205.
Creation of committee.
(1) There is created a Child Care Advisory Committee.
(2) The committee shall counsel and advise the office in fulfilling its statutory
obligations, including:
(a) reviewing and providing recommendations on the office's annual budget;
(b) providing recommendations on how the office might best respond to child care
needs throughout the state; and
(c) providing recommendations on the use of money in the Child Care Fund and other
money that comes into the office.
(3) The committee is composed of the following members, with special attention given
to insure diversity and representation from both urban and rural groups:
(a) one expert in early childhood development;
(b) one child care provider who operates a center;
(c) one child care provider who operates a family child care business;
(d) one parent who is representative of households receiving a child care subsidy from
the office;
(e) one representative from the public at-large;
(f) one representative [
of
] 
selected by
 the State [
Office
] 
Board
 of Education;
(g) one representative of the Department of Health;
(h) one representative of the Department of Human Services;
(i) two representatives from the corporate community, one who is a recent "Family
Friendly" award winner and who received the award because of efforts related to child care;
(j) two representatives from the small business community;
(k) one representative from child care advocacy groups;
(l) one representative of children with disabilities;
(m) one representative from the state Head Start Association appointed by the
association;
(n) one representative from each child care provider association; and
(o) one representative of a child care resource and referral center appointed by the
organization representing child care resource and referral agencies.
(4) (a) The executive director shall appoint the members designated in Subsections
(3)(a) through (e) and (j) through (n).
(b) The head of the respective departments shall appoint the members referred to in
Subsections (3)(f) through (i).
(c) Each child care provider association shall appoint its respective member referred to
in Subsection (3)(o).
(5) (a) Except as required by Subsection (5)(b), as terms of current committee members
expire, the appointing authority shall appoint each new member or reappointed member to a
four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the appointing authority
shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
terms of committee members are staggered so that approximately half of the committee is
appointed every two years.
(6) When a vacancy occurs in the membership for any reason, including missing three
consecutive meetings where the member has not been excused by the chair prior to or during
the meeting, the replacement shall be appointed for the unexpired term.
(7) A majority of the members constitutes a quorum for the transaction of business.
(8) (a) The executive director shall select a chair from the committee membership.
(b) A chair may serve no more than two one-year terms as chair.
(9) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses as allowed in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
Section 9. Section 
35A-5-103
 is amended to read:
35A-5-103.
Roles of service providers.
(1) Delivery of job training related services not administered by the department under
this chapter shall be provided in accordance with Subsections (2) and (3).
(2) The State [
Office
] 
Board
 of Education and the Board of Regents shall provide for
basic education, remedial education, and applied technology training.
(3) The Office of Rehabilitation shall provide those services authorized under the
Rehabilitation Act of 1973, as amended.
Section 10. Section 
49-12-701
 is amended to read:
49-12-701.
 Early retirement incentive -- Eligibility -- Calculation of benefit --
Payment of costs -- Savings to be appropriated by Legislature -- Restrictions on
reemployment.
(1) Any member of this system may retire and receive the allowance allowed under
Subsection (2) if the member meets the following requirements as of the member's retirement
date:
(a) the member is eligible for retirement under Section 
49-12-401
, or has 25 years of
service credit;
(b) the member elects to forfeit any stipend for retirement offered by the participating
employer; and
(c) the member elects to retire from this system by applying for retirement by the date
established under Subsection (3)(a) or (3)(b).
(2) (a) A member who retires under Subsection (1) shall receive 2% of that member's
final average salary for all years of service credit.
(b) An actuarial reduction may not be applied to the allowance granted under this
section.
(3) In order to receive the allowance allowed by this section, a member shall submit an
application to the office as follows:
(a) (i) For state and school employees under Level A, the application shall be filed by
May 31, 1987. The member's retirement date shall then be set by the member on the 1st or 16th
day of July, August, or September, 1987.
(ii) If a Level A member elects to retire, the executive director or participating
employer may request the member to delay the retirement date until a later date, but no later
than June 30, 1988.
(iii) If the member agrees to delay the retirement date, the retirement date shall be
delayed, but service credit may not be accrued after the member's original retirement date
elected by the member, and compensation earned after the member's original retirement date
may not be used in the calculation of the final average salary for determining the retirement
allowance.
(b) (i) For political subdivision employees under Level B, the application shall be filed
by September 30, 1987.
(ii) The retirement date shall then be set by the member on the 1st or 16th day of July,
August, September, October, November, or December, 1987.
(4) (a) The cost of providing the allowance under this section shall be funded in fiscal
year 1987-88 by a supplemental appropriation in the 1988 General Session based on the
retirement contribution rate increase established by the consulting actuary and approved by the
board.
(b) The cost of providing the allowance under this section shall be funded beginning
July 1, 1988, by means of an increase in the retirement contribution rate established by the
consulting actuary and approved by the board.
(c) The rate increase under Subsections (4)(a) and (b) shall be funded:
(i) for state employees, by an appropriation from the account established by the
Division of Finance under Subsection (4)(d), which is funded by savings derived from this
early retirement incentive and a work force reduction;
(ii) for school employees, by direct contributions from the employing unit, which may
not be funded through an increase in the retirement contribution amount established in Title
53A, Chapter 17a, Minimum School Program Act; and
(iii) for political subdivisions under Level B, by direct contributions by the
participating employer.
(d) (i) Each year, any excess savings derived from this early retirement incentive which
are above the costs of funding the increase and the costs of paying insurance, sick leave,
compensatory leave, and vacation leave under Subsections (4)(c)(i) and (c)(ii) shall be reported
to the Legislature and shall be appropriated as provided by law.
(ii) In the case of Subsection (4)(c)(i), the Division of Finance shall establish an
account into which all savings derived from this early retirement incentive shall be deposited as
the savings are realized.
(iii) In the case of Subsection (4)(c)(ii), the State [
Office
] 
Board
 of Education shall
certify the amount of savings derived from this early retirement incentive.
(iv) The State [
Office
] 
Board
 of Education and the participating employer may not
spend the savings until appropriated by the Legislature as provided by law.
(5) A member who retires under this section is subject to Sections 
49-11-504
 and
49-11-505
.
(6) The board may adopt rules to administer this section.
(7) The Legislative Auditor General shall perform an audit to ensure compliance with
this section.
Section 11. Section 
49-13-701
 is amended to read:
49-13-701.
Early retirement incentive -- Eligibility -- Calculation of benefit --
Payment of costs -- Savings to be appropriated by Legislature -- Restrictions on
reemployment.
(1) Any member of this system may retire and receive the allowance allowed under
Subsection (2) if the member meets the following requirements as of the member's retirement:
(a) the member is eligible for retirement under Section 
49-13-401
, or has 25 years of
service credit;
(b) the member elects to forfeit any stipend for retirement offered by the participating
employer; and
(c) the member elects to retire from this system by applying for retirement by the date
established under Subsection (3)(a) or (3)(b).
(2) (a) A member who retires under Subsection (1) shall receive 2% of that member's
final average salary for all years of service credit.
(b) No actuarial reduction may be applied to the allowance granted under this section.
(3) In order to receive the allowance allowed by this section, a member shall submit an
application to the office as follows:
(a) (i) For state and school employees under Level A, the application shall be filed by
May 31, 1987. The member's retirement date shall then be set by the member on the 1st or 16th
day of July, August, or September, 1987.
(ii) If a Level A member elects to retire, the executive director or participating
employer may request the member to delay the retirement date until a later date, but no later
than June 30, 1988.
(iii) If the member agrees to delay the retirement date, the retirement date shall be
delayed, but service credit may not be accrued after the member's original retirement date
elected by the member, and compensation earned after the member's original retirement date
may not be used in the calculation of the final average salary for determining the retirement
allowance.
(b) (i) For political subdivision employees under Level B, the application shall be filed
by September 30, 1987.
(ii) The member's retirement date shall then be set by the member on the 1st or 16th
day of July, August, September, October, November, or December, 1987.
(4) (a) The cost of providing the allowance under this section shall be funded in fiscal
year 1987-88 by a supplemental appropriation in the 1988 General Session based on the
retirement contribution rate increase established by the consulting actuary and approved by the
board.
(b) The cost of providing the allowance under this section shall be funded beginning
July 1, 1988, by means of an increase in the retirement contribution rate established by the
consulting actuary and approved by the board.
(c) The rate increase under Subsections (4)(a) and (b) shall be funded:
(i) for state employees, by an appropriation from the account established by the
Division of Finance under Subsection (4)(d), which is funded by savings derived from this
early retirement incentive and a work force reduction;
(ii) for school employees, by direct contributions from the employing unit, which may
not be funded through an increase in the retirement contribution amount established in Title
53A, Chapter 17a, Minimum School Program Act; and
(iii) for political subdivisions under Level B, by direct contributions by the
participating employer.
(d) (i) Each year, any excess savings derived from this early retirement incentive which
are above the costs of funding the increase and the costs of paying insurance, sick leave,
compensatory leave, and vacation leave under Subsections (4)(c)(i) and (c)(ii) shall be reported
to the Legislature and shall be appropriated as provided by law.
(ii) In the case of Subsection (4)(c)(i), the Division of Finance shall establish an
account into which all savings derived from this early retirement incentive shall be deposited as
the savings are realized.
(iii) In the case of Subsection (4)(c)(ii), the State [
Office
] 
Board
 of Education shall
certify the amount of savings derived from this early retirement incentive.
(iv) The State [
Office
] 
Board
 of Education and the participating employer may not
spend the savings until appropriated by the Legislature as provided by law.
(5) A member who retires under this section is subject to Sections 
49-11-504
 and
49-11-505
.
(6) The board may make rules to administer this section.
(7) The Legislative Auditor General shall perform an audit to ensure compliance with
this section.
Section 12. Section 
51-9-405
 is amended to read:
51-9-405.
Substance Abuse Prevention Account established -- Funding -- Uses.
(1) There is created a restricted account within the General Fund known as the
Substance Abuse Prevention Account.
(2) (a) The Division of Finance shall allocate to the Substance Abuse Prevention
Account from the collected surcharge established in Section 
51-9-401
:
(i) 2.5% for the juvenile court, but not to exceed the amount appropriated by the
Legislature; and
(ii) 2.5% for the State [
Office
] 
Board
 of Education, but not to exceed the amount
appropriated by the Legislature.
(b) The juvenile court shall use the allocation to pay for compensatory service
programs required by Subsection 
78A-6-117
(2)(m).
(c) The State [
Office
] 
Board
 of Education shall use the allocation in public school
programs for:
(i) substance abuse prevention and education;
(ii) substance abuse prevention training for teachers and administrators; and
(iii) district and school programs to supplement, not supplant, existing local prevention
efforts in cooperation with local substance abuse authorities.
Section 13. Section 
53-10-202
 is amended to read:
53-10-202.
Criminal identification -- Duties of bureau.
The bureau shall:
(1) procure and file information relating to identification and activities of persons who:
(a) are fugitives from justice;
(b) are wanted or missing;
(c) have been arrested for or convicted of a crime under the laws of any state or nation;
and
(d) are believed to be involved in racketeering, organized crime, or a dangerous
offense;
(2) establish a statewide uniform crime reporting system that shall include:
(a) statistics concerning general categories of criminal activities;
(b) statistics concerning crimes that exhibit evidence of prejudice based on race,
religion, ancestry, national origin, ethnicity, or other categories that the division finds
appropriate; and
(c) other statistics as required by the Federal Bureau of Investigation;
(3) make a complete and systematic record and index of the information obtained
under this part;
(4) subject to the restrictions in this part, establish policy concerning the use and
dissemination of data obtained under this part;
(5) publish an annual report concerning the extent, fluctuation, distribution, and nature
of crime in Utah;
(6) establish a statewide central register for the identification and location of missing
persons, which may include:
(a) identifying data including fingerprints of each missing person;
(b) identifying data of any missing person who is reported as missing to a law
enforcement agency having jurisdiction;
(c) dates and circumstances of any persons requesting or receiving information from
the register; and
(d) any other information, including blood types and photographs found necessary in
furthering the purposes of this part;
(7) publish a quarterly directory of missing persons for distribution to persons or
entities likely to be instrumental in the identification and location of missing persons;
(8) list the name of every missing person with the appropriate nationally maintained
missing persons lists;
(9) establish and operate a 24-hour communication network for reports of missing
persons and reports of sightings of missing persons;
(10) coordinate with the National Center for Missing and Exploited Children and other
agencies to facilitate the identification and location of missing persons and the identification of
unidentified persons and bodies;
(11) receive information regarding missing persons, as provided in Sections 
26-2-27
and 
53A-11-502
, and stolen vehicles, vessels, and outboard motors, as provided in Section
41-1a-1401
;
(12) adopt systems of identification, including the fingerprint system, to be used by the
division to facilitate law enforcement;
(13) assign a distinguishing number or mark of identification to any pistol or revolver,
as provided in Section 
76-10-520
;
(14) check certain criminal records databases for information regarding motor vehicle
salesperson applicants, maintain a separate file of fingerprints for motor vehicle salespersons,
and inform the Motor Vehicle Enforcement Division when new entries are made for certain
criminal offenses for motor vehicle salespersons in accordance with the requirements of
Section 
41-3-205.5
;
(15) check certain criminal records databases for information regarding driving
privilege card applicants or cardholders and maintain a separate file of fingerprints for driving
privilege applicants and cardholders and inform the federal Immigration and Customs
Enforcement Agency of the United States Department of Homeland Security when new entries
are made in accordance with the requirements of Section 
53-3-205.5
.
(16) review and approve or disapprove applications for license renewal that meet the
requirements for renewal;
(17) forward to the board those applications for renewal under Subsection (16) that do
not meet the requirements for renewal; and
(18) within funds appropriated by the Legislature for the purpose, implement and
manage the operation of a firearm safety program, in conjunction with the state suicide
prevention coordinator, as described in this section and Section 
62A-15-1101
, including:
(a) coordinating with the Department of Health, local mental health and substance
abuse authorities, the [
State Office of Education
] 
public education
 suicide prevention
coordinator, and a representative from a Utah-based nonprofit organization with expertise in
the field of firearm use and safety that represents firearm owners, to:
(i) produce a firearm safety brochure with information about the safe handling and use
of firearms that includes:
(A) rules for safe handling, storage, and use of firearms in a home environment;
(B) information about at-risk individuals and individuals who are legally prohibited
from possessing firearms;
(C) information about suicide prevention and awareness; and
(D) information about the availability of firearm safety packets;
(ii) procure cable-style gun locks for distribution pursuant to this section; and
(iii) produce a firearm safety packet that includes both the firearm safety brochure
described in Subsection (18)(a)(i) and the cable-style gun lock described in Subsection
(18)(a)(ii);
(b) distributing, free of charge, the firearm safety packet to the following persons, who
shall make the firearm safety packet available free of charge:
(i) health care providers, including emergency rooms;
(ii) mental health practitioners;
(iii) other public health suicide prevention organizations;
(iv) entities that teach firearm safety courses; and
(v) school districts for use in the seminar, described in Section 
53A-15-1302
, for
parents of students in the school district;
(c) creating and administering a redeemable coupon program described in this section
and Section 
76-10-526
, that may include:
(i) producing a redeemable coupon that offers between $10 and $200 off the purchase
of a gun safe from a participating federally licensed firearms dealer, as defined in Section
76-10-501
, by a Utah resident who has filed an application for a concealed firearm permit;
(ii) advertising the redeemable coupon program to all federally licensed firearms
dealers and maintaining a list of dealers who wish to participate in the program;
(iii) printing or writing the name of a Utah resident who has filed an application for a
concealed firearm permit on the redeemable coupon;
(iv) mailing the redeemable coupon and the firearm safety brochure to Utah residents
who have filed an application for a concealed firearm permit; and
(v) collecting from the participating dealers receipts described in Section 
76-10-526
and reimbursing the dealers;
(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
making rules that establish procedures for:
(i) producing and distributing the firearm safety brochures and packets;
(ii) procuring the cable-style gun locks for distribution; and
(iii) administering the redeemable coupon program; and
(e) reporting to the Law Enforcement and Criminal Justice Interim Committee
regarding implementation and success of the firearm safety program:
(i) during the 2016 interim, before November 1; and
(ii) during the 2018 interim, before June 1.
Section 14. Section 
53-10-211
 is amended to read:
53-10-211.
Notice required of arrest of school employee for controlled substance
or sex offense.
(1) The chief administrative officer of the law enforcement agency making the arrest or
receiving notice under Subsection (2) shall immediately notify [
the following individuals
]:
(a) [
the administrator of teacher certification in
] the State [
Office
] 
Board
 of Education;
and
(b) the superintendent of schools of the employing public school district or, if the
offender is an employee of a private school, the administrator of that school.
(2) Subsection (1) applies upon:
(a) the arrest of any school employee for any offense:
(i) in Section 
58-37-8
;
(ii) in Title 76, Chapter 5, Part 4, Sexual Offenses; or
(iii) involving sexual conduct; or
(b) upon receiving notice from any other jurisdiction that a school employee has
committed an act which would, if committed in Utah, be an offense under Subsection (2)(a).
Section 15. Section 
53A-1-202
 is amended to read:
53A-1-202.
Compensation for members of the State Board of Education --
Insurance -- Per diem and expenses.
(1) (a) The Legislature shall set the compensation of members of the State Board of
Education annually in an appropriations act.
(b) Until the Legislature sets the compensation of members of the State Board of
Education in an appropriations act, each member of the State Board of Education shall receive
compensation of $3,000 per year.
(c) Compensation of members of the State Board of Education is payable monthly.
(d) In setting the compensation of members of the State Board of Education, the
Legislature shall consider the recommendations, if any, the Elected Official and Judicial
Compensation Commission makes in accordance with Section 
67-8-5
.
(2) A board member may participate in any group insurance plan provided to
employees of the State [
Office
] 
Board
 of Education as part of their compensation on the same
basis as required for employee participation.
