Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 147 (2016GS)

Sponsor

Sen. Okerlund, R.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies parts of the Utah Code to make technical corrections, including eliminating references to repealed provisions, making minor wording changes, updating cross-references, correcting numbering, and fixing errors that were created from the previous year's session.

Every vote on this bill

Bill text

REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ralph Okerlund
House Sponsor: 
 James A. Dunnigan
LONG TITLE
General Description:
This bill modifies parts of the Utah Code to make technical corrections, including
eliminating references to repealed provisions, making minor wording changes, updating
cross-references, and correcting numbering.
Highlighted Provisions:
This bill:
▸ modifies parts of the Utah Code to make technical corrections, including
eliminating references to repealed provisions, making minor wording changes,
updating cross-references, correcting numbering, and fixing errors that were created
from the previous year's session.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-11-5
, as last amended by Laws of Utah 2010, Chapter 73
9-6-507
, as renumbered and amended by Laws of Utah 1992, Chapter 241
9-8-302
, as last amended by Laws of Utah 2007, Chapter 231
9-8-404
, as last amended by Laws of Utah 2006, Chapter 292
10-1-114
, as last amended by Laws of Utah 2015, Chapter 352
10-3c-203
, as enacted by Laws of Utah 2015, Chapter 352
10-6-135
, as last amended by Laws of Utah 2014, Chapter 377
10-8-15
, as last amended by Laws of Utah 2010, Chapter 378
11-51-102
, as last amended by Laws of Utah 2014, Chapter 296
13-14-204
, as last amended by Laws of Utah 2010, Chapter 33
13-49-201
, as last amended by Laws of Utah 2015, Chapter 236
13-49-203
, as enacted by Laws of Utah 2012, Chapter 375
17B-1-502
, as last amended by Laws of Utah 2015, Chapter 352
19-1-301.5
, as last amended by Laws of Utah 2015, Chapters 379, 441 and last
amended by Coordination Clause, Laws of Utah 2015, Chapter 451
20A-1-306
, as last amended by Laws of Utah 2014, Chapter 189
20A-7-702
, as last amended by Laws of Utah 2013, Chapter 320
26-37a-102
, as enacted by Laws of Utah 2015, Chapter 440
31A-22-619.6
, as enacted by Laws of Utah 2013, Chapter 417
31A-33-106
, as last amended by Laws of Utah 2015, Chapter 427
31A-37-301
, as last amended by Laws of Utah 2015, Chapter 244
31A-37-502
, as last amended by Laws of Utah 2015, Chapter 244
32B-1-102
, as last amended by Laws of Utah 2013, Chapter 349
32B-4-415
, as enacted by Laws of Utah 2010, Chapter 276
32B-6-404
, as last amended by Laws of Utah 2011, Second Special Session, Chapter 2
34-19-5
, as last amended by Laws of Utah 2007, Chapter 306
34-20-3
, as last amended by Laws of Utah 2011, Chapter 297
34-20-8
, as last amended by Laws of Utah 2011, Chapter 297
34-30-13
, as enacted by Laws of Utah 1971, Chapter 74
34-38-2
, as last amended by Laws of Utah 2010, Chapter 284
34-41-102
, as enacted by Laws of Utah 1994, Chapter 18
34-45-107
, as enacted by Laws of Utah 2009, Chapter 379
34A-2-213
, as enacted by Laws of Utah 2013, Chapter 417
35A-3-103
, as last amended by Laws of Utah 2015, Chapter 221
35A-8-1705
, as renumbered and amended by Laws of Utah 2012, Chapter 212
41-6a-1616
, as last amended by Laws of Utah 2015, Chapters 270, 405, and 412
46-4-503
, as last amended by Laws of Utah 2014, Chapter 63
53-8-210
, as renumbered and amended by Laws of Utah 1993, Chapters 26 and 234
53A-1-301
, as last amended by Laws of Utah 2015, Chapter 415
53A-15-1504
, as enacted by Laws of Utah 2015, Chapter 389
53A-15-1508
, as enacted by Laws of Utah 2015, Chapter 389
53A-15-1509
, as enacted by Laws of Utah 2015, Chapter 389
57-8-8.1
, as enacted by Laws of Utah 2015, Chapter 22
57-16a-202
, as enacted by Laws of Utah 2015, Chapter 233
58-37-8
, as last amended by Laws of Utah 2015, Chapters 165 and 412
58-69-801
, as last amended by Laws of Utah 2015, Chapter 343
58-85-104
, as enacted by Laws of Utah 2015, Chapter 110
59-12-103
, as last amended by Laws of Utah 2015, Chapter 283
59-12-2218
, as last amended by Laws of Utah 2014, Chapter 271
59-22-202
, as last amended by Laws of Utah 2004, Chapter 53
62A-2-121
, as last amended by Laws of Utah 2015, Chapters 255 and 258
62A-2-122
, as last amended by Laws of Utah 2015, Chapter 255
63A-5-208
, as last amended by Laws of Utah 2012, Chapters 91, 347 and last amended
by Coordination Clause, Laws of Utah 2012, Chapter 347
63A-13-204
, as last amended by Laws of Utah 2015, Chapter 135
63E-1-203
, as last amended by Laws of Utah 2015, Chapter 226
63G-2-202
, as last amended by Laws of Utah 2015, Chapter 258
63G-6a-408
, as last amended by Laws of Utah 2015, Chapter 218
63G-6a-2105
, as last amended by Laws of Utah 2014, Chapter 196
63H-7a-603
, as enacted by Laws of Utah 2015, Chapter 411
63I-1-220
, as last amended by Laws of Utah 2014, Chapter 231
63I-2-217
, as and further amended by Revisor Instructions, Laws of Utah 2015,
Chapter 465 and last amended by Laws of Utah 2015, Chapter 465
63I-2-220
, as last amended by Laws of Utah 2014, Chapter 3
63I-2-277
, as last amended by Laws of Utah 2014, Chapter 189
63M-4-602
, as enacted by Laws of Utah 2015, Chapter 356
67-1a-14
, as enacted by Laws of Utah 2012, Chapter 35
67-19-13.5
, as last amended by Laws of Utah 2015, Chapter 393
70A-2-311
, as enacted by Laws of Utah 1965, Chapter 154
73-2-22
, as last amended by Laws of Utah 2015, Chapter 258
73-22-3
, as last amended by Laws of Utah 2015, Chapter 258
78B-14-613
, as last amended by Laws of Utah 2015, Chapter 45
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-11-5
 is amended to read:
4-11-5.
County bee inspector -- Appointment -- Termination -- Compensation.
(1) The county executive upon the petition of five or more persons who raise bees
within the respective county shall, with the approval of the commissioner, appoint a qualified
person to act as a bee inspector within the county.
(2) A county bee inspector shall be employed at the pleasure of the county executive
and the commissioner, and is subject to termination of employment, with or without cause, at
the instance of either.
(3) Compensation for the county bee inspector shall be fixed by the county legislative
body.
(4) To be appointed a county bee inspector, a person shall demonstrate adequate
training and knowledge related to this chapter, bee diseases, and pests.
(5) A record concerning bee inspection shall be kept by the county executive or
commissioner.
(6) The county executive and the commissioner shall investigate a formal, written
complaint against a county bee inspector.
(7) The department may authorize an inspection if:
(a) a county bee inspector is not appointed; [
and
] 
or
(b) a conflict of interest arises with a county bee inspector.
Section 2. Section 
9-6-507
 is amended to read:
9-6-507.
Spending restrictions -- Return of endowment.
(1) A qualifying organization, once it has received its endowment money from the state
fund, may not expend any of [
those
] 
that
 money or the required matching money in its
endowment fund, but may expend only the interest income earned on the money in its
endowment fund.
(2) If the board determines that a qualifying organization has expended any amount of
the endowment money received from the state fund or any amount of the required matching
money, the qualifying organization shall return the amount it received from the state fund. The
board shall reallocate any such returned money to qualifying organizations in the manner as
provided in Section 
9-6-506
.
Section 3. Section 
9-8-302
 is amended to read:
9-8-302.
Definitions.
As used in this part and Part 4, Historic Sites:
(1) "Agency" means a department, division, office, bureau, board, commission, or
other administrative unit of the state.
(2) "Ancient human remains" means all or part of the following that are historic or
prehistoric:
(a) a physical individual; and
(b) any object on or attached to the physical individual that is placed on or attached to
the physical individual as part of the death rite or ceremony of a culture.
(3) "Antiquities Section" means the Antiquities Section of the Division of State History
created in Section 
9-8-304
.
(4) "Archaeological resources" means all material remains and their associations,
recoverable or discoverable through excavation or survey, that provide information pertaining
to the historic or prehistoric peoples of the state.
(5) "Collection" means a specimen and the associated records documenting the
specimen and its recovery.
(6) "Curation" means management and care of collections according to standard
professional museum practice, which may include inventorying, accessioning, labeling,
cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting,
cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original
collections or reproductions, and providing access to and facilities for studying collections.
(7) "Curation facility" [
is defined as provided
] 
means the same as that term is defined
in Section 
53B-17-603
.
(8) "Division" means the Division of State History created in Section 
9-8-201
.
(9) "Excavate" means the recovery of archaeological resources.
(10) "Historic property" means any prehistoric or historic district, site, building,
structure, or specimen included in, or eligible for inclusion in, the National Register of Historic
Places or the State Register.
(11) "Indian tribe" means a tribe, band, nation, or other organized group or community
of Indians that is recognized as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
(12) "Museum" means the Utah Museum of Natural History.
(13) (a) "Nonfederal land" means land in the state that is not owned, controlled, or held
in trust by the federal government.
(b) "Nonfederal land" includes:
(i) land owned or controlled by:
(A) the state;
(B) a county, city, or town;
(C) an Indian tribe, if the land is not held in trust by the United States for the Indian
tribe or the Indian tribe's members; or
(D) a person other than the federal government; or
(ii) school and institutional trust lands.
(14) "Principal investigator" means the individual with overall administrative
responsibility for the survey or excavation project authorized by the permit.
(15) "Repository" [
is defined as provided
] 
means the same as that term is defined
 in
Section 
53B-17-603
.
(16) "School and institutional trust lands" are those properties defined in Section
53C-1-103
.
(17) "Site" means any petroglyphs, pictographs, structural remains, or geographic
location that is the source of archaeological resources or specimens.
(18) "Specimen" means all man-made artifacts and remains of an archaeological or
anthropological nature found on or below the surface of the earth, excluding structural remains.
(19) "State historic preservation officer" means that position mentioned in [
U.S.C.
Sec. 470a
] 
U.S.C. Sec. 302303
, as amended.
(20) (a) "State land" means land owned by the state including the state's:
(i) legislative and judicial branches;
(ii) departments, divisions, agencies, boards, commissions, councils, and committees;
and
(iii) institutions of higher education as defined under Section 
53B-3-102
.
(b) "State land" does not include:
(i) land owned by a political subdivision of the state;
(ii) land owned by a school district;
(iii) private land; or
(iv) school and institutional trust lands.
(21) "Survey" means a surface investigation for archaeological resources that may
include:
(a) insubstantial surface collection of archaeological resources; and
(b) limited subsurface testing that disturbs no more of a site than is necessary to
determine the nature and extent of the archaeological resources or whether the site is a historic
property.
Section 4. Section 
9-8-404
 is amended to read:
9-8-404.
Agency responsibilities -- State historic preservation officer to comment
on undertaking -- Public Lands Policy Coordinating Office may require joint analysis.
(1) (a) Before expending any state funds or approving any undertaking, each agency
shall:
(i) take into account the effect of the expenditure or undertaking on any historic
property; and
(ii) unless exempted by agreement between the agency and the state historic
preservation officer, provide the state historic preservation officer with a written evaluation of
the expenditure's or undertaking's effect on the historic property.
(b) Once per month, the state historic preservation officer shall provide the Public
Lands Policy Coordinating Office with a list of undertakings on which an agency or federal
agency has requested the state historic preservation officer's or the Antiquities Section's advice
or consultation.
(c) The Public Lands Policy Coordinating Office may request the joint analysis
described in Subsections (2)(c) and (d) of any proposed undertaking on which the state historic
preservation officer or Antiquities Section is providing advice or consultation.
(2) (a) If the state historic preservation officer does not concur with the agency's
written evaluation required by Subsection (1)(a)(ii), the state historic preservation officer shall
inform the Public Lands Policy Coordinating Office of any objections.
(b) The Public Lands Policy Coordinating Office shall review the state historic
preservation officer's objections and determine whether or not to initiate the joint analysis
established in Subsections (2)(c) and (d).
(c) If the Public Lands Policy Coordinating Office determines further analysis is
necessary, the Public Lands Policy Coordinating Office shall, jointly with the agency and the
state historic preservation officer, analyze:
(i) the cost of the undertaking, excluding costs attributable to the identification,
potential recovery, or excavation of historic properties;
(ii) the ownership of the land involved;
(iii) the likelihood of the presence and the nature and type of historical properties that
may be affected by the expenditure or undertaking; and
(iv) clear and distinct alternatives for the identification, recovery, or excavation of
historic properties, including ways to maximize the amount of information recovered and
report that information at current standards of scientific rigor.
(d) The Public Lands Policy Coordinating Office, the agency, and the state historic
preservation officer shall also consider as part of the joint analysis:
(i) the estimated costs of the alternatives in Subsection (2)(c)(iv) in total and as a
percentage of the total cost of the undertaking; and
(ii) at least one plan for the identification, recovery, or excavation of historic properties
that does not substantially increase the cost of the proposed undertaking.
(3) (a) (i) If the state historic preservation officer concurs with the agency's evaluation
or if the Public Lands Policy Coordinating Office determines that the joint analysis is
unnecessary, the state historic preservation officer shall, no later than 30 calendar days after
receiving the agency's evaluation, provide formal comments on the agency's evaluation.
(ii) If a joint analysis is conducted, the state historic preservation officer shall provide
formal comments on the agency's evaluation no later than 30 calendar days after the conclusion
of the joint analysis.
(b) The state historic preservation officer shall ensure that the comments include the
results of any joint analysis conducted under Subsection (2).
(c) If a joint analysis is not conducted, the state historic preservation officer's
comments may include advice about ways to maximize the amount of historic, scientific,
archaeological, anthropological, and educational information recovered, in addition to the
physical recovery of specimens and the reporting of archaeological information at current
standards of scientific rigor.
(4) (a) Once per month, the state historic preservation officer shall provide the Public
Lands Policy Coordinating Office with a list of comments the state historic preservation officer
intends to make or has made as required or authorized by the National Historic Preservation
Act, [
U.S.C. Sec. 470
] 
U.S.C. Sec. 300101
 et seq.
(b) At the request of the Public Lands Policy Coordinating Office, the state historic
preservation officer shall discuss the comments with the Public Lands Policy Coordinating
Office.
Section 5. Section 
10-1-114
 is amended to read:
10-1-114.
Repealer.
Title 10, Chapter 1, General Provisions; Chapter 2, 
Incorporation,
 Classification,
Boundaries, Consolidation, and Dissolution of Municipalities; Chapter 3, Municipal
Government; Chapter 5, Uniform 
Town
 Fiscal Procedures Act [
for Utah Towns
]; and Chapter
6, Uniform Fiscal Procedures Act [
for Utah Cities
], are repealed, except as provided in Section
10-1-115
.
Section 6. Section 
10-3c-203
 is amended to read:
10-3c-203.
Administrative and operational services -- Staff provided by county or
municipal services district.
(1) (a) The following officials elected or appointed, or persons employed by, the county
in which a [
municipality
] 
metro
 township is located shall, for the purposes of interpreting and
complying with applicable law, fulfill the responsibilities and hold the following metro
township offices or positions:
(i) the county treasurer shall fulfill the duties and hold the powers of treasurer for the
metro township;
(ii) the county clerk shall fulfill the duties and hold the powers of recorder and clerk for
the metro township;
(iii) the county surveyor shall fulfill, on behalf of the metro township, all surveyor
duties imposed by law;
(iv) the county engineer shall fulfill the duties and hold the powers of engineer for the
metro township;
(v) the district attorney shall provide legal counsel to the metro township; and
(vi) subject to Subsection (1)(b), the county auditor shall fulfill the duties and hold the
powers of auditor for the metro township.
(b) (i) The county auditor shall fulfill the duties and hold the powers of auditor for the
metro township to the extent that the county auditor's powers and duties are described in and
delegated to the county auditor in accordance with Title 17, Chapter 19a, County Auditor, and
a municipal auditor's powers and duties described in this title are the same.
(ii) Notwithstanding Subsection (1)(b), in a metro township, services described in
Sections 
17-19a-203
, 
17-19a-204
, and 
17-19a-205
, and services other than those described in
Subsection (1)(b)(i) that are provided by a municipal auditor in accordance with this title that
are required by law, shall be performed by county staff other than the county auditor.
(2) (a) Nothing in Subsection (1) may be construed to relieve an official described in
Subsections (1)(a)(i) through (iv) of a duty to either the county or metro township or a duty to
fulfill that official's position as required by law.
(b) Notwithstanding Subsection (2)(a), an official or the official's deputy or other
person described in Subsections (1)(a)(i) through (iv):
(i) is elected, appointed, or otherwise employed, in accordance with the provisions of
Title 17, Counties, as applicable to that official's or person's county office;
(ii) is paid a salary and benefits and subject to employment discipline in accordance
with the provisions of Title 17, Counties, as applicable to that official's or person's county
office;
(iii) is not subject to:
(A) Chapter 3, Part 11, Personnel Rules and Benefits; or
(B) Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and
(iv) is not required to provide a bond for the applicable municipal office if a bond for
the office is required by this title.
(3) The metro township may establish a planning commission in accordance with
Section 
10-9a-301
 and an appeal authority in accordance with Section 
10-9a-701
.
(4) A municipal services district established in accordance with Title 17B, Chapter 2a,
Part 11, Municipal Services District Act, and of which the metro township is a part, may
provide staff to the metro township planning commission and appeal authority.
(5) (a) This section applies only to a metro township in which:
(i) the electors at an election under Section 
10-2a-404
 chose a metro township that is
included in a municipal services district and has limited municipal powers; or
(ii) the metro township subsequently joins a municipal services district.
(b) This section does not apply to a metro township described in Subsection (5)(a) if
the municipal services district is dissolved.
Section 7. Section 
10-6-135
 is amended to read:
10-6-135.
Operating and capital budgets.
(1) (a) As used in this section, "operating and capital budget" means a plan of financial
operation for an enterprise fund or other required special fund that includes estimates of
operating resources, expenses, and other outlays for a fiscal period.
(b) Except as otherwise expressly provided, any reference to "budget" or "budgets" and
the procedures and controls relating to them in other sections of this chapter do not apply or
refer to the operating and capital budgets described in this section.
(2) At or before the time the governing body adopts budgets for the funds described in
Section 
10-6-109
, the governing body shall adopt:
(a) an operating and capital budget for each enterprise fund for the ensuing fiscal
period; and
(b) the type of budget for other special funds as required by the Uniform Accounting
Manual for Utah Cities.
(3) (a) The governing body shall adopt and administer an operating and capital budget
in accordance with this Subsection (3).
(b) A governing body may spend or transfer money deposited in an enterprise fund for
a good, service, project, venture, or other purpose that is not directly related to the goods or
services provided by the enterprise for which the enterprise fund was created, if the governing
body:
(i) transfers the money from the enterprise fund to another fund; and
(ii) complies with the hearing and notice requirements of Subsections (3)(f)(i), (ii), and
(iii).
(c) At or before the first regularly scheduled meeting of the governing body in the last
May of the current fiscal period, the budget officer shall:
(i) prepare for the ensuing fiscal period and file with the governing body a tentative
operating and capital budget for:
(A) each enterprise fund; and
(B) other required special funds;
(ii) include with the tentative operating and capital budget described in Subsection
(3)[
(d)(i)
]
(c)
 specific work programs as submitted by each department head; and
(iii) include any other supporting data required by the governing body.
(d) Each city of the first or second class shall, and each city of the third, fourth, or fifth
class may, submit a supplementary estimate of all capital projects which a department head
believes should be undertaken within the three next succeeding fiscal periods.
(e) (i) Subject to Subsection (3)(e)(ii), the budget officer shall prepare all estimates
after review and consultation with each department head described in Subsection (3)(d).
(ii) After complying with Subsection (3)(e)(i), the budget officer may revise any
departmental estimate before it is filed with the governing body.
(f) (i) Except as provided in Subsection (3)(f)(iv), if the governing body includes in a
tentative budget or an amendment to a budget allocations or transfers from an enterprise fund
to another fund or a good, service, project, venture, or purpose other than reasonable
allocations of costs between the enterprise fund and the other fund, the governing body shall:
(A) hold a public hearing;
(B) prepare a written notice of the date, time, place, and purpose of the hearing, as
described in Subsection (3)(f)(ii); and
(C) subject to Subsection (3)(f)(iii), mail the written notice to each enterprise fund
customer at least seven days before the day of the hearing.
(ii) The purpose portion of the written notice required under Subsection (3)(f)(i)(B)
shall identify:
(A) the enterprise fund from which money is being transferred;
(B) the amount being transferred; and
(C) the fund to which the money is being transferred.
(iii) The governing body:
(A) may print the written notice required under Subsection (3)(f)(i) on the enterprise
fund customer's bill; and
(B) shall include the written notice required under Subsection (3)(f)(i) as a separate
notification mailed or transmitted with the enterprise fund customer's bill.
(iv) A governing body is not required to repeat the notice and hearing requirements in
this Subsection (3)(f) if the funds to be allocated or transferred for the current year were
previously approved by the governing body during the current year and at a public hearing that
complies with the notice and hearing requirements of this Subsection (3)(f).
(4) (a) Each tentative budget, amendment to a budget, or budget shall be reviewed and
considered by the governing body at any regular meeting or special meeting called for that
purpose.
(b) The governing body may make changes in the tentative budgets.
(5) Budgets for enterprise or other required special funds shall comply with the public
hearing requirements established in Sections 
10-6-113
 and 
10-6-114
.