(3) In addition to the provisions of Subsections (1) and (2), a board member may
receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 16. Section 
53A-1-302
 is amended to read:
53A-1-302.
Compensation of state superintendent -- Other board employees.
(1) The board shall establish the compensation of the state superintendent.
(2) The board may
, as necessary for the proper administration and supervision of the
public school system:
(a)
 appoint other employees [
as necessary for the proper administration and supervision
of the public school system.
]
; and
(b) delegate appropriate duties and responsibilities to board employees.
(3)
 The compensation and duties of [
these other
] 
board
 employees shall be established
by the board and paid from money appropriated for that purpose.
Section 17. Section 
53A-1-403.5
 is amended to read:
53A-1-403.5.
Education of persons in custody of the Utah Department of
Corrections -- Contracting for services -- Recidivism reduction plan -- Collaboration
among state agencies.
(1) The State Board of Education and the Utah Department of Corrections, subject to
legislative appropriation, are responsible for the education of persons in the custody of the Utah
Department of Corrections.
(2) (a) To fulfill the responsibility under Subsection (1), the State Board of Education
and the Utah Department of Corrections shall, where feasible, contract with appropriate private
or public agencies to provide educational and related administrative services. Contracts for
postsecondary education and training shall be under Subsection (2)(b).
(b) (i) The contract under Subsection (2)(a) to provide postsecondary education and
training shall be with a community college if the correctional facility is located within the
service region of a community college, except under Subsection (2)(b)(ii).
(ii) If the community college under Subsection (2)(b)(i) declines to provide the
education and training or cannot meet reasonable contractual terms for providing the education
and training as specified by the Utah Department of Corrections, postsecondary education and
training under Subsection (2)(a) may be procured through other appropriate private or public
agencies.
(3) (a) As its corrections education program, the State Board of Education and the Utah
Department of Corrections shall develop and implement a recidivism reduction plan, including
the following components:
(i) inmate assessment;
(ii) cognitive problem-solving skills;
(iii) basic literacy skills;
(iv) career skills;
(v) job placement;
(vi) postrelease tracking and support;
(vii) research and evaluation;
(viii) family involvement and support; and
(ix) multiagency collaboration.
(b) The plan shall be developed and implemented through the State [
Office
] 
Board
 of
Education and the Utah Department of Corrections in collaboration with the following entities:
(i) the State Board of Regents;
(ii) the Utah College of Applied Technology Board of Trustees;
(iii) local boards of education;
(iv) the Department of Workforce Services;
(v) the Department of Human Services;
(vi) the Board of Pardons and Parole;
(vii) the State Office of Rehabilitation; and
(viii) the Governor's Office.
(4) By July 1, 2014, and every three years thereafter, the Utah Department of
Corrections shall make a report to the Education Interim Committee and the Judiciary, Law
Enforcement, and Criminal Justice Interim Committee evaluating the impact of corrections
education programs on recidivism.
Section 18. Section 
53A-1-413
 is amended to read:
53A-1-413.
Student Achievement Backpack -- Utah Student Record Store.
(1) As used in this section:
(a) "Authorized LEA user" means a teacher or other person who is:
(i) employed by an LEA that provides instruction to a student; and
(ii) authorized to access data in a Student Achievement Backpack through the Utah
Student Record Store.
(b) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
the Blind.
(c) "Student Achievement Backpack" means, for a student from kindergarten through
grade 12, a complete learner profile that:
(i) is in electronic format;
(ii) follows the student from grade to grade and school to school; and
(iii) is accessible by the student's parent or guardian or an authorized LEA user.
(d) "U-PASS" means the Utah Performance Assessment System for Students
established in Part 6, Achievement Tests.
(e) "Utah Student Record Store" means a repository of student data collected from
LEAs as part of the state's longitudinal data system that is:
(i) managed by the [
Utah
] State [
Office
] 
Board
 of Education;
(ii) cloud-based; and
(iii) accessible via a web browser to authorized LEA users.
(2) (a) The State Board of Education shall use the 
State Board of Education's
 robust,
comprehensive data collection system [
maintained by the Utah State Office of Education
],
which collects longitudinal student transcript data from LEAs and the unique student identifiers
as described in Section 
53A-1-603.5
, to allow the following to access a student's Student
Achievement Backpack:
(i) the student's parent or guardian; and
(ii) each LEA that provides instruction to the student.
(b) The State Board of Education shall ensure that a Student Achievement Backpack:
(i) provides a uniform, transparent reporting mechanism for individual student
progress;
(ii) provides a complete learner history for postsecondary planning;
(iii) provides a teacher with visibility into a student's complete learner profile to better
inform instruction and personalize education;
(iv) assists a teacher or administrator in diagnosing a student's learning needs through
the use of data already collected by the State Board of Education;
(v) facilitates a student's parent or guardian taking an active role in the student's
education by simplifying access to the student's complete learner profile; and
(vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
storage and collection system.
(3) Using existing information collected and stored in the 
State Board of Education's
data warehouse [
maintained by the Utah State Office of Education
], the State Board of
Education shall create the Utah Student Record Store where an authorized LEA user may:
(a) access data in a Student Achievement Backpack relevant to the user's LEA or
school; or
(b) request student records to be transferred from one LEA to another.
(4) The State Board of Education shall implement security measures to ensure that:
(a) student data stored or transmitted to or from the Utah Student Record Store is
secure and confidential pursuant to the requirements of the Family Educational Rights and
Privacy Act, 20 U.S.C. Sec. 1232g; and
(b) an authorized LEA user may only access student data that is relevant to the user's
LEA or school.
(5) A student's parent or guardian may request the student's Student Achievement
Backpack from the LEA or the school in which the student is enrolled.
(6) No later than June 30, 2014, an authorized LEA user shall be able to access student
data in a Student Achievement Backpack, which shall include the following data, or request the
data be transferred from one LEA to another:
(a) student demographics;
(b) course grades;
(c) course history; and
(d) results for an assessment administered under U-PASS.
(7) No later than June 30, 2015, an authorized LEA user shall be able to access student
data in a Student Achievement Backpack, which shall include the data listed in Subsections
(6)(a) through (d) and the following data, or request the data be transferred from one LEA to
another:
(a) section attendance;
(b) the name of a student's teacher for classes or courses the student takes;
(c) teacher qualifications for a student's teacher, including years of experience, degree,
license, and endorsement;
(d) results of formative, interim, and summative computer adaptive assessments
administered pursuant to Section 
53A-1-603
;
(e) detailed data demonstrating a student's mastery of the core standards for Utah
public schools and objectives as measured by computer adaptive assessments administered
pursuant to Section 
53A-1-603
;
(f) a student's writing sample written for an online writing assessment administered
pursuant to Section 
53A-1-603
;
(g) student growth scores for U-PASS tests;
(h) a school's grade assigned pursuant to Part 11, School Grading Act;
(i) results of benchmark assessments of reading administered pursuant to Section
53A-1-606.6
; and
(j) a student's reading level at the end of grade 3.
(8) No later than June 30, 2017, the State Board of Education shall ensure that data
collected in the Utah Student Record Store for a Student Achievement Backpack shall be
integrated into each LEA's student information system and shall be made available to a
student's parent or guardian and an authorized LEA user in an easily accessible viewing format.
Section 19. Section 
53A-1-708
 is amended to read:
53A-1-708.
Grants for online delivery of U-PASS tests.
(1) As used in this section:
(a) "Adaptive tests" means tests administered during the school year using an online
adaptive test system.
(b) "Core standards for Utah public schools" means the standards developed and
adopted by the State Board of Education that define the knowledge and skills students should
have in kindergarten through grade 12 to enable students to be prepared for college or
workforce training.
(c) "Summative tests" means tests administered near the end of a course to assess
overall achievement of course goals.
(d) "Uniform online summative test system" means a single system for the online
delivery of summative tests required under U-PASS that:
(i) is coordinated by the [
Utah
] State [
Office
] 
Board
 of Education;
(ii) ensures the reliability and security of U-PASS tests; and
(iii) is selected through collaboration between [
Utah
] 
the
 State [
Office
] 
Board
 of
Education and school district representatives with expertise in technology, assessment, and
administration.
(e) "U-PASS" means the Utah Performance Assessment System for Students.
(2) The State Board of Education may award grants to school districts and charter
schools to implement one or both of the following:
(a) a uniform online summative test system to enable parents of students and school
staff to review U-PASS test scores by the end of the school year; or
(b) an online adaptive test system to enable parents of students and school staff to
measure and monitor a student's academic progress during a school year.
(3) (a) Grant money may be used to pay for any of the following, provided it is directly
related to implementing a uniform online summative test system, an online adaptive test
system, or both:
(i) computer equipment and peripherals, including electronic data capture devices
designed for electronic test administration and scoring;
(ii) software;
(iii) networking equipment;
(iv) upgrades of existing equipment or software;
(v) upgrades of existing physical plant facilities;
(vi) personnel to provide technical support or coordination and management; and
(vii) teacher professional development.
(b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
online delivery of summative tests or adaptive tests required under U-PASS may be used for
other purposes.
(4) The State Board of Education shall make rules:
(a) establishing procedures for applying for and awarding grants;
(b) specifying how grant money shall be allocated among school districts and charter
schools;
(c) requiring reporting of grant money expenditures and evidence showing that the
grant money has been used to implement a uniform online summative test system, an online
adaptive test system, or both;
(d) establishing technology standards for an online adaptive testing system;
(e) requiring a school district or charter school that receives a grant under this section
to implement, in compliance with Chapter 13, Part 3, Utah Family Educational Rights and
Privacy Act, an online adaptive test system by the 2014-15 school year that:
(i) meets the technology standards established under Subsection (4)(d); and
(ii) is aligned with the core standards for Utah public schools;
(f) requiring a school district or charter school to provide matching funds to implement
a uniform online summative test system, an online adaptive test system, or both in an amount
that is greater than or equal to the amount of a grant received under this section; and
(g) assuring that student identifiable data is not released to any person, except as
provided by Section 
53A-13-301
 and rules of the State Board of Education adopted under that
section.
(5) If a school district or charter school uses grant money for purposes other than those
stated in Subsection (3), the school district or charter school is liable for reimbursing the State
Board of Education in the amount of the grant money improperly used.
(6) A school district or charter school may not use federal funds to provide the
matching funds required to receive a grant under this section.
(7) A school district may not impose a tax rate above the certified tax rate for the
purpose of generating revenue to provide matching funds for a grant under this section.
Section 20. Section 
53A-1a-501.7
 is amended to read:
53A-1a-501.7.
State Charter School Board -- Staff director -- Facilities.
(1) (a) The State Charter School Board, with the consent of the superintendent of
public instruction, shall appoint a staff director for the State Charter School Board.
(b) The State Charter School Board shall have authority to remove the staff director
with the consent of the superintendent of public instruction.
(c) The position of staff director is exempt from the career service provisions of Title
67, Chapter 19, Utah State Personnel Management Act.
(2) The superintendent of public instruction shall provide space for staff of the State
Charter School Board in facilities occupied by the [
Utah
] State [
Office
] 
Board
 of Education 
or
the State Board of Education's employees
, with costs charged for the facilities equal to those
charged other sections and divisions [
within
] 
under
 the [
Utah
] State [
Office
] 
Board
 of
Education and [
Utah
] State Office of Rehabilitation.
Section 21. Section 
53A-3-402
 is amended to read:
53A-3-402.
Powers and duties generally.
(1) Each local school board shall:
(a) implement the core standards for Utah public schools utilizing instructional
materials that best correlate to the core standards for Utah public schools and graduation
requirements;
(b) administer tests, required by the State Board of Education, which measure the
progress of each student, and coordinate with the state superintendent and State Board of
Education to assess results and create plans to improve the student's progress
,
 which shall be
submitted to the State [
Office
] 
Board
 of Education for approval;
(c) use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state, and local
resources to implement remediation;
(d) develop early warning systems for students or classes failing to make progress;
(e) work with the State [
Office
] 
Board
 of Education to establish a library of
documented best practices, consistent with state and federal regulations, for use by the local
districts; and
(f) implement training programs for school administrators, including basic
management training, best practices in instructional methods, budget training, staff
management, managing for learning results and continuous improvement, and how to help
every child achieve optimal learning in basic academic subjects.
(2) Local school boards shall spend minimum school program funds for programs and
activities for which the State Board of Education has established minimum standards or rules
under Section 
53A-1-402
.
(3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
and equipment and construct, erect, and furnish school buildings.
(b) School sites or buildings may only be conveyed or sold on board resolution
affirmed by at least two-thirds of the members.
(4) (a) A board may participate in the joint construction or operation of a school
attended by children residing within the district and children residing in other districts either
within or outside the state.
(b) Any agreement for the joint operation or construction of a school shall:
(i) be signed by the president of the board of each participating district;
(ii) include a mutually agreed upon pro rata cost; and
(iii) be filed with the State Board of Education.
(5) A board may establish, locate, and maintain elementary, secondary, and applied
technology schools.
(6) Except as provided in Section 
53A-1-1001
, a board may enroll children in school
who are at least five years of age before September 2 of the year in which admission is sought.
(7) A board may establish and support school libraries.
(8) A board may collect damages for the loss, injury, or destruction of school property.
(9) A board may authorize guidance and counseling services for children and their
parents or guardians prior to, during, or following enrollment of the children in schools.
(10) (a) A board shall administer and implement federal educational programs in
accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National Education
Programs Act.
(b) Federal funds are not considered funds within the school district budget under Title
53A, Chapter 19, Public School Budgets.
(11) (a) A board may organize school safety patrols and adopt rules under which the
patrols promote student safety.
(b) A student appointed to a safety patrol shall be at least 10 years old and have written
parental consent for the appointment.
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
of a highway intended for vehicular traffic use.
(d) Liability may not attach to a school district, its employees, officers, or agents or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
the program by virtue of the organization, maintenance, or operation of a school safety patrol.
(12) (a) A board may on its own behalf, or on behalf of an educational institution for
which the board is the direct governing body, accept private grants, loans, gifts, endowments,
devises, or bequests that are made for educational purposes.
(b) These contributions are not subject to appropriation by the Legislature.
(13) (a) A board may appoint and fix the compensation of a compliance officer to issue
citations for violations of Subsection 
76-10-105
(2).
(b) A person may not be appointed to serve as a compliance officer without the
person's consent.
(c) A teacher or student may not be appointed as a compliance officer.
(14) A board shall adopt bylaws and rules for its own procedures.
(15) (a) A board shall make and enforce rules necessary for the control and
management of the district schools.
(b) All board rules and policies shall be in writing, filed, and referenced for public
access.
(16) A board may hold school on legal holidays other than Sundays.
(17) (a) Each board shall establish for each school year a school traffic safety
committee to implement this Subsection (17).
(b) The committee shall be composed of one representative of:
(i) the schools within the district;
(ii) the Parent Teachers' Association of the schools within the district;
(iii) the municipality or county;
(iv) state or local law enforcement; and
(v) state or local traffic safety engineering.
(c) The committee shall:
(i) receive suggestions from school community councils, parents, teachers, and others
and recommend school traffic safety improvements, boundary changes to enhance safety, and
school traffic safety program measures;
(ii) review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary, middle, and junior
high school within the district;
(iii) consult the Utah Safety Council and the Division of Family Health Services and
provide training to all school children in kindergarten through grade six, within the district, on
school crossing safety and use; and
(iv) help ensure the district's compliance with rules made by the Department of
Transportation under Section 
41-6a-303
.
(d) The committee may establish subcommittees as needed to assist in accomplishing
its duties under Subsection (17)(c).
(18) (a) Each school board shall adopt and implement a comprehensive emergency
response plan to prevent and combat violence in its public schools, on school grounds, on its
school vehicles, and in connection with school-related activities or events.
(b) The plan shall:
(i) include prevention, intervention, and response components;
(ii) be consistent with the student conduct and discipline policies required for school
districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
(iii) require inservice training for all district and school building staff on what their
roles are in the emergency response plan;
(iv) provide for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas and activities
referred to in Subsection (18)(a); and
(v) include procedures to notify a student, to the extent practicable, who is off campus
at the time of a school violence emergency because the student is:
(A) participating in a school-related activity; or
(B) excused from school for a period of time during the regular school day to
participate in religious instruction at the request of the student's parent or guardian.
(c) The State Board of Education, through the state superintendent of public
instruction, shall develop comprehensive emergency response plan models that local school
boards may use, where appropriate, to comply with Subsection (18)(a).
(d) Each local school board shall, by July 1 of each year, certify to the State Board of
Education that its plan has been practiced at the school level and presented to and reviewed by
its teachers, administrators, students, and their parents and local law enforcement and public
safety representatives.
(19) (a) Each local school board may adopt an emergency response plan for the
treatment of sports-related injuries that occur during school sports practices and events.
(b) The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c) The plan may:
(i) include emergency personnel, emergency communication, and emergency
equipment components;
(ii) require inservice training on the emergency response plan for school personnel who
are involved in sports programs in the district's secondary schools; and
(iii) provide for coordination with individuals and agency representatives who:
(A) are not employees of the school district; and
(B) would be involved in providing emergency services to students injured while
participating in sports events.
(d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
review the plan each year and make revisions when required to improve or enhance the plan.
(e) The State Board of Education, through the state superintendent of public
instruction, shall provide local school boards with an emergency plan response model that local
boards may use to comply with the requirements of this Subsection (19).
(20) A board shall do all other things necessary for the maintenance, prosperity, and
success of the schools and the promotion of education.
(21) (a) Before closing a school or changing the boundaries of a school, a board shall:
(i) hold a public hearing, as defined in Section 
10-9a-103
; and
(ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
(b) The notice of a public hearing required under Subsection (21)(a) shall:
(i) indicate the:
(A) school or schools under consideration for closure or boundary change; and
(B) date, time, and location of the public hearing; and
(ii) at least 10 days prior to the public hearing, be:
(A) published:
(I) in a newspaper of general circulation in the area; and
(II) on the Utah Public Notice Website created in Section 
63F-1-701
; and
(B) posted in at least three public locations within the municipality or on the district's
official website.