(6) (a) Before the last June 30 of each fiscal period, or, in the case of a property tax
increase under Sections 
59-2-919
 through 
59-2-923
, before August 31 of the year for which a
property tax increase is proposed, the governing body shall adopt an operating and capital
budget for each applicable fund for the ensuing fiscal period.
(b) A copy of the budget as finally adopted for each fund shall be:
(i) certified by the budget officer;
(ii) filed by the budget officer in the office of the city auditor or city recorder;
(iii) available to the public during regular business hours; and
(iv) filed with the state auditor within 30 days after the day on which the budget is
adopted.
(7) (a) Upon final adoption, the operating and capital budget is in effect for the budget
period, subject to later amendment.
(b) During the budget period the governing body may, in any regular meeting or special
meeting called for that purpose, review any one or more of the operating and capital budgets
for the purpose of determining if the total of any of them should be increased.
(c) If the governing body decides that the budget total of one or more of the funds
should be increased under Subsection (7)(b), the governing body shall follow the procedures
set forth in Section 
10-6-136
.
(8) Expenditures from operating and capital budgets shall conform to the requirements
relating to budgets specified in Sections 
10-6-121
 through 
10-6-126
.
Section 8. Section 
10-8-15
 is amended to read:
10-8-15.
Waterworks -- Construction -- Extraterritorial jurisdiction.
They may construct or authorize the construction of waterworks within or without the
city limits, and for the purpose of maintaining and protecting the same from injury and the
water from pollution their jurisdiction shall extend over the territory occupied by such works,
and over all reservoirs, streams, canals, ditches, pipes and drains used in and necessary for the
construction, maintenance and operation of the same, and over the stream or source from which
the water is taken, for 15 miles above the point from which it is taken and for a distance of 300
feet on each side of such stream and over highways along such stream or watercourse within
said 15 miles and said 300 feet; provided, that the jurisdiction of cities of the first class shall be
over the entire watershed, except that livestock shall be permitted to graze beyond [
one
thousand
] 
1,000
 feet from any such stream or source; and provided further, that each city of the
first class shall provide a highway in and through its corporate limits, and so far as its
jurisdiction extends, which may not be closed to cattle, horses, sheep or hogs driven through
any such city, or through any territory adjacent thereto over which such city has jurisdiction,
but the board of commissioners of such city may enact ordinances placing under police
regulations the manner of driving such cattle, sheep, horses and hogs through such city, or any
territory adjacent thereto over which it has jurisdiction. They may enact all ordinances and
regulations necessary to carry the power herein conferred into effect, and are authorized and
empowered to enact ordinances preventing pollution or contamination of the streams or
watercourses from which the inhabitants of cities derive their water supply, in whole or in part,
for domestic and culinary purposes, and may enact ordinances prohibiting or regulating the
construction or maintenance of any closet, privy, outhouse or urinal within the area over which
the city has jurisdiction, and provide for permits for the construction and maintenance of the
same. In granting such permits they may annex thereto such reasonable conditions and
requirements for the protection of the public health as they deem proper, and may, if deemed
advisable, require that all closets, privies and urinals along such streams shall be provided with
effective septic tanks or other germ-destroying instrumentalities.
Section 9. Section 
11-51-102
 is amended to read:
11-51-102.
Definitions.
As used in this chapter:
(1) "Chief executive officer" means:
(a) for a municipality:
(i) the mayor, if the municipality is operating under a form of municipal government
other than the council-manager form of government; or
(ii) the city manager, if the municipality is operating under the council-manager form
of government; or
(b) for a county:
(i) the chair of the county commission, if the county is operating under the county
commission or expanded county commission form of government;
(ii) the county executive officer, if the county is operating under the county-executive
council form of government; or
(iii) the county manager, if the county is operating under the council-manager form of
government.
(2) "County sheriff" means an individual elected to the office of county sheriff in the
state who meets the qualifications described in Section 
17-22-1.5
.
(3) "Federal agency" means the United States Bureau of Land Management, the United
States Forest Service, the United States Fish and Wildlife Service, or the National Park
Service.
(4) "Federally managed land" means land that is managed by the United States Bureau
of Land Management, the United States Forest Service, or the National Park Service.
(5) "National monument" means a national monument designated or declared in
accordance with the Antiquities Act of 1906, [
U.S.C. Sec. 431
] 
U.S.C. Sec. 320301
 et
seq.
(6) "National recreation area" means a recreation area designated by an act of
Congress.
(7) "Political subdivision" means a municipality or county.
Section 10. Section 
13-14-204
 is amended to read:
13-14-204.
Franchisor's obligations related to service -- Franchisor audits -- Time
limits.
(1) Each franchisor shall specify in writing to each of its franchisees licensed as a new
motor vehicle dealer in this state:
(a) the franchisee's obligations for new motor vehicle preparation, delivery, and
warranty service on its products;
(b) the schedule of compensation to be paid to the franchisee for parts, work, and
service; and
(c) the time allowance for the performance of work and service.
(2) (a) The schedule of compensation described in Subsection (1) shall include
reasonable compensation for diagnostic work, as well as repair service, parts, and labor.
(b) Time allowances described in Subsection (1) for the diagnosis and performance of
warranty work and service shall be reasonable and adequate for the work to be performed.
(3) (a) In the determination of what constitutes reasonable compensation under this
section, the principal factor to be considered is the prevailing wage rates being paid by
franchisees in the relevant market area in which the franchisee is doing business.
(b) Compensation of the franchisee for warranty service work may not be less than the
amount charged by the franchisee for like parts and service to retail or fleet customers, if the
amounts are reasonable. In the case of a recreational vehicle franchisee, reimbursement for
parts used in the performance of warranty repairs, including those parts separately warranted
directly to the consumer by a recreational vehicle parts supplier, may not be less than the
franchisee's cost plus 20%. For purposes of this Subsection (3)(b), the term "cost" shall be that
same price paid by a franchisee to a franchisor or supplier for the part when the part is
purchased for a nonwarranty repair.
(4) A franchisor may not fail to:
(a) perform any warranty obligation;
(b) include in written notices of franchisor's recalls to new motor vehicle owners and
franchisees the expected date by which necessary parts and equipment will be available to
franchisees for the correction of the defects; or
(c) compensate any of the franchisees for repairs effected by the recall.
(5) If a franchisor disallows a franchisee's claim for a defective part, alleging that the
part is not defective, the franchisor at its option shall:
(a) return the part to the franchisee at the franchisor's expense; or
(b) pay the franchisee the cost of the part.
(6) (a) A claim made by a franchisee pursuant to this section for labor and parts shall
be paid within 30 days after its approval.
(b) A claim shall be either approved or disapproved by the franchisor within 30 days
after receipt of the claim on a form generally used by the franchisor and containing the
generally required information. Any claim not specifically disapproved of in writing within 30
days after the receipt of the form is considered to be approved and payment shall be made
within 30 days.
(7) Warranty service audits of franchisee records may be conducted by the franchisor
on a reasonable basis.
(8) A franchisee's claim for warranty compensation may be denied only if:
(a) the franchisee's claim is based on a nonwarranty repair;
(b) the franchisee lacks material documentation for the claim;
(c) the franchisee fails to comply materially with specific substantive terms and
conditions of the franchisor's warranty compensation program; or
(d) the franchisor has a bona fide belief based on competent evidence that the
franchisee's claim is intentionally false, fraudulent, or misrepresented.
(9) (a) Any charge backs for warranty parts or service compensation and service
incentives shall only be enforceable for the six-month period immediately following the date
the payment for warranty reimbursement was made by the franchisor.
(b) Except as provided in Subsection [
(9)(c)
] 
(9)(e)
, all charge backs levied by a
franchisor for sales compensation or sales incentives arising out of the sale or lease of a motor
vehicle sold or leased by a franchisee shall be compensable only if written notice of the charge
back is received by the franchisee within six months immediately following the sooner of:
(i) the date when the sales incentive program terminates; or
(ii) the date when payment for the sales compensation or sales incentive was made by
the franchisor to the franchisee.
(c) (i) Upon an audit, the franchisor shall provide the franchisee automated or written
notice explaining the amount of and reason for a charge back.
(ii) A franchisee may respond in writing within 30 days after the notice under
Subsection (9)(c)(i) to:
(A) explain a deficiency; or
(B) provide materials or information to correct and cure compliance with a provision
that is a basis for a charge back.
(d) A charge back:
(i) may not be based on a nonmaterial error that is clerical in nature; and
(ii) (A) shall be based on one or more specific instances of material noncompliance
with the franchisor's warranty compensation program or sales incentive program; and
(B) may not be extrapolated from a sampling of warranty claims or sales incentive
claims.
(e) The time limitations of this Subsection (9) do not preclude charge backs for any
fraudulent claim that was previously paid.
Section 11. Section 
13-49-201
 is amended to read:
13-49-201.
Requirement to be registered as an immigration consultant --
Exemptions.
(1) (a) Except as provided in Subsection (1)(b), an individual may not engage in an
activity of an immigration consultant for compensation unless the individual is registered under
this chapter.
(b) Except for Subsections 
13-49-303
(3) and (4), this chapter does not apply to an
individual authorized:
(i) to practice law in this state; or
(ii) by federal law to represent [
persons
] 
an individual
 before the Board of Immigration
Appeals or the United States Citizenship and Immigration Services.
(2) An immigration consultant may only offer nonlegal assistance or advice in an
immigration matter.
Section 12. Section 
13-49-203
 is amended to read:
13-49-203.
Requirement to submit to criminal background check.
(1) The division shall require an applicant for registration as an immigration consultant
to:
(a) submit a fingerprint card in a form acceptable to the division; and
(b) consent to a fingerprint criminal background check by the Utah Bureau of Criminal
Identification.
(2) (a) The division shall obtain information from a criminal history record maintained
by the Utah Bureau of Criminal Identification pursuant to Title 53, Chapter 10, Part 2, Bureau
of Criminal Identification.
(b) The information obtained under Subsection (2)[
(b)
]
(a)
 may only be used by the
division to determine whether an applicant for registration as an immigration consultant meets
the requirements of Subsection 
13-49-202
(1)(c).
Section 13. Section 
17B-1-502
 is amended to read:
17B-1-502.
Withdrawal of area from local district -- Automatic withdrawal in
certain circumstances.
(1) (a) An area within the boundaries of a local district may be withdrawn from the
local district only as provided in this part or, if applicable, as provided in Chapter 2a, Part 11,
Municipal Services District Act.
(b) Except as provided in Subsections (2) and (3), the inclusion of an area of a local
district within a municipality because of a municipal incorporation under Title 10, Chapter 2a,
Municipal Incorporation, or a municipal annexation or boundary adjustment under Title 10,
Chapter 2, Part 4, Annexation, does not affect the requirements under this part for the process
of withdrawing that area from the local district.
(2) (a) An area within the boundaries of a local district is automatically withdrawn
from the local district by the annexation of the area to a municipality or the adding of the area
to a municipality by boundary adjustment under Title 10, Chapter 2, Part 4, Annexation, if:
(i) the local district provides:
(A) fire protection, paramedic, and emergency services; or
(B) law enforcement service;
(ii) an election for the creation of the local district was not required because of
Subsection 
17B-1-214
(3)(d); and
(iii) before annexation or boundary adjustment, the boundaries of the local district do
not include any of the annexing municipality.
(b) The effective date of a withdrawal under this Subsection (2) is governed by
Subsection 
17B-1-512
(2)(b).
(3) (a) Except as provided in Subsection (3)(c) or (d), an area within the boundaries of
a local district located in a county of the first class is automatically withdrawn from the local
district by the incorporation of a municipality whose boundaries include the area if:
(i) the local district provides:
(A) fire protection, paramedic, and emergency services;
(B) law enforcement service; or
(C) municipal services, as defined in Section 
17B-2a-1102
;
(ii) an election for the creation of the local district was not required because of
Subsection 
17B-1-214
(3)(d) or (g); and
(iii) the legislative body of the newly incorporated municipality:
(A) for a city or town incorporated under Title 10, Chapter 2a, Part 4, Incorporation of
Metro Townships and Unincorporated Islands in a County of the First Class on and after May
12, 2015, complies with the feasibility study requirements of Section 
17B-2a-1110
;
(B) adopts a resolution no later than 180 days after the effective date of incorporation
approving the withdrawal that includes the legal description of the area to be withdrawn; and
(C) delivers a copy of the resolution to the board of trustees of the local district.
(b) The effective date of a withdrawal under this Subsection (3) is governed by
Subsection 
17B-1-512
(2)(a).
(c) Section 
17B-1-505
 shall govern the withdrawal of an incorporated area within a
county of the first class after the expiration of the 180-day period described in Subsection
(3)(a)(iii)(B) 
if
:
(i) the local district from which the area is withdrawn provides:
(A) fire protection, paramedic, and emergency services;
(B) law enforcement service; or
(C) municipal services, as defined in Section 
17B-2a-1102
; and
(ii) an election for the creation of the local district was not required under Subsection
17B-1-214
(3)(d) or (g).
(d) An area within the boundaries of a local district that is incorporated as a metro
township and for which the residents of the metro township at an election to incorporate chose
to be included in a municipal services district is not subject to the provisions of this Subsection
(3).
Section 14. Section 
19-1-301.5
 is amended to read:
19-1-301.5.
Permit review adjudicative proceedings.
(1) As used in this section:
(a) "Dispositive action" means a final agency action that:
(i) the executive director takes as part of a special adjudicative proceeding; and
(ii) is subject to judicial review, in accordance with Subsection (15).
(b) "Dispositive motion" means a motion that is equivalent to:
(i) a motion to dismiss under Utah Rules of Civil Procedure, Rule 12(b)(6);
(ii) a motion for judgment on the pleadings under Utah Rules of Civil Procedure, Rule
12(c); or
(iii) a motion for summary judgment under Utah Rules of Civil Procedure, Rule 56.
(c) "Financial assurance determination" means a decision on whether a facility, site,
plan, party, broker, owner, operator, generator, or permittee has met financial assurance or
financial responsibility requirements as determined by the director of the Division of Waste
Management and Radiation Control.
(d) "Party" means:
(i) the director who issued the permit order or financial assurance determination that is
being challenged in the special adjudicative proceeding under this section;
(ii) the permittee;
(iii) the person who applied for the permit, if the permit was denied;
(iv) the person who is subject to a financial assurance determination; or
(v) a person granted intervention by the administrative law judge.
(e) "Permit" means any of the following issued under this title:
(i) a permit;
(ii) a plan;
(iii) a license;
(iv) an approval order; or
(v) another administrative authorization made by a director.
(f) (i) "Permit order" means an order issued by a director that:
(A) approves a permit;
(B) renews a permit;
(C) denies a permit;
(D) modifies or amends a permit; or
(E) revokes and reissues a permit.
(ii) "Permit order" does not include an order terminating a permit.
(g) "Special adjudicative proceeding" means a proceeding under this section to resolve
a challenge to a:
(i) permit order; or
(ii) financial assurance determination.
(2) This section governs [
permit
] special 
adjudicative
 proceedings.
(3) Except as expressly provided in this section, the provisions of Title 63G, Chapter 4,
Administrative Procedures Act, do not apply to a special adjudicative proceeding under this
section.
(4) If a public comment period was provided during the permit application process or
the financial assurance determination process, a person who challenges an order, application, or
determination may only raise an issue or argument during the special adjudicative proceeding
that:
(a) the person raised during the public comment period; and
(b) was supported with information or documentation that is cited with reasonable
specificity and sufficiently enables the director to fully consider the substance and significance
of the issue.
(5) (a) Upon request by a party, the executive director shall issue a notice of
appointment appointing an administrative law judge, in accordance with Subsections
19-1-301
(5) and (6), to conduct a special adjudicative proceeding under this section.
(b) The executive director shall issue a notice of appointment within 30 days after the
day on which a party files a request.
(c) A notice of appointment shall include:
(i) the agency's file number or other reference number assigned to the special
adjudicative proceeding;
(ii) the name of the special adjudicative proceeding; and
(iii) the administrative law judge's name, title, mailing address, email address, and
telephone number.
(6) (a) Only the following may file a petition for review of a permit order or financial
assurance determination:
(i) a party; or
(ii) a person who is seeking to intervene under Subsection (7).
(b) A person who files a petition for review of a permit order or a financial assurance
determination shall file the petition for review within 30 days after the day on which the permit
order or the financial assurance determination is issued.
(c) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules allowing the extension of the filing deadline described in
Subsection (6)(b).
(d) A petition for review shall:
(i) be served in accordance with department rule;
(ii) include the name and address of each person to whom a copy of the petition for
review is sent;
(iii) if known, include the agency's file number or other reference number assigned to
the special adjudicative proceeding;
(iv) state the date on which the petition for review is served;
(v) include a statement of the petitioner's position, including, as applicable:
(A) the legal authority under which the petition for review is requested;
(B) the legal authority under which the agency has jurisdiction to review the petition
for review;
(C) each of the petitioner's arguments in support of the petitioner's requested relief;
(D) an explanation of how each argument described in Subsection (6)(d)(v)(C) was
preserved;
(E) a detailed description of any permit condition to which the petitioner is objecting;
(F) any modification or addition to a permit that the petitioner is requesting;
(G) a demonstration that the agency's permit decision is based on a finding of fact or
conclusion of law that is clearly erroneous;
(H) if the agency director addressed a finding of fact or conclusion of law described in
Subsection (6)(d)(v)(G) in a response to public comment, a citation to the comment and
response that relates to the finding of fact or conclusion of law and an explanation of why the
director's response was clearly erroneous or otherwise warrants review; and
(I) a claim for relief.
(e) A person may not raise an issue or argument in a petition for review unless the
issue or argument:
(i) was preserved in accordance with Subsection (4); or
(ii) was not reasonably ascertainable before or during the public comment period.
(f) To demonstrate that an issue or argument was preserved in accordance with
Subsection (4), a petitioner shall include the following in the petitioner's petition for review:
(i) a citation to where the petitioner raised the issue or argument during the public
comment period; and
(ii) for each document upon which the petitioner relies in support of an issue or
argument, a description that:
(A) states why the document is part of the administrative record; and
(B) demonstrates that the petitioner cited the document with reasonable specificity in
accordance with Subsection (4)(b).
(7) (a) A person who is not a party may not participate in a special adjudicative
proceeding under this section unless the person is granted the right to intervene under this
Subsection (7).
(b) A person who seeks to intervene in a special adjudicative proceeding under this
section shall, within 30 days after the day on which the permit order or the financial assurance
determination being challenged was issued, file:
(i) a petition to intervene that:
(A) meets the requirements of Subsection 
63G-4-207
(1); and
(B) demonstrates that the person is entitled to intervention under Subsection (7)(d)(ii);
and
(ii) a timely petition for review.
(c) In a special adjudicative proceeding to review a permit order, the permittee is a
party to the special adjudicative proceeding regardless of who files the petition for review and
does not need to file a petition to intervene under Subsection (7)(b).
(d) An administrative law judge shall grant a petition to intervene in a special
adjudicative proceeding, if:
(i) the petition to intervene is timely filed; and
(ii) the petitioner:
(A) demonstrates that the petitioner's legal interests may be substantially affected by
the special adjudicative proceeding;
(B) demonstrates that the interests of justice and the orderly and prompt conduct of the
special adjudicative proceeding will not be materially impaired by allowing the intervention;
and
(C) in the petitioner's petition for review, raises issues or arguments that are preserved
in accordance with Subsection (4).
(e) An administrative law judge:
(i) shall issue an order granting or denying a petition to intervene in accordance with
Subsection 
63G-4-207
(3)(a); and
(ii) may impose conditions on intervenors as described in Subsections 
63G-4-207
(3)(b)
and (c).
(f) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules allowing the extension of the filing deadline described in
Subsection (7)(b).
(8) (a) Unless the parties otherwise agree, the schedule for a special adjudicative
proceeding is as follows:
(i) the director shall file and serve the administrative record within 40 days after the
day on which the executive director issues a notice of appointment, unless otherwise ordered
by the administrative law judge;
(ii) any dispositive motion shall be filed and served within 15 days after the day on
which the administrative record is filed and served;
(iii) the petitioner shall file and serve an opening brief of no more than 30 pages:
(A) within 30 days after the day on which the director files and serves the
administrative record; or
(B) if a party files and serves a dispositive motion, within 30 days after the day on
which the administrative law judge issues a decision on the dispositive motion, including a
decision to defer the motion;
(iv) each party shall file and serve a response brief of no more than 15 pages within 15
days after the day on which the petitioner files and serves the opening brief;
(v) the petitioner may file and serve a reply brief of not more than 15 pages within 15
days after the day on which the response brief is filed and served; and
(vi) if the petitioner files and serves a reply brief, each party may file and serve a
surreply brief of no more than five pages within five business days after the day on which the
petitioner files and serves the reply brief.
(b) (i) A reply brief may not raise an issue that was not raised in the response brief.
(ii) A surreply brief may not raise an issue that was not raised in the reply brief.
(9) (a) An administrative law judge shall conduct a special adjudicative proceeding
based only on the administrative record and not as a trial de novo.
(b) To the extent relative to the issues and arguments raised in the petition for review,
the administrative record consists of the following items, if they exist:
(i) (A) for review of a permit order, the permit application, draft permit, and final
permit; or
(B) for review of a financial assurance determination, the proposed financial assurance
determination from the owner or operator of the facility, the draft financial assurance
determination, and the final financial assurance determination;
(ii) each statement of basis, fact sheet, engineering review, or other substantive
explanation designated by the director as part of the basis for the decision relating to the permit
order or the financial assurance determination;
(iii) the notice and record of each public comment period;
(iv) the notice and record of each public hearing, including oral comments made during
the public hearing;
(v) written comments submitted during the public comment period;
(vi) responses to comments that are designated by the director as part of the basis for
the decision relating to the permit order or the financial assurance determination;
(vii) any information that is:
(A) requested by and submitted to the director; and
(B) designated by the director as part of the basis for the decision relating to the permit
order or the financial assurance determination;
(viii) any additional information specified by rule;
(ix) any additional documents agreed to by the parties; and
(x) information supplementing the record under Subsection (9)(c).
(c) (i) There is a rebuttable presumption against supplementing the record.
(ii) A party may move to supplement the record described in Subsection (9)(b) with
technical or factual information.