(22) A board may implement a facility energy efficiency program established under
Title 11, Chapter 44, Performance Efficiency Act.
Section 22. Section 
53A-3-402.9
 is amended to read:
53A-3-402.9.
Assessment of emerging and early reading skills -- Resources
provided by school districts.
(1) The Legislature recognizes that well-developed reading skills help:
(a) children to succeed in school, develop self esteem, and build positive relationships
with others;
(b) young adults to become independent learners; and
(c) adults to become and remain productive members of a rapidly changing
technology-based society.
(2) (a) Each potential kindergarten student, the student's parent or guardian, and
kindergarten personnel at the student's school may participate in an assessment of the student's
reading and numeric skills.
(b) The State [
Office
] 
Board
 of Education, in cooperation with the state's school
districts, may develop the assessment instrument and any additional materials needed to
implement and supplement the assessment program.
(3) The potential kindergarten student's teacher may use the assessment in planning and
developing an instructional program to meet the student's identified needs.
(4) (a) Each school is encouraged to schedule the assessment early enough before the
kindergarten starting date so that a potential kindergarten student's parent or guardian has time
to develop the child's needed skills as identified by the assessment.
(b) Based on the assessment under Subsection (2), the school shall provide the
potential student's parent or guardian with appropriate resource materials to assist the parent or
guardian at home in the student's literacy development.
Section 23. Section 
53A-3-424
 is amended to read:
53A-3-424.
Rulemaking -- Reporting.
The State [
Office
] 
Board
 of Education may make rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, regarding compliance standards and reporting
requirements for local school boards with respect to the policy required by Section 
53A-3-422
.
Section 24. Section 
53A-3-603
 is amended to read:
53A-3-603.
State board models, guidelines, and training.
(1) The State Board of Education [
through the State Office of Education
] shall develop
and provide models, guidelines, and training to school districts to enable each district to
comply with Section 
53A-3-602.5
.
(2) The models and guidelines shall focus on systematic, simplified organizational
analysis and reporting of available data.
(3) A school district is not restricted to using the models and guidelines developed by
the board if it develops or finds a better approach for clearly communicating the data required
under Section 
53A-3-602.5
.
Section 25. Section 
53A-6-103
 is amended to read:
53A-6-103.
 Definitions.
As used in this chapter:
(1) "Accredited institution" means an institution meeting the requirements of Section
53A-6-107
.
(2) (a) "Alternative preparation program" means preparation for licensure in
accordance with applicable law and rule through other than an approved preparation program.
(b) "Alternative preparation program" includes the competency-based licensing
program described in Section 
53A-6-104.5
.
(3) "Ancillary requirement" means a requirement established by law or rule in addition
to completion of an approved preparation program or alternative education program or
establishment of eligibility under the NASDTEC Interstate Contract, and may include any of
the following:
(a) minimum grade point average;
(b) standardized testing or assessment;
(c) mentoring;
(d) recency of professional preparation or experience;
(e) graduation from an accredited institution; or
(f) evidence relating to moral, ethical, physical, or mental fitness.
(4) "Approved preparation program" means a program for preparation of educational
personnel offered through an accredited institution in Utah or in a state which is a party to a
contract with Utah under the NASDTEC Interstate Contract and which, at the time the program
was completed by the applicant:
(a) was approved by the governmental agency responsible for licensure of educators in
the state in which the program was provided;
(b) satisfied requirements for licensure in the state in which the program was provided;
(c) required completion of a baccalaureate; and
(d) included a supervised field experience.
(5) "Board" means the [
Utah
] State Board of Education.
(6) "Certificate" means a license issued by a governmental jurisdiction outside the
state.
(7) "Core academic subjects" means English, reading or language arts, mathematics,
science, foreign languages, civics and government, economics, arts, history, and geography.
(8) "Educator" means:
(a) a person who holds a license;
(b) a teacher, counselor, administrator, librarian, or other person required, under rules
of the board, to hold a license; or
(c) a person who is the subject of an allegation which has been received by the board or
UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
position requiring licensure.
(9) (a) "Endorsement" means a stipulation appended to a license setting forth the areas
of practice to which the license applies.
(b) An endorsement shall be issued upon completion of a competency-based teacher
preparation program from a regionally accredited university that meets state content standards.
(10) "License" means an authorization issued by the board which permits the holder to
serve in a professional capacity in the public schools. The five levels of licensure are:
(a) "letter of authorization," which is:
(i) a temporary license issued to a person who has not completed requirements for a
competency-based, or level 1, 2, or 3 license, such as:
(A) a student teacher; or
(B) a person participating in an alternative preparation program; or
(ii) a license issued, pursuant to board rules, to a person who has achieved eminence,
or has outstanding qualifications, in a field taught in public schools;
(b) "competency-based license" which is issued to a teacher based on the teacher's
demonstrated teaching skills and abilities;
(c) "level 1 license," which is a license issued upon completion of:
(i) a competency-based teacher preparation program from a regionally accredited
university; or
(ii) an approved preparation program or an alternative preparation program, or pursuant
to an agreement under the NASDTEC Interstate Contract, to candidates who have also met all
ancillary requirements established by law or rule;
(d) "level 2 license," which is a license issued after satisfaction of all requirements for
a level 1 license as well as any additional requirements established by law or rule relating to
professional preparation or experience; and
(e) "level 3 license," which is a license issued to an educator who holds a current Utah
level 2 license and has also received, in the educator's field of practice, National Board
certification or a doctorate from an accredited institution.
(11) "NASDTEC" means the National Association of State Directors of Teacher
Education and Certification.
(12) "NASDTEC Interstate Contract" means the contract implementing Title 53A,
Chapter 6, Part 2, Compact for Interstate Qualification of Educational Personnel, which is
administered through NASDTEC.
(13) "National Board certification" means a current certificate issued by the National
Board for Professional Teaching Standards.
(14) "Necessarily existent small school" means a school classified as a necessarily
existent small school in accordance with Section 
53A-17a-109
.
[
(15) "Office" means the Utah State Office of Education.
]
[
(16)
] 
(15)
 "Rule" means an administrative rule adopted by the board under Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
[
(17)
] 
(16)
 "School" means a public or private entity which provides educational
services to a minor child.
[
(18)
] 
(17)
 "Small school district" means a school district with an enrollment of less
than 5,000 students.
[
(19)
] 
(18)
 "UPPAC" means the Utah Professional Practices Advisory Commission.
Section 26. Section 
53A-6-104.5
 is amended to read:
53A-6-104.5.
Licensing by competency.
(1) A competency-based license to teach may be issued based on the demonstrated
competence of a teacher as provided in this section.
(2) A local school board or charter school may request, and the [
State Board of
Education
] 
board
 shall grant, upon receipt of documentation from the local school board or
charter school verifying the person's qualifications as specified in this section, a
competency-based license to a person who meets the qualifications specified in this section and
submits to a criminal background check as required in Section 
53A-15-1504
.
(3) A local school board or charter school may request a competency-based license if
the candidate meets the following qualifications:
(a) a license candidate who teaches one or more core academic subjects in an
elementary school shall:
(i) hold at least a bachelor's degree; and
(ii) have demonstrated, by passing a rigorous state test, subject knowledge and teaching
skills in reading, writing, mathematics, and other areas of the basic elementary school
curriculum;
(b) a license candidate who teaches one or more core academic subjects in a middle or
secondary school shall:
(i) hold at least a bachelor's degree; and
(ii) have demonstrated a high level of competency in each of the academic subjects in
which the teacher teaches by:
(A) passing a rigorous state academic subject test in each of the academic subjects in
which the teacher teaches; or
(B) successful completion, in each of the academic subjects in which the teacher
teaches, of an academic major, a graduate degree, course work equivalent to an undergraduate
academic major, or advanced certification or credentialing; or
(c) a license candidate who teaches subjects other than a core academic subject in an
elementary, middle, or high school shall:
(i) hold a bachelor's degree, associate's degree, or skill certification; and
(ii) have skills, talents, or abilities, as evaluated by the employing entity, that make the
person suited for the teaching position.
(4) A school district or charter school:
(a) shall monitor and assess the performance of each teacher holding a
competency-based license; and
(b) may recommend that the competency-based license holder's training and
assessment be reviewed by the [
Utah State Office of Education
] 
board
 for a level 1 license.
Section 27. Section 
53A-6-105
 is amended to read:
53A-6-105.
 Licensing fees -- Credit to subfund -- Payment of expenses.
(1) The board shall levy a fee for each new, renewed, or reinstated license or
endorsement in accordance with Section 
63J-1-504
.
(2) Fee payments are credited to the Professional Practices Restricted Subfund in the
Uniform School Fund.
(3) The board shall pay the expenses of issuing licenses and of UPPAC operations, and
the costs of collecting license fees from the restricted subfund.
(4) The [
office
] 
board
 shall submit an annual report to the Legislature's Public
Education Appropriations Subcommittee informing the Legislature about the fund, fees
assessed and collected, and expenditures from the fund.
Section 28. Section 
53A-6-110
 is amended to read:
53A-6-110.
Administrative/supervisory letters of authorization.
(1) A local school board may request, and the [
State Board of Education
] 
board
 may
grant, a letter of authorization permitting a person with outstanding professional qualifications
to serve in any position that requires a person to hold an administrative/supervisory license or
certificate, including principal, assistant principal, associate principal, vice principal, assistant
superintendent, administrative assistant, director, specialist, or other district position.
(2) The [
State Board of Education
] 
board
 may grant a letter of authorization permitting
a person with outstanding professional qualifications to serve in [
any
] 
a
 position [
at the State
Office of Education
] that requires a person to hold an administrative/supervisory license or
certificate.
Section 29. Section 
53A-6-302
 is amended to read:
53A-6-302.
 UPPAC members -- Executive secretary.
(1) UPPAC shall consist of a nonvoting executive secretary and 11 voting members,
nine of whom shall be licensed educators in good standing, and two of whom shall be members
nominated by the education organization within the state that has the largest membership of
parents of students and teachers.
(2) Six of the voting members shall be persons whose primary responsibility is
teaching.
(3) (a) The state superintendent of public instruction shall appoint an employee [
of the
office
] to serve as executive secretary.
(b) Voting members are appointed by the superintendent as provided under Section
53A-6-303
.
(4) [
The office shall provide staff support for
] 
Board employees shall staff
 UPPAC
activities.
Section 30. Section 
53A-6-403
 is amended to read:
53A-6-403.
 Tie-in with the Criminal Investigations and Technical Services
Division.
(1) The [
office
] 
board
 shall:
(a) [
be
] 
designate employees to act, with board supervision, as
 an online terminal
agency with the Department of Public Safety's Criminal Investigations and Technical Services
Division under Section 
53-10-108
; and
(b) provide relevant information concerning current or prospective employees or
volunteers upon request to other school officials as provided in Section 
53A-6-402
.
(2) The cost of the online service shall be borne by the entity making the inquiry.
Section 31. Section 
53A-6-404
 is amended to read:
53A-6-404.
 Certification in other jurisdictions -- Impact on licensing in Utah.
(1) An applicant for a license, renewal of a license, or reinstatement of a license shall
provide the administrator of teacher licensing with an affidavit, stating under oath the current
status of any certificate, license, or other authorization required for a professional position in
education, which the applicant holds or has held in any other jurisdiction.
(2) An applicant for a license who has held a teacher's license in any other jurisdiction
or who graduated from an institution of higher education in another state shall also provide the
administrator of teacher licensing with:
(a) a complete listing of the higher education institutions attended by the applicant,
whether the applicant's enrollment or eligibility for completion of a program was terminated by
the institution, and, if so, the reasons for termination;
(b) a complete list of prior school employers; and
(c) a release on a form provided by the administrator permitting the [
office
] 
board
 to
obtain records from other jurisdictions and from institutions of higher education attended by
the applicant, including expunged or otherwise protected records, relating to any offense
described substantially in the same language as in Section 
53A-15-1506
.
(3) If the applicant's certificate, license, or authorization as an educator in any other
jurisdiction is under investigation, has expired or been surrendered, suspended or revoked, or is
currently not valid for any other reason, the [
office
] 
board
 may not grant the requested license,
renewal, or reinstatement until it has received confirmation from the administrator of
professional certification in that jurisdiction that the applicant would be eligible for
certification or licensure in that jurisdiction.
(4) The [
office
] 
board
 may not withhold a license for the sole reason that the applicant
would be ineligible for certification, licensure, or authorization in the jurisdiction referred to in
Subsection (3) because of failure to meet current requirements in that jurisdiction relating to
education, time in service, or residence.
Section 32. Section 
53A-13-101
 is amended to read:
53A-13-101.
Instruction in health -- Parental consent requirements -- Conduct
and speech of school employees and volunteers -- Political and religious doctrine
prohibited.
(1) (a) The State Board of Education shall establish curriculum requirements under
Section 
53A-1-402
, that include instruction in:
(i) community and personal health;
(ii) physiology;
(iii) personal hygiene; and
(iv) prevention of communicable disease.
(b) (i) That instruction shall stress:
(A) the importance of abstinence from all sexual activity before marriage and fidelity
after marriage as methods for preventing certain communicable diseases; and
(B) personal skills that encourage individual choice of abstinence and fidelity.
(ii) (A) At no time may instruction be provided, including responses to spontaneous
questions raised by students, regarding any means or methods that facilitate or encourage the
violation of any state or federal criminal law by a minor or an adult.
(B) Subsection (1)(b)(ii)(A) does not preclude an instructor from responding to a
spontaneous question as long as the response is consistent with the provisions of this section.
(c) (i) The board shall recommend instructional materials for use in the curricula
required under Subsection (1)(a) after considering evaluations of instructional materials by the
State Instructional Materials Commission.
(ii) A local school board may choose to adopt:
(A) the instructional materials recommended under Subsection (1)(c)(i); or
(B) other instructional materials as provided in state board rule.
(iii) The state board rule made under Subsection (1)(c)(ii)(B) shall include, at a
minimum:
(A) that the materials adopted by a local school board under Subsection (1)(c)(ii)(B)
shall be based upon recommendations of the school district's Curriculum Materials Review
Committee that comply with state law and state board rules emphasizing abstinence before
marriage and fidelity after marriage, and prohibiting instruction in:
(I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
(II) the advocacy of homosexuality;
(III) the advocacy or encouragement of the use of contraceptive methods or devices; or
(IV) the advocacy of sexual activity outside of marriage;
(B) that the adoption of instructional materials shall take place in an open and regular
meeting of the local school board for which prior notice is given to parents and guardians of
students attending schools in the district and an opportunity for them to express their views and
opinions on the materials at the meeting;
(C) provision for an appeal and review process of the local school board's decision; and
(D) provision for a report by the local school board to the State Board of Education of
the action taken and the materials adopted by the local school board under Subsections
(1)(c)(ii)(B) and (1)(c)(iii).
(2) (a) Instruction in the courses described in Subsection (1) shall be consistent and
systematic in grades eight through 12.
(b) At the request of the board, the Department of Health shall cooperate with the board
in developing programs to provide instruction in those areas.
(3) (a) The board shall adopt rules that:
(i) provide that the parental consent requirements of Sections 
76-7-322
 and 
76-7-323
are complied with; and
(ii) require a student's parent or legal guardian to be notified in advance and have an
opportunity to review the information for which parental consent is required under Sections
76-7-322
 and 
76-7-323
.
(b) The board shall also provide procedures for disciplinary action for violation of
Section 
76-7-322
 or 
76-7-323
.
(4) (a) In keeping with the requirements of Section 
53A-13-109
, and because school
employees and volunteers serve as examples to their students, school employees or volunteers
acting in their official capacities may not support or encourage criminal conduct by students,
teachers, or volunteers.
(b) To ensure the effective performance of school personnel, the limitations described
in Subsection (4)(a) also apply to school employees or volunteers acting outside of their official
capacities if:
(i) they knew or should have known that their action could result in a material and
substantial interference or disruption in the normal activities of the school; and
(ii) that action does result in a material and substantial interference or disruption in the
normal activities of the school.
(c) Neither the State [
Office
] 
Board
 of Education nor local school districts may
[
provide
] 
allow
 training of school employees or volunteers that supports or encourages
criminal conduct.
(d) The State Board of Education shall adopt rules implementing this section.
(e) Nothing in this section limits the ability or authority of the State Board of
Education and local school boards to enact and enforce rules or take actions that are otherwise
lawful, regarding educators', employees', or volunteers' qualifications or behavior evidencing
unfitness for duty.
(5) Except as provided in Section 
53A-13-101.1
, political, atheistic, sectarian,
religious, or denominational doctrine may not be taught in the public schools.
(6) (a) Local school boards and their employees shall cooperate and share
responsibility in carrying out the purposes of this chapter.
(b) Each school district shall provide appropriate inservice training for its teachers,
counselors, and school administrators to enable them to understand, protect, and properly
instruct students in the values and character traits referred to in this section and Sections
53A-13-101.1
, 
53A-13-101.2
, 
53A-13-101.3
, 
53A-13-109
, 
53A-13-301
, and 
53A-13-302
 and
distribute appropriate written materials on the values, character traits, and conduct to each
individual receiving the inservice training.
(c) The written materials shall also be made available to classified employees, students,
and parents and guardians of students.
(d) In order to assist school districts in providing the inservice training required under
Subsection (6)(b), the State Board of Education shall as appropriate, contract with a qualified
individual or entity possessing expertise in the areas referred to in Subsection (6)(b) to develop
and disseminate model teacher inservice programs which districts may use to train the
individuals referred to in Subsection (6)(b) to effectively teach the values and qualities of
character referenced in that subsection.
(e) In accordance with the provisions of Subsection (4)(c), inservice training may not
support or encourage criminal conduct.
(7) If any one or more provision, subsection, sentence, clause, phrase, or word of this
section, or the application thereof to any person or circumstance, is found to be
unconstitutional, the balance of this section shall be given effect without the invalid provision,
subsection, sentence, clause, phrase, or word.
Section 33. Section 
53A-13-208
 is amended to read:
53A-13-208.
Driver education teachers certified as license examiners.
(1) The Driver License Division of the Department of Public Safety and the State
Board of Education [
through the State Office of Education
] shall establish procedures and
standards to certify teachers of driver education classes under this part to administer written
and driving tests.
(2) The division is the certifying authority.
(3) (a) A teacher certified under this section shall give written and driving tests
designed for driver education classes authorized under this part.
(b) The Driver License Division shall, in conjunction with the State [
Office
] 
Board
 of
Education, establish minimal standards for the driver education class tests that are at least as
difficult as those required to receive a class D operator's license under Title 53, Chapter 3,
Uniform Driver License Act.
(c) A student who passes the written test but fails the driving test given by a teacher
certified under this section may apply for a learner permit or class D operator's license under
Title 53, Chapter 3, Part 2, Driver Licensing Act, and complete the driving test at a Driver
License Division office.
(4) A student shall have a learner permit issued by the Driver License Division under
Section 
53-3-210.5
 in the student's immediate possession at all times when operating a motor
vehicle under this section.
(5) A student who successfully passes the tests given by a certified driver education
teacher under this section satisfies the written and driving parts of the test required for a learner
permit or class D operator's license.
(6) The Driver License Division and the State Board of Education shall establish
procedures to enable school districts to administer or process any tests for students to receive a
learner permit or class D operator's license.
(7) The division and board shall establish the standards and procedures required under
this section by rules made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
Section 34. Section 
53A-14-107
 is amended to read:
53A-14-107.
Instructional materials alignment with core standards for Utah
public schools.
(1) For a school year beginning with or after the 2012-13 school year, a school district
may not purchase primary instructional materials unless the primary instructional materials
provider:
(a) contracts with an independent party to evaluate and map the alignment of the
primary instructional materials with the core standards for Utah public schools adopted under
Section 
53A-1-402
;
(b) provides a detailed summary of the evaluation under Subsection (1)(a) on a public
website at no charge, for use by teachers and the general public; and
(c) pays the costs related to the requirements of this Subsection (1).
(2) The requirements under Subsection (1) may not be performed by:
(a) the State Board of Education;
(b) the superintendent of public instruction or [
the State Office
] 
employees of the State
Board
 of Education;
(c) the State Instructional Materials Commission appointed pursuant to Section
53A-14-101
;
(d) a local school board or a school district; or
(e) the instructional materials creator or publisher.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules that establish:
(a) the qualifications of the independent parties who may evaluate and map the
alignment of the primary instructional materials in accordance with the provisions of
Subsection (1)(a); and
(b) requirements for the detailed summary of the evaluation and its placement on a
public website in accordance with the provisions of Subsection (1)(b).
Section 35. Section 
53A-15-1301
 is amended to read:
53A-15-1301.
Youth suicide prevention programs required in secondary schools
-- State Board of Education to develop model programs -- Reporting requirements.
(1) As used in the section:
(a) "Board" means the State Board of Education.
(b) "Intervention" means an effort to prevent a student from attempting suicide.
(c) "Postvention" means mental health intervention after a suicide attempt or death to
prevent or contain contagion.
(d) "Program" means a youth suicide prevention program described in Subsection (2).
(e) "Public education suicide prevention coordinator" means an individual designated
by the board as described in Subsection (3).
[
(e)
] 
(f)
 "Secondary grades":
(i) means grades 7 through 12; and
(ii) if a middle or junior high school includes grade 6, includes grade 6.
[
(f) "State Office of Education suicide prevention coordinator" means a person
designated by the board as described in Subsection (3).
]
(g) "State suicide prevention coordinator" means the state suicide prevention
coordinator described in Section 
62A-15-1101
.
(2) (a) In collaboration with the [
State Office of Education
] 
public education
 suicide
prevention coordinator, a school district or charter school shall implement a youth suicide
prevention program in the secondary grades of the school district or charter school.
(b) A school district or charter school's program shall include the following
components:
(i) in collaboration with the training, programs, and initiatives described in Section
53A-11a-401
, programs and training to address bullying and cyberbullying, as those terms are
defined in Section 
53A-11a-102
;
(ii) prevention of youth suicides;
(iii) youth suicide intervention; and
(iv) postvention for family, students, and faculty.
(3) The board shall:
(a) designate a [
State Office of Education
] 
public education
 suicide prevention
coordinator; and
(b) in collaboration with the Department of Heath and the state suicide prevention
coordinator, develop model programs to provide to school districts and charter schools:
(i) program training; and
(ii) resources regarding the required components described in Subsection (2)(b).
(4) The [
State Office of Education
] 
public education
 suicide prevention coordinator
shall:
(a) oversee the youth suicide prevention programs of school districts and charter
schools; and
(b) coordinate prevention and postvention programs, services, and efforts with the state
suicide prevention coordinator.
(5) A public school suicide prevention program may allow school personnel to ask a
student questions related to youth suicide prevention, intervention, or postvention.
(6) (a) Subject to legislative appropriation, the board may distribute money to a school
district or charter school to be used to implement evidence-based practices and programs, or
emerging best practices and programs, for preventing suicide in the school district or charter
school.
(b) The board shall distribute money under Subsection (6)(a) so that each school that
enrolls students in grade 7 or a higher grade receives an allocation of at least $500, or a lesser
amount per school if the legislative appropriation is not sufficient to provide at least $500 per
school.
(c) (i) A school shall use money allocated to the school under Subsection (6)(b) to
implement evidence-based practices and programs, or emerging best practices and programs,
for preventing suicide.
(ii) Each school may select the evidence-based practices and programs, or emerging
best practices and programs, for preventing suicide that the school implements.
(7) (a) The board shall provide a written report, and shall orally report to the
Legislature's Education Interim Committee, by the October 2015 meeting, jointly with the
[
State Office of Education
] 
public education
 suicide prevention coordinator and the state
suicide prevention coordinator, on:
(i) the progress of school district and charter school youth suicide prevention programs,
including rates of participation by school districts, charter schools, and students;
(ii) the board's coordination efforts with the Department of Health and the state suicide
prevention coordinator;
(iii) the [
State Office of Education
] 
public education
 suicide prevention coordinator's
model program for training and resources related to youth suicide prevention, intervention, and
postvention;
(iv) data measuring the effectiveness of youth suicide programs;
(v) funds appropriated to each school district and charter school for youth suicide
prevention programs; and
(vi) five-year trends of youth suicides per school, school district, and charter school.
(b) School districts and charter schools shall provide to the board information that is
necessary for the board's report to the Legislature's Education Interim Committee as required in
Subsection (7)(a).
Section 36. Section 
53A-16-101.6
 is amended to read:
53A-16-101.6.
Creation of School Children's Trust Section -- Duties.
(1) As used in this section:
(a) "School and institutional trust lands" is as defined in Section 
53C-1-103
.
(b) "Section" means the School Children's Trust Section created in this section.
(c) "Trust" means:
(i) the School LAND Trust Program created in Section 
53A-16-101.5
; and
(ii) the lands and funds associated with the trusts described in Subsection
53C-1-103
(7).
(2) There is established a School Children's Trust Section [
within
] 
under
 the State
[
Office
] 
Board
 of Education.
(3) (a) The section shall have a director.
(b) The director shall have professional qualifications and expertise in the areas
generating revenue to the trust, including:
(i) economics;
(ii) energy development;
(iii) finance;
(iv) investments;
(v) public education;
(vi) real estate;
(vii) renewable resources;
(viii) risk management; and
(ix) trust law.
(c) The director shall be appointed as provided in this Subsection (3).
(d) The School and Institutional Trust Lands Board of Trustees nominating committee
shall submit to the State Board of Education the name of one person to serve as director.
(e) The State Board of Education may:
(i) appoint the person described in Subsection (3)(d) to serve as director; or
(ii) deny the appointment of the person described in Subsection (3)(d) to serve as
director.
(f) If the State Board of Education denies an appointment under this Subsection (3):
(i) the State Board of Education shall provide in writing one or more reasons for the
denial to the School and Institutional Trust Lands Board of Trustees nominating committee;
and
(ii) the School and Institutional Trust Lands Board of Trustees nominating committee
and the State Board of Education shall follow the procedures and requirements of this
Subsection (3) until the State Board of Education appoints a director.
(g) The State Board of Education may remove the director only by majority vote of a
quorum in an open and public meeting after proper notice and the inclusion of the removal item
on the agenda.
(4) The State Board of Education shall make rules regarding:
(a) regular reporting from the School Children's Trust Section director to the State
Board of Education, to allow the State Board of Education to fulfill its duties in representing
the trust beneficiaries; and
(b) the day-to-day reporting of the School Children's Trust Section director.
(5) (a) The director shall annually submit a proposed section budget to the State Board
of Education.
(b) After approving a section budget, the State Board of Education shall propose the
approved budget to the Legislature.
(6) The director is entitled to attend any presentation, discussion, meeting, or other
gathering concerning the trust, subject to:
(a) provisions of law prohibiting the director's attendance to preserve confidentiality; or
(b) other provisions of law that the director's attendance would violate.
(7) The section shall have a staff.
(8) The section shall protect current and future beneficiary rights and interests in the
trust consistent with the state's perpetual obligations under:
(a) the Utah Enabling Act;
(b) the Utah Constitution;
(c) state statute; and
(d) standard trust principles described in Section 
53C-1-102
.
(9) The section shall promote:
(a) productive use of school and institutional trust lands; and
(b) the efficient and prudent investment of funds managed by the School and
Institutional Trust Fund Office, created in Section 
53D-1-201
.
(10) The section shall provide representation, advocacy, and input:
(a) on behalf of current and future beneficiaries of the trust, school community
councils, schools, and school districts;
(b) on federal, state, and local land decisions and policies that affect the trust; and
(c) to:
(i) the School and Institutional Trust Lands Administration;
(ii) the School and Institutional Trust Lands Board of Trustees;
(iii) the Legislature;
(iv) the School and Institutional Trust Fund Office, created in Section 
53D-1-201
;
(v) the School and Institutional Trust Fund Board of Trustees, created in Section
53D-1-301
;
(vi) the attorney general;
(vii) the public; and
(viii) other entities as determined by the section.
(11) The section shall provide independent oversight on the prudent and profitable
management of the trust and report annually to the State Board of Education and the
Legislature.
(12) The section shall provide information requested by a person or entity described in
Subsections (10)(c)(i) through (vii).
(13) (a) The section shall provide training to the entities described in Subsection
(13)(b) on:
(i) the School LAND Trust Program established in Section 
53A-16-101.5
; and
(ii) (A) a school community council established pursuant to Section 
53A-1a-108
; or
(B) a charter trust land council established under Section 
53A-16-101.5
.
(b) The section shall provide the training to:
(i) a local school board or a charter school governing board;
(ii) a school district or a charter school; and
(iii) a school community council.
Section 37. Section 
53A-20-104
 is amended to read:
53A-20-104.
Enforcement of chapter by state superintendent -- Employment of
personnel -- School districts and charter schools -- Certificate of inspection verification.
(1) The state superintendent of public instruction shall enforce this chapter.
(2) The superintendent may employ architects or other qualified personnel, or contract
with the State Building Board, the state fire marshal, or a local governmental entity to:
(a) examine the plans and specifications of any school building or alteration submitted
under this chapter;
(b) verify the inspection of any school building during or following construction; and
(c) perform other functions necessary to ensure compliance with this chapter.
(3) (a) (i) If a local school board uses the school district's building inspector under
Subsection 
10-9a-305
(6)(a)(ii) or 
17-27a-305
(6)(a)(ii) and issues its own certificate authorizing
permanent occupancy of the school building, the local school board shall file a certificate of
inspection verification with the local governmental entity's building official and the State
[
Office
] 
Board
 of Education, advising those entities that the school district has complied with
the inspection provisions of this chapter.
(ii) If a charter school uses a school district building inspector under Subsection
10-9a-305
(6)(a)(ii) or 
17-27a-305
(6)(a)(ii) and the school district issues to the charter school a
certificate authorizing permanent occupancy of the school building, the charter school shall file
with the State [
Office
] 
Board
 of Education a certificate of inspection verification.
(iii) If a local school board or charter school uses a local governmental entity's building
inspector under Subsection 
10-9a-305
(6)(a)(i) or 
17-27a-305
(6)(a)(i) and the local
governmental entity issues the local school board or charter school a certificate authorizing
permanent occupancy of the school building, the local school board or charter school shall file
with the State [
Office
] 
Board
 of Education a certificate of inspection verification.
(iv) (A) If a local school board or charter school uses an independent, certified building
inspector under Subsection 
10-9a-305
(6)(a)(iii) or 
17-27a-305
(6)(a)(iii), the local school board
or charter school shall, upon completion of all required inspections of the school building, file
with the State [
Office
] 
Board
 of Education a certificate of inspection verification and a request
for the issuance of a certificate authorizing permanent occupancy of the school building.
(B) Upon the local school board's or charter school's filing of the certificate and request
as provided in Subsection (3)(a)(iv)(A), the school district or charter school shall be entitled to
temporary occupancy of the school building that is the subject of the request for a period of 90
days, beginning the date the request is filed, if the school district or charter school has
complied with all applicable fire and life safety code requirements.
(C) Within 30 days after the local school board or charter school files a request under
Subsection (3)(a)(iv)(A) for a certificate authorizing permanent occupancy of the school
building, the state superintendent of public instruction shall:
(I) (Aa) issue to the local school board or charter school a certificate authorizing
permanent occupancy of the school building; or
(Bb) deliver to the local school board or charter school a written notice indicating
deficiencies in the school district's or charter school's compliance with the inspection
provisions of this chapter; and
(II) mail a copy of the certificate authorizing permanent occupancy or the notice of
deficiency to the building official of the local governmental entity in which the school building
is located.
(D) Upon the local school board or charter school remedying the deficiencies indicated
in the notice under Subsection (3)(a)(iv)(C)(I)(Bb) and notifying the state superintendent of
public instruction that the deficiencies have been remedied, the state superintendent of public
instruction shall issue a certificate authorizing permanent occupancy of the school building and
mail a copy of the certificate to the building official of the local governmental entity in which
the school building is located.
(E) (I) The state superintendent of public instruction may charge the school district or
charter school a fee for an inspection that the superintendent considers necessary to enable the
superintendent to issue a certificate authorizing permanent occupancy of the school building.
(II) A fee under Subsection (3)(a)(iv)(E)(I) may not exceed the actual cost of
performing the inspection.
(b) For purposes of this Subsection (3):
(i) "local governmental entity" means either a municipality, for a school building
located within a municipality, or a county, for a school building located within an
unincorporated area in the county; and
(ii) "certificate of inspection verification" means a standard inspection form developed
by the state superintendent in consultation with local school boards and charter schools to
verify that inspections by qualified inspectors have occurred.
Section 38. Section 
53A-25b-306
 is amended to read:
53A-25b-306.
Programs for deafblind individuals -- State deafblind education
specialist.
(1) The board shall adopt policies and programs for providing appropriate educational
services to individuals who are deafblind.
(2) Except as provided in Subsection (4), the board shall designate an employee [
of the
Utah State Office of Education
] who holds a deafblind certification or equivalent training and
expertise to:
(a) act as a resource coordinator for the board on public education programs designed
for individuals who are deafblind;
(b) facilitate the design and implementation of professional development programs to
assist school districts, charter schools, and the Utah Schools for the Deaf and the Blind in
meeting the educational needs of those who are deafblind; and
(c) facilitate the design of and assist with the implementation of one-on-one
intervention programs in school districts, charter schools, and at the Utah Schools for the Deaf
and the Blind for those who are deafblind, serving as a resource for, or team member of,
individual IEP teams.
(3) The board may authorize and approve the costs of an employee [
of the Utah State
Office of Education
] to obtain a deafblind certification or equivalent training and expertise to
qualify for the position described in Subsection (2).
(4) The board may contract with a third party for the services required under
Subsection (2).
Section 39. Section 
53A-25b-501
 is amended to read:
53A-25b-501.
Instructional Materials Access Center -- Board to make rules.
(1) The [
Utah State Office of Education
] 
board
 shall collaborate with the Utah Schools
for the Deaf and the Blind, school districts, and charter schools in establishing the Utah State
Instructional Materials Access Center to provide students with print disabilities access to
instructional materials in alternate formats in a timely manner.
(2) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) establish the Utah State Instructional Materials Access Center;
(b) define how the Educational Resource Center at the Utah Schools for the Deaf and
the Blind shall collaborate in the operation of the Utah State Instructional Materials Access
Center;
(c) specify procedures for the operation of the Utah State Instructional Materials
Access Center, including procedures to:
(i) identify students who qualify for instructional materials in alternate formats; and
(ii) distribute and store instructional materials in alternate formats;
(d) establish the contribution of school districts and charter schools towards the cost of
instructional materials in alternate formats; and
(e) require textbook publishers, as a condition of contract, to provide electronic file sets
in conformance with the National Instructional Materials Accessibility Standard.
Section 40. Section 
53B-6-104
 is amended to read:
53B-6-104.
Multi-University Consortium for Teacher Training in Sensory
Impairments -- Purposes -- Appropriation.
(1) (a) In conjunction with the State Board of Regents' master plan for higher
education, there is established a Multi-University Consortium for Teacher Training in Sensory
Impairments which is an outgrowth of a consortium established by the federal government.
(b) The consortium shall include within its membership the University of Utah, Utah
State University, Brigham Young University, the Utah Schools for the Deaf and the Blind, the
Services for At-Risk Students section [
of
] 
under
 the State [
Office
] 
Board
 of Education, and
local school districts.