(iii) The administrative law judge may grant a motion to supplement the record
described in Subsection (9)(b) with technical or factual information if the moving party proves
that:
(A) good cause exists for supplementing the record;
(B) supplementing the record is in the interest of justice; and
(C) supplementing the record is necessary for resolution of the issues.
(iv) The department may, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, make rules permitting further supplementation of the record.
(10) (a) Except as otherwise provided by this section, the administrative law judge shall
review and respond to a petition for review in accordance with Subsections 
63G-4-201
(3)(d)
and (e), following the relevant procedures for formal adjudicative proceedings.
(b) The administrative law judge shall require the parties to file responsive briefs in
accordance with Subsection (8).
(c) If an administrative law judge enters an order of default against a party, the
administrative law judge shall enter the order of default in accordance with Section 
63G-4-209
.
(d) The administrative law judge, in conducting a special adjudicative proceeding:
(i) may not participate in an ex parte communication with a party to the special
adjudicative proceeding regarding the merits of the special adjudicative proceeding unless
notice and an opportunity to be heard are afforded to all parties; and
(ii) shall, upon receiving an ex parte communication, place the communication in the
public record of the proceeding and afford all parties an opportunity to comment on the
information.
(e) In conducting a special adjudicative proceeding, the administrative law judge may
take judicial notice of matters not in the administrative record, in accordance with Utah Rules
of Evidence, Rule 201.
(f) An administrative law judge may take any action in a special adjudicative
proceeding that is not a dispositive action.
(11) (a) A person who files a petition for review has the burden of demonstrating that
an issue or argument raised in the petition for review has been preserved in accordance with
Subsection (4).
(b) The administrative law judge shall dismiss, with prejudice, any issue or argument
raised in a petition for review that has not been preserved in accordance with Subsection (4).
(12) In response to a dispositive motion, within 45 days after the day on which oral
argument takes place, or, if there is no oral argument, within 45 days after the day on which the
reply brief on the dispositive motion is due, the administrative law judge shall:
(a) submit a proposed dispositive action to the executive director recommending full or
partial resolution of the special adjudicative proceeding, that includes:
(i) written findings of fact;
(ii) written conclusions of law; and
(iii) a recommended order; or
(b) if the administrative law judge determines that a full or partial resolution of the
special adjudicative proceeding is not appropriate, issue an order that explains the basis for the
administrative law judge's determination.
(13) For each issue or argument that is not dismissed or otherwise resolved under
Subsection (11)(b) or (12), the administrative law judge shall:
(a) provide the parties an opportunity for briefing and oral argument in accordance with
this section;
(b) conduct a review of the director's order or determination, based on the record
described in Subsections (9)(b), (9)(c), and (10)(e); and
(c) within 60 days after the day on which the reply brief on the dispositive motion is
due, submit to the executive director a proposed dispositive action, that includes:
(i) written findings of fact;
(ii) written conclusions of law; and
(iii) a recommended order.
(14) (a) When the administrative law judge submits a proposed dispositive action to
the executive director, the executive director may:
(i) adopt, adopt with modifications, or reject the proposed dispositive action; or
(ii) return the proposed dispositive action to the administrative law judge for further
action as directed.
(b) On review of a proposed dispositive action, the executive director shall uphold all
factual, technical, and scientific agency determinations that are not clearly erroneous based on
the petitioner's marshaling of the evidence.
(c) In reviewing a proposed dispositive action during a special adjudicative proceeding,
the executive director may take judicial notice of matters not in the record, in accordance with
Utah Rules of Evidence, Rule 201.
(d) The executive director may use the executive director's technical expertise in
making a determination.
(15) (a) A party may seek judicial review in the Utah Court of Appeals of a dispositive
action in a special adjudicative proceeding, in accordance with Sections 
63G-4-401
,
63G-4-403
, and 
63G-4-405
.
(b) An appellate court shall limit its review of a dispositive action of a special
adjudicative proceeding under this section to:
(i) the record described in Subsections (9)(b), (9)(c), (10)(e), and (14)(c); and
(ii) the record made by the administrative law judge and the executive director during
the special adjudicative proceeding.
(c) During judicial review of a dispositive action, the appellate court shall:
(i) review all agency determinations in accordance with Subsection 
63G-4-403
(4),
recognizing that the agency has been granted substantial discretion to interpret its governing
statutes and rules; and
(ii) uphold all factual, technical, and scientific agency determinations that are not
clearly erroneous based upon the petitioner's marshaling of the evidence.
(16) (a) The filing of a petition for review does not:
(i) stay a permit order or a financial assurance determination; or
(ii) delay the effective date of a permit order or a portion of a financial assurance
determination.
(b) A permit order or a financial assurance determination may not be stayed or delayed
unless a stay is granted under this Subsection (16).
(c) The administrative law judge shall:
(i) consider a party's motion to stay a permit order or a financial assurance
determination during a special adjudicative proceeding; and
(ii) within 45 days after the day on which the reply brief on the motion to stay is due,
submit a proposed determination on the stay to the executive director.
(d) The administrative law judge may not recommend to the executive director a stay
of a permit order or a financial assurance determination, or a portion of a permit order or a
portion of a financial assurance determination, unless:
(i) all parties agree to the stay; or
(ii) the party seeking the stay demonstrates that:
(A) the party seeking the stay will suffer irreparable harm unless the stay is issued;
(B) the threatened injury to the party seeking the stay outweighs whatever damage the
proposed stay is likely to cause the party restrained or enjoined;
(C) the stay, if issued, would not be adverse to the public interest; and
(D) there is a substantial likelihood that the party seeking the stay will prevail on the
merits of the underlying claim, or the case presents serious issues on the merits, which should
be the subject of further adjudication.
(e) A party may appeal the executive director's decision regarding a stay of a permit
order or a financial assurance determination to the Utah Court of Appeals, in accordance with
Section 
78A-4-103
.
(17) (a) Subject to Subsection (17)(c), the administrative law judge shall issue a written
response to a non-dispositive motion within 45 days after the day on which the reply brief on
the non-dispositive motion is due or, if the administrative law judge grants oral argument on
the non-dispositive motion, within 45 days after the day on which oral argument takes place.
(b) If the administrative law judge determines that the administrative law judge needs
more time to issue a response to a non-dispositive motion, the administrative law judge may
issue a response after the deadline described in Subsection (17)(a) if, before the deadline
expires, the administrative law judge gives notice to the parties that includes:
(i) the amount of additional time that the administrative law judge requires; and
(ii) the reason the administrative law judge needs the additional time.
(c) If the administrative law judge grants oral argument on a non-dispositive motion,
the administrative law judge shall hold the oral argument within 30 days after the day on which
the reply brief on the non-dispositive motion is due.
Section 15. Section 
20A-1-306
 is amended to read:
20A-1-306.
Electronic signatures prohibited.
Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
Subsections 
68-3-12
(1)(e) and 
68-3-12.5
[
(26)
]
(27)
 and [
(35)
] 
(38)
, an electronic signature may
not be used to sign a petition to:
(1) qualify a ballot proposition for the ballot under Chapter 7, Issues Submitted to the
Voters;
(2) organize and register a political party under Chapter 8, Political Party Formation
and Procedures; or
(3) qualify a candidate for the ballot under Chapter 9, Candidate Qualifications and
Nominating Procedures.
Section 16. Section 
20A-7-702
 is amended to read:
20A-7-702.
Voter information pamphlet -- Form -- Contents -- Distribution.
(1) The lieutenant governor shall ensure that all information submitted for publication
in the voter information pamphlet is:
(a) printed and bound in a single pamphlet;
(b) printed in clear readable type, no less than 10 point, except that the text of any
measure may be set forth in eight-point type; and
(c) printed on a quality and weight of paper that best serves the voters.
(2) The voter information pamphlet shall contain the following items in this order:
(a) a cover title page;
(b) an introduction to the pamphlet by the lieutenant governor;
(c) a table of contents;
(d) a list of all candidates for constitutional offices;
(e) a list of candidates for each legislative district;
(f) a 100-word statement of qualifications for each candidate for the office of governor,
lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
candidate to the lieutenant governor's office before 5 p.m. on the date that falls 105 days before
the date of the election;
(g) information pertaining to all measures to be submitted to the voters, beginning a
new page for each measure and containing, in the following order for each measure:
(i) a copy of the number and ballot title of the measure;
(ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
the Legislature or by referendum;
(iii) the impartial analysis of the measure prepared by the Office of Legislative
Research and General Counsel;
(iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
measure, the arguments against the measure, and the rebuttal to the arguments against the
measure, with the name and title of the authors at the end of each argument or rebuttal;
(v) for each constitutional amendment, a complete copy of the text of the constitutional
amendment, with all new language underlined, and all deleted language placed within brackets;
(vi) for each initiative qualified for the ballot, a copy of the measure as certified by the
lieutenant governor and a copy of the fiscal impact estimate prepared according to Section
20A-7-202.5
; and
(vii) for each referendum qualified for the ballot, a complete copy of the text of the law
being submitted to the voters for their approval or rejection, with all new language underlined
and all deleted language placed within brackets, as applicable;
(h) a description provided by the Judicial Performance Evaluation Commission of the
selection and retention process for judges, including, in the following order:
(i) a description of the judicial selection process;
(ii) a description of the judicial performance evaluation process;
(iii) a description of the judicial retention election process;
(iv) a list of the criteria of the judicial performance evaluation and the minimum
performance standards;
(v) the names of the judges standing for retention election; and
(vi) for each judge:
(A) a list of the counties in which the judge is subject to retention election;
(B) a short biography of professional qualifications and a recent photograph;
(C) a narrative concerning the judge's performance;
(D) for each standard of performance, a statement identifying whether or not the judge
met the standard and, if not, the manner in which the judge failed to meet the standard;
(E) a statement identifying whether or not the Judicial Performance Evaluation
Commission recommends the judge be retained or declines to make a recommendation and the
number of votes for and against the commission's recommendation;
(F) any statement provided by a judge who is not recommended for retention by the
Judicial Performance Evaluation Commission under Section 
78A-12-203
;
(G) in a bar graph, the average of responses to each survey category, displayed with an
identification of the minimum acceptable score as set by Section 
78A-12-205
 and the average
score of all judges of the same court level; and
(H) a website address that contains the Judicial Performance Evaluation Commission's
report on the judge's performance evaluation;
(i) for each judge, a statement provided by the Utah Supreme Court identifying the
cumulative number of informal reprimands, when consented to by the judge in accordance with
Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
censure and suspension issued by the Utah Supreme Court under Utah Constitution
,
 Article
VIII, Section 13, during the judge's current term and the immediately preceding term, and a
detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
that the judge has received;
(j) an explanation of ballot marking procedures prepared by the lieutenant governor,
indicating the ballot marking procedure used by each county and explaining how to mark the
ballot for each procedure;
(k) voter registration information, including information on how to obtain an absentee
ballot;
(l) a list of all county clerks' offices and phone numbers; and
(m) on the back cover page, a printed copy of the following statement signed by the
lieutenant governor:
"I, _______________ (print name), Lieutenant Governor of Utah, certify that the
measures contained in this pamphlet will be submitted to the voters of Utah at the election to
be held throughout the state on ____ (date of election), and that this pamphlet is complete and
correct according to law.
SEAL
Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
of ____ (month), ____ (year)
(signed) ____________________________________
Lieutenant Governor"
(3) No earlier than 75 days, and no later than 15 days, before the day on which voting
commences, the lieutenant governor shall:
(a) (i) distribute one copy of the voter information pamphlet to each household within
the state;
(ii) distribute to each household within the state a notice:
(A) printed on a postage prepaid, preaddressed return form that a person may use to
request delivery of a voter information pamphlet by mail;
(B) that states the address of the Statewide Electronic Voter Information Website
authorized by Section 
20A-7-801
; and
(C) that states the phone number a voter may call to request delivery of a voter
information pamphlet by mail; or
(iii) ensure that one copy of the voter information pamphlet is placed in one issue of
every newspaper of general circulation in the state;
(b) ensure that a sufficient number of printed voter information pamphlets are available
for distribution as required by this section;
(c) provide voter information pamphlets to each county clerk for free distribution upon
request and for placement at polling places; and
(d) ensure that the distribution of the voter information pamphlets is completed 15 days
before the election.
(4) The lieutenant governor may distribute a voter information pamphlet at a location
frequented by a person who cannot easily access the Statewide Electronic Voter Information
Website authorized by Section 
20A-7-801
.
[
(5) The lieutenant governor shall:
]
[
(a) conduct a study to evaluate the effectiveness of the notice authorized by this
section; and
]
[
(b) provide the results of a study described in Subsection (5)(a) to the Government
Operations Interim Committee by October 1, 2013.
]
Section 17. Section 
26-37a-102
 is amended to read:
26-37a-102.
Definitions.
As used in this chapter:
(1) "Ambulance 
service
 provider" means:
(a) an ambulance provider as defined in Section 
26-8a-102
; or
(b) a non-911 service provider as defined in Section 
26-8a-102
.
(2) "Assessment" means the Medicaid ambulance 
service
 provider assessment
established by this chapter.
(3) "Division" means the Division of Health Care Financing within the department.
(4) "Non-federal portion" means the non-federal share the division needs to seed
amounts that will support fee-for-service ambulance 
service
 provider rates, as described in
Section 
26-37a-105
.
(5) "Total transports" means the number of total ambulance transports applicable to a
given fiscal year, as determined under Subsection 
26-37a-104
(5).
Section 18. Section 
31A-22-619.6
 is amended to read:
31A-22-619.6.
Coordination of benefits with workers' compensation claim --
Health insurer's duty to pay.
(1) As used in this section:
(a) "Employee" means an employee, worker, or operative as defined in Section
34A-2-104
.
(b) "Employer" is as enumerated and defined in Section 
34A-2-103
.
(c) "Health benefit plan":
(i) 
means the same as that term
 is [
as
] defined in Section 
31A-1-301
;
(ii) includes:
(A) a health maintenance organization;
(B) a third party administrator that offers, sells, manages, or administers a health
benefit plan; and
(C) the Public Employees' Benefit and Insurance Program created in Section
49-20-103
; and
(iii) excludes a health benefit plan offered by an insurer that has a market share in the
state's fully insured market that is less than 2%, as determined in the department's annual
Market Share Report published by the department.
(d) "Workers' compensation carrier" means any of the entities an employer may use to
provide workers' compensation benefits for its employees under Section 
34A-2-201
.
(e) "Workers' compensation claim" means a claim for compensation for medical
benefits under Title 34A, Chapter 2, Workers' Compensation Act, or Title 34A, Chapter 3,
Utah Occupational Disease Act.
(2) (a) For medical claims incurred on or after July 1, 2014, an employee's health
benefit plan may not delay or deny payment of benefits due to the employee under the terms of
a health benefit plan by claiming that treatment for the employee's injury or disease is the
responsibility of the employer's workers' compensation carrier if:
(i) the employee or a health care provider on behalf of an employee files an application
for hearing regarding the workers' compensation claim with the Division of Adjudication under
Section 
34A-2-801
; and
(ii) the health benefit plan received a notice from the Labor Commission that an
application for hearing was filed in accordance with Subsection (2)(a)(i).
(b) The Labor Commission shall provide the notice required by Subsection (2)(a)(ii) in
accordance with Subsection 
34A-2-213
(2).
(3) A health benefit plan that receives a medical claim from the employee or a health
care provider and a notice from the Labor Commission in accordance with Subsection (2):
(a) shall pay the medical claim directly to the health care provider in the dollar amount
paid under the limits, terms, and conditions of the employee's health benefit plan; and
(b) may send a notice to the Labor Commission or the attorney for the injured worker
informing the parties that the health benefit plan paid a claim under the provisions of this
section.
(4) If the claims for medical services paid pursuant to Subsection (3) are determined to
be compensable by the workers' compensation carrier in a final order 
under Section 
34A-2-801
or under the terms of a settlement agreement under Section [
34A-2-801
] 
34A-2-420
, the
workers' compensation carrier shall pay the health benefit plan and employee in accordance
with Subsection 
34A-2-213
(3)(b).
(5) (a) A health care provider who receives payment for a medical claim from a health
benefit plan under the provisions of Subsection (3) may not request additional payment for the
medical claim from the workers' compensation carrier if the final order 
under Section
34A-2-801
 or terms of the settlement agreement under Section [
34A-2-801
] 
34A-2-420
determine that the medical claim was compensable by the workers' compensation carrier.
(b) A health benefit plan that is reimbursed under the provisions of Subsection
34A-2-213
(3) for a medical claim may not seek reimbursement or autorecovery from the health
care provider for any difference between the amount of the claim paid by the health benefit
plan and the reimbursement to the health benefit plan by the workers' compensation carrier
under Subsection 
34A-2-213
(3).
(c) If a final order of the Labor Commission 
under Section 
34A-2-801
 or the terms of a
settlement agreement under Section [
34A-2-801
] 
34A-2-420
 determines that a medical claim is
compensable by the workers' compensation carrier, the workers' compensation carrier may not
seek reimbursement or autorecovery from a health care provider for any part of the medical
claim that is the responsibility of the workers' compensation carrier under the order or
settlement agreement.
(6) This section sunsets in accordance with Section 
63I-1-231
.
Section 19. Section 
31A-33-106
 is amended to read:
31A-33-106.
Board of directors -- Status of the fund in relationship to the state.
(1) There is created a board of directors of the Workers' Compensation Fund.
(2) The board shall consist of seven directors.
(3) One director shall be the chief executive officer of the fund.
(4) (a) In accordance with a plan that meets the requirements of this section and the
fund's articles of incorporation and bylaws, the board shall nominate and the policyholders
shall elect six public directors as follows:
(i) four directors who are owners, officers, or employees of policyholders, each of
whom is an owner, officer, or employee of a policyholder that has been insured by the Workers'
Compensation Fund for at least one year before the election of the director representing the
policyholder; and
(ii) two directors from the public in general.
(b) The plan described in Subsection (4)(a) shall comply with Section 
31A-5-409
 to the
extent that Section 
31A-5-409
 does not conflict with this section.
(5) No two directors may represent or be employed by the same policyholder.
(6) At least five directors elected by the policyholders shall have had previous
experience in:
(a) the actuarial profession;
(b) accounting;
(c) investments;
(d) risk management;
(e) occupational safety;
(f) casualty insurance; or
(g) the legal profession.
(7) A director who represents a policyholder that fails to maintain workers'
compensation insurance through the Workers' Compensation Fund shall immediately resign
from the board.
(8) A person may not be a director if that person:
(a) has any interest as a stockholder, employee, attorney, or contractor of a competing
insurance carrier providing workers' compensation insurance in Utah;
(b) fails to meet or comply with the conflict of interest policies established by the
board; or
(c) is not bondable.
(9) After notice and a hearing, the board may remove any director for cause which
includes:
(a) neglect of duty; or
(b) malfeasance.
(10) (a) Except as required by Subsection (10)(b), the term of office of the directors
elected by the policyholders shall be four years, beginning July 1 of the year of [
appointment
]
election
.
(b) Notwithstanding the requirements of Subsection (10)(a), the board shall, at the time
of election or reelection, adjust the length of terms to ensure that no more than two terms
expire in a calendar year.
(11) A director shall hold office until the director's successor is selected and qualified.
(12) When a vacancy occurs in the membership of the board for any reason, the
replacement shall be appointed by a majority of the board for the unexpired term, after which
time the replacement shall stand for policyholder election as described in the fund's articles of
incorporation and bylaws.
(13) The board shall annually elect a chair and other officers as needed from its
membership.
(14) (a) The board shall meet at least quarterly at a time and place designated by the
chair.
(b) The chair:
(i) may call board meetings more frequently than quarterly; and
(ii) shall call additional board meetings if requested to do so by a majority of the board.
(15) Four directors are a quorum for the purpose of transacting all business of the
board.
(16) Each decision of the board requires the affirmative vote of at least four directors
for approval.
(17) (a) (i) A director may receive compensation and be reimbursed for reasonable
expenses incurred in the performance of the director's official duties:
(A) as determined by the board of directors; and
(B) if the aggregate of compensation paid to all directors of the Workers'
Compensation Fund in a calendar year is less than or equal to the amount described in
Subsection (17)(a)(ii).
(ii) (A) For the period beginning January 1, 2016, and ending December 31, 2016, the
amount described in Subsection (17)(a)(i)(B) is $150,000.
(B) For calendar years beginning on or after January 1, 2017, the amount described in
Subsection (17)(a)(i)(B) is the sum of the amount under this Subsection (17)(a) for the previous
year and an amount equal to the greater of:
(I) an amount calculated by multiplying the amount under this Subsection (17)(a) for
the previous year by the actual percent change during the previous calendar year in the
consumer price index; and
(II) 0.
(C) For purposes of this Subsection (17), the consumer price index shall be calculated
as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
(b) Directors may decline to receive compensation and expenses for their service.
(c) The Worker's Compensation Fund shall pay compensation to and reimburse
reasonable expenses of directors as permitted by this section:
(i) from the Injury Fund; and
(ii) upon vouchers drawn in the same manner as the Workers' Compensation Fund pays
its normal operating expenses.
(d) The chief executive officer of the Workers' Compensation Fund shall serve on the
board without payment of compensation, but may be reimbursed for reasonable expenses in
accordance with Subsection (17)(a).
(e) The Workers' Compensation Fund shall annually report to the commissioner
compensation and expenses paid to the directors on the board.
(18) The placement of this chapter in this title does not:
(a) remove from the board of directors the managerial, financial, or operational control
of the Workers' Compensation Fund;
(b) give to the state or the governor managerial, financial, or operational control of the
Workers' Compensation Fund;
(c) consistent with Section 
31A-33-105
, cause the state to be liable for any:
(i) obligation of the Workers' Compensation Fund; or
(ii) expense, liability, or debt described in Section 
31A-33-105
;
(d) alter the legal status of the Workers' Compensation Fund as:
(i) a nonprofit, self-supporting, quasi-public corporation; and
(ii) an insurer:
(A) regulated under this title;
(B) that is structured to operate in perpetuity; and
(C) domiciled in the state; or
(e) alter the requirement that the Workers' Compensation Fund provide workers'
compensation:
(i) for the purposes set forth in Section 
31A-33-102
;
(ii) consistent with Section 
34A-2-201
; and
(iii) as provided in Section 
31A-22-1001
.