(2) The consortium, in collaboration with the State Board of Regents and the State
Board of Education, shall develop and implement teacher preparation programs that qualify
and certify instructors to work with students who are visually impaired, hearing impaired, or
both visually and hearing impaired.
(3) (a) There is appropriated from the General Fund for fiscal year 1994-95, $200,000
to the State Board of Regents to fund the consortium's teacher preparation programs referred to
in Subsection (2).
(b) The appropriation is nonlapsing.
(c) The State Board of Regents shall consider including within its annual budget
recommendations a line item appropriation to provide ongoing funding for the programs
provided pursuant to this section.
Section 41. Section 
53B-17-105
 is amended to read:
53B-17-105.
 Utah Education and Telehealth Network.
(1) There is created the Utah Education and Telehealth Network, or UETN.
(2) UETN shall:
(a) coordinate and support the telecommunications needs of public and higher
education, public libraries, and entities affiliated with the state systems of public and higher
education as approved by the Utah Education and Telehealth Network Board, including the
statewide development and implementation of a network for education, which utilizes satellite,
microwave, fiber-optic, broadcast, and other transmission media;
(b) coordinate the various telecommunications technology initiatives of public and
higher education;
(c) provide high-quality, cost-effective Internet access and appropriate interface
equipment for schools and school systems;
(d) procure, install, and maintain telecommunication services and equipment on behalf
of public and higher education;
(e) develop or implement other programs or services for the delivery of distance
learning and telehealth services as directed by law;
(f) apply for state and federal funding on behalf of:
(i) public and higher education; and
(ii) telehealth services;
(g) in consultation with health care providers from a variety of health care systems,
explore and encourage the development of telehealth services as a means of reducing health
care costs and increasing health care quality and access, with emphasis on assisting rural health
care providers and special populations; and
(h) in consultation with the Utah Department of Health, advise the governor and the
Legislature on:
(i) the role of telehealth in the state;
(ii) the policy issues related to telehealth;
(iii) the changing telehealth needs and resources in the state; and
(iv) state budgetary matters related to telehealth.
(3) In performing the duties under Subsection (2), UETN shall:
(a) provide services to schools, school districts, and the public and higher education
systems through an open and competitive bidding process;
(b) work with the private sector to deliver high-quality, cost-effective services;
(c) avoid duplicating facilities, equipment, or services of private providers or public
telecommunications service, as defined under Section 
54-8b-2
;
(d) utilize statewide economic development criteria in the design and implementation
of the educational telecommunications infrastructure; and
(e) assure that public service entities, such as educators, public service providers, and
public broadcasters, are provided access to the telecommunications infrastructure developed in
the state.
(4) The University of Utah shall provide administrative support for UETN.
(5) (a) The Utah Education and Telehealth Network Board, which is the governing
board for UETN, is created.
(b) The Utah Education and Telehealth Network Board shall have 13 members as
follows:
(i) four members representing the state system of higher education appointed by the
commissioner of higher education;
(ii) four members representing the state system of public education [
including:
]
appointed by the State Board of Education;
[
(A) three members appointed by the State Board of Education; and
]
[
(B) one member representing the Utah State Office of Education appointed by the
state superintendent;
]
(iii) one member representing applied technology centers appointed by the president of
the Utah College of Applied Technology;
(iv) one member representing the state library appointed by the state librarian;
(v) two members representing hospitals as follows:
(A) the members may not be employed by the same hospital system;
(B) one member shall represent a rural hospital;
(C) one member shall represent an urban hospital; and
(D) the chief administrator or the administrator's designee for each hospital licensed in
this state shall select the two hospital representatives; and
(vi) one member representing the office of the governor, appointed by the governor.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(d) (i) The board shall elect a chair.
(ii) The chair shall set the agenda for the board meetings.
(6) A member of the board may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) The board:
(a) shall hire an executive director for UETN who may hire staff for UETN as
permitted by the budget;
(b) may terminate the executive director's employment or assignment;
(c) shall determine the executive director's salary;
(d) shall annually conduct a performance evaluation of the executive director;
(e) shall establish policies the board determines are necessary for the operation of
UETN and the administration of UETN's duties; and
(f) shall advise UETN in:
(i) the development and operation of a coordinated, statewide, multi-option
telecommunications system to assist in the delivery of educational services and telehealth
services throughout the state; and
(ii) acquiring, producing, and distributing instructional content.
(8) The executive director of UETN shall be an at-will employee.
(9) UETN shall locate and maintain educational and telehealth telecommunication
infrastructure throughout the state.
(10) Educational institutions shall manage site operations under policy established by
UETN.
(11) Subject to future budget constraints, the Legislature shall provide an annual
appropriation to operate UETN.
(12) If the network operated by the Department of Technology Services is not
available, UETN may provide network connections to the central administration of counties
and municipalities for the sole purpose of transferring data to a secure facility for backup and
disaster recovery.
Section 42. Section 
53B-18-801
 is amended to read:
53B-18-801.
Establishment of the center -- Purpose -- Duties and responsibilities.
(1) There is hereby established the Center for the School of the Future at Utah State
University, hereafter referred to as "the center."
(2) (a) The purpose of the center is to promote best practices in the state's public
education system and encourage cooperative and research development relationships between
public and higher education.
(b) For purposes of this section "best practices" means the best process or system that
effectively achieves an educational objective.
(3) The center has the following duties and responsibilities:
(a) to direct its efforts to those education issues judged to be of greatest importance by
the State [
Office
] 
Board
 of Education, school districts, and their patrons, subject to the
availability of funds to sustain its efforts;
(b) to coordinate and collaborate with education stakeholders, such as institutions of
higher education, the State [
Office
] 
Board
 of Education, school districts, parent-teacher
organizations, and other public and private educational interests in identifying or developing
and then implementing best practices throughout the state's public education system;
(c) to contribute to the creation and maintenance of a public education system that
continually and systematically improves itself by building upon the most effective education
policies, programs, and practices and rejecting those that are less effective;
(d) to identify problems and challenges in providing educational and related services to
all students in the public schools, including special education students and students at risk;
(e) to identify current public and private resources at both the state and national level
that are available to resolve problems or overcome challenges within the public education
system and seek additional resources as necessary; and
(f) to support the implementation of best practices in the public education system
through professional development programs and dissemination of information.
(4) The center in collaboration with the State [
Office
] 
Board
 of Education shall:
(a) clarify the problems and challenges identified under this section, identify desired
outcomes, and agree upon measures of outcomes;
(b) prioritize the problems and challenges;
(c) identify readily accessible resources to solve problems and challenges, including
best practices that could be implemented with little or no adaptation;
(d) determine whether new programs or procedures should be developed, and estimate
the extent of effort required for that development;
(e) determine which existing programs should be eliminated; and
(f) assist in implementing solutions, monitoring accomplishments, disseminating
results, and facilitating the extension of successful efforts to new settings.
Section 43. Section 
53D-1-102
 is amended to read:
53D-1-102.
Definitions.
(1) "Account" means the School and Institutional Trust Fund Management Account,
created in Section 
53D-1-203
.
(2) "Beneficiaries":
(a) means those for whose benefit the trust fund is managed and preserved, consistent
with the enabling act, the Utah Constitution, and state law; and
(b) does not include other government institutions or agencies, the public at large, or
the general welfare of the state.
(3) "Board" means the board of trustees established in Section 
53D-1-301
.
(4) "Director" means the director of the office.
(5) "Enabling act" means the act of Congress, dated July 16, 1894, enabling the people
of Utah to form a constitution and state government and to be admitted into the Union.
(6) "Nominating committee" means the committee established under Section
53D-1-501
.
(7) "Office" means the School and Institutional Trust Fund Office, created in Section
53D-1-201
.
(8) "School children's trust section" means the School Children's Trust Section [
within
]
under
 the State [
Office
] 
Board
 of Education, established in Section 
53A-16-101.6
.
(9) "Trust fund" means money derived from:
(a) the sale or use of land granted to the state under Sections 6, 8, and 12 of the
enabling act;
(b) proceeds referred to in Section 9 of the enabling act from the sale of public land;
and
(c) revenue and assets referred to in Utah Constitution, Article X, Section 5,
Subsections (1)(c), (e), and (f).
Section 44. Section 
58-41-4
 is amended to read:
58-41-4.
Exemptions from chapter.
(1) In addition to the exemptions from licensure in Section 
58-1-307
, the following
persons may engage in the practice of speech-language pathology and audiology subject to the
stated circumstances and limitations without being licensed under this chapter:
(a) a qualified person licensed in this state under any law existing in this state prior to
May 13, 1975, from engaging in the profession for which he is licensed;
(b) a medical doctor, physician, or surgeon licensed in this state, from engaging in his
specialty in the practice of medicine;
(c) a hearing aid dealer or salesman from selling, fitting, adjusting, and repairing
hearing aids, and conducting hearing tests solely for that purpose. However, a hearing aid
dealer may not conduct audiologic testing on persons under the age of 18 years except under
the direct supervision of an audiologist licensed under this chapter;
(d) a person who has obtained a valid and current credential issued by the [
Utah
] State
[
Office
] 
Board
 of Education while performing specifically the functions of a speech-language
pathologist or audiologist, in no way in his own interest, solely within the confines of and
under the direction and jurisdiction of and only in the academic interest of the schools by which
employed in this state;
(e) a person employed as a speech-language pathologist or audiologist by federal
government agencies or subdivisions or, prior to July 1, 1989, by state or local government
agencies or subdivisions, while specifically performing speech-language pathology or
audiology services in no way in his own interest, solely within the confines of and under the
direction and jurisdiction of and in the specific interest of that agency or subdivision;
(f) a person identified in Subsections (1)(d) and (e) may offer lectures for a fee, or
monetary or other compensation, without being licensed; however, such person may elect to be
subject to the requirements of this chapter;
(g) a person employed by accredited colleges or universities as a speech-language
pathologist or audiologist from performing the services or functions described in this chapter
when they are:
(i) performed solely as an assigned teaching function of employment;
(ii) solely in academic interest and pursuit as a function of that employment;
(iii) in no way for their own interest; and
(iv) provided for no fee, monetary or otherwise, other than their agreed institutional
salary;
(h) a person pursuing a course of study leading to a degree in speech-language
pathology or audiology while enrolled in an accredited college or university, provided those
activities constitute an assigned, directed, and supervised part of his curricular study, and in no
other interest, and that all examinations, tests, histories, charts, progress notes, reports,
correspondence, and all documents and records which he produces be identified clearly as
having been conducted and prepared by a student in training and that such a person is
obviously identified and designated by appropriate title clearly indicating the training status
and provided that he does not hold himself out directly or indirectly as being qualified to
practice independently;
(i) a person trained in elementary audiometry and qualified to perform basic
audiometric tests while employed by a licensed medical doctor to perform solely for him while
under his direct supervision, the elementary conventional audiometric tests of air conduction
screening, air conduction threshold testing, and tympanometry;
(j) a person while performing as a speech-language pathologist or audiologist for the
purpose of obtaining required professional experience under the provisions of this chapter, if he
meets all training requirements and is professionally responsible to and under the supervision
of a speech-language pathologist or audiologist who holds the CCC or a state license in
speech-language pathology or audiology. This provision is applicable only during the time that
person is obtaining the required professional experience;
(k) a corporation, partnership, trust, association, group practice, or like organization
engaging in speech-language pathology or audiology services without certification or license, if
it acts only through employees or consists only of persons who are licensed under this chapter;
(l) performance of speech-language pathology or audiology services in this state by a
speech-language pathologist or audiologist who is not a resident of this state and is not licensed
under this chapter if those services are performed for no more than one month in any calendar
year in association with a speech-language pathologist or audiologist licensed under this
chapter, and if that person meets the qualifications and requirements for application for
licensure described in Section 
58-41-5
; and
(m) a person certified under Title 53A, State System of Public Education, as a teacher
of the deaf, from providing the services or performing the functions he is certified to perform.
(2) No person is exempt from the requirements of this chapter who performs or
provides any services as a speech-language pathologist or audiologist for which a fee, salary,
bonus, gratuity, or compensation of any kind paid by the recipient of the service; or who
engages any part of his professional work for a fee practicing in conjunction with, by
permission of, or apart from his position of employment as speech-language pathologist or
audiologist in any branch or subdivision of local, state, or federal government or as otherwise
identified in this section.
Section 45. Section 
59-10-1307
 is amended to read:
59-10-1307.
Contributions for education.
(1) Except as provided in Section 
59-10-1304
, a resident or nonresident individual that
files an individual income tax return under this chapter may designate on the resident or
nonresident individual's individual income tax return a contribution as provided in this part to:
(a) the foundation of any school district if that foundation is exempt from federal
income taxation under Section 501(c)(3), Internal Revenue Code; or
(b) a school district described in Title 53A, Chapter 2, School Districts, if the school
district has not established a foundation.
(2) If a resident or nonresident individual designates an amount as a contribution
under:
(a) Subsection (1)(a), but does not designate a particular school district foundation to
receive the contribution, the contribution shall be made to the [
Utah
] State [
Office
] 
Board
 of
Education to be distributed to one or more associations of foundations:
(i) if those foundations that are members of the association are established in
accordance with Section 
53A-4-205
; and
(ii) as determined by the [
Utah
] State [
Office
] 
Board
 of Education; or
(b) Subsection (1)(b), but does not designate a particular school district to receive the
contribution, the contribution shall be made to the [
Utah
] State [
Office
] 
Board
 of Education.
(3) The commission shall:
(a) determine annually the total amount of contributions designated to each entity
described in Subsection (1) in accordance with this section; and
(b) subject to Subsection (2), credit the amounts described in Subsection (1) to the
entities.
Section 46. Section 
62A-4a-412
 is amended to read:
62A-4a-412.
Reports and information confidential.
(1) Except as otherwise provided in this chapter, reports made pursuant to this part, as
well as any other information in the possession of the division obtained as the result of a report
are private, protected, or controlled records under Title 63G, Chapter 2, Government Records
Access and Management Act, and may only be made available to:
(a) a police or law enforcement agency investigating a report of known or suspected
abuse or neglect;
(b) a physician who reasonably believes that a child may be the subject of abuse or
neglect;
(c) an agency that has responsibility or authority to care for, treat, or supervise a minor
who is the subject of a report;
(d) a contract provider that has a written contract with the division to render services to
a minor who is the subject of a report;
(e) except as provided in Subsection 
63G-2-202
(10), a subject of the report, the natural
parents of the child, and the guardian ad litem;
(f) a court, upon a finding that access to the records may be necessary for the
determination of an issue before the court, provided that in a divorce, custody, or related
proceeding between private parties, the record alone is:
(i) limited to objective or undisputed facts that were verified at the time of the
investigation; and
(ii) devoid of conclusions drawn by the division or any of the division's workers on the
ultimate issue of whether or not a person's acts or omissions constituted any level of abuse or
neglect of another person;
(g) an office of the public prosecutor or its deputies in performing an official duty;
(h) a person authorized by a Children's Justice Center, for the purposes described in
Section 
67-5b-102
;
(i) a person engaged in bona fide research, when approved by the director of the
division, if the information does not include names and addresses;
(j) the State [
Office
] 
Board
 of Education, acting on behalf of itself or on behalf of a
school district, for the purpose of evaluating whether an individual should be permitted to
obtain or retain a license as an educator or serve as an employee or volunteer in a school,
limited to information with substantiated findings involving an alleged sexual offense, an
alleged felony or class A misdemeanor drug offense, or any alleged offense against the person
under Title 76, Chapter 5, Offenses Against the Person, and with the understanding that the
office must provide the subject of a report received under Subsection (1)(k) with an
opportunity to respond to the report before making a decision concerning licensure or
employment;
(k) any person identified in the report as a perpetrator or possible perpetrator of abuse
or neglect, after being advised of the screening prohibition in Subsection (2);
(l) except as provided in Subsection 
63G-2-202
(10), a person filing a petition for a
child protective order on behalf of a child who is the subject of the report; and
(m) a licensed child-placing agency or person who is performing a preplacement
adoptive evaluation in accordance with the requirements of Sections 
78B-6-128
 and
78B-6-130
.
(2) (a) A person, unless listed in Subsection (1), may not request another person to
obtain or release a report or any other information in the possession of the division obtained as
a result of the report that is available under Subsection (1)(k) to screen for potential
perpetrators of abuse or neglect.
(b) A person who requests information knowing that it is a violation of Subsection
(2)(a) to do so is subject to the criminal penalty in Subsection (4).
(3) (a) Except as provided in Section 
62A-4a-1007
 and Subsection (3)(b), the division
and law enforcement officials shall ensure the anonymity of the person or persons making the
initial report and any others involved in its subsequent investigation.
(b) Notwithstanding any other provision of law, excluding Section 
78A-6-317
, but
including this chapter and Title 63G, Chapter 2, Government Records Access and Management
Act, when the division makes a report or other information in its possession available under
Subsection (1)(e) to a subject of the report or a parent of a child, the division shall remove from
the report or other information only the names, addresses, and telephone numbers of
individuals or specific information that could:
(i) identify the referent;
(ii) impede a criminal investigation; or
(iii) endanger a person's safety.
(4) Any person who wilfully permits, or aides and abets the release of data or
information obtained as a result of this part, in the possession of the division or contained on
any part of the Management Information System, in violation of this part or Sections
62A-4a-1003
 through 
62A-4a-1007
, is guilty of a class C misdemeanor.
(5) The physician-patient privilege is not a ground for excluding evidence regarding a
child's injuries or the cause of those injuries, in any proceeding resulting from a report made in
good faith pursuant to this part.