Section 20. Section 
31A-37-301
 is amended to read:
31A-37-301.
Incorporation -- Organization.
(1) A pure captive insurance company or a sponsored captive insurance company shall
be incorporated as a stock insurer with the capital of the pure captive insurance company or
sponsored captive insurance company:
(a) divided into shares; and
(b) held by the stockholders of the pure captive insurance company or sponsored
captive insurance company.
(2) A pure captive insurance company or a sponsored captive insurance company
formed as a limited liability company shall be organized as a members' interest insurer with the
capital of the pure captive insurance company or sponsored captive insurance company:
(a) divided into interests; and
(b) held by the members of the pure captive insurance company or sponsored captive
insurance company.
(3) An association captive insurance company or an industrial insured captive
insurance company may be:
(a) incorporated as a stock insurer with the capital of the association captive insurance
company or industrial insured captive insurance company:
(i) divided into shares; and
(ii) held by the stockholders of the association captive insurance company or industrial
insured captive insurance company;
(b) incorporated as a mutual insurer without capital stock, with a governing body
elected by the member organizations of the association captive insurance company or industrial
insured captive insurance company; or
(c) organized as a reciprocal.
(4) A captive insurance company formed as a corporation may not have fewer than
three incorporators of whom one shall be a resident of this state.
(5) A captive insurance company formed as a limited liability company may not have
fewer than three organizers of whom one shall be a resident of this state.
(6) (a) Before a captive insurance company formed as a corporation files the
corporation's articles of incorporation with the Division of Corporations and Commercial
Code, the incorporators shall obtain from the commissioner a certificate finding that the
establishment and maintenance of the proposed corporation will promote the general good of
the state.
(b) In considering a request for a certificate under Subsection (6)(a), the commissioner
shall consider:
(i) the character, reputation, financial standing, and purposes of the incorporators;
(ii) the character, reputation, financial responsibility, insurance experience, and
business qualifications of the officers and directors;
(iii) any information in:
(A) the application for a certificate of authority; or
(B) the department's files; and
(iv) other aspects that the commissioner considers advisable.
(7) (a) Before a captive insurance company formed as a limited liability company files
the limited liability company's [
articles
] 
certificate
 of organization with the Division of
Corporations and Commercial Code, the limited liability company shall obtain from the
commissioner a certificate finding that the establishment and maintenance of the proposed
limited liability company will promote the general good of the state.
(b) In considering a request for a certificate under Subsection (7)(a), the commissioner
shall consider:
(i) the character, reputation, financial standing, and purposes of the organizers;
(ii) the character, reputation, financial responsibility, insurance experience, and
business qualifications of the managers;
(iii) any information in:
(A) the application for a certificate of authority; or
(B) the department's files; and
(iv) other aspects that the commissioner considers advisable.
(8) (a) A captive insurance company formed as a corporation shall file with the
Division of Corporations and Commercial Code:
(i) the captive insurance company's articles of incorporation;
(ii) the certificate issued pursuant to Subsection (6); and
(iii) the fees required by the Division of Corporations and Commercial Code.
(b) The Division of Corporations and Commercial Code shall file both the articles of
incorporation and the certificate described in Subsection (6) for a captive insurance company
that complies with this section.
(9) (a) A captive insurance company formed as a limited liability company shall file
with the Division of Corporations and Commercial Code:
(i) the captive insurance company's certificate of organization;
(ii) the certificate issued pursuant to Subsection (7); and
(iii) the fees required by the Division of Corporations and Commercial Code.
(b) The Division of Corporations and Commercial Code shall file both the certificate
of organization and the certificate described in Subsection (7) for a captive insurance company
that complies with this section.
(10) (a) The organizers of a captive insurance company formed as a reciprocal insurer
shall obtain from the commissioner a certificate finding that the establishment and maintenance
of the proposed association will promote the general good of the state.
(b) In considering a request for a certificate under Subsection (10)(a), the
commissioner shall consider:
(i) the character, reputation, financial standing, and purposes of the incorporators;
(ii) the character, reputation, financial responsibility, insurance experience, and
business qualifications of the officers and directors;
(iii) any information in:
(A) the application for a certificate of authority; or
(B) the department's files; and
(iv) other aspects that the commissioner considers advisable.
(11) (a) An alien captive insurance company that has received a certificate of authority
to act as a branch captive insurance company shall obtain from the commissioner a certificate
finding that:
(i) the home state of the alien captive insurance company imposes statutory or
regulatory standards in a form acceptable to the commissioner on companies transacting the
business of insurance in that state; and
(ii) after considering the character, reputation, financial responsibility, insurance
experience, and business qualifications of the officers and directors of the alien captive
insurance company, and other relevant information, the establishment and maintenance of the
branch operations will promote the general good of the state.
(b) After the commissioner issues a certificate under Subsection (11)(a) to an alien
captive insurance company, the alien captive insurance company may register to do business in
this state.
(12) At least one of the members of the board of directors of a captive insurance
company formed as a corporation shall be a resident of this state.
(13) At least one of the managers of a limited liability company shall be a resident of
this state.
(14) At least one of the members of the subscribers' advisory committee of a captive
insurance company formed as a reciprocal insurer shall be a resident of this state.
(15) (a) A captive insurance company formed as a corporation under this chapter has
the privileges and is subject to the provisions of the general corporation law as well as the
applicable provisions contained in this chapter.
(b) If a conflict exists between a provision of the general corporation law and a
provision of this chapter, this chapter shall control.
(c) Except as provided in Subsection (15)(d), the provisions of this title pertaining to a
merger, consolidation, conversion, mutualization, and redomestication apply in determining the
procedures to be followed by a captive insurance company in carrying out any of the
transactions described in those provisions.
(d) Notwithstanding Subsection (15)(c), the commissioner may waive or modify the
requirements for public notice and hearing in accordance with rules adopted under Section
31A-37-106
.
(e) If a notice of public hearing is required, but no one requests a hearing, the
commissioner may cancel the public hearing.
(16) (a) A captive insurance company formed as a limited liability company under this
chapter has the privileges and is subject to Title 48, Chapter 2c, Utah Revised Limited Liability
Company Act, or Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act,
as appropriate pursuant to Section 
48-3a-1405
, as well as the applicable provisions in this
chapter.
(b) If a conflict exists between a provision of the limited liability company law and a
provision of this chapter, this chapter controls.
(c) The provisions of this title pertaining to a merger, consolidation, conversion,
mutualization, and redomestication apply in determining the procedures to be followed by a
captive insurance company in carrying out any of the transactions described in those
provisions.
(d) Notwithstanding Subsection (16)(c), the commissioner may waive or modify the
requirements for public notice and hearing in accordance with rules adopted under Section
31A-37-106
.
(e) If a notice of public hearing is required, but no one requests a hearing, the
commissioner may cancel the public hearing.
(17) (a) A captive insurance company formed as a reciprocal insurer under this chapter
has the powers set forth in Section 
31A-4-114
 in addition to the applicable provisions of this
chapter.
(b) If a conflict exists between the provisions of Section 
31A-4-114
 and the provisions
of this chapter with respect to a captive insurance company, this chapter shall control.
(c) To the extent a reciprocal insurer is made subject to other provisions of this title
pursuant to Section 
31A-14-208
, the provisions are not applicable to a reciprocal insurer
formed under this chapter unless the provisions are expressly made applicable to a captive
insurance company under this chapter.
(d) In addition to the provisions of this Subsection (17), a captive insurance company
organized as a reciprocal insurer that is an industrial insured group has the privileges of Section
31A-4-114
 in addition to applicable provisions of this title.
(18) (a) The articles of incorporation or bylaws of a captive insurance company formed
as a corporation may not authorize a quorum of a board of directors to consist of fewer than
one-third of the fixed or prescribed number of directors as provided in Section 
16-10a-824
.
(b) The certificate of organization of a captive insurance company formed as a limited
liability company may not authorize a quorum of a board of managers to consist of fewer than
one-third of the fixed or prescribed number of directors required in Section 
16-10a-824
.
Section 21. Section 
31A-37-502
 is amended to read:
31A-37-502.
Examination.
(1) (a) As provided in this section, the commissioner, or a person appointed by the
commissioner, shall examine each captive insurance company in each five-year period.
(b) The five-year period described in Subsection (1)(a) shall be determined on the basis
of five full annual accounting periods of operation.
(c) The examination is to be made as of:
(i) December 31 of the full [
three
] 
five
-year period; or
(ii) the last day of the month of an annual accounting period authorized for a captive
insurance company under this section.
(d) In addition to an examination required under this Subsection (1), the commissioner,
or a person appointed by the commissioner may examine a captive insurance company
whenever the commissioner determines it to be prudent.
(2) During an examination under this section the commissioner, or a person appointed
by the commissioner, shall thoroughly inspect and examine the affairs of the captive insurance
company to ascertain:
(a) the financial condition of the captive insurance company;
(b) the ability of the captive insurance company to fulfill the obligations of the captive
insurance company; and
(c) whether the captive insurance company has complied with this chapter.
(3) The commissioner may accept a comprehensive annual independent audit in lieu of
an examination:
(a) of a scope satisfactory to the commissioner; and
(b) performed by an independent auditor approved by the commissioner.
(4) A captive insurance company that is inspected and examined under this section
shall pay, as provided in Subsection 
31A-37-202
(6)(b), the expenses and charges of an
inspection and examination.
Section 22. Section 
32B-1-102
 is amended to read:
32B-1-102.
Definitions.
As used in this title:
(1) "Airport lounge" means a business location:
(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(b) that is located at an international airport with a United States Customs office on the
premises of the international airport.
(2) "Airport lounge license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
(3) "Alcoholic beverage" means the following:
(a) beer; or
(b) liquor.
(4) (a) "Alcoholic product" means a product that:
(i) contains at least .5% of alcohol by volume; and
(ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
in an amount equal to or greater than .5% of alcohol by volume.
(b) "Alcoholic product" includes an alcoholic beverage.
(c) "Alcoholic product" does not include any of the following common items that
otherwise come within the definition of an alcoholic product:
(i) except as provided in Subsection (4)(d), an extract;
(ii) vinegar;
(iii) cider;
(iv) essence;
(v) tincture;
(vi) food preparation; or
(vii) an over-the-counter medicine.
(d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
when it is used as a flavoring in the manufacturing of an alcoholic product.
(5) "Alcohol training and education seminar" means a seminar that is:
(a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
(b) described in Section 
62A-15-401
.
(6) "Banquet" means an event:
(a) that is held at one or more designated locations approved by the commission in or
on the premises of a:
(i) hotel;
(ii) resort facility;
(iii) sports center; or
(iv) convention center;
(b) for which there is a contract:
(i) between a person operating a facility listed in Subsection (6)(a) and another person;
and
(ii) under which the person operating a facility listed in Subsection (6)(a) is required to
provide an alcoholic product at the event; and
(c) at which food and alcoholic products may be sold, offered for sale, or furnished.
(7) (a) "Bar" means a surface or structure:
(i) at which an alcoholic product is:
(A) stored; or
(B) dispensed; or
(ii) from which an alcoholic product is served.
(b) "Bar structure" means a surface or structure on a licensed premises if on or at any
place of the surface or structure an alcoholic product is:
(i) stored; or
(ii) dispensed.
(8) (a) Subject to Subsection (8)(d), "beer" means a product that:
(i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol by
volume or 3.2% by weight; and
(ii) is obtained by fermentation, infusion, or decoction of malted grain.
(b) "Beer" may or may not contain hops or other vegetable products.
(c) "Beer" includes a product that:
(i) contains alcohol in the percentages described in Subsection (8)(a); and
(ii) is referred to as:
(A) beer;
(B) ale;
(C) porter;
(D) stout;
(E) lager; or
(F) a malt or malted beverage.
(d) "Beer" does not include a flavored malt beverage.
(9) "Beer-only restaurant license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
(10) "Beer retailer" means a business:
(a) that is engaged, primarily or incidentally, in the retail sale of beer to a patron,
whether for consumption on or off the business premises; and
(b) to whom a license is issued:
(i) for an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise
Beer Retailer Local Authority; or
(ii) for an on-premise beer retailer, in accordance with Chapter 5, Retail License Act,
and Chapter 6, Part 7, On-Premise Beer Retailer License.
(11) "Beer wholesaling license" means a license:
(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
retail licensees or off-premise beer retailers.
(12) "Billboard" means a public display used to advertise, including:
(a) a light device;
(b) a painting;
(c) a drawing;
(d) a poster;
(e) a sign;
(f) a signboard; or
(g) a scoreboard.
(13) "Brewer" means a person engaged in manufacturing:
(a) beer;
(b) heavy beer; or
(c) a flavored malt beverage.
(14) "Brewery manufacturing license" means a license issued in accordance with
Chapter 11, Part 5, Brewery Manufacturing License.
(15) "Certificate of approval" means a certificate of approval obtained from the
department under Section 
32B-11-201
.
(16) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
a bus company to a group of persons pursuant to a common purpose:
(a) under a single contract;
(b) at a fixed charge in accordance with the bus company's tariff; and
(c) to give the group of persons the exclusive use of the passenger bus, coach, or other
motor vehicle, and a driver to travel together to one or more specified destinations.
(17) "Church" means a building:
(a) set apart for worship;
(b) in which religious services are held;
(c) with which clergy is associated; and
(d) that is tax exempt under the laws of this state.
(18) (a) "Club license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Club License.
(b) "Club license" includes:
(i) a dining club license;
(ii) an equity club license;
(iii) a fraternal club license; or
(iv) a social club license.
(19) "Commission" means the Alcoholic Beverage Control Commission created in
Section 
32B-2-201
.
(20) "Commissioner" means a member of the commission.
(21) "Community location" means:
(a) a public or private school;
(b) a church;
(c) a public library;
(d) a public playground; or
(e) a public park.
(22) "Community location governing authority" means:
(a) the governing body of the community location; or
(b) if the commission does not know who is the governing body of a community
location, a person who appears to the commission to have been given on behalf of the
community location the authority to prohibit an activity at the community location.
(23) "Container" means a receptacle that contains an alcoholic product, including:
(a) a bottle;
(b) a vessel; or
(c) a similar item.
(24) "Convention center" means a facility that is:
(a) in total at least 30,000 square feet; and
(b) otherwise defined as a "convention center" by the commission by rule.
(25) (a) Subject to Subsection (25)(b), "counter" means a surface or structure in a
dining area of a licensed premises where seating is provided to a patron for service of food.
(b) "Counter" does not include a surface or structure if on or at any point of the surface
or structure an alcoholic product is:
(i) stored; or
(ii) dispensed.
(26) "Department" means the Department of Alcoholic Beverage Control created in
Section 
32B-2-203
.
(27) "Department compliance officer" means an individual who is:
(a) an auditor or inspector; and
(b) employed by the department.
(28) "Department sample" means liquor that is placed in the possession of the
department for testing, analysis, and sampling.
(29) "Dining club license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
dining club license.
(30) "Director," unless the context requires otherwise, means the director of the
department.
(31) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
title:
(a) against a person subject to administrative action; and
(b) that is brought on the basis of a violation of this title.
(32) (a) Subject to Subsection (32)(b), "dispense" means:
(i) drawing of an alcoholic product:
(A) from an area where it is stored; or
(B) as provided in Subsection 
32B-6-205
(12)(b)(ii), 
32B-6-305
(12)(b)(ii),
32B-6-805
(15)(b)(ii), or 
32B-6-905
(12)(b)(ii); and
(ii) using the alcoholic product described in Subsection (32)(a)(i) on the premises of
the licensed premises to mix or prepare an alcoholic product to be furnished to a patron of the
retail licensee.
(b) The definition of "dispense" in this Subsection (32) applies only to:
(i) a full-service restaurant license;
(ii) a limited-service restaurant license;
(iii) a reception center license; and
(iv) a beer-only restaurant license.
(33) "Distillery manufacturing license" means a license issued in accordance with
Chapter 11, Part 4, Distillery Manufacturing License.
(34) "Distressed merchandise" means an alcoholic product in the possession of the
department that is saleable, but for some reason is unappealing to the public.
(35) "Educational facility" includes:
(a) a nursery school;
(b) an infant day care center; and
(c) a trade and technical school.
(36) "Equity club license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as an
equity club license.
(37) "Event permit" means:
(a) a single event permit; or
(b) a temporary beer event permit.
(38) "Exempt license" means a license exempt under Section 
32B-1-201
 from being
considered in determining the total number of [
a
] retail [
license
] 
licenses
 that the commission
may issue at any time.
(39) (a) "Flavored malt beverage" means a beverage:
(i) that contains at least .5% alcohol by volume;
(ii) that is treated by processing, filtration, or another method of manufacture that is not
generally recognized as a traditional process in the production of a beer as described in 27
C.F.R. Sec. 25.55;
(iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
extract; and
(iv) (A) for which the producer is required to file a formula for approval with the
federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
(B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
(b) "Flavored malt beverage" is considered liquor for purposes of this title.
(40) "Fraternal club license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the commission
as a fraternal club license.
(41) "Full-service restaurant license" means a license issued in accordance with
Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
(42) (a) "Furnish" means by any means to provide with, supply, or give an individual
an alcoholic product, by sale or otherwise.
(b) "Furnish" includes to:
(i) serve;
(ii) deliver; or
(iii) otherwise make available.
(43) "Guest" means an individual who meets the requirements of Subsection
32B-6-407
(9).
(44) "Health care practitioner" means:
(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
Act;
(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
Nurse Practice Act;
(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
Practice Act;
(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
Therapy Practice Act;
(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
Professional Practice Act;
(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act;
(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
Hygienist Practice Act; and
(m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
(45) (a) "Heavy beer" means a product that:
(i) contains more than 4% alcohol by volume; and
(ii) is obtained by fermentation, infusion, or decoction of malted grain.
(b) "Heavy beer" is considered liquor for the purposes of this title.
(46) "Hotel" is as defined by the commission by rule.
(47) "Identification card" means an identification card issued under Title 53, Chapter 3,
Part 8, Identification Card Act.
(48) "Industry representative" means an individual who is compensated by salary,
commission, or other means for representing and selling an alcoholic product of a
manufacturer, supplier, or importer of liquor.
(49) "Industry representative sample" means liquor that is placed in the possession of
the department for testing, analysis, and sampling by a local industry representative on the
premises of the department to educate the local industry representative of the quality and
characteristics of the product.
(50) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
of an alcoholic product is prohibited by:
(a) law; or
(b) court order.
(51) "Intoxicated" means that a person:
(a) is significantly impaired as to the person's mental or physical functions as a result of
the use of:
(i) an alcoholic product;
(ii) a controlled substance;
(iii) a substance having the property of releasing toxic vapors; or
(iv) a combination of Subsections (51)(a)(i) through (iii); and
(b) exhibits plain and easily observed outward manifestations of behavior or physical
signs produced by the overconsumption of an alcoholic product.
(52) "Investigator" means an individual who is:
(a) a department compliance officer; or
(b) a nondepartment enforcement officer.
(53) "Invitee" 
means the same as that term
 is [
as
] defined in Section 
32B-8-102
.
(54) "License" means:
(a) a retail license;
(b) a license issued in accordance with Chapter 11, Manufacturing and Related
Licenses Act;
(c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
or
(d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
(55) "Licensee" means a person who holds a license.
(56) "Limited-service restaurant license" means a license issued in accordance with
Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
(57) "Limousine" means a motor vehicle licensed by the state or a local authority, other
than a bus or taxicab:
(a) in which the driver and a passenger are separated by a partition, glass, or other
barrier;
(b) that is provided by a business entity to one or more individuals at a fixed charge in
accordance with the business entity's tariff; and
(c) to give the one or more individuals the exclusive use of the limousine and a driver
to travel to one or more specified destinations.
(58) (a) (i) "Liquor" means a liquid that:
(A) is:
(I) alcohol;
(II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
(III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
(IV) other drink or drinkable liquid; and
(B) (I) contains at least .5% alcohol by volume; and
(II) is suitable to use for beverage purposes.
(ii) "Liquor" includes:
(A) heavy beer;
(B) wine; and
(C) a flavored malt beverage.
(b) "Liquor" does not include beer.
(59) "Liquor Control Fund" means the enterprise fund created by Section 
32B-2-301
.
(60) "Liquor warehousing license" means a license that is issued:
(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
(b) to a person, other than a licensed manufacturer, who engages in the importation for
storage, sale, or distribution of liquor regardless of amount.
(61) "Local authority" means:
(a) for premises that are located in an unincorporated area of a county, the governing
body of a county; or
(b) for premises that are located in an incorporated city or a town, the governing body
of the city or town.
(62) "Lounge or bar area" is as defined by rule made by the commission.
(63) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
otherwise make an alcoholic product for personal use or for sale or distribution to others.
(64) "Member" means an individual who, after paying regular dues, has full privileges
in an equity club licensee or fraternal club licensee.
(65) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
or homeport facility for a ship:
(i) (A) under the control of the United States Department of Defense; or
(B) of the National Guard;
(ii) that is located within the state; and
(iii) including a leased facility.
(b) "Military installation" does not include a facility used primarily for:
(i) civil works;
(ii) a rivers and harbors project; or
(iii) a flood control project.
(66) "Minor" means an individual under the age of 21 years.
(67) "Nondepartment enforcement agency" means an agency that:
(a) (i) is a state agency other than the department; or
(ii) is an agency of a county, city, or town; and
(b) has a responsibility to enforce one or more provisions of this title.
(68) "Nondepartment enforcement officer" means an individual who is:
(a) a peace officer, examiner, or investigator; and
(b) employed by a nondepartment enforcement agency.
(69) (a) "Off-premise beer retailer" means a beer retailer who is:
(i) licensed in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local
Authority; and
(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
premises.
(b) "Off-premise beer retailer" does not include an on-premise beer retailer.
(70) "On-premise banquet license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
(71) "On-premise beer retailer" means a beer retailer who is:
(a) authorized to sell, offer for sale, or furnish beer under a license issued in
accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
Retailer License; and
(b) engaged in the sale of beer to a patron for consumption on the beer retailer's
premises:
(i) regardless of whether the beer retailer sells beer for consumption off the licensed
premises; and
(ii) on and after March 1, 2012, operating:
(A) as a tavern; or
(B) in a manner that meets the requirements of Subsection 
32B-6-703
(2)(e)(i).
(72) "Opaque" means impenetrable to sight.
(73) "Package agency" means a retail liquor location operated:
(a) under an agreement with the department; and
(b) by a person:
(i) other than the state; and
(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
Agency, to sell packaged liquor for consumption off the premises of the package agency.
(74) "Package agent" means a person who holds a package agency.
(75) "Patron" means an individual to whom food, beverages, or services are sold,
offered for sale, or furnished, or who consumes an alcoholic product including:
(a) a customer;
(b) a member;
(c) a guest;
(d) an attendee of a banquet or event;
(e) an individual who receives room service;
(f) a resident of a resort;
(g) a public customer under a resort spa sublicense, as defined in Section 
32B-8-102
;
or
(h) an invitee.
(76) "Permittee" means a person issued a permit under:
(a) Chapter 9, Event Permit Act; or
(b) Chapter 10, Special Use Permit Act.
(77) "Person subject to administrative action" means:
(a) a licensee;
(b) a permittee;
(c) a manufacturer;
(d) a supplier;
(e) an importer;
(f) one of the following holding a certificate of approval:
(i) an out-of-state brewer;
(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
(g) staff of:
(i) a person listed in Subsections (77)(a) through (f); or
(ii) a package agent.
(78) "Premises" means a building, enclosure, or room used in connection with the
storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
unless otherwise defined in this title or rules made by the commission.
(79) "Prescription" means an order issued by a health care practitioner when:
(a) the health care practitioner is licensed under Title 58, Occupations and Professions,
to prescribe a controlled substance, other drug, or device for medicinal purposes;
(b) the order is made in the course of that health care practitioner's professional
practice; and
(c) the order is made for obtaining an alcoholic product for medicinal purposes only.
(80) (a) "Private event" means a specific social, business, or recreational event:
(i) for which an entire room, area, or hall is leased or rented in advance by an identified
group; and
(ii) that is limited in attendance to people who are specifically designated and their
guests.
(b) "Private event" does not include an event to which the general public is invited,
whether for an admission fee or not.
(81) (a) "Proof of age" means:
(i) an identification card;
(ii) an identification that:
(A) is substantially similar to an identification card;
(B) is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(C) includes date of birth; and
(D) has a picture affixed;
(iii) a valid driver license certificate that:
(A) includes date of birth;
(B) has a picture affixed; and
(C) is issued:
(I) under Title 53, Chapter 3, Uniform Driver License Act; or
(II) in accordance with the laws of the state in which it is issued;
(iv) a military identification card that:
(A) includes date of birth; and
(B) has a picture affixed; or
(v) a valid passport.
(b) "Proof of age" does not include a driving privilege card issued in accordance with
Section 
53-3-207
.
(82) (a) "Public building" means a building or permanent structure that is:
(i) owned or leased by:
(A) the state; or
(B) a local government entity; and
(ii) used for:
(A) public education;
(B) transacting public business; or
(C) regularly conducting government activities.
(b) "Public building" does not include a building owned by the state or a local
government entity when the building is used by a person, in whole or in part, for a proprietary
function.
(83) "Public conveyance" means a conveyance [
to which
] 
that
 the public or a portion of
the public has access to and a right to use for transportation, including an airline, railroad, bus,
boat, or other public conveyance.
(84) "Reception center" means a business that:
(a) operates facilities that are at least 5,000 square feet; and
(b) has as its primary purpose the leasing of the facilities described in Subsection
(84)(a) to a third party for the third party's event.
(85) "Reception center license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 8, Reception Center License.
(86) (a) "Record" means information that is:
(i) inscribed on a tangible medium; or
(ii) stored in an electronic or other medium and is retrievable in a perceivable form.
(b) "Record" includes:
(i) a book;
(ii) a book of account;
(iii) a paper;
(iv) a contract;
(v) an agreement;
(vi) a document; or
(vii) a recording in any medium.
(87) "Residence" means a person's principal place of abode within Utah.
(88) "Resident," in relation to a resort, 
means the same as that term
 is [
as
] defined in
Section 
32B-8-102
.
(89) "Resort" 
means the same as that term
 is [
as
] defined in Section 
32B-8-102
.
(90) "Resort facility" is as defined by the commission by rule.
(91) "Resort license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8, Resort License Act.
(92) "Restaurant" means a business location:
(a) at which a variety of foods are prepared;
(b) at which complete meals are served to the general public; and
(c) that is engaged primarily in serving meals to the general public.
(93) "Retail license" means one of the following licenses issued under this title:
(a) a full-service restaurant license;
(b) a master full-service restaurant license;
(c) a limited-service restaurant license;
(d) a master limited-service restaurant license;
(e) a club license;
(f) an airport lounge license;
(g) an on-premise banquet license;
(h) an on-premise beer license;
(i) a reception center license; or
(j) a beer-only restaurant license.
(94) "Room service" means furnishing an alcoholic product to a person in a guest room
of a:
(a) hotel; or
(b) resort facility.
[
(96)
] 
(95)
 (a) "School" means a building used primarily for the general education of
minors.
(b) "School" does not include an educational facility.
[
(97)
] 
(96)
 "Sell" or "offer for sale" means a transaction, exchange, or barter whereby,
for consideration, an alcoholic product is either directly or indirectly transferred, solicited,
ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether
done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or
the rules made by the commission.
[
(95)
] 
(97)
 "Serve" means to place an alcoholic product before an individual.
(98) "Sexually oriented entertainer" means a person who while in a state of seminudity
appears at or performs:
(a) for the entertainment of one or more patrons;
(b) on the premises of:
(i) a social club licensee; or
(ii) a tavern;
(c) on behalf of or at the request of the licensee described in Subsection (98)(b);
(d) on a contractual or voluntary basis; and
(e) whether or not the person is designated as:
(i) an employee;
(ii) an independent contractor;
(iii) an agent of the licensee; or
(iv) a different type of classification.
(99) "Single event permit" means a permit issued in accordance with Chapter 9, Part 3,
Single Event Permit.
(100) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
beer, heavy beer, and flavored malt beverages per year.
(101) "Social club license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
social club license.
(102) "Special use permit" means a permit issued in accordance with Chapter 10,
Special Use Permit Act.
(103) (a) "Spirituous liquor" means liquor that is distilled.
(b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
(104) "Sports center" is as defined by the commission by rule.
(105) (a) "Staff" means an individual who engages in activity governed by this title:
(i) on behalf of a business, including a package agent, licensee, permittee, or certificate
holder;
(ii) at the request of the business, including a package agent, licensee, permittee, or
certificate holder; or
(iii) under the authority of the business, including a package agent, licensee, permittee,
or certificate holder.
(b) "Staff" includes:
(i) an officer;
(ii) a director;
(iii) an employee;
(iv) personnel management;
(v) an agent of the licensee, including a managing agent;
(vi) an operator; or
(vii) a representative.
(106) "State of nudity" means:
(a) the appearance of:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus; or
(b) a state of dress that fails to opaquely cover:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus.
(107) "State of seminudity" means a state of dress in which opaque clothing covers no
more than:
(a) the nipple and areola of the female human breast in a shape and color other than the
natural shape and color of the nipple and areola; and
(b) the human genitals, pubic area, and anus:
(i) with no less than the following at its widest point:
(A) four inches coverage width in the front of the human body; and
(B) five inches coverage width in the back of the human body; and
(ii) with coverage that does not taper to less than one inch wide at the narrowest point.
(108) (a) "State store" means a facility for the sale of packaged liquor:
(i) located on premises owned or leased by the state; and
(ii) operated by a state employee.
(b) "State store" does not include:
(i) a package agency;
(ii) a licensee; or
(iii) a permittee.
(109) (a) "Storage area" means an area on licensed premises where the licensee stores
an alcoholic product.
(b) "Store" means to place or maintain in a location an alcoholic product from which a
person draws to prepare an alcoholic product to be furnished to a patron, except as provided in
Subsection 
32B-6-205
(12)(b)(ii), 
32B-6-305
(12)(b)(ii), 
32B-6-805
(15)(b)(ii), or
32B-6-905
(12)(b)(ii).
(110) "Sublicense" 
means the same as that term
 is [
as
] defined in Section 
32B-8-102
.
(111) "Supplier" means a person who sells an alcoholic product to the department.
(112) "Tavern" means an on-premise beer retailer who is:
(a) issued a license by the commission in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
On-Premise Beer Retailer License.
(113) "Temporary beer event permit" means a permit issued in accordance with
Chapter 9, Part 4, Temporary Beer Event Permit.
(114) "Temporary domicile" means the principal place of abode within Utah of a
person who does not have a present intention to continue residency within Utah permanently or
indefinitely.
(115) "Translucent" means a substance that allows light to pass through, but does not
allow an object or person to be seen through the substance.
(116) "Unsaleable liquor merchandise" means a container that:
(a) is unsaleable because the container is:
(i) unlabeled;
(ii) leaky;
(iii) damaged;
(iv) difficult to open; or
(v) partly filled;
(b) (i) has faded labels or defective caps or corks;
(ii) has contents that are:
(A) cloudy;
(B) spoiled; or
(C) chemically determined to be impure; or
(iii) contains:
(A) sediment; or
(B) a foreign substance; or
(c) is otherwise considered by the department as unfit for sale.
(117) (a) "Wine" means an alcoholic product obtained by the fermentation of the
natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
another ingredient is added.
(b) "Wine" is considered liquor for purposes of this title, except as otherwise provided
in this title.
(118) "Winery manufacturing license" means a license issued in accordance with
Chapter 11, Part 3, Winery Manufacturing License.
Section 23. Section 
32B-4-415
 is amended to read:
32B-4-415.
Unlawful bringing onto premises for consumption.
(1) Except as provided in Subsection (4), a person may not bring an alcoholic product
for on-premise consumption onto the premises of:
(a) a retail licensee or person required to be licensed under this title as a retail licensee;
(b) an establishment that conducts a business similar to a retail licensee;
(c) an event where an alcoholic product is sold, offered for sale, or furnished under a
single event permit or temporary beer event permit issued under this title; or
(d) an establishment open to the general public.
(2) Except as provided in Subsection (4), the following may not allow a person to bring
onto its premises an alcoholic product for on-premise consumption or allow consumption of an
alcoholic product brought onto its premises in violation of this section:
(a) a retail licensee or a person required to be licensed under this title as a retail
licensee;
(b) an establishment that conducts a business similar to a retail licensee;
(c) a single event permittee or temporary beer event permittee;
(d) an establishment open to the general public; or
(e) staff of a person listed in Subsections (2)(a) through (d).
(3) Except as provided in Subsection (4)(c)(i)(A), a person may not consume an
alcoholic product in a limousine or chartered bus if the limousine or chartered bus drops off a
passenger at a location from which the passenger departs in a private vehicle.
(4) (a) A person may bring bottled wine onto the premises of the following and
consume the wine pursuant to Section 
32B-5-307
:
(i) a full-service restaurant licensee;
(ii) a limited restaurant licensee;
(iii) a club licensee; or
(iv) a person operating under a resort spa sublicense.
(b) A passenger of a limousine may bring onto, possess, and consume an alcoholic
product [
on
] 
in
 the limousine if:
(i) the travel of the limousine begins and ends at:
(A) the residence of the passenger;
(B) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
(C) the temporary domicile of the passenger; and
(ii) the driver of the limousine is separated from the passengers by partition or other
means approved by the department.
(c) A passenger of a chartered bus may bring onto, possess, and consume an alcoholic
product on the chartered bus:
(i) (A) but may consume only during travel to a specified destination of the chartered
bus and not during travel back to the place where the travel begins; or
(B) if the travel of the chartered bus begins and ends at:
(I) the residence of the passenger;
(II) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
(III) the temporary domicile of the passenger; and
(ii) if the chartered bus has a nondrinking designee other than the driver traveling on
the chartered bus to monitor consumption.
(5) A person may bring onto any premises, possess, and consume an alcoholic product
at a private event.
(6) The restrictions of Subsections (2) and (3) apply to a resort licensee or person
operating under a sublicense in relationship to:
(a) the boundary of a resort building; or
(b) a sublicense premises.
Section 24. Section 
32B-6-404
 is amended to read:
32B-6-404.
Types of club license.
(1) To obtain an equity club license, in addition to meeting the other requirements of
this part, a person shall:
(a) whether incorporated or unincorporated:
(i) be organized and operated solely for a social, recreational, patriotic, or fraternal
purpose;
(ii) have members;
(iii) limit access to its licensed premises to a member or a guest of the member; and
(iv) desire to maintain premises upon which an alcoholic product may be stored, sold
to, offered for sale to, furnished to, and consumed by a member or a guest of a member;
(b) own, maintain, or operate a substantial recreational facility in conjunction with a
club house such as:
(i) a golf course; or
(ii) a tennis facility;
(c) have at least 50% of the total membership having:
(i) full voting rights; and
(ii) an equal share of the equity of the club; and
(d) if there is more than one class of membership, have at least one class of
membership that entitles each member in that class to:
(i) full voting rights; and
(ii) an equal share of the equity of the club.
(2) To obtain a fraternal club license, in addition to meeting the other requirements of
this part, a person shall:
(a) whether incorporated or unincorporated:
(i) be organized and operated solely for a social, recreational, patriotic, or fraternal
purpose;
(ii) have members;
(iii) limit access to its licensed premises to a member or a guest of the member; and
(iv) desire to maintain premises upon which an alcoholic product may be stored, sold
to, offered for sale to, furnished to, and consumed by a member or a guest of a member;
(b) have no capital stock;
(c) exist solely for:
(i) the benefit of its members and their beneficiaries; and
(ii) a lawful social, intellectual, educational, charitable, benevolent, moral, fraternal,
patriotic, or religious purpose for the benefit of its members or the public, carried on through
voluntary activity of its members in their local lodges;
(d) have a representative form of government;
(e) have a lodge system in which:
(i) there is a supreme governing body;
(ii) subordinate to the supreme governing body are local lodges, however designated,
into which individuals are admitted as members in accordance with the laws of the fraternal;
(iii) the local lodges are required by the laws of the fraternal to hold regular meetings at
least monthly; and
(iv) the local lodges regularly engage in one or more programs involving member
participation to implement the purposes of Subsection (2)(c); and
(f) own or lease a building or space in a building used for lodge activities.
(3) To obtain a dining club license, in addition to meeting the other requirements of
this part, a person shall:
(a) maintain at least the following percentages of its total club business from the sale of
food, not including mix for alcoholic products, or service charges:
(i) for a dining club license that is issued 
as
 an original license on or after July 1, 2011,
60%; and
(ii) for a dining club license that is issued on or before June 30, 2011:
(A) 50% on or before June 30, 2012; and
(B) 60% on and after July 1, 2012; and
(b) obtain a determination by the commission that the person will operate as a dining
club licensee, as part of which the commission may consider:
(i) the square footage and seating capacity of the premises;
(ii) what portion of the square footage and seating capacity will be used for a dining
area in comparison to the portion that will be used as a lounge or bar area;
(iii) whether full meals including appetizers, main courses, and desserts are served;
(iv) whether the person will maintain adequate on-premise culinary facilities to prepare
full meals, except a person who is located on the premise of a hotel or resort facility may use
the culinary facilities of the hotel or resort facility;
(v) whether the entertainment provided at the club is suitable for minors; and
(vi) the club management's ability to manage and operate a dining club license
including:
(A) management experience;
(B) past dining club licensee or restaurant management experience; and
(C) the type of management scheme used by the dining club license.
(4) To obtain a social club license, a person is required to meet the requirements of this
part except those listed in Subsection (1), (2), or (3).
(5) (a) At the time that the commission issues a club license, the commission shall
designate the type of club license for which the person qualifies.
(b) If requested by a club licensee, the commission may approve a change in the type of
club license in accordance with rules made by the commission.
(6) To the extent not prohibited by law, this part does not prevent a dining club
licensee or social club licensee from restricting access to the club's licensed premises on the
basis of an individual:
(a) paying a fee; or
(b) agreeing to being on a list of individuals who have access to the club's licensed
premises.
Section 25. Section 
34-19-5
 is amended to read:
34-19-5.
Injunctive relief -- When available -- Necessary findings -- Procedure.
(1) No court, nor any judge or judges of a court, shall have jurisdiction to issue a
temporary or permanent injunction in any case involving or growing out of a labor dispute, as
defined in Section 
34-19-11
, except after hearing the testimony of witnesses in open court, with
opportunity for cross-examination, in support of the allegations of a complaint made under oath
and testimony in opposition to it, if offered, and except after findings of all of the facts
described in Subsection (2) by the court, or a judge or judges.
(2) The findings required by Subsection (1) are all of the following:
(a) that unlawful acts have been threatened or committed and will be executed or
continued unless restrained;
(b) that substantial and irreparable injury to property or property rights of the
complainant will follow unless the relief requested is granted;
(c) that as to each item of relief granted greater injury will be inflicted upon
complainant by the denial of it than will be inflicted upon defendants by the granting of it;
(d) that no item of relief granted is relief that a court or judge of it has no jurisdiction to
restrain or enjoin under Section 
34-19-2
;
(e) that the complainant has no adequate remedy at law; and
(f) that the public officers charged with the duty to protect complainant's property have
failed or are unable to furnish adequate protection.
(3) Subject to Subsection (4), the hearing required by Subsection (1) shall be held after
due and personal notice of it has been given, in such manner as the court shall direct, to all
known persons against whom relief is sought, and also to those public officers charged with the
duty to protect complainant's property.
(4) (a) If a complainant shall also allege that unless a temporary restraining order shall
be issued before a hearing may be had, a substantial and irreparable injury to complainant's
property will be unavoidable, a temporary restraining order may be granted upon the expiration
of such reasonable notice of application for the restraining order as the court may direct by
order to show cause, but in no less than 48 hours. This order to show cause shall be served
upon such party or parties as are sought to be restrained and as shall be specified in the order,
and the restraining order shall issue only upon testimony, or in the discretion of the court, upon
affidavits, sufficient, if sustained
,
 to justify the court in issuing a temporary injunction upon a
hearing as provided for in this section.
(b) Such a temporary restraining order shall be effective for no longer than five days,
and at the expiration of said five days shall become void and not subject to renewal or
extension, except that if the hearing for a temporary injunction shall have been begun before
the expiration of the five days, the restraining order may in the court's discretion be continued
until a decision is reached upon the issuance of the temporary injunction.
(5) No temporary restraining order or temporary injunction shall be issued except on
condition that the complainant shall first file an undertaking with adequate security sufficient to
recompense those enjoined for any loss, expense, or damage caused by the improvident or
erroneous issuance of such order or injunction, including all reasonable costs, together with
reasonable attorney fees, and expense against the order or against the granting of any injunctive
relief sought in the same proceeding and subsequently denied by the court. This undertaking
shall be understood to signify an agreement entered into by the complainant and the surety
upon which a decree may be rendered in the same suit or proceeding against such complainant
and surety, the complainant and the surety submitting themselves to the jurisdiction of the court
for that purpose, except that nothing in this Subsection (5) shall deprive any party having a
claim or cause of action under or upon such undertaking from electing to pursue the party's
ordinary remedy by suit at law or in equity.
Section 26. Section 
34-20-3
 is amended to read:
34-20-3.
Labor relations board.
(1) (a) There is created the Labor Relations Board consisting of the following:
(i) the commissioner of the Labor Commission;
(ii) two members appointed by the governor with the consent of the Senate consisting
of:
(A) a representative of employers, [
in making this appointment
] 
in the appointment of
whom
 the governor shall consider nominations from employer organizations; and
(B) a representative of employees, [
in making this appointment
] 
in the appointment of
whom
 the governor shall consider nominations from employee organizations.
(b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed
under Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed
member to a four-year term.
(ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
members appointed under Subsection (1)(a)(ii) are staggered so one member is appointed every
two years.
(c) The commissioner shall serve as chair of the board.
(d) A vacancy occurring on the board for any cause of the members appointed under
Subsection (1)(a)(ii) shall be filled by the governor with the consent of the Senate pursuant to
this section for the unexpired term of the vacating member.
(e) The governor may at any time remove a member appointed under Subsection
(1)(a)(ii) but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for
cause upon a hearing.
(f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any
other office in the government of the United States, this state or any other state, or of any
county government or municipal corporation within a state.
(g) A member appointed under Subsection (1)(a)(ii) may not receive compensation or
benefits for the member's service, but may receive per diem and travel expenses in accordance
with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(2) A meeting of the board may be called:
(a) by the chair; or
(b) jointly by the members appointed under Subsection (1)(a)(ii).
(3) The chair may provide staff and administrative support as necessary from the Labor
Commission.
(4) A vacancy in the board does not impair the right of the remaining members to
exercise all the powers of the board, and two members of the board shall at all times constitute
a quorum.
(5) The board shall have an official seal which shall be judicially noticed.
Section 27. Section 
34-20-8
 is amended to read:
34-20-8.
Unfair labor practices.
(1) It shall be an unfair labor practice for an employer, individually or in concert with
others:
(a) To interfere with, restrain or coerce employees in the exercise of the rights
guaranteed in Section 
34-20-7
.
(b) To dominate or interfere with the formation or administration of any labor
organization or contribute financial or other support to it; provided, that subject to rules and
regulations made and published by the board pursuant to Section 
34-20-6
, an employer is not
prohibited from permitting employees to confer with the employer during working hours
without loss of time or pay.
(c) By discrimination in regard to hire or tenure of employment or any term [
of
] 
or
condition of employment to encourage or discourage membership in any labor organization;
provided, that nothing in this act shall preclude an employer from making an agreement with a
labor organization (not established, maintained or assisted by any action defined in this act as
an unfair labor practice) to require as a condition of employment, membership therein, if such
labor organization is the representative of the employees as provided in Subsection 
34-20-9
(1)
in the appropriate collective bargaining unit covered by such agreement when made.
(d) To refuse to bargain collectively with the representative of a majority of the
employer's employees in any collective bargaining unit; provided, that, when two or more labor
organizations claim to represent a majority of the employees in the bargaining unit, the
employer shall be free to file with the board a petition for investigation of certification of
representatives and during the pendency of the proceedings the employer may not be
considered to have refused to bargain.