(6) A child-placing agency or person who receives a report in connection with a
preplacement adoptive evaluation pursuant to Sections 
78B-6-128
 and 
78B-6-130
:
(a) may provide this report to the person who is the subject of the report; and
(b) may provide this report to a person who is performing a preplacement adoptive
evaluation in accordance with the requirement of Sections 
78B-6-128
 and 
78B-6-130
, or to a
licensed child-placing agency or to an attorney seeking to facilitate an adoption.
Section 47. Section 
62A-5a-102
 is amended to read:
62A-5a-102.
Definitions.
As used in this chapter:
(1) "Council" means the Coordinating Council for Persons with Disabilities.
(2) "State agencies" means:
(a) the Division of Services for People with Disabilities and the Division of Substance
Abuse and Mental Health, within the Department of Human Services;
(b) the Division of Health Care Financing within the Department of Health;
(c) family health services programs established under Title 26, Chapter 10, Family
Health Services, operated by the Department of Health;
(d) the Utah State Office of Rehabilitation; and
(e) special education programs operated by the State [
Office
] 
Board
 of Education and
local school districts under Title 53A, Chapter 15, Part 3, Education of Children with
Disabilities.
Section 48. Section 
62A-15-1101
 is amended to read:
62A-15-1101.
Suicide prevention -- Reporting requirements.
(1) As used in the section:
(a) "Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the Department of Public Safety.
(b) "Division" means the Division of Substance Abuse and Mental Health.
(c) "Intervention" means an effort to prevent a person from attempting suicide.
(d) "Postvention" means mental health intervention after a suicide attempt or death to
prevent or contain contagion.
(e) "State suicide prevention coordinator" means an individual designated by the
division as described in Subsections (2) and (3).
(2) The division shall appoint a state suicide prevention coordinator to administer a
state suicide prevention program composed of suicide prevention, intervention, and postvention
programs, services, and efforts.
(3) The state suicide prevention program may include the following components:
(a) delivery of resources, tools, and training to community-based coalitions;
(b) evidence-based suicide risk assessment tools and training;
(c) town hall meetings for building community-based suicide prevention strategies;
(d) suicide prevention gatekeeper training;
(e) training to identify warning signs and to manage an at-risk individual's crisis;
(f) evidence-based intervention training;
(g) intervention skills training; and
(h) postvention training.
(4) The state suicide prevention coordinator shall coordinate with at least the
following:
(a) local mental health and substance abuse authorities;
(b) the State Board of Education, including the [
State Office of Education
] 
public
education
 suicide prevention coordinator described in Section 
53A-15-1301
;
(c) the Department of Health;
(d) health care providers, including emergency rooms; and
(e) other public health suicide prevention efforts.
(5) The state suicide prevention coordinator shall provide a written report, and shall
orally report to the Health and Human Services Interim Committee, by the October meeting
every year, on:
(a) implementation of the state suicide prevention program, as described in Subsections
(2) and (3);
(b) data measuring the effectiveness of each component of the state suicide prevention
program;
(c) funds appropriated for each component of the state suicide prevention program; and
(d) five-year trends of suicides in Utah, including subgroups of youths and adults and
other subgroups identified by the state suicide prevention coordinator.
(6) The state suicide prevention coordinator shall report to the Legislature's Education
Interim Committee, by the October 2015 meeting, jointly with the State Board of Education, on
the coordination of suicide prevention programs and efforts with the State Board of Education
and the [
State Office of Education
] 
public education
 suicide prevention coordinator as
described in Section 
53A-15-1301
.
(7) The state suicide prevention coordinator shall consult with the bureau to implement
and manage the operation of a firearm safety program, as described in Subsection
53-10-202
(18) and Section 
53-10-202.1
.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules governing the implementation of the state suicide prevention
program, consistent with this section.
Section 49. Section 
63A-9-101
 is amended to read:
63A-9-101.
Definitions.
(1) (a) "Agency" means each department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
unit, bureau, panel, or other administrative unit of the state.
(b) "Agency" includes the State Board of Education[
, the Office of Education
], each
Applied Technology Center, the Board of Regents, the institutional councils of each higher
education institution, and each higher education institution.
(c) "Agency" includes the legislative and judicial branches.
(2) "Committee" means the Motor Vehicle Review Committee created by this chapter.
(3) "Director" means the director of the division.
(4) "Division" means the Division of Fleet Operations created by this chapter.
(5) "Executive director" means the executive director of the Department of
Administrative Services.
(6) "Local agency" means:
(a) a county;
(b) a municipality;
(c) a school district;
(d) a local district;
(e) a special service district;
(f) an interlocal entity as defined under Section 
11-13-103
; or
(g) any other political subdivision of the state, including a local commission, board, or
other governmental entity that is vested with the authority to make decisions regarding the
public's business.
(7) (a) "Motor vehicle" means a self-propelled vehicle capable of carrying passengers.
(b) "Motor vehicle" includes vehicles used for construction and other nontransportation
purposes.
(8) "State vehicle" means each motor vehicle owned, operated, or in the possession of
an agency.
Section 50. Section 
63B-3-301
 is amended to read:
63B-3-301.
Legislative intent -- Additional projects.
(1) It is the intent of the Legislature that, for any lease purchase agreement that the
Legislature may authorize the Division of Facilities Construction and Management to enter into
during its 1994 Annual General Session, the State Building Ownership Authority, at the
reasonable rates and amounts it may determine, and with technical assistance from the state
treasurer, the director of the Division of Finance, and the executive director of the Governor's
Office of Management and Budget, may seek out the most cost effective and prudent lease
purchase plans available to the state and may, pursuant to Title 63B, Chapter 1, Part 3, State
Building Ownership Authority Act, certificate out interests in, or obligations of the authority
pertaining to:
(a) the lease purchase obligation; or
(b) lease rental payments under the lease purchase obligation.
(2) It is the intent of the Legislature that the Department of Transportation dispose of
surplus real properties and use the proceeds from those properties to acquire or construct
through the Division of Facilities Construction and Management a new District Two Complex.
(3) It is the intent of the Legislature that the State Building Board allocate funds from
the Capital Improvement appropriation and donations to cover costs associated with the
upgrade of the Governor's Residence that go beyond the restoration costs which can be covered
by insurance proceeds.
(4) (a) It is the intent of the Legislature to authorize the State Building Ownership
Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
which participation interests may be created, to provide up to $10,600,000 for the construction
of a Natural Resources Building in Salt Lake City, together with additional amounts necessary
to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(c) It is the intent of the Legislature that the operating budget for the Department of
Natural Resources not be increased to fund these lease payments.
(5) (a) It is the intent of the Legislature to authorize the State Building Ownership
Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
which participation interests may be created, to provide up to $8,300,000 for the acquisition of
the office buildings currently occupied by the Department of Environmental Quality and
approximately 19 acres of additional vacant land at the Airport East Business Park in Salt Lake
City, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(6) (a) It is the intent of the Legislature to authorize the State Building Ownership
Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
which participation interests may be created, to provide up to $9,000,000 for the acquisition or
construction of up to two field offices for the Department of Human Services in the
southwestern portion of Salt Lake County, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(7) (a) It is the intent of the Legislature to authorize the State Building Ownership
Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
Act, to issue or execute obligations or enter into or arrange for lease purchase agreements in
which participation interests may be created, to provide up to $5,000,000 for the acquisition or
construction of up to 13 stores for the Department of Alcoholic Beverage Control, together
with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(c) It is the intent of the Legislature that the operating budget for the Department of
Alcoholic Beverage Control not be increased to fund these lease payments.
(8) (a) It is the intent of the Legislature to authorize the State Building Ownership
Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
which participation interests may be created, to provide up to $6,800,000 for the construction
of a Prerelease and Parole Center for the Department of Corrections, containing a minimum of
300 beds, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(9) If S.B. 275, 1994 General Session, which authorizes funding for a Courts Complex
in Salt Lake City, becomes law, it is the intent of the Legislature that:
(a) the Legislative Management Committee, the Interim Appropriation Subcommittees
for General Government and Capital Facilities and Executive Offices, Courts, and Corrections,
the Office of the Legislative Fiscal Analyst, the Governor's Office of Management and Budget,
and the State Building Board participate in a review of the proposed facility design for the
Courts Complex no later than December 1994; and
(b) although this review will not affect the funding authorization issued by the 1994
Legislature, it is expected that Division of Facilities Construction and Management will give
proper attention to concerns raised in these reviews and make appropriate design changes
pursuant to the review.
(10) It is the intent of the Legislature that:
(a) the Division of Facilities Construction and Management, in cooperation with the
Division of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services,
develop a flexible use prototype facility for the Division of Youth Corrections renamed in 2003
to the Division of Juvenile Justice Services;
(b) the development process use existing prototype proposals unless it can be
quantifiably demonstrated that the proposals cannot be used;
(c) the facility is designed so that with minor modifications, it can accommodate
detention, observation and assessment, transition, and secure programs as needed at specific
geographical locations;
(d) (i) funding as provided in the fiscal year 1995 bond authorization for the Division
of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services is used to
design and construct one facility and design the other;
(ii) the Division of Youth Corrections renamed in 2003 to the Division of Juvenile
Justice Services shall:
(A) determine the location for the facility for which design and construction are fully
funded; and
(B) in conjunction with the Division of Facilities Construction and Management,
determine the best methodology for design and construction of the fully funded facility;
(e) the Division of Facilities Construction and Management submit the prototype as
soon as possible to the Infrastructure and General Government Appropriations Subcommittee
and Executive Offices, Criminal Justice, and Legislature Appropriation Subcommittee for
review;
(f) the Division of Facilities Construction and Management issue a Request for
Proposal for one of the facilities, with that facility designed and constructed entirely by the
winning firm;
(g) the other facility be designed and constructed under the existing Division of
Facilities Construction and Management process;
(h) that both facilities follow the program needs and specifications as identified by
Division of Facilities Construction and Management and the Division of Youth Corrections
renamed in 2003 to the Division of Juvenile Justice Services in the prototype; and
(i) the fully funded facility should be ready for occupancy by September 1, 1995.
(11) It is the intent of the Legislature that the fiscal year 1995 funding for the State Fair
Park Master Study be used by the Division of Facilities Construction and Management to
develop a master plan for the State Fair Park that:
(a) identifies capital facilities needs, capital improvement needs, building
configuration, and other long term needs and uses of the State Fair Park and its buildings; and
(b) establishes priorities for development, estimated costs, and projected timetables.
(12) It is the intent of the Legislature that:
(a) the Division of Facilities Construction and Management, in cooperation with the
Division of Parks and Recreation and surrounding counties, develop a master plan and general
program for the phased development of Antelope Island;
(b) the master plan:
(i) establish priorities for development;
(ii) include estimated costs and projected time tables; and
(iii) include recommendations for funding methods and the allocation of
responsibilities between the parties; and
(c) the results of the effort be reported to the Natural Resources, Agriculture, and
Environmental Quality Appropriations Subcommittee and Infrastructure and General
Government Appropriations Subcommittee.
(13) It is the intent of the Legislature to authorize the University of Utah to use:
(a) bond reserves to plan, design, and construct the Kingsbury Hall renovation under
the supervision of the director of the Division of Facilities Construction and Management
unless supervisory authority is delegated by the director; and
(b) donated and other nonappropriated funds to plan, design, and construct the Biology
Research Building under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by the director.
(14) It is the intent of the Legislature to authorize Utah State University to use:
(a) federal and other funds to plan, design, and construct the Bee Lab under the
supervision of the director of the Division of Facilities Construction and Management unless
supervisory authority is delegated by the director;
(b) donated and other nonappropriated funds to plan, design, and construct an Athletic
Facility addition and renovation under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director;
(c) donated and other nonappropriated funds to plan, design, and construct a renovation
to the Nutrition and Food Science Building under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director; and
(d) federal and private funds to plan, design, and construct the Millville Research
Facility under the supervision of the director of the Division of Facilities Construction and
Management unless supervisory authority is delegated by the director.
(15) It is the intent of the Legislature to authorize Salt Lake Community College to use:
(a) institutional funds to plan, design, and construct a remodel to the Auto Trades
Office and Learning Center under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by the director;
(b) institutional funds to plan, design, and construct the relocation and expansion of a
temporary maintenance compound under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director; and
(c) institutional funds to plan, design, and construct the Alder Amphitheater under the
supervision of the director of the Division of Facilities Construction and Management unless
supervisory authority is delegated by the director.
(16) It is the intent of the Legislature to authorize Southern Utah University to use:
(a) federal funds to plan, design, and construct a Community Services Building under
the supervision of the director of the Division of Facilities Construction and Management
unless supervisory authority is delegated by the director; and
(b) donated and other nonappropriated funds to plan, design, and construct a stadium
expansion under the supervision of the director of the Division of Facilities Construction and
Management unless supervisory authority is delegated by the director.
(17) It is the intent of the Legislature to authorize the Department of Corrections to use
donated funds to plan, design, and construct a Prison Chapel at the Central Utah Correctional
Facility in Gunnison under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by the director.
(18) If the Utah National Guard does not relocate in the Signetics Building, it is the
intent of the Legislature to authorize the Guard to use federal funds and funds from Provo City
to plan and design an Armory in Provo, Utah, under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(19) It is the intent of the Legislature that the Utah Department of Transportation use
$250,000 of the fiscal year 1995 highway appropriation to fund an environmental study in
Ogden, Utah of the 2600 North Corridor between Washington Boulevard and I-15.
(20) It is the intent of the Legislature that the Ogden-Weber Applied Technology
Center use the money appropriated for fiscal year 1995 to design the Metal Trades Building
and purchase equipment for use in that building that could be used in metal trades or other
programs in other Applied Technology Centers.
(21) It is the intent of the Legislature that the Bridgerland Applied Technology Center
and the Ogden-Weber Applied Technology Center projects as designed in fiscal year 1995 be
considered as the highest priority projects for construction funding in fiscal year 1996.
(22) It is the intent of the Legislature that:
(a) the Division of Facilities Construction and Management complete physical space
utilization standards by June 30, 1995, for the use of technology education activities;
(b) these standards are to be developed with and approved by the State [
Office
] 
Board
of Education, the Board of Regents, and the Utah State Building Board;
(c) these physical standards be used as the basis for:
(i) determining utilization of any technology space based on number of stations capable
and occupied for any given hour of operation; and
(ii) requests for any new space or remodeling;
(d) the fiscal year 1995 projects at the Bridgerland Applied Technology Center and the
Ogden-Weber Applied Technology Center are exempt from this process; and
(e) the design of the Davis Applied Technology Center take into account the utilization
formulas established by the Division of Facilities Construction and Management.
(23) It is the intent of the Legislature that Utah Valley State College may use the
money from the bond allocated to the remodel of the Signetics building to relocate its technical
education programs at other designated sites or facilities under the supervision of the director
of the Division of Facilities Construction and Management unless supervisory authority is
delegated by the director.
(24) It is the intent of the Legislature that the money provided for the fiscal year 1995
project for the Bridgerland Applied Technology Center be used to design and construct the
space associated with Utah State University and design the technology center portion of the
project.
(25) It is the intent of the Legislature that the governor provide periodic reports on the
expenditure of the funds provided for electronic technology, equipment, and hardware to the
Public Utilities and Technology Interim Committee, the Infrastructure and General
Government Appropriations Subcommittee, and the Legislative Management Committee.
Section 51. Section 
63B-4-201
 is amended to read:
63B-4-201.
Legislative intent statements -- Capital facilities.
(1) (a) It is the intent of the Legislature that the University of Utah use institutional and
other funds to plan, design, and construct two campus child care centers under the supervision
of the director of the Division of Facilities Construction and Management unless supervisory
authority is delegated by the director.
(b) The university shall work with Salt Lake City and the surrounding neighborhood to
ensure site compatibility for future recreational development by the city.
(2) It is the intent of the Legislature that the University of Utah use institutional funds
to plan, design, and construct:
(a) the Union Parking structure under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director;
(b) the stadium renovation under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director;
(c) the Huntsman Cancer Institute under the supervision of the director of the Division
of Facilities Construction and Management unless supervisory authority is delegated by the
director;
(d) the Business Case Method Building under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director; and
(e) the Fine Arts Museum expansion under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(3) It is the intent of the Legislature that Utah State University use institutional funds to
plan, design, and construct:
(a) a student health services facility under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director;
(b) a women's softball field under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director;
(c) an addition to the Nutrition and Food Services Building under the supervision of
the director of the Division of Facilities Construction and Management unless supervisory
authority is delegated by the director; and
(d) a Human Resource Research Center under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(4) It is the intent of the Legislature that Weber State University use institutional funds
to plan, design, and construct:
(a) a track renovation under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by the director; and
(b) the Dee Events Center offices under the supervision of the director of the Division
of Facilities Construction and Management unless supervisory authority is delegated by the
director.
(5) It is the intent of the Legislature that Southern Utah University use:
(a) institutional funds to plan, design, and construct an institutional residence under the
supervision of the director of the Division of Facilities Construction and Management unless
supervisory authority is delegated by the director; and
(b) project revenues and other funds to plan, design, and construct the Shakespearean
Festival support facilities under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by the director.
(6) It is the intent of the Legislature that Dixie College use institutional funds to plan,
design, and construct an institutional residence under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(7) It is the intent of the Legislature that the Division of Forestry, Fire, and State Lands
use federal and other funds to plan, design, and construct a wetlands enhancement facility
under the supervision of the director of the Division of Facilities Construction and
Management unless supervisory authority is delegated by the director.
(8) (a) As provided in Subsection 
63A-5-209
(2), the funds appropriated to the Project
Reserve Fund may only be used for the award of contracts in excess of the construction budget
if these funds are required to meet the intent of the project.
(b) It is the intent of the Legislature that:
(i) up to $2,000,000 of the amount may be used to award the construction contract for
the Ogden Court Building; and
(ii) the need for any funds remaining as of December 31, 1995 be reviewed by the 1996
Legislature.