(e) To bargain collectively with the representatives of less than a majority of the
employer's employees in a collective bargaining unit.
(f) To discharge or otherwise discriminate against an employee because the employee
has filed charges or given testimony under this chapter.
(2) It shall be an unfair labor practice for an employee individually or in concert with
others:
(a) To coerce or intimidate an employee in the enjoyment of the employee's legal
rights, including those guaranteed in Section 
34-20-7
, or to intimidate the employee's family,
picket the employee's domicile, or injure the person or property of the employee or the
employee's family.
(b) To coerce, intimidate or induce an employer to interfere with any of the employer's
employees in the enjoyment of their legal rights, including those guaranteed in Section 
34-20-7
,
or to engage in any practice with regard to the employer's employees which would constitute an
unfair labor practice if undertaken by the employer on the employer's own initiative.
(c) To co-operate in engaging in, promoting, or inducing picketing (not constituting an
exercise of constitutionally guaranteed free speech), boycotting or any other overt concomitant
of a strike unless a majority in a collective bargaining unit of the employees of an employer
against whom such acts are primarily directed have voted by secret ballot to call a strike.
(d) To hinder or prevent, by mass picketing, threats, intimidation, force, or coercion of
any kind the pursuit of any lawful work or employment, or to obstruct or interfere with
entrance to or egress from any place of employment, or to obstruct or interfere with free and
uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel
or conveyance.
(e) To engage in a secondary boycott; or to hinder or prevent, by threats, intimidation,
force, coercion, or sabotage, the obtaining, use or disposition of materials, equipment, or
services; or to combine or conspire to hinder or prevent the obtaining, use or disposition of
materials, equipment or services, provided, however, that nothing herein shall prevent
sympathetic strikes in support of those in similar occupations working for other employers in
the same craft.
(f) To take unauthorized possession of property of the employer.
(3) It shall be an unfair labor practice for any person to do or cause to be done on
behalf of or in the interest of employers or employees, or in connection with or to influence the
outcome of any controversy as to employment relations, any act prohibited by Subsections (1)
and (2) of this section.
Section 28. Section 
34-30-13
 is amended to read:
34-30-13.
Compliance with federal requirements.
Notwithstanding any other provision in this chapter to the contrary, the governor of the
state of Utah may
,
 in [
his
] 
the governor's
 discretion, elect to suspend the provisions of this
chapter in whole or in part if it becomes necessary to do so in order to comply with
requirements imposed by the government of the United States, in order for the state of Utah to
remain eligible for participation in programs which are financed in whole or in part by the
United States government.
Section 29. Section 
34-38-2
 is amended to read:
34-38-2.
Definitions.
For purposes of this chapter:
(1) "Alcohol" means ethyl alcohol or ethanol.
(2) "Drugs" means a substance recognized as a drug in the United States
Pharmacopoeia, the National Formulary, the Homeopathic Pharmacopoeia, or other drug
compendia, or supplement to any of those compendia.
[
(4)
] 
(3)
 "Employee" means an individual in the service of an employer for
compensation.
[
(3)
] 
(4)
 (a) "Employer" means a person, including a public utility or transit district,
that has one or more workers or operators employed in the same business, or in or about the
same establishment, under any contract of hire, express or implied, oral or written.
(b) "Employer" does not include the federal or state government, or other local political
subdivisions.
(5) "Failed test" means a confirmed drug or alcohol test that indicates that the sample
tested is:
(a) positive;
(b) adulterated; or
(c) substituted.
(6) "Inaccurate test result" means a test result that is treated as a positive test result,
when the sample should not have resulted in a positive test result.
(7) "Licensed physician" means an individual who is licensed:
(a) as a doctor of medicine under Title 58, Chapter 67, Utah Medical Practice Act, or
similar law of another state; or
(b) as an osteopathic physician or surgeon under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, or similar law of another state.
(8) "Prospective employee" means an individual who applies to an employer, either in
writing or orally, to become the employer's employee.
(9) "Sample" means urine, blood, breath, saliva, or hair.
Section 30. Section 
34-41-102
 is amended to read:
34-41-102.
Governmental drug-free workplace policies.
(1) Any local governmental entity or state institution of higher education may establish
workplace policies and procedures designed to:
(a) educate, counsel, and increase awareness of the dangers of drugs; and
(b) prohibit and discourage the detrimental use of drugs among its various classes of
employees and volunteers.
(2) A local governmental entity or state institution of higher education may test
employees, volunteers, prospective employees, and prospective volunteers for the presence of
drugs or their metabolites, in accordance with the provisions of this chapter, as a condition of
hiring, continued employment, and voluntary services.
(3) A drug-free workplace policy may include, but does not require, drug testing under
the following circumstances:
(a) preemployment hiring or volunteer selection procedures;
(b) postaccident investigations;
(c) reasonable suspicion situations;
(d) preannounced periodic testing;
(e) rehabilitation programs;
(f) random testing in safety sensitive positions; or
(g) to comply with the federal Drug Free Workplace Act of 1988, 41 U.S.C. [
through 707
] 
Sec. 8101 et seq.
, or other federally required drug policies.
(4) This section may not be construed to prohibit local governmental entities or state
institutions of higher education from establishing policies regarding other hazardous or
intoxicating substances.
Section 31. Section 
34-45-107
 is amended to read:
34-45-107.
Exemptions -- Limitations on chapter -- School premises --
Government entities -- Religious organizations -- Single family detached residential units.
(1) (a) School premises, as defined in Subsection 
76-3-203.2
(1), are exempt from the
provisions of this chapter.
(b) Possession of a firearm on or about school premises is subject to the provisions of
Section 
76-10-505.5
.
(2) Government entities, including a local authority or state entity, are subject to the
requirements of Title 53, Chapter 5a, Firearm Laws, but are otherwise exempt from the
provisions of this chapter.
(3) Religious organizations, including religious organizations acting as an employer,
are exempt from, and are not subject to the provisions of this chapter.
(4) Owner-occupied single family detached residential units and tenant-occupied single
family detached residential units are exempt from the provisions of this chapter.
(5) A person who is subject to federal law that specifically forbids the presence of a
firearm [
from
] 
on
 property designated for motor vehicle parking, or a person who is subject to
Section 550 of the United States Department of Homeland Security Appropriations Act of
2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section, is exempt
from Section 
34-45-103
 if:
(a) providing alternative parking or a storage location under Subsection
34-45-103
(2)(a) would pose an undue burden on the person; and
(b) the person files a statement with the attorney general citing the federal law that
forbids the presence of a firearm and detailing the reasons why providing alternative parking or
a storage location poses an undue burden.
(6) A person who is subject to Section 550 of the United States Department of
Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in
accordance with that section is exempt from this chapter if:
(a) the person has attempted to provide alternative parking or a storage location in
accordance with Subsection 
34-45-103
(2)(a);
(b) the secretary of the federal Department of Homeland Security notifies the person
that the provision of alternative parking or a storage location causes the person to be out of
compliance with Section 550 of the United States Department of Homeland Security
Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with
that section and the person may be subject to punitive measures; and
(c) the person files a detailed statement with the attorney general notifying the attorney
general of the facts under Subsections (6)(a) and (b).
Section 32. Section 
34A-2-213
 is amended to read:
34A-2-213.
Coordination of benefits with health benefit plan -- Timely payment
of claims.
(1) (a) This section applies if:
(i) a health benefit plan paid medical claims under Section 
31A-22-619.6
; and
(ii) the Labor Commission 
under 
34A-2-801
 issued an order or approved the terms of a
settlement agreement under Section [
34A-2-801
] 
34A-2-420
, which:
(A) found that the medical claims are compensable under Title 34A, Chapter 2,
Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act; and
(B) is final under Section 
34A-2-801
.
(b) For purposes of this section, "workers' compensation carrier" means any of the
entities an employer may use to provide workers' compensation benefits for its employees
under Section 
34A-2-201
.
(2) (a) The Labor Commission shall provide a health benefit plan with notice that an
application for hearing has been filed in accordance with Subsection 
31A-22-619.6
(2)(a)(i) if
either the employee or a health care provider requests that the commission send the notice.
(b) The Labor Commission shall prepare and provide notice to an injured employee of
the employee's right to payment by the employee's health benefit plan under Section
31A-22-619.6
. The notice provided under this Subsection (2) shall include the process the
employee shall follow to obtain payment from a health benefit plan for a medical claim that is
the subject of an application for hearing under Section 
34A-2-801
.
(3) (a) The Labor Commission shall, within three business days after the date on which
the order 
under Section 
34A-2-801
 or approval of the terms of a settlement agreement 
under
Section 
34A-2-420
 is signed by the administrative law judge [
under Section 
34A-2-801
], send
a copy of the order or terms of the settlement agreement to:
(i) a health benefit plan that made payments under Section 
31A-22-619.6
;
(ii) the workers' compensation carrier; and
(iii) the injured worker.
(b) The workers' compensation carrier shall, within 15 business days after the day on
which the Labor Commission's order 
under Section 
34A-2-801
 or settlement agreement 
under
Section 
34A-2-420
 is final [
under the provisions of Section 
34A-2-801
], pay:
(i) the health benefit plan, in the amount the plan paid to the health care provider for
medical claims that are compensable under the order or the terms of the settlement agreement,
plus interest accrued at the rate of 8% per annum from the date the health benefit plan paid the
medical claims until the date the workers' compensation carrier reimburses the health benefit
plan, unless, in settlement negotiations, the health benefit plan agreed to waive, in whole or in
part, reimbursement for medical claims paid, interest accrued, or both; and
(ii) the employee, in the amount of:
(A) any co-payments, coinsurance, deductibles, or other out-of-pocket expenses paid or
incurred by the employee; and
(B) interest accrued at the rate of 8% per annum from the date the employee paid the
expenses described in Subsection (3)(b)(ii)(A) until the date the workers' compensation carrier
reimburses the employee.
(4) If the Labor Commission determines that a workers' compensation carrier did not
make the payment required by Subsection (3) within the time period required in Subsection (3),
the commissioner shall:
(a) assess and collect a penalty from the workers' compensation carrier in:
(i) the amount of $500 for failure to pay the amount required by Subsections (3)(b)(i)
and (ii) within the period of time required by Subsections (3)(b)(i) and (ii); and
(ii) an additional amount of $500 for each calendar month:
(A) that accrues after the penalty is assessed under Subsection (4)(a)(i); and
(B) for which the amount required by Subsections (3)(b)(i) and (ii) are not paid;
(b) deposit any penalties collected under this Subsection (4) into the Uninsured
Employers' Fund created in Section 
34A-2-704
; and
(c) notify the Utah Insurance Department of the workers' compensation carrier's failure
to pay the health benefit plan or the employee in accordance with this section.
(5) The penalty imposed by Subsection (4) is in addition to any action taken or penalty
imposed by the Utah Insurance Department under Title 31A, Insurance Code.
(6) The commission may adopt administrative rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to:
(a) establish procedures for:
(i) assessing and collecting penalties under Subsection (4); and
(ii) providing notice as required by this section; and
(b) enforce the provisions of this section.
(7) This section sunsets in accordance with Section 
63I-1-234
.
Section 33. Section 
35A-3-103
 is amended to read:
35A-3-103.
Department responsibilities.
The department shall:
(1) administer public assistance programs assigned by the Legislature and the
governor;
(2) determine eligibility for public assistance programs in accordance with the
requirements of this chapter;
(3) cooperate with the federal government in the administration of public assistance
programs;
(4) administer state employment services in accordance with Section 
35A-3-115
;
(5) provide for the compilation of necessary or desirable information, statistics, and
reports;
(6) perform other duties and functions required by law;
(7) monitor the application of eligibility policy;
(8) develop personnel training programs for effective and efficient operation of the
programs administered by the department;
(9) provide refugee resettlement services in accordance with Section [
35A-3-116
]
35A-3-701
;
(10) provide child care assistance for children in accordance with Part 2, Office of
Child Care; and
(11) provide services that enable an applicant or recipient to qualify for affordable
housing in cooperation with:
(a) the Utah Housing Corporation;
(b) the Housing and Community Development Division; and
(c) local housing authorities.
Section 34. Section 
35A-8-1705
 is amended to read:
35A-8-1705.
Navajo Revitalization Fund Board.
(1) There is created within the division the Navajo Revitalization 
Fund
 Board
composed of five members as follows:
(a) the governor or the governor's designee;
(b) the two members of the San Juan County commission whose districts include
portions of the Navajo Reservation;
(c) the chair of the Navajo Utah Commission or a member of the commission
designated by the chair of the Navajo Utah Commission; and
(d) beginning July 1, 2008, a president of a Utah Navajo Chapter or an individual
designated by the president under an annual rotation system of Utah Navajo Chapters as
follows:
(i) the president of a Utah Navajo Chapter shall serve for one year;
(ii) the Utah Navajo Chapter is rotated in alphabetical order as provided in Subsection
35A-8-1702
(7), except that the rotation will begin on July 1, 2008, with the Dennehotso
Chapter;
(iii) if the president of a Utah Navajo Chapter under Subsection (1)(d)(ii) is the same
individual as the individual listed in Subsection (1)(c):
(A) that Utah Navajo Chapter is skipped as part of that rotation; and
(B) the president of the next Utah Navajo Chapter in the alphabetical rotation shall
serve on the board.
(2) The term of office for a member of the board described in Subsections (1)(a)
through (c) runs concurrently with the term of office for the governor, county commissioner, or
member of the Navajo Utah Commission.
(3) (a) The governor, or the governor's designee, is the chair of the board.
(b) The chair shall call necessary meetings.
(4) 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
.
(5) The per diem and travel expenses permitted under Subsection (4) may be included
as costs of administration of the revitalization fund.
(6) Four board members are a quorum.
(7) An affirmative vote of each member of the board present at a meeting when a
quorum is present is required for a board decision related to money in or disbursed from the
revitalization fund.
Section 35. Section 
41-6a-1616
 is amended to read:
41-6a-1616.
High intensity beams -- Red or blue lights -- Flashing lights -- Color
of rear lights and reflectors.
(1) (a) Except as provided under Subsection (1)(b), under the conditions specified
under Subsection 
41-6a-1603
(1)(a), a lighted lamp or illuminating device on a vehicle, which
projects a beam of light of an intensity greater than 300 candlepower
,
 shall be directed so that
no part of the high intensity portion of the beam will strike the level of the roadway on which
the vehicle stands at a distance of more than 75 feet from the vehicle.
(b) The provisions of Subsection (1)(a) do not apply to head lamps, spot lamps,
auxiliary lamps, flashing turn signals, hazard warning lamps, and school bus warning lamps.
(c) A motor vehicle on a highway may not have more than a total of four lamps lighted
on the front of the vehicle including head lamps, auxiliary lamps, spot lamps, or any other lamp
if the lamp projects a beam of an intensity greater than 300 candlepower.
(2) (a) Except for an authorized emergency vehicle described in Section 
41-6a-1601
, a
school bus described in Section 
41-6a-1302
, or a media production vehicle used in accordance
with Section 
41-6a-1718
, a person may not operate or move any vehicle or equipment on a
highway with a lamp or device capable of displaying a red light that is visible from directly in
front of the center of the vehicle.
(b) Except for a law enforcement vehicle, or a media production vehicle used in
accordance with Section 
41-6a-1718
, a person may not operate or move any vehicle or
equipment on a highway with a lamp or device capable of displaying a blue light that is visible
from directly in front of the center of the vehicle.
(3) A person may not use flashing lights on a vehicle except for:
(a) taillights of bicycles described in Section 
41-6a-1114
;
(b) authorized emergency vehicles described in Section 
41-6a-1601
;
(c) turn signals described in Section 
41-6a-1604
;
(d) hazard warning lights described in Sections 
41-6a-1608
 and 
41-6a-1611
;
(e) school bus flashing lights described in Section 
41-6a-1302
;
(f) vehicles engaged in highway construction or maintenance described in Section
41-6a-1617
;
(g) a media production vehicle used in accordance with Section 
41-6a-1718
; and
(h) a continuously flashing light system under Section 
41-6a-1604
.
(4) Except for an authorized emergency vehicle described in Section 
41-6a-1601
, or a
media production vehicle used in accordance with Section [
41-7a-1718
] 
41-6a-1718
, a person
may not use a rotating light on any vehicle.
(5) A violation of this section is an infraction.
Section 36. Section 
46-4-503
 is amended to read:
46-4-503.
Government products and services provided electronically.
(1) Notwithstanding Section 
46-4-501
, a state governmental agency that administers
one or more of the following transactions shall allow those transactions to be conducted
electronically:
(a) an application for or renewal of a professional or occupational license issued under
Title 58, Occupations and Professions;
(b) the renewal of a drivers license;
(c) an application for a hunting or fishing license;
(d) the filing of:
(i) a return under Title 59, Chapter 10, Individual Income Tax Act
,
 or Title 59, Chapter
12, Sales and Use Tax Act;
(ii) a court document, as defined by the Judicial Council; or
(iii) a document under Title 70A, Uniform Commercial Code;
(e) a registration for:
(i) a product; or
(ii) a brand;
(f) a renewal of a registration of a motor vehicle;
(g) a registration under:
(i) Title 16, Corporations;
(ii) Title 42, Names; or
(iii) Title 48, Partnership - Unincorporated Business [
Entity Act
] 
Entities
; or
(h) submission of an application for benefits:
(i) under Title 35A, Chapter 3, Employment Support Act;
(ii) under Title 35A, Chapter 4, Employment Security Act; or
(iii) related to accident and health insurance.
(2) The state system of public education, in coordination with the Utah Education and
Telehealth Network, shall make reasonable progress toward making the following services
available electronically:
(a) secure access by parents and students to student grades and progress reports;
(b) email communications with:
(i) teachers;
(ii) parent-teacher associations; and
(iii) school administrators;
(c) access to school calendars and schedules; and
(d) teaching resources that may include:
(i) teaching plans;
(ii) curriculum guides; and
(iii) media resources.
(3) A state governmental agency shall:
(a) in carrying out the requirements of this section, take reasonable steps to ensure the
security and privacy of records that are private or controlled as defined by Title 63G, Chapter 2,
Government Records Access and Management Act;
(b) in addition to those transactions listed in Subsections (1) and (2), determine any
additional services that may be made available to the public through electronic means; and
(c) as part of the agency's information technology plan required by Section 
63F-1-204
,
report on the progress of compliance with Subsections (1) through (3).
(4) Notwithstanding the other provisions of this part, a state governmental agency is
not required by this part to conduct a transaction electronically if:
(a) conducting the transaction electronically is not required by federal law; and
(b) conducting the transaction electronically is:
(i) impractical;
(ii) unreasonable; or
(iii) not permitted by laws pertaining to privacy or security.
(5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of
access to diverse services and agencies at one location including virtual colocation.
(b) State agencies that provide services or offer direct assistance to the business
community shall participate in the establishment, maintenance, and enhancement of an
integrated Utah business web portal known as Business.utah.gov. The purpose of the business
web portal is to provide "one-stop shop" assistance to businesses.
(c) State agencies shall partner with other governmental and nonprofit agencies whose
primary mission is to provide services or offer direct assistance to the business community in
Utah in fulfilling the requirements of this section.
(d) The following state entities shall comply with the provisions of this Subsection (5):
(i) Governor's Office of Economic Development, which shall serve as the managing
partner for the website;
(ii) Department of Workforce Services;
(iii) Department of Commerce;
(iv) Tax Commission;
(v) Department of Administrative Services - Division of Purchasing and General
Services, including other state agencies operating under a grant of authority from the division
to procure goods and services in excess of $5,000;
(vi) Department of Agriculture;
(vii) Department of Natural Resources; and
(viii) other state agencies that provide services or offer direct assistance to the business
sector.
(e) The business services available on the business web portal may include:
(i) business life cycle information;
(ii) business searches;
(iii) employment needs and opportunities;
(iv) motor vehicle registration;
(v) permit applications and renewal;
(vi) tax information;
(vii) government procurement bid notifications;
(viii) general business information;
(ix) business directories; and
(x) business news.
Section 37. Section 
53-8-210
 is amended to read:
53-8-210.
Enforcement of inspection requirements.
(1) A person operating a vehicle shall submit the vehicle to a safety inspection when
required to do so by a peace officer.
(2) (a) An owner or driver, upon receiving a notice as provided in Section 
53-8-209
,
shall within five days secure a safety inspection certificate, which shall be issued in duplicate,
one copy to be retained by the owner or driver and the other copy to be forwarded to the 
division.
(b) In lieu of compliance with this subsection, the vehicle may not be operated, except
as provided in Subsection (3).
(3) (a) A person may not operate any vehicle after receiving a notice from a peace
officer that the vehicle is in need of repair or adjustment, except that a peace officer may allow
the vehicle to be driven to the residence or place of business of the owner or driver or to the
nearest garage where repairs are available if driving the vehicle is not excessively dangerous.
(b) The vehicle may not be operated again on the highways until its equipment has
been placed in proper repair and adjustment and otherwise conforms to the requirements of this
part and Title 41, Chapter [
6, Traffic Rules and Regulations
] 
6a, Traffic Code
, and a safety
inspection certificate is obtained as promptly as possible.
(4) If repair or adjustment of any vehicle or its equipment is necessary, the owner of
the vehicle may obtain repair or adjustment at any place he may choose.
Section 38. Section 
53A-1-301
 is amended to read:
53A-1-301.
Appointment -- Qualifications -- Duties.
(1) (a) The State Board of Education shall appoint a superintendent of public
instruction, hereinafter called the state superintendent, who is the executive officer of the board
and serves at the pleasure of the board.
(b) The board shall appoint the state superintendent on the basis of outstanding
professional qualifications.
(c) The state superintendent shall administer all programs assigned to the State Board
of Education in accordance with the policies and the standards established by the board.
(2) The State Board 
of Education
 shall
,
 with the appointed superintendent
,
 develop a
statewide education strategy focusing on core academics, including the development of:
(a) core standards for Utah public schools and graduation requirements;
(b) a process to select model instructional materials that best correlate to the core
standards for Utah public schools and graduation requirements that are supported by generally
accepted scientific standards of evidence;
(c) professional development programs for teachers, superintendents, and principals;
(d) model remediation programs;
(e) a model method for creating individual student learning targets, and a method of
measuring an individual student's performance toward those targets;
(f) progress-based assessments for ongoing performance evaluations of districts and
schools;
(g) incentives to achieve the desired outcome of individual student progress in core
academics, and which do not create disincentives for setting high goals for the students;
(h) an annual report card for school and district performance, measuring learning and
reporting progress-based assessments;
(i) a systematic method to encourage innovation in schools and school districts as they
strive to achieve improvement in their performance; and
(j) a method for identifying and sharing best demonstrated practices across districts and
schools.
(3) The superintendent shall perform duties assigned by the board, including the
following:
(a) investigating all matters pertaining to the public schools;
(b) adopting and keeping an official seal to authenticate the superintendent's official
acts;
(c) holding and conducting meetings, seminars, and conferences on educational topics;
(d) presenting to the governor and the Legislature each December a report of the public
school system for the preceding year to include:
(i) data on the general condition of the schools with recommendations considered
desirable for specific programs;
(ii) a complete statement of fund balances;
(iii) a complete statement of revenues by fund and source;
(iv) a complete statement of adjusted expenditures by fund, the status of bonded
indebtedness, the cost of new school plants, and school levies;
(v) a complete statement of state funds allocated to each school district and charter
school by source, including supplemental appropriations, and a complete statement of
expenditures by each school district and charter school, including supplemental appropriations,
by function and object as outlined in the [
U.S.
] 
United States
 Department of Education
publication "Financial Accounting for Local and State School Systems";
(vi) a complete statement, by school district and charter school, of the amount of and
percentage increase or decrease in expenditures from the previous year attributed to:
(A) wage increases, with expenditure data for base salary adjustments identified
separately from step and lane expenditures;
(B) medical and dental premium cost adjustments; and
(C) adjustments in the number of teachers and other staff;
(vii) a statement that includes data on:
(A) fall enrollments;
(B) average membership;
(C) high school graduates;
(D) licensed and classified employees, including data reported by school districts on
educator ratings pursuant to Section [
53A-8a-405
] 
53A-8a-410
;
(E) pupil-teacher ratios;
(F) average class sizes calculated in accordance with State Board of Education rules
adopted under Subsection 
53A-3-602.5
(4);
(G) average salaries;
(H) applicable private school data; and
(I) data from standardized norm-referenced tests in grades 5, 8, and 11 on each school
and district;
(viii) statistical information regarding incidents of delinquent activity in the schools or
at school-related activities with separate categories for:
(A) alcohol and drug abuse;
(B) weapon possession;
(C) assaults; and
(D) arson;
(ix) information about:
(A) the development and implementation of the strategy of focusing on core
academics;
(B) the development and implementation of competency-based education and
progress-based assessments; and
(C) the results being achieved under Subsections (3)(d)(ix)(A) and (B), as measured by
individual progress-based assessments and a comparison of Utah students' progress with the
progress of students in other states using standardized norm-referenced tests as benchmarks;
and
(x) other statistical and financial information about the school system which the state
superintendent considers pertinent;
(e) collecting and organizing education data into an automated decision support system
to facilitate school district and school improvement planning, accountability reporting,
performance recognition, and the evaluation of educational policy and program effectiveness to
include:
(i) data that are:
(A) comparable across schools and school districts;
(B) appropriate for use in longitudinal studies; and
(C) comprehensive with regard to the data elements required under applicable state or
federal law or state board rule;
(ii) features that enable users, most particularly school administrators, teachers, and
parents, to:
(A) retrieve school and school district level data electronically;
(B) interpret the data visually; and
(C) draw conclusions that are statistically valid; and
(iii) procedures for the collection and management of education data that:
(A) require the state superintendent of public instruction to:
(I) collaborate with school districts in designing and implementing uniform data
standards and definitions;
(II) undertake or sponsor research to implement improved methods for analyzing
education data;
(III) provide for data security to prevent unauthorized access to or contamination of the
data; and
(IV) protect the confidentiality of data under state and federal privacy laws; and
(B) require all school districts and schools to comply with the data collection and
management procedures established under Subsection (3)(e);
(f) administering and implementing federal educational programs in accordance with
Title 53A, Chapter 1, Part 9, Implementing Federal or National Education Programs Act; and
(g) with the approval of the board, preparing and submitting to the governor a budget
for the board to be included in the budget that the governor submits to the Legislature.
(4) The state superintendent shall distribute funds deposited in the Autism Awareness
Restricted Account created in Section 
53A-1-304
 in accordance with the requirements of
Section 
53A-1-304
.
(5) Upon leaving office, the state superintendent shall deliver to the state
superintendent's successor all books, records, documents, maps, reports, papers, and other
articles pertaining to the state superintendent's office.
(6) (a) For the purpose of Subsection (3)(d)(vii):
(i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
students enrolled in a school by the number of full-time equivalent teachers assigned to the
school, including regular classroom teachers, school-based specialists, and special education
teachers;
(ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
the schools within a school district;
(iii) the pupil-teacher ratio for charter schools aggregated shall be the median
pupil-teacher ratio of charter schools in the state; and
(iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
pupil-teacher ratio of public schools in the state.
(b) The printed copy of the report required by Subsection (3)(d) shall:
(i) include the pupil-teacher ratio for:
(A) each school district;
(B) the charter schools aggregated; and
(C) the state's public schools aggregated; and
(ii) indicate the Internet website where pupil-teacher ratios for each school in the state
may be accessed.
Section 39. Section 
53A-15-1504
 is amended to read:
53A-15-1504.
Background checks for licensed educators.
The State Board of Education shall:
(1) require a license applicant to submit to a criminal background check and ongoing
monitoring as a condition for licensing;
(2) collect the following from an applicant:
(a) personal identifying information;
(b) a fee described in Subsection 
53-10-108
(15); and
(c) consent, on a form specified by the State Board of Education, for:
(i) an initial background check upon submission of the application;
(ii) retention of personal identifying information for ongoing monitoring through
registration with the systems described in Section 
53A-15-1505
; and
(iii) disclosure of any criminal history information to the individual's employing LEA
or qualifying private school;
(3) submit an applicant's personal identifying information, including fingerprints, to the
bureau for:
(a) an initial background check; and
(b) ongoing monitoring through registration with the systems described in Section
53A-15-1505
 if the results of the initial background check do not contain disqualifying
criminal history information as determined by the State Board of Education in accordance with
Section 
53A-15-1506
;
(4) identify the appropriate privacy risk mitigation strategy that will be used to ensure
that the [
board
] 
State Board of Education
 only receives notifications for individuals with whom
the State Board of Education maintains an authorizing relationship;
(5) notify the employing LEA or qualifying private school upon receipt of any criminal
history information reported on a licensed educator employed by the LEA or qualifying private
school; and
(6) (a) collect the information described in Subsection (2) from individuals who were
licensed prior to July 1, 2015, by the individual's next license renewal date; and
(b) submit the information to the bureau for ongoing monitoring through registration
with the systems described in Section 
53A-15-1505
.
Section 40. Section 
53A-15-1508
 is amended to read:
53A-15-1508.
Update criminal background check rules and policies.
On or before September 1, 2015:
(1) the [
board
] 
State Board of Education
 shall update the [
board's
] 
State Board of
Education's
 criminal background check rules consistent with this part; and
(2) an LEA shall update the LEA's criminal background check policies consistent with
this part.
Section 41. Section 
53A-15-1509
 is amended to read:
53A-15-1509.
Training provided to authorized entities.
The [
board
] 
State Board of Education
 shall collaborate with the bureau to provide
training to authorized entities on the provisions of this part.
Section 42. Section 
57-8-8.1
 is amended to read:
57-8-8.1.
Equal treatment by rules required -- Limits on rules.
(1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit
owners similarly.
(b) Notwithstanding Subsection (1)(a), a rule may:
(i) vary according to the level and type of service that the association of unit owners
provides to unit owners; and
(ii) differ between residential and nonresidential uses.
(2) (a) If a unit owner owns a rental unit and is in compliance with the association of
unit owners' governing documents and any rule that the association of unit owners adopts under
Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a
rental unit.
(b) Notwithstanding Subsection (2)(a), a rule may:
(i) limit or prohibit a rental unit owner from using the common areas for purposes other
than attending an association meeting or managing the rental unit;
(ii) if the rental unit owner retains the right to use the association of unit owners'
common areas, even occasionally, charge a rental unit owner a fee to use the common areas; or
(iii) include a provision in the association of unit owners' governing documents that:
(A) requires each tenant of a rental unit to abide by the terms of the governing
documents; and
(B) holds the tenant and the rental unit owner jointly and severally liable for a violation
of a provision of the governing documents.
(3) (a) A rule may not interfere with the freedom of a unit owner to determine the
composition of the unit owner's household.
(b) Notwithstanding Subsection (3)(a), an association of unit owners may:
(i) require that all occupants of a dwelling be members of a single housekeeping unit;
or
(ii) limit the total number of occupants permitted in each residential dwelling on the
basis of the residential dwelling's:
(A) size and facilities; and
(B) fair use of the common areas.
(4) Unless contrary to a declaration, a rule may require a minimum lease term.
(5) Unless otherwise provided in the declaration, an association of unit owners may by
rule:
(a) regulate the use, maintenance, repair, replacement, and modification of common
areas;
(b) impose and receive any payment, fee, or charge for:
(i) the use, rental, or operation of the common areas, except limited common areas; and
(ii) a service provided to a unit owner;
(c) impose a charge for a late payment of an assessment; or
(d) provide for the indemnification of the association of unit owners' officers and
[
board
] 
management committee
 consistent with Title 16, Chapter 6a, Utah Revised Nonprofit
Corporation Act.
(6) A rule shall be reasonable.
(7) A declaration, or an amendment to a declaration, may vary any of the requirements
of Subsections (1) through (5), except Subsection (1)(b)(ii).
(8) This section applies to an association 
of unit owners
 regardless of when the
association 
of unit owners
 is created.
Section 43. Section 
57-16a-202
 is amended to read:
57-16a-202.
Helpline administration.
(1) A helpline is created to assist a resident, a mobile home owner, or a park owner
with disputes related to the act.
(2) The University of Utah S.J. Quinney College of Law shall administer the helpline
in accordance with the provisions of this chapter.
(3) In administering the helpline, the S.J. Quinney College of Law shall:
(a) establish a phone number for the [
hotline
] 
helpline
; and
(b) create a law clinic that consists of:
(i) a helpline administrator who is employed by the S.J. Quinney College of Law and is
an active member of the Utah State Bar;
(ii) one or more supervised students; and
(iii) if necessary, one or more assisting attorneys.
(4) The helpline administrator, a supervised student, or an assisting attorney shall:
(a) receive and respond to calls made through the helpline;
(b) inform a helpline caller of the rights, responsibilities, and remedies described in the
act;
(c) receive complaints from a helpline caller that allege a violation of the act;
(d) create a record of each call that includes:
(i) whether the caller is a resident, a mobile home owner, or a park owner;
(ii) the subject of the call, including whether the call alleges a violation of the act;
(iii) if the call alleges a violation of the act, information regarding whether the
respondent was contacted;
(iv) the services provided to the caller, if any; and
(v) the outcome of the dispute, if known; and
(e) maintain a record described in Subsection (4)(d) for at least one year after the day
on which the record is created.
(5) The helpline administrator shall, beginning in 2016, on or before November 30 of
each year, submit to the Political Subdivisions Interim Committee a report that, for the 12
months before the day on which the helpline administrator submits the report, states:
(a) the number of calls that the helpline administrator, a supervised student, or an
assisting attorney received through the helpline;
(b) a brief summary of each call, including:
(i) whether a resident, a mobile home owner, or a park owner made the call;
(ii) the subject of the call;
(iii) the nature of any service provided to the caller; and
(iv) the outcome of the matter, if known; and
(c) any recommendations regarding changes to the helpline or the act.
Section 44. Section 
58-37-8
 is amended to read:
58-37-8.
Prohibited acts -- Penalties.
(1) Prohibited acts A -- Penalties:
(a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
intentionally:
(i) produce, manufacture, or dispense, or to possess with intent to produce,
manufacture, or dispense, a controlled or counterfeit substance;
(ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
arrange to distribute a controlled or counterfeit substance;
(iii) possess a controlled or counterfeit substance with intent to distribute; or
(iv) engage in a continuing criminal enterprise where:
(A) the person participates, directs, or engages in conduct [
which
] 
that
 results in any
violation of any provision of Title 58, Chapters 37, 
Utah Controlled Substances Act,
 37a, 
Utah
Drug Paraphernalia Act,
 37b, 
Imitation Controlled Substances Act,
 37c, 
Utah Controlled
Substance Precursor Act,
 or 37d
, Clandestine Drug Lab Act,
 that is a felony; and
(B) the violation is a part of a continuing series of two or more violations of Title 58,
Chapters 37, 
Utah Controlled Substances Act,
 37a, 
Utah Drug Paraphernalia Act,
 37b,
Imitation Controlled Substances Act,
 37c, 
Utah Controlled Substance Precursor Act,
 or 37d
,
Clandestine Drug Lab Act,
 on separate occasions that are undertaken in concert with five or
more persons with respect to whom the person occupies a position of organizer, supervisor, or
any other position of management.
(b) Any person convicted of violating Subsection (1)(a) with respect to:
(i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
subsequent conviction is guilty of a first degree felony;
(ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
marijuana, or a substance listed in Section 
58-37-4.2
 is guilty of a third degree felony, and
upon a second or subsequent conviction is guilty of a second degree felony; or
(iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
felony.
(c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
of fact finds a firearm as defined in Section 
76-10-501
 was used, carried, or possessed on his
person or in his immediate possession during the commission or in furtherance of the offense,
the court shall additionally sentence the person convicted for a term of one year to run
consecutively and not concurrently; and the court may additionally sentence the person
convicted for an indeterminate term not to exceed five years to run consecutively and not
concurrently.
(d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
felony punishable by imprisonment for an indeterminate term of not less than seven years and
which may be for life. Imposition or execution of the sentence may not be suspended, and the
person is not eligible for probation.
(2) Prohibited acts B -- Penalties:
(a) It is unlawful:
(i) for any person knowingly and intentionally to possess or use a controlled substance
analog or a controlled substance, unless it was obtained under a valid prescription or order,
directly from a practitioner while acting in the course of the person's professional practice, or as
otherwise authorized by this chapter;
(ii) for any owner, tenant, licensee, or person in control of any building, room,
tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
be occupied by persons unlawfully possessing, using, or distributing controlled substances in
any of those locations; or
(iii) for any person knowingly and intentionally to possess an altered or forged
prescription or written order for a controlled substance.
(b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
(i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
or
(ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
of a class A misdemeanor on a first or second conviction, and on a third or subsequent
conviction is guilty of a third degree felony.
(c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
penalty than provided in this Subsection (2).
(d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
58-37-4.2
, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
person is guilty of a third degree felony.
(e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
boundaries of property occupied by any correctional facility as defined in Section 
64-13-1
 or
any public jail or other place of confinement shall be sentenced to a penalty one degree greater
than provided in Subsection (2)(b), and if the conviction is with respect to controlled
substances as listed in:
(i) Subsection (2)(b), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and:
(A) the court shall additionally sentence the person convicted to a term of one year to
run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently; and
(ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and the court shall additionally sentence the person
convicted to a term of six months to run consecutively and not concurrently.
(f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
(i) on a first conviction, guilty of a class B misdemeanor;
(ii) on a second conviction, guilty of a class A misdemeanor; and
(iii) on a third or subsequent conviction, guilty of a third degree felony.
(g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
amounting to a violation of Section 
76-5-207
:
(i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
body any measurable amount of a controlled substance; and
(ii) operates a motor vehicle as defined in Section 
76-5-207
 in a negligent manner,
causing serious bodily injury as defined in Section 
76-1-601
 or the death of another.
(h) A person who violates Subsection (2)(g) by having in the person's body:
(i) a controlled substance classified under Schedule I, other than those described in
Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
degree felony;
(ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
58-37-4
(2)(a)(iii)(S) or (AA), or a substance listed in Section 
58-37-4.2
 is guilty of a third
degree felony; or
(iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
A misdemeanor.
(i) A person is guilty of a separate offense for each victim suffering serious bodily
injury or death as a result of the person's negligent driving in violation of Subsection
58-37-8
(2)(g) whether or not the injuries arise from the same episode of driving.
(3) Prohibited acts C -- Penalties:
(a) It is unlawful for any person knowingly and intentionally:
(i) to use in the course of the manufacture or distribution of a controlled substance a
license number which is fictitious, revoked, suspended, or issued to another person or, for the
purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
person;
(ii) to acquire or obtain possession of, to procure or attempt to procure the
administration of, to obtain a prescription for, to prescribe or dispense to any person known to
be attempting to acquire or obtain possession of, or to procure the administration of any
controlled substance by misrepresentation or failure by the person to disclose receiving any
controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
prescription or written order for a controlled substance, or the use of a false name or address;
(iii) to make any false or forged prescription or written order for a controlled substance,
or to utter the same, or to alter any prescription or written order issued or written under the
terms of this chapter; or
(iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing upon any drug or container or labeling
so as to render any drug a counterfeit controlled substance.
(b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
misdemeanor.
(ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
degree felony.
(c) A violation of Subsection (3)(a)(iv) is a third degree felony.
(4) Prohibited acts D -- Penalties:
(a) Notwithstanding other provisions of this section, a person not authorized under this
chapter who commits any act that is unlawful under Subsection (1)(a), Section 
58-37a-5
, or
Section 
58-37b-4
 is upon conviction subject to the penalties and classifications under this
Subsection (4) if the trier of fact finds the act is committed:
(i) in a public or private elementary or secondary school or on the grounds of any of
those schools during the hours of 6 a.m. through 10 p.m.;
(ii) in a public or private vocational school or postsecondary institution or on the
grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
(iii) in or on the grounds of a preschool or child-care facility during the preschool's or
facility's hours of operation;
(iv) in a public park, amusement park, arcade, or recreation center when the public or
amusement park, arcade, or recreation center is open to the public;
(v) in or on the grounds of a house of worship as defined in Section 
76-10-501
;
(vi) in or on the grounds of a library when the library is open to the public;
(vii) within any area that is within 100 feet of any structure, facility, or grounds
included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
(viii) in the presence of a person younger than 18 years of age, regardless of where the
act occurs; or
(ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
distribution of a substance in violation of this section to an inmate or on the grounds of any
correctional facility as defined in Section 
76-8-311.3
.
(b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
and shall be imprisoned for a term of not less than five years if the penalty that would
otherwise have been established but for this Subsection (4) would have been a first degree
felony.
(ii) Imposition or execution of the sentence may not be suspended, and the person is
not eligible for probation.
(c) If the classification that would otherwise have been established would have been
less than a first degree felony but for this Subsection (4), a person convicted under this
Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
(d) (i) If the violation is of Subsection (4)(a)(ix):
(A) the person may be sentenced to imprisonment for an indeterminate term as
provided by law, and the court shall additionally sentence the person convicted for a term of
one year to run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently; and
(ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
the mental state required for the commission of an offense, directly or indirectly solicits,
requests, commands, coerces, encourages, or intentionally aids another person to commit a
violation of Subsection (4)(a)(ix).
(e) It is not a defense to a prosecution under this Subsection (4) that the actor
mistakenly believed the individual to be 18 years of age or older at the time of the offense or
was unaware of the individual's true age; nor that the actor mistakenly believed that the
location where the act occurred was not as described in Subsection (4)(a) or was unaware that
the location where the act occurred was as described in Subsection (4)(a).
(5) Any violation of this chapter for which no penalty is specified is a class B
misdemeanor.
(6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
guilty or no contest to a violation or attempted violation of this section or a plea [
which
] 
that
 is
held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a
conviction, even if the charge has been subsequently reduced or dismissed in accordance with
the plea in abeyance agreement.
(b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
conviction that is:
(i) from a separate criminal episode than the current charge; and
(ii) from a conviction that is separate from any other conviction used to enhance the
current charge.
(7) A person may be charged and sentenced for a violation of this section,
notwithstanding a charge and sentence for a violation of any other section of this chapter.
(8) (a) Any penalty imposed for violation of this section is in addition to, and not in
lieu of, any civil or administrative penalty or sanction authorized by law.
(b) Where violation of this chapter violates a federal law or the law of another state,
conviction or acquittal under federal law or the law of another state for the same act is a bar to
prosecution in this state.
(9) In any prosecution for a violation of this chapter, evidence or proof [
which
] 
that
shows a person or persons produced, manufactured, possessed, distributed, or dispensed a
controlled substance or substances, is prima facie evidence that the person or persons did so
with knowledge of the character of the substance or substances.
(10) This section does not prohibit a veterinarian, in good faith and in the course of the
veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
administering controlled substances or from causing the substances to be administered by an
assistant or orderly under the veterinarian's direction and supervision.
(11) Civil or criminal liability may not be imposed under this section on:
(a) any person registered under this chapter who manufactures, distributes, or possesses
an imitation controlled substance for use as a placebo or investigational new drug by a
registered practitioner in the ordinary course of professional practice or research; or
(b) any law enforcement officer acting in the course and legitimate scope of the
officer's employment.
(12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
as defined in Subsection 
58-37-2
(1)(v), who uses, possesses, or transports peyote for bona fide
traditional ceremonial purposes in connection with the practice of a traditional Indian religion
as defined in Subsection 
58-37-2
(1)(w).
(b) In a prosecution alleging violation of this section regarding peyote as defined in
Subsection 
58-37-4
(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
connection with the practice of a traditional Indian religion.
(c) (i) The defendant shall provide written notice of intent to claim an affirmative
defense under this Subsection (12) as soon as practicable, but not later than 10 days prior to
trial.
(ii) The notice shall include the specific claims of the affirmative defense.
(iii) The court may waive the notice requirement in the interest of justice for good
cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
(d) The defendant shall establish the affirmative defense under this Subsection (12) by
a preponderance of the evidence. If the defense is established, it is a complete defense to the
charges.