(9) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
or execute obligations or enter into or arrange for a lease purchase agreement in which
participation interests may be created to provide up to $539,700 for the purchase and
demolition of the Keyston property and construction of parking facilities adjacent to the State
[
Office
] 
Board
 of Education building in Salt Lake City, with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(10) (a) It is the intent of the Legislature that the money appropriated for Phase One of
the Remodeling/Life Safety Upgrades of the Browning Fine Arts Center at Weber State
University is to include design of full code compliance, life safety, space necessary to maintain
required programs, and seismic upgrades.
(b) The design shall identify the full scope and cost of Phase Two of the remodeling for
funding consideration in the fiscal year 1997 budget cycle.
(11) It is the intent of the Legislature that:
(a) the fiscal year 1996 appropriation for the Davis County Higher Education land
purchase includes up to $250,000 for planning purposes;
(b) the Division of Facilities Construction and Management, the Board of Regents, and
the assigned institution of higher education work jointly to ensure the following elements are
part of the planning process:
(i) projections of student enrollment and programmatic needs for the next 10 years;
(ii) review and make recommendations for better use of existing space, current
technologies, public/private partnerships, and other alternatives as a means to reduce the need
for new facilities and still accommodate the projected student needs; and
(iii) use of a master plan that includes issues of utilities, access, traffic circulation,
drainage, rights of way, future developments, and other infrastructure items considered
appropriate; and
(c) every effort is used to minimize expenditures for this part until a definitive decision
has been made by BRACC relative to Hill Air Force Base.
(12) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
or execute obligations or enter into or arrange for a lease purchase agreement in which
participation interests may be created, to provide up to $7,400,000 for the acquisition and
improvement of the Human Services Building located at 120 North 200 West, Salt Lake City,
Utah, with associated parking for the Department of Human Services together with additional
amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(13) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
or execute obligations or enter into or arrange for a lease purchase agreement in which
participation interests may be created to provide up to $63,218,600 for the construction of a
Salt Lake Courts Complex together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(c) It is the intent of the Legislature that the Division of Facilities Construction and
Management lease land to the State Building Ownership Authority for the construction of a
Salt Lake Courts Complex.
(14) It is the intent of the Legislature that:
(a) the Board of Regents use the higher education design project money to design no
more than two higher education projects from among the following projects:
(i) Utah State University Eastern - Student Center;
(ii) Snow College - Noyes Building;
(iii) University of Utah - Gardner Hall;
(iv) Utah State University - Widtsoe Hall; or
(v) Southern Utah University - Physical Education Building; and
(b) the higher education institutions that receive approval from the Board of Regents to
design projects under this chapter design those projects under the supervision of the director of
the Division of Facilities Construction and Management unless supervisory authority is
delegated by the director.
(15) It is the intent of the Legislature that:
(a) the Board of Regents may authorize the University of Utah to use institutional
funds and donated funds to design Gardner Hall; and
(b) if authorized by the Board of Regents, the University of Utah may use institutional
funds and donated funds to design Gardner Hall under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(16) It is the intent of the Legislature that the Division of Facilities Construction and
Management use up to $250,000 of the capital improvement money to fund the site
improvements required at the San Juan campus of the Utah State University Eastern.
Section 52. Section 
63B-5-201
 is amended to read:
63B-5-201.
Legislative intent statements.
(1) If the United States Department of Defense has not provided matching funds to
construct the National Guard Armory in Orem by December 31, 1997, the Division of Facilities
Construction and Management shall transfer any funds received from issuance of a General
Obligation Bond for benefit of the Orem Armory to the Provo Armory for capital
improvements.
(2) It is the intent of the Legislature that the University of Utah use institutional funds
to plan, design, and construct:
(a) the Health Science East parking structure under the supervision of the director of
the Division of Facilities Construction and Management unless supervisory authority is
delegated by the director;
(b) the Health Science Office Building under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director; and
(c) the new Student Housing/Olympic Athletes Village under the supervision of the
director of the Division of Facilities Construction and Management unless supervisory
authority is delegated by the director.
(3) It is the intent of the Legislature that Utah State University use institutional funds to
plan, design, and construct a multipurpose facility under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(4) It is the intent of the Legislature that the Utah Geologic Survey use agency internal
funding to plan, design, and construct a sample library facility under the supervision of the
director of the Division of Facilities Construction and Management unless supervisory
authority is delegated by the director.
(5) (a) If legislation introduced in the 1996 General Session to fund the Wasatch State
Park Club House does not pass, the State Building Ownership Authority, under authority of
Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, may issue or execute
obligations, or enter into or arrange for a lease purchase agreement in which participation
interests may be created, to provide up to $1,500,000 for the remodel and expansion of the
clubhouse at Wasatch Mountain State Park for the Division of Parks and Recreation, together
with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the
Division of Parks and Recreation to seek out the most cost effective and prudent lease purchase
plan available.
(6) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease purchase agreement in which participation interests may be created,
to provide up to $835,300 for the construction of a liquor store in the Snyderville area, together
with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the
Department of Alcoholic Beverage Control to seek out the most cost effective and prudent
lease purchase plan available.
(7) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease purchase agreement in which participation interests may be created,
to provide up to $15,000,000 for the construction of the Huntsman Cancer Institute, together
with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the
University of Utah to seek out the most cost effective and prudent lease purchase plan
available.
(c) It is the intent of the Legislature that the University of Utah lease land to the State
Building Ownership Authority for the construction of the Huntsman Cancer Institute facility.
(8) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease purchase agreement in which participation interests may be created,
to provide up to $857,600 for the construction of an addition to the Human Services facility in
Vernal, Utah together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the
Department of Human Services to seek out the most cost effective and prudent lease purchase
plan available.
(9) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease purchase agreement in which participation interests may be created,
to provide up to $3,470,200 for the construction of the Student Services Center, at Utah State
University Eastern, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with Utah State
University Eastern to seek out the most cost effective and prudent lease purchase plan
available.
(10) (a) Notwithstanding anything to the contrary in Title 53B, Chapter 21, Revenue
Bonds, which prohibits the issuance of revenue bonds payable from legislative appropriations,
the State Board of Regents, on behalf of Dixie College, may issue, sell, and deliver revenue
bonds or other evidences of indebtedness of Dixie College to borrow money on the credit of
the income and revenues, including legislative appropriations, of Dixie College, to finance the
acquisition of the Dixie Center.
(b) (i) The bonds or other evidences of indebtedness authorized by this section shall be
issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions
and in amounts that the board, by resolution, determines are reasonable and necessary and may
not exceed $6,000,000 together with additional amounts necessary to:
(A) pay cost of issuance;
(B) pay capitalized interest; and
(C) fund any debt service reserve requirements.
(ii) To the extent that future legislative appropriations will be required to provide for
payment of debt service in full, the board shall ensure that the revenue bonds are issued
containing a clause that provides for payment from future legislative appropriations that are
legally available for that purpose.
(11) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease purchase agreement in which participation interests may be created,
to provide up to $10,479,000 for the construction of a facility for the Courts - Davis County
Regional Expansion, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the Office
of the Court Administrator to seek out the most cost effective and prudent lease purchase plan
available. 
(12) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease purchase agreement in which participation interests may be created,
to provide up to $4,200,000 for the purchase and remodel of the Washington County
Courthouse, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the Office
of the Court Administrator to seek out the most cost effective and prudent lease purchase plan
available. 
(13) (a) The State Building Ownership Authority, under authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease purchase agreement in which participation interests may be created,
to provide up to $14,299,700 for the construction of a facility for the State Library and the
Division of Services for the Blind and Visually Impaired, together with additional amounts
necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the [
Office
]
State Board
 of Education and the Governor's Office of Economic Development to seek out the
most cost effective and prudent lease purchase plan available.
Section 53. Section 
63F-2-102
 is amended to read:
63F-2-102.
Data Security Management Council -- Membership -- Duties.
(1) There is created the Data Security Management Council composed of nine
members as follows:
(a) the chief information officer appointed under Section 
63F-1-201
, or the chief
information officer's designee;
(b) one individual appointed by the governor;
(c) one individual appointed by the speaker of the House of Representatives and the
president of the Senate from the Legislative Information Technology Steering Committee; and
(d) the highest ranking information technology official, or the highest ranking
information technology official's designee, from each of:
(i) the Judicial Council;
(ii) the State Board of Regents;
(iii) the State [
Office
] 
Board
 of Education;
(iv) the Utah College of Applied Technology;
(v) the State Tax Commission; and
(vi) the Office of the Attorney General.
(2) The council shall elect a chair of the council by majority vote.
(3) (a) A majority of the members of the council constitutes a quorum.
(b) Action by a majority of a quorum of the council constitutes an action of the council.
(4) The Department of Technology Services shall provide staff to the council.
(5) The council shall meet monthly, or as often as necessary, to:
(a) review existing state government data security policies;
(b) assess ongoing risks to state government information technology;
(c) create a method to notify state and local government entities of new risks;
(d) coordinate data breach simulation exercises with state and local government
entities; and
(e) develop data security best practice recommendations for state government that
include recommendations regarding:
(i) hiring and training a chief information security officer for each government entity;
(ii) continuous risk monitoring;
(iii) password management;
(iv) using the latest technology to identify and respond to vulnerabilities;
(v) protecting data in new and old systems; and
(vi) best procurement practices.
(6) A member who is not a member of the Legislature may not receive compensation
or benefits for the member's service but may receive per diem and travel expenses as provided
in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
Section 54. Section 
63G-6a-202
 is amended to read:
63G-6a-202.
Creation of Utah State Procurement Policy Board.
(1) There is created the Utah State Procurement Policy Board.
(2) The board consists of up to 15 members as follows:
(a) two representatives of state institutions of higher education, appointed by the board
of regents;
(b) a representative of the Department of Human Services, appointed by the executive
director of that department;
(c) a representative of the Department of Transportation, appointed by the executive
director of that department;
(d) two representatives of school districts, appointed by the State [
Office
] 
Board
 of
Education;
(e) a representative of the Division of Facilities Construction and Management,
appointed by the director of that division;
(f) one representative of a county, appointed by the Utah Association of Counties;
(g) one representative of a city or town, appointed by the Utah League of Cities and
Towns;
(h) two representatives of local districts or special service districts, appointed by the
Utah Association of Special Districts;
(i) the executive director of the Department of Technology Services or the executive
director's designee;
(j) the chief procurement officer or the chief procurement officer's designee; and
(k) two representatives of state agencies, other than a state agency already represented
on the board, appointed by the executive director of the Department of Administrative
Services, with the approval of the executive director of the state agency that employs the
employee.
(3) Members of the board shall be knowledgeable and experienced in, and have
supervisory responsibility for, procurement in their official positions.
(4) A board member may serve as long as the member meets the description in
Subsection (2) unless removed by the person or entity with the authority to appoint the board
member.
(5) (a) The board shall:
(i) adopt rules of procedure for conducting its business; and
(ii) elect a chair to serve for one year.
(b) The chair of the board shall be selected by a majority of the members of the board
and may be elected to succeeding terms.
(c) The chief procurement officer shall designate an employee of the division to serve
as the nonvoting secretary to the policy board.
(6) A member of the board may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 55. Section 
63G-10-102
 is amended to read:
63G-10-102.
Definitions.
As used in this chapter:
(1) (a) "Action settlement agreement" includes a stipulation, consent decree, settlement
agreement, or any other legally binding document or representation that resolves a threatened
or pending lawsuit between the state and another party by requiring the state to take legally
binding action.
(b) "Action settlement agreement" includes stipulations, consent decrees, settlement
agreements, and other legally binding documents or representations resolving a dispute
between the state and another party when the state is required to pay money and required to
take legally binding action.
(c) "Action settlement agreement" does not include:
(i) the internal process established by the Department of Transportation to resolve
construction contract claims;
(ii) any resolution of an employment dispute or claim made by an employee of the state
of Utah against the state as employer;
(iii) adjudicative orders issued by the State Tax Commission, the Public Service
Commission, the Labor Commission, or the Department of Workforce Services; or
(iv) the settlement of disputes arising from audits, defaults, or breaches of permits,
contracts of sale, easements, or leases by the School and Institutional Trust Lands
Administration.
(2) (a) "Agency" means each department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
unit, bureau, panel, or other administrative unit of the state.
(b) "Agency" includes the legislative branch, the judicial branch, the attorney general's
office, the State [
Office
] 
Board
 of Education, the Board of Regents, the institutional councils of
each higher education institution, and each higher education institution.
(3) (a) "Financial settlement agreement" includes a stipulation, consent decree,
settlement agreement, and any other legally binding document or representation that resolves a
dispute between the state and another party exclusively by requiring the payment of money
from one party to the other.
(b) "Financial settlement agreement" does not include:
(i) agreements made under the internal process established by the Department of
Transportation to resolve construction contract claims;
(ii) adjudicative orders issued by the State Tax Commission, Public Service
Commission, Labor Commission, or the Department of Workforce Services;
(iii) the settlement of disputes arising from audits, defaults, or breaches of permits,
contracts of sale, easements, or leases by the School and Institutional Trust Lands
Administration; or
(iv) agreements made under the internal processes established by the Division of
Facilities Construction and Management or by law to resolve construction contract claims
made against the state by contractors or subcontractors.
(4) "Government entities" means the state and its political subdivisions.
Section 56. Section 
63G-12-209
 is amended to read:
63G-12-209.
Proficiency standards for English.
(1) A permit holder shall in good faith use best efforts to become proficient in the
English language at or above the equivalent to an intermediate level on a language proficiency
assessment test used by the State [
Office
] 
Board
 of Education for purposes of secondary school
students.
(2) An undocumented individual shall pay the costs of complying with this section.
Section 57. Section 
63I-5-102
 is amended to read:
63I-5-102.
Definitions.
As used in this chapter:
(1) "Agency governing board" is any board or commission that has policy making and
oversight responsibility over the agency, including the authority to appoint and remove the
agency director.
(2) "Agency head" means a cabinet officer, an elected official, an executive director, or
a board or commission vested with responsibility to administer or make policy for a state
agency.
(3) "Agency internal audit director" or "audit director" means the person who:
(a) directs the internal audit program for the state agency; and
(b) is appointed by the audit committee or, if no audit committee has been established,
by the agency head.
(4) "Appointing authority" means:
(a) the governor, for state agencies other than the State Tax Commission;
(b) the Judicial Council, for judicial branch agencies;
(c) the Board of Regents, for higher education entities;
(d) the State Board of Education, for [
the State Office
] 
entities administered by the
State Board
 of Education; [
and
] 
or
(e) the four tax commissioners, for the State Tax Commission.
(5) "Audit committee" means a standing committee composed of members who:
(a) are appointed by an appointing authority;
(b) (i) do not have administrative responsibilities within the agency; and
(ii) are not an agency contractor or other service provider; and
(c) have the expertise to provide effective oversight of and advice about internal audit
activities and services.
(6) "Audit plan" means a prioritized list of audits to be performed by an internal audit
program within a specified period of time.
(7) "Higher education entity" means the Board of Regents, the institutional councils of
each higher education institution, [
and
] 
or
 each higher education institution.
(8) "Internal audit" means an independent appraisal activity established within a state
agency as a control system to examine and evaluate the adequacy and effectiveness of other
internal control systems within the agency.
(9) "Internal audit program" means an audit function that:
(a) is conducted by an agency, division, bureau, or office, independent of the agency,
division, bureau, or office operations;
(b) objectively evaluates the effectiveness of agency, division, bureau, or office
governance, risk management, internal controls, and the efficiency of operations; and
(c) is conducted in accordance with the current:
(i) International Standards for the Professional Practice of Internal Auditing; or
(ii) The Government Auditing Standards, issued by the Comptroller General of the
United States.
(10) "Judicial branch agency" means each administrative entity of the judicial branch.
(11) (a) "State agency" means:
(i) each department, commission, board, council, agency, institution, officer,
corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel,
or other administrative unit of the state; [
and
] 
or
(ii) each state public education entity.
(b) "State agency" does not mean:
(i) a legislative branch agency;
(ii) an independent state agency as defined in Section 
63E-1-102
;
(iii) a county, municipality, school district, local district, or special service district; or
(iv) any administrative subdivision of a county, municipality, school district, local
district, or special service district.
Section 58. Section 
63I-5-201
 is amended to read:
63I-5-201.
Internal auditing programs -- State agencies.
(1) (a) The departments of Administrative Services, Agriculture, Commerce, Heritage
and Arts, Corrections, Workforce Services, Environmental Quality, Health, Human Services,
Natural Resources, Public Safety, and Transportation, and the State Tax Commission shall
conduct various types of auditing procedures as determined by the agency head or governor.
(b) The governor may, by executive order, require a state agency not described in
Subsection (1)(a) to establish an internal audit program.
(c) The governor shall ensure that each state agency that reports to the governor has
adequate internal audit coverage.
(2) (a) The Office of the Court Administrator shall establish an internal audit program
under the direction of the Judicial Council, including auditing procedures for courts not of
record.
(b) The Judicial Council may, by rule, require other judicial agencies to establish an
internal audit program.
(3) (a) Dixie State University, the University of Utah, Utah State University, Salt Lake
Community College, Southern Utah University, Utah Valley University, Weber State
University, and Snow College shall establish an internal audit program under the direction of
the Board of Regents.
(b) The State Board of Regents may issue policies requiring other higher education
entities or programs to establish an internal audit program.
(4) The State [
Office
] 
Board
 of Education shall establish [
under the direction of the
State Board of Education
] an internal audit program that provides internal audit services for
each program administered by the State [
Office
] 
Board
 of Education.
(5) Subject to Section 
32B-2-302.5
, the internal audit division of the Department of
Alcoholic Beverage Control shall establish an internal audit program under the direction of the
Alcoholic Beverage Control Commission.
Section 59. Section 
63J-1-219
 is amended to read:
63J-1-219.
Definitions -- Federal receipts reporting requirements.
(1) As used in this section:
(a) (i) "Designated state agency" means the Department of Administrative Services, the
Department of Agriculture and Food, the Department of Alcoholic Beverage Control, the
Department of Commerce, the Department of Heritage and Arts, the Department of
Corrections, the Department of Environmental Quality, the Department of Financial
Institutions, the Department of Health, the Department of Human Resource Management, the
Department of Human Services, the Department of Insurance, the Department of Natural
Resources, the Department of Public Safety, the Department of Technology Services, the
Department of Transportation, the Department of Veterans' and Military Affairs, the
Department of Workforce Services, the Labor Commission, the Office of Economic
Development, the Public Service Commission, the State Board of Regents, the State [
Office
]
Board
 of Education, the State Tax Commission, or the Utah National Guard.
(ii) "Designated state agency" does not include the judicial branch, the legislative
branch, or an office or other entity within the judicial branch or the legislative branch.
(b) "Federal receipts" means the federal financial assistance, as defined in 31 U.S.C.
Sec. 7501, that is reported as part of a single audit.
(c) "Single audit" is as defined in 31 U.S.C. Sec. 7501.
(2) Subject to Subsections (3) and (4), a designated state agency shall each year, on or
before October 31, prepare a report that:
(a) reports the aggregate value of federal receipts the designated state agency received
for the preceding fiscal year;
(b) reports the aggregate amount of federal funds appropriated by the Legislature to the
designated state agency for the preceding fiscal year;
(c) calculates the percentage of the designated state agency's total budget for the
preceding fiscal year that constitutes federal receipts that the designated state agency received
for that fiscal year; and
(d) develops plans for operating the designated state agency if there is a reduction of:
(i) 5% or more in the federal receipts that the designated state agency receives; and
(ii) 25% or more in the federal receipts that the designated state agency receives.
(3) (a) The report required by Subsection (2) that the Board of Regents prepares shall
include the information required by Subsections (2)(a) through (c) for each state institution of
higher education listed in Section 
53B-2-101
.
(b) The report required by Subsection (2) that the State [
Office
] 
Board
 of Education
prepares shall include the information required by Subsections (2)(a) through (c) for each
school district and each charter school within the public education system.
(4) A designated state agency that prepares a report in accordance with Subsection (2)
shall submit the report to the Division of Finance on or before November 1 of each year.
(5) (a) The Division of Finance shall, on or before November 30 of each year, prepare a
report that:
(i) compiles and summarizes the reports the Division of Finance receives in accordance
with Subsection (4); and
(ii) compares the aggregate value of federal receipts each designated state agency
received for the previous fiscal year to the aggregate amount of federal funds appropriated by
the Legislature to that designated state agency for that fiscal year.
(b) The Division of Finance shall, as part of the report required by Subsection (5)(a),
compile a list of designated state agencies that do not submit a report as required by this
section.
(6) The Division of Finance shall submit the report required by Subsection (5) to the
Executive Appropriations Committee on or before December 1 of each year.
(7) Upon receipt of the report required by Subsection (5), the chairs of the Executive
Appropriations Committee shall place the report on the agenda for review and consideration at
the next Executive Appropriations Committee meeting.
(8) When considering the report required by Subsection (5), the Executive
Appropriations Committee may elect to:
(a) recommend that the Legislature reduce or eliminate appropriations for a designated
state agency;
(b) take no action; or
(c) take another action that a majority of the committee approves.
Section 60. Section 
63M-10-201
 is amended to read:
63M-10-201.
Creation -- Purpose -- Administration -- Access.
(1) There is created the Serious Habitual Offender Comprehensive Action Program
(SHOCAP) to establish a SHOCAP Database to identify and track youthful offenders in order
to assist agencies in providing collaborative and comprehensive services to them.
(2) The database shall be administered by the Administrative Office of the Courts with
information contributed by the following agencies:
(a) the State [
Office
] 
Board
 of Education[
, including
] 
and
 all school districts 
and
charter schools
;
(b) the Department of Health;
(c) the Department of Human Services, including all county mental health agencies;
(d) the Department of Public Safety;
(e) all county and municipal law enforcement agencies; and
(f) all county and district attorney offices.
(3) The database shall be maintained in accordance with guidelines established by the
Administrative Office of the Courts so that the agencies listed in Subsection (2) can efficiently
access the database.
(4) Information provided by schools in compliance with the provisions of this chapter
is authorized under the Family Educational Rights and Privacy Act Regulations, 34 CFR Part
99.
(5) Information in the database provided by an agency to the database is considered to
be the property of the agency providing the information and retains any classification given it
under Title 63G, Chapter 2, Government Records Access and Management Act.
(6) Any person who knowingly releases or discloses information from the database for
a purpose other than authorized by this chapter or to a person who is not entitled to it is guilty
of a class B misdemeanor.
(7) Neither the state nor the courts are liable to any person for gathering, managing, or
using the information in the database as provided in this chapter.
Section 61. Section 
67-19-6.7
 is amended to read:
67-19-6.7.
Overtime policies for state employees.
(1) As used in this section:
(a) "Accrued overtime hours" means:
(i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end
of the fiscal year, have not been paid and have not been taken as time off by the nonexempt
state employee who accrued them; and
(ii) for exempt employees, overtime hours earned during an overtime year.
(b) "Appointed official" means:
(i) each department executive director and deputy director, each division director, and
each member of a board or commission; and
(ii) any other person employed by a department who is appointed by, or whose
appointment is required by law to be approved by, the governor and who:
(A) is paid a salary by the state; and
(B) who exercises managerial, policy-making, or advisory responsibility.
(c) "Department" means the Department of Administrative Services, the Department of
Corrections, the Department of Financial Institutions, the Department of Alcoholic Beverage
Control, the Insurance Department, the Public Service Commission, the Labor Commission,
the Department of Agriculture and Food, the Department of Human Services, the State Board
of Education, the Department of Natural Resources, the Department of Technology Services,
the Department of Transportation, the Department of Commerce, the Department of Workforce
Services, the State Tax Commission, the Department of Heritage and Arts, the Department of
Health, the National Guard, the Department of Environmental Quality, the Department of
Public Safety, the Department of Human Resource Management, the Commission on Criminal
and Juvenile Justice, all merit employees except attorneys in the Office of the Attorney
General, merit employees in the Office of the State Treasurer, merit employees in the Office of
the State Auditor, Department of Veterans' and Military Affairs, and the Board of Pardons and
Parole.
(d) "Elected official" means any person who is an employee of the state because the
person was elected by the registered voters of Utah to a position in state government.
(e) "Exempt employee" means a state employee who is exempt as defined by the Fair
Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(f) "FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(g) "FLSA agreement" means the agreement authorized by the Fair Labor Standards
Act of 1978, 29 U.S.C. Sec. 201 et seq., by which a nonexempt employee elects the form of
compensation the nonexempt employee will receive for overtime.
(h) "Nonexempt employee" means a state employee who is nonexempt as defined by
the Department of Human Resource Management applying FLSA requirements.
(i) "Overtime" means actual time worked in excess of the employee's defined work
period.
(j) "Overtime year" means the year determined by a department under Subsection
(4)(b) at the end of which an exempt employee's accrued overtime lapses.
(k) "State employee" means every person employed by a department who is not:
(i) an appointed official;
(ii) an elected official;
(iii) a member of a board or commission who is paid only for per diem or travel
expenses; or
(iv) employed on a contractual basis [
at
] 
by
 the State [
Office
] 
Board
 of Education.
(l) "Uniform annual date" means the date when an exempt employee's accrued
overtime lapses.
(m) "Work period" means:
(i) for all nonexempt employees, except law enforcement and hospital employees, a
consecutive seven day 24 hour work period of 40 hours;
(ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
(iii) for nonexempt law enforcement and hospital employees, the period established by
each department by rule for those employees according to the requirements of the Fair Labor
Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(2) Each department shall compensate each state employee who works overtime by
complying with the requirements of this section.
(3) (a) Each department shall negotiate and obtain a signed FLSA agreement from each
nonexempt employee.
(b) In the FLSA agreement, the nonexempt employee shall elect either to be
compensated for overtime by:
(i) taking time off work at the rate of one and one-half hour off for each overtime hour
worked; or
(ii) being paid for the overtime worked at the rate of one and one-half times the rate per
hour that the state employee receives for nonovertime work.
(c) Any nonexempt employee who elects to take time off under this Subsection (3)
shall be paid for any overtime worked in excess of the cap established by the Department of
Human Resource Management.
(d) Before working any overtime, each nonexempt employee shall obtain authorization
to work overtime from the employee's immediate supervisor.
(e) Each department shall:
(i) for employees who elect to be compensated with time off for overtime, allow
overtime earned during a fiscal year to be accumulated; and
(ii) for employees who elect to be paid for overtime worked, pay them for overtime
worked in the paycheck for the pay period in which the employee worked the overtime.
(f) If the department pays a nonexempt employee for overtime, the department shall
charge that payment to the department's budget.
(g) At the end of each fiscal year, the Division of Finance shall total all the accrued
overtime hours for nonexempt employees and charge that total against the appropriate fund or
subfund.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall
compensate exempt employees who work overtime by granting them time off at the rate of one
hour off for each hour of overtime worked.
(ii) The executive director of the Department of Human Resource Management may
grant limited exceptions to this requirement, where work circumstances dictate, by authorizing
a department to pay employees for overtime worked at the rate per hour that the employee
receives for nonovertime work, if the department has funds available.
(b) (i) Each department shall:
(A) establish in its written human resource policies a uniform annual date for each
division that is at the end of any pay period; and
(B) communicate the uniform annual date to its employees.
(ii) If any department fails to establish a uniform annual date as required by this
Subsection (4), the executive director of the Department of Human Resource Management, in
conjunction with the director of the Division of Finance, shall establish the date for that
department.
(c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a
benefit, and is not a vested right.
(ii) A court may not construe the overtime for exempt employees authorized by this
Subsection (4) as an entitlement, a benefit, or as a vested right.
(d) At the end of the overtime year, upon transfer to another department at any time,
and upon termination, retirement, or other situations where the employee will not return to
work before the end of the overtime year:
(i) any of an exempt employee's overtime that is more than the maximum established
by the Department of Human Resource Management rule lapses; and
(ii) unless authorized by the executive director of the Department of Human Resource
Management under Subsection (4)(a)(ii), a department may not compensate the exempt
employee for that lapsed overtime by paying the employee for the overtime or by granting the
employee time off for the lapsed overtime.
(e) Before working any overtime, each exempt employee shall obtain authorization to
work overtime from the exempt employee's immediate supervisor.
(f) If the department pays an exempt employee for overtime under authorization from
the executive director of the Department of Human Resource Management, the department
shall charge that payment to the department's budget in the pay period earned.
(5) The Department of Human Resource Management shall:
(a) ensure that the provisions of the FLSA and this section are implemented throughout
state government;
(b) determine, for each state employee, whether that employee is exempt, nonexempt,
law enforcement, or has some other status under the FLSA;
(c) in coordination with modifications to the systems operated by the Division of
Finance, make rules:
(i) establishing procedures for recording overtime worked that comply with FLSA
requirements;
(ii) establishing requirements governing overtime worked while traveling and
procedures for recording that overtime that comply with FLSA requirements;
(iii) establishing requirements governing overtime worked if the employee is "on call"
and procedures for recording that overtime that comply with FLSA requirements;
(iv) establishing requirements governing overtime worked while an employee is being
trained and procedures for recording that overtime that comply with FLSA requirements;
(v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
employee may accrue before a department is required to pay the employee for the overtime
worked;
(vi) subject to the FLSA, establishing the maximum number of overtime hours for an
exempt employee that do not lapse; and
(vii) establishing procedures for adjudicating appeals of any FLSA determinations
made by the Department of Human Resource Management as required by this section;
(d) monitor departments for compliance with the FLSA; and
(e) recommend to the Legislature and the governor any statutory changes necessary
because of federal government action.
(6) In coordination with the procedures for recording overtime worked established in
rule by the Department of Human Resource Management, the Division of Finance shall modify
its payroll and human resource systems to accommodate those procedures.
(a) Notwithstanding the procedures and requirements of Title 63G, Chapter 4,
Administrative Procedures Act, Section 
67-19-31
, and Section 
67-19a-301
, any employee who
is aggrieved by the FLSA designation made by the Department of Human Resource
Management as required by this section may appeal that determination to the executive director
of the Department of Human Resource Management by following the procedures and
requirements established in Department of Human Resource Management rule.
(b) Upon receipt of an appeal under this section, the executive director shall notify the
executive director of the employee's department that the appeal has been filed.
(c) If the employee is aggrieved by the decision of the executive director of the
Department of Human Resource Management, the employee shall appeal that determination to
the Department of Labor, Wage and Hour Division, according to the procedures and
requirements of federal law.
Section 62. Section 
77-40-109
 is amended to read:
77-40-109.
Retention and release of expunged records -- Agencies.
(1) The bureau shall keep, index, and maintain all expunged records of arrests and
convictions.
(2) (a) Employees of the bureau may not divulge any information contained in its index
to any person or agency without a court order unless specifically authorized by statute.
(b) The following organizations may receive information contained in expunged
records upon specific request:
(i) the Board of Pardons and Parole;
(ii) Peace Officer Standards and Training;
(iii) federal authorities, unless prohibited by federal law;
(iv) the Department of Commerce;
(v) the Department of Insurance;
(vi) the State [
Office
] 
Board
 of Education; and
(vii) the Commission on Criminal and Juvenile Justice, for purposes of investigating
applicants for judicial office.
(c) A person or agency authorized by this Subsection (2) to view expunged records
may not reveal or release any information obtained from the expunged records to anyone
outside the court order or specific request, including distribution on a public website.
(3) The bureau may also use the information in its index as provided in Section
53-5-704
.
(4) If, after obtaining an expungement, the petitioner is charged with a felony, the state
may petition the court to open the expunged records upon a showing of good cause.
(5) (a) For judicial sentencing, a court may order any records expunged under this
chapter or Section 
77-27-5.1
 to be opened and admitted into evidence.
(b) The records are confidential and are available for inspection only by the court,
parties, counsel for the parties, and any other person who is authorized by the court to inspect
them.
(c) At the end of the action or proceeding, the court shall order the records expunged
again.
(d) Any person authorized by this Subsection (5) to view expunged records may not
reveal or release any information obtained from the expunged records to anyone outside the
court.
(6) Records released under this chapter are classified as protected under Section
63G-2-305
 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
Records.
Section 63. Section 
78A-6-209
 is amended to read:
78A-6-209.
Court records -- Inspection.
(1) The court and the probation department shall keep records as required by the board
and the presiding judge.
(2) Court records shall be open to inspection by:
(a) the parents or guardian of a child, a minor who is at least 18 years of age, other
parties in the case, the attorneys, and agencies to which custody of a minor has been
transferred;
(b) for information relating to adult offenders alleged to have committed a sexual
offense, a felony or class A misdemeanor drug offense, or an offense against the person under
Title 76, Chapter 5, Offenses Against the Person, the State [
Office
] 
Board
 of Education for the
purpose of evaluating whether an individual should be permitted to obtain or retain a license as
an educator or serve as an employee or volunteer in a school, with the understanding that the
[
office
] 
State Board of Education
 must provide the individual with an opportunity to respond to
any information gathered from its inspection of the records before it makes a decision
concerning licensure or employment;
(c) the Criminal Investigations and Technical Services Division, established in Section
53-10-103
, for the purpose of a criminal history background check for the purchase of a firearm
and establishing good character for issuance of a concealed firearm permit as provided in
Section 
53-5-704
;
(d) the Division of Child and Family Services for the purpose of Child Protective
Services Investigations in accordance with Sections 
62A-4a-403
 and 
62A-4a-409
 and
administrative hearings in accordance with Section 
62A-4a-1009
;
(e) the Office of Licensing for the purpose of conducting a background check of an
applicant for an initial license or a license renewal in accordance with Section 
62A-2-120
;
(f) for information related to a juvenile offender who has committed a sexual offense, a
felony, or an offense that if committed by an adult would be a misdemeanor, the Department of
Health for the purpose of evaluating under the provisions of Subsection 
26-39-404
(3) whether
a licensee should be permitted to obtain or retain a license to provide child care, with the
understanding that the department must provide the individual who committed the offense with
an opportunity to respond to any information gathered from its inspection of records before it
makes a decision concerning licensure;
(g) for information related to a juvenile offender who has committed a sexual offense,
a felony, or an offense that if committed by an adult would be a misdemeanor, the Department
of Health to determine whether an individual meets the background screening requirements of
Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that
the department must provide the individual who committed the offense an opportunity to
respond to any information gathered from its inspection of records before it makes a decision
under that part; and
(h) for information related to a juvenile offender who has committed a sexual offense,
a felony, or an offense that if committed by an adult would be a misdemeanor, the Department
of Health to determine whether to grant, deny, or revoke background clearance under Section
26-8a-310
 for an individual who is seeking or who has obtained emergency medical service
personnel certification under Section 
26-8a-302
, with the understanding that the department
must provide the individual who committed the offense an opportunity to respond to any
information gathered from the department's inspection of records before it makes a
determination.
(3) With the consent of the judge, court records may be inspected by the child, by
persons having a legitimate interest in the proceedings, and by persons conducting pertinent
research studies.
(4) If a petition is filed charging a minor 14 years of age or older with an offense that
would be a felony if committed by an adult, the court shall make available to any person upon
request the petition, any adjudication or disposition orders, and the delinquency history
summary of the minor charged unless the records are closed by the court upon findings on the
record for good cause.
(5) Probation officers' records and reports of social and clinical studies are not open to
inspection, except by consent of the court, given under rules adopted by the board.
(6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
history summary of any person charged as an adult with a felony offense shall be made
available to any person upon request.
(b) This provision does not apply to records that have been destroyed or expunged in
accordance with court rules.
(c) The court may charge a reasonable fee to cover the costs associated with retrieving
a requested record that has been archived.