(13) (a) It is an affirmative defense that the person produced, possessed, or
administered a controlled substance listed in Section 
58-37-4.2
 if the person:
(i) was engaged in medical research; and
(ii) was a holder of a valid license to possess controlled substances under Section
58-37-6
.
(b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
a controlled substance listed in Section 
58-37-4.2
.
(14) It is an affirmative defense that the person possessed, in the person's body, a
controlled substance listed in Section 
58-37-4.2
 if:
(a) the person was the subject of medical research conducted by a holder of a valid
license to possess controlled substances under Section 
58-37-6
; and
(b) the substance was administered to the person by the medical researcher.
(15) The application of any increase in penalty under this section to a violation of
Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
Subsection (15) takes precedence over any conflicting provision of this section.
(16) (a) It is an affirmative defense to an allegation of the commission of an offense
listed in Subsection (16)(b) that the person:
(i) reasonably believes that the person or another person is experiencing an overdose
event due to the ingestion, injection, inhalation, or other introduction into the human body of a
controlled substance or other substance;
(ii) reports in good faith the overdose event to a medical provider, an emergency
medical service provider as defined in Section 
26-8a-102
, a law enforcement officer, a 911
emergency call system, or an emergency dispatch system, or the person is the subject of a
report made under this Subsection (16);
(iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
actual location of the overdose event that facilitates responding to the person experiencing the
overdose event;
(iv) remains at the location of the person experiencing the overdose event until a
responding law enforcement officer or emergency medical service provider arrives, or remains
at the medical care facility where the person experiencing an overdose event is located until a
responding law enforcement officer arrives;
(v) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the person
experiencing the overdose event and any substances the person may have injected, inhaled, or
otherwise introduced into the person's body; and
(vi) is alleged to have committed the offense in the same course of events from which
the reported overdose arose.
(b) The offenses referred to in Subsection (16)(a) are:
(i) the possession or use of less than 16 ounces of marijuana;
(ii) the possession or use of a scheduled or listed controlled substance other than
marijuana; and
(iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
Imitation Controlled Substances Act.
(c) As used in this Subsection (16) and in Section 
76-3-203.11
, "good faith" does not
include seeking medical assistance under this section during the course of a law enforcement
agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
(17) If any provision of this chapter, or the application of any provision to any person
or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
invalid provision or application.
(18) A legislative body of a political subdivision may not enact an ordinance that is
less restrictive than any provision of this chapter.
(19) (a) If a minor who is under 18 years of age is found by a court to have violated this
section and the violation is the minor's first violation of this section, the court may:
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance abuse treatment as indicated by an assessment.
(b) If a minor who is under 18 years of age is found by a court to have violated this
section and the violation is the minor's second or subsequent violation of this section, the court
shall:
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance abuse treatment as indicated by an assessment.
Section 45. Section 
58-69-801
 is amended to read:
58-69-801.
Dental hygienist -- Limitations on practice.
A dental hygienist licensed under this chapter may only practice dental hygiene:
(1) in an accredited dental or dental hygienist school to teach and demonstrate the
practice of dental hygiene;
(2) for a public health agency;
(3) under the supervision of a dentist, for an employee leasing company or temporary
personnel service company providing employees to a dentist or other person lawfully providing
dental services:
(a) under the indirect supervision of a dentist licensed under this chapter at any time
the dental hygienist is administering an anesthetic or analgesia as permitted under this chapter
or division rules made under this chapter;
(b) under the general supervision of a dentist licensed under this chapter within the
office of the supervising dentist and upon patients of record of the supervising dentist; and
(c) under the general supervision of a dentist licensed under this chapter, and the
practice is conducted outside of the office of the supervising dentist, if:
(i) the dental hygiene work performed is authorized by the supervising dentist as a part
of and in accordance with the supervising dentist's current treatment plan for the patient;
(ii) no anesthetic or analgesia is used;
(iii) the supervising dentist has determined the patient's general health and oral health
are so that the dental hygiene work can be performed under general supervision and with an
acceptable level of risk or injury as determined by the supervising dentist;
(iv) the supervising dentist accepts responsibility for the dental hygiene work
performed under general supervision; and
(v) (A) the dental hygienist's work is performed on a patient who is homebound or
within a hospital, nursing home, or public health agency or institution; and
(B) the patient is the supervising dentist's patient of record and the dentist has
examined the patient within six months prior to the patient's receiving treatment from a dental
hygienist under this Subsection (3); [
and
] 
or
(4) under a written agreement with a dentist who is licensed under this chapter and who
is a Utah resident if:
(a) the dental hygienist practices in a public health setting;
(b) the dentist is available in person, by phone, or by electronic communication;
(c) the agreement provides that the dental hygienist shall refer a patient with a dental
need beyond the dental hygienist's scope of practice to a licensed dentist; and
(d) the dental hygienist obtains from each patient an informed consent form that
provides that treatment by a dental hygienist is not a substitute for a dental examination by a
dentist.
Section 46. Section 
58-85-104
 is amended to read:
58-85-104.
Standard of care -- Medical practitioners not liable -- No private right
of action.
(1) It is not a breach of the applicable standard of care for a physician, other licensed
health care provider, or hospital to treat an eligible patient with an investigational drug or
investigational device under this chapter.
(2) A physician, other licensed health care provider, or hospital that treats an eligible
patient with an investigational drug or investigational device under this chapter may not, for
any harm done to the eligible patient by the investigational drug or device, be subject to:
(a) civil liability;
(b) criminal liability; 
or
(c) licensure sanctions under:
(i) for a physician:
(A) Title 58, Chapter 67, Utah Medical Practice Act; or
(B) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(ii) for the other licensed health care provider, the act governing the other licensed
health care provider's license; or
(iii) for the hospital, Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act.
(3) This chapter does not:
(a) require a manufacturer of an investigational drug or investigational device to agree
to make an investigational drug or investigational device available to an eligible patient or an
eligible patient's physician;
(b) require a physician to agree to:
(i) administer an investigational drug to an eligible patient under this chapter; or
(ii) treat an eligible patient with an investigational device under this chapter; or
(c) create a private right of action for an eligible patient:
(i) against a physician or hospital, for the physician's or hospital's refusal to:
(A) administer an investigational drug to an eligible patient under this chapter; or
(B) treat an eligible patient with an investigational device under this chapter; or
(ii) against a manufacturer, for the manufacturer's refusal to provide an eligible patient
with an investigational drug or an investigational device under this chapter.
Section 47. Section 
59-12-103
 is amended to read:
59-12-103.
Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
tax revenues.
(1) A tax is imposed on the purchaser as provided in this part for amounts paid or
charged for the following transactions:
(a) retail sales of tangible personal property made within the state;
(b) amounts paid for:
(i) telecommunications service, other than mobile telecommunications service, that
originates and terminates within the boundaries of this state;
(ii) mobile telecommunications service that originates and terminates within the
boundaries of one state only to the extent permitted by the Mobile Telecommunications
Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
(iii) an ancillary service associated with a:
(A) telecommunications service described in Subsection (1)(b)(i); or
(B) mobile telecommunications service described in Subsection (1)(b)(ii);
(c) sales of the following for commercial use:
(i) gas;
(ii) electricity;
(iii) heat;
(iv) coal;
(v) fuel oil; or
(vi) other fuels;
(d) sales of the following for residential use:
(i) gas;
(ii) electricity;
(iii) heat;
(iv) coal;
(v) fuel oil; or
(vi) other fuels;
(e) sales of prepared food;
(f) except as provided in Section 
59-12-104
, amounts paid or charged as admission or
user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
horseback rides, sports activities, or any other amusement, entertainment, recreation,
exhibition, cultural, or athletic activity;
(g) amounts paid or charged for services for repairs or renovations of tangible personal
property, unless Section 
59-12-104
 provides for an exemption from sales and use tax for:
(i) the tangible personal property; and
(ii) parts used in the repairs or renovations of the tangible personal property described
in Subsection (1)(g)(i), regardless of whether:
(A) any parts are actually used in the repairs or renovations of that tangible personal
property; or
(B) the particular parts used in the repairs or renovations of that tangible personal
property are exempt from a tax under this chapter;
(h) except as provided in Subsection 
59-12-104
(7), amounts paid or charged for
assisted cleaning or washing of tangible personal property;
(i) amounts paid or charged for tourist home, hotel, motel, or trailer court
accommodations and services that are regularly rented for less than 30 consecutive days;
(j) amounts paid or charged for laundry or dry cleaning services;
(k) amounts paid or charged for leases or rentals of tangible personal property if within
this state the tangible personal property is:
(i) stored;
(ii) used; or
(iii) otherwise consumed;
(l) amounts paid or charged for tangible personal property if within this state the
tangible personal property is:
(i) stored;
(ii) used; or
(iii) consumed; and
(m) amounts paid or charged for a sale:
(i) (A) of a product transferred electronically; or
(B) of a repair or renovation of a product transferred electronically; and
(ii) regardless of whether the sale provides:
(A) a right of permanent use of the product; or
(B) a right to use the product that is less than a permanent use, including a right:
(I) for a definite or specified length of time; and
(II) that terminates upon the occurrence of a condition.
(2) (a) Except as provided in Subsections (2)(b) through (e), a state tax and a local tax
is imposed on a transaction described in Subsection (1) equal to the sum of:
(i) a state tax imposed on the transaction at a tax rate equal to the sum of:
(A) 4.70%; and
(B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
and Use Tax Act, if the location of the transaction as determined under Sections 
59-12-211
through 
59-12-215
 is in a county in which the state imposes the tax under Part 18, Additional
State Sales and Use Tax Act; and
(II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
and Use Tax Act, if the location of the transaction as determined under Sections 
59-12-211
through 
59-12-215
 is in a city, town, or the unincorporated area of a county in which the state
imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
transaction under this chapter other than this part.
(b) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is imposed
on a transaction described in Subsection (1)(d) equal to the sum of:
(i) a state tax imposed on the transaction at a tax rate of 2%; and
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
transaction under this chapter other than this part.
(c) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is imposed
on amounts paid or charged for food and food ingredients equal to the sum of:
(i) a state tax imposed on the amounts paid or charged for food and food ingredients at
a tax rate of 1.75%; and
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
amounts paid or charged for food and food ingredients under this chapter other than this part.
(d) (i) For a bundled transaction that is attributable to food and food ingredients and
tangible personal property other than food and food ingredients, a state tax and a local tax is
imposed on the entire bundled transaction equal to the sum of:
(A) a state tax imposed on the entire bundled transaction equal to the sum of:
(I) the tax rate described in Subsection (2)(a)(i)(A); and
(II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
Sales and Use Tax Act, if the location of the transaction as determined under Sections
59-12-211
 through 
59-12-215
 is in a county in which the state imposes the tax under Part 18,
Additional State Sales and Use Tax Act; and
(Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
Sales and Use Tax Act, if the location of the transaction as determined under Sections
59-12-211
 through 
59-12-215
 is in a city, town, or the unincorporated area of a county in which
the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
(B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
described in Subsection (2)(a)(ii).
(ii) If an optional computer software maintenance contract is a bundled transaction that
consists of taxable and nontaxable products that are not separately itemized on an invoice or
similar billing document, the purchase of the optional computer software maintenance contract
is 40% taxable under this chapter and 60% nontaxable under this chapter.
(iii) Subject to Subsection (2)(d)(iv), for a bundled transaction other than a bundled
transaction described in Subsection (2)(d)(i) or (ii):
(A) if the sales price of the bundled transaction is attributable to tangible personal
property, a product, or a service that is subject to taxation under this chapter and tangible
personal property, a product, or service that is not subject to taxation under this chapter, the
entire bundled transaction is subject to taxation under this chapter unless:
(I) the seller is able to identify by reasonable and verifiable standards the tangible
personal property, product, or service that is not subject to taxation under this chapter from the
books and records the seller keeps in the seller's regular course of business; or
(II) state or federal law provides otherwise; or
(B) if the sales price of a bundled transaction is attributable to two or more items of
tangible personal property, products, or services that are subject to taxation under this chapter
at different rates, the entire bundled transaction is subject to taxation under this chapter at the
higher tax rate unless:
(I) the seller is able to identify by reasonable and verifiable standards the tangible
personal property, product, or service that is subject to taxation under this chapter at the lower
tax rate from the books and records the seller keeps in the seller's regular course of business; or
(II) state or federal law provides otherwise.
(iv) For purposes of Subsection (2)(d)(iii), books and records that a seller keeps in the
seller's regular course of business includes books and records the seller keeps in the regular
course of business for nontax purposes.
(e) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(e)(ii)
and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
of tangible personal property, other property, a product, or a service that is not subject to
taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
the seller, at the time of the transaction:
(A) separately states the portion of the transaction that is not subject to taxation under
this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
(B) is able to identify by reasonable and verifiable standards, from the books and
records the seller keeps in the seller's regular course of business, the portion of the transaction
that is not subject to taxation under this chapter.
(ii) A purchaser and a seller may correct the taxability of a transaction if:
(A) after the transaction occurs, the purchaser and the seller discover that the portion of
the transaction that is not subject to taxation under this chapter was not separately stated on an
invoice, bill of sale, or similar document provided to the purchaser because of an error or
ignorance of the law; and
(B) the seller is able to identify by reasonable and verifiable standards, from the books
and records the seller keeps in the seller's regular course of business, the portion of the
transaction that is not subject to taxation under this chapter.
(iii) For purposes of Subsections (2)(e)(i) and (ii), books and records that a seller keeps
in the seller's regular course of business includes books and records the seller keeps in the
regular course of business for nontax purposes.
(f) (i) If the sales price of a transaction is attributable to two or more items of tangible
personal property, products, or services that are subject to taxation under this chapter at
different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
unless the seller, at the time of the transaction:
(A) separately states the items subject to taxation under this chapter at each of the
different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
(B) is able to identify by reasonable and verifiable standards the tangible personal
property, product, or service that is subject to taxation under this chapter at the lower tax rate
from the books and records the seller keeps in the seller's regular course of business.
(ii) For purposes of Subsection (2)(f)(i), books and records that a seller keeps in the
seller's regular course of business includes books and records the seller keeps in the regular
course of business for nontax purposes.
(g) Subject to Subsections (2)(h) and (i), a tax rate repeal or tax rate change for a tax
rate imposed under the following shall take effect on the first day of a calendar quarter:
(i) Subsection (2)(a)(i)(A);
(ii) Subsection (2)(b)(i);
(iii) Subsection (2)(c)(i); or
(iv) Subsection (2)(d)(i)(A)(I).
(h) (i) A tax rate increase takes effect on the first day of the first billing period that
begins on or after the effective date of the tax rate increase if the billing period for the
transaction begins before the effective date of a tax rate increase imposed under:
(A) Subsection (2)(a)(i)(A);
(B) Subsection (2)(b)(i);
(C) Subsection (2)(c)(i); or
(D) Subsection (2)(d)(i)(A)(I).
(ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
statement for the billing period is rendered on or after the effective date of the repeal of the tax
or the tax rate decrease imposed under:
(A) Subsection (2)(a)(i)(A);
(B) Subsection (2)(b)(i);
(C) Subsection (2)(c)(i); or
(D) Subsection (2)(d)(i)(A)(I).
(i) (i) For a tax rate described in Subsection (2)(i)(ii), if a tax due on a catalogue sale is
computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
change in a tax rate takes effect:
(A) on the first day of a calendar quarter; and
(B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
(ii) Subsection (2)(i)(i) applies to the tax rates described in the following:
(A) Subsection (2)(a)(i)(A);
(B) Subsection (2)(b)(i);
(C) Subsection (2)(c)(i); or
(D) Subsection (2)(d)(i)(A)(I).
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission may by rule define the term "catalogue sale."
(3) (a) The following state taxes shall be deposited into the General Fund:
(i) the tax imposed by Subsection (2)(a)(i)(A);
(ii) the tax imposed by Subsection (2)(b)(i);
(iii) the tax imposed by Subsection (2)(c)(i); or
(iv) the tax imposed by Subsection (2)(d)(i)(A)(I).
(b) The following local taxes shall be distributed to a county, city, or town as provided
in this chapter:
(i) the tax imposed by Subsection (2)(a)(ii);
(ii) the tax imposed by Subsection (2)(b)(ii);
(iii) the tax imposed by Subsection (2)(c)(ii); and
(iv) the tax imposed by Subsection (2)(d)(i)(B).
(4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
through (g):
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
(A) by a 1/16% tax rate on the transactions described in Subsection (1); and
(B) for the fiscal year; or
(ii) $17,500,000.
(b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
described in Subsection (4)(a) shall be transferred each year as dedicated credits to the
Department of Natural Resources to:
(A) implement the measures described in Subsections 
79-2-303
(3)(a) through (d) to
protect sensitive plant and animal species; or
(B) award grants, up to the amount authorized by the Legislature in an appropriations
act, to political subdivisions of the state to implement the measures described in Subsections
79-2-303
(3)(a) through (d) to protect sensitive plant and animal species.
(ii) Money transferred to the Department of Natural Resources under Subsection
(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
person to list or attempt to have listed a species as threatened or endangered under the
Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
(iii) At the end of each fiscal year:
(A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
Conservation and Development Fund created in Section 
73-10-24
;
(B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
Program Subaccount created in Section 
73-10c-5
; and
(C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
Program Subaccount created in Section 
73-10c-5
.
(c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
created in Section 
4-18-106
.
(d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
in Subsection (4)(a) shall be transferred each year as dedicated credits to the Division of Water
Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of
water rights.
(ii) At the end of each fiscal year:
(A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
Conservation and Development Fund created in Section 
73-10-24
;
(B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
Program Subaccount created in Section 
73-10c-5
; and
(C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
Program Subaccount created in Section 
73-10c-5
.
(e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
in Subsection (4)(a) shall be deposited [
in
] 
into
 the Water Resources Conservation and
Development Fund created in Section 
73-10-24
 for use by the Division of Water Resources.
(ii) In addition to the uses allowed of the Water Resources Conservation and
Development Fund under Section 
73-10-24
, the Water Resources Conservation and
Development Fund may also be used to:
(A) conduct hydrologic and geotechnical investigations by the Division of Water
Resources in a cooperative effort with other state, federal, or local entities[
,
] for the purpose of
quantifying surface and ground water resources and describing the hydrologic systems of an
area in sufficient detail so as to enable local and state resource managers to plan for and
accommodate growth in water use without jeopardizing the resource;
(B) fund state required dam safety improvements; and
(C) protect the state's interest in interstate water compact allocations, including the
hiring of technical and legal staff.
(f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
in Subsection (4)(a) shall be deposited [
in
] 
into
 the Utah Wastewater Loan Program
Subaccount created in Section 
73-10c-5
 for use by the Water Quality Board to fund wastewater
projects.
(g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
in Subsection (4)(a) shall be deposited [
in
] 
into
 the Drinking Water Loan Program Subaccount
created in Section 
73-10c-5
 for use by the Division of Drinking Water to:
(i) provide for the installation and repair of collection, treatment, storage, and
distribution facilities for any public water system, as defined in Section 
19-4-102
;
(ii) develop underground sources of water, including springs and wells; and
(iii) develop surface water sources.
(5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
2006, the difference between the following amounts shall be expended as provided in this
Subsection (5), if that difference is greater than $1:
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
(ii) $17,500,000.
(b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
(A) transferred each fiscal year to the Department of Natural Resources as dedicated
credits; and
(B) expended by the Department of Natural Resources for watershed rehabilitation or
restoration.
(ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation and Development Fund
created in Section 
73-10-24
.
(c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
remaining difference described in Subsection (5)(a) shall be:
(A) transferred each fiscal year to the Division of Water Resources as dedicated
credits; and
(B) expended by the Division of Water Resources for cloud-seeding projects
authorized by Title 73, Chapter 15, Modification of Weather.
(ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation and Development Fund
created in Section 
73-10-24
.
(d) After making the transfers required by Subsections (5)(b) and (c), 94% of the
remaining difference described in Subsection (5)(a) shall be deposited into the Water
Resources Conservation and Development Fund created in Section 
73-10-24
 for use by the
Division of Water Resources for:
(i) preconstruction costs:
(A) as defined in Subsection 
73-26-103
(6) for projects authorized by Title 73, Chapter
26, Bear River Development Act; and
(B) as defined in Subsection 
73-28-103
(8) for the Lake Powell Pipeline project
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
(ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
Chapter 26, Bear River Development Act;
(iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
(iv) other uses authorized under Sections 
73-10-24
, 
73-10-25.1
, 
and
73-10-30
, and
Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
(e) After making the transfers required by Subsections (5)(b) and (c) and subject to
Subsection (5)(f), 6% of the remaining difference described in Subsection (5)(a) shall be
transferred each year as dedicated credits to the Division of Water Rights to cover the costs
incurred for employing additional technical staff for the administration of water rights.
(f) At the end of each fiscal year, any unexpended dedicated credits described in
Subsection (5)(e) over $150,000 lapse to the Water Resources Conservation and Development
Fund created in Section 
73-10-24
.
(6) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
2003, and for taxes listed under Subsection (3)(a), the amount of revenue generated by a 1/16%
tax rate on the transactions described in Subsection (1) for the fiscal year shall be deposited [
in
]
into
 the Transportation Fund created by Section 
72-2-102
.
(7) Notwithstanding Subsection (3)(a), beginning on July 1, 2012, the Division of
Finance shall deposit into the Transportation Investment Fund of 2005 created in Section
72-2-124
 a portion of the taxes listed under Subsection (3)(a) equal to the revenues generated
by a 1/64% tax rate on the taxable transactions under Subsection (1).
(8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
Subsection (7), and subject to Subsection (8)(b), for a fiscal year beginning on or after July 1,
2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
created by Section 
72-2-124
:
(i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
the revenues collected from the following taxes, which represents a portion of the
approximately 17% of sales and use tax revenues generated annually by the sales and use tax
on vehicles and vehicle-related products:
(A) the tax imposed by Subsection (2)(a)(i)(A);
(B) the tax imposed by Subsection (2)(b)(i);
(C) the tax imposed by Subsection (2)(c)(i); and
(D) the tax imposed by Subsection (2)(d)(i)(A)(I); plus
(ii) an amount equal to 30% of the growth in the amount of revenues collected in the
current fiscal year from the sales and use taxes described in Subsections (8)(a)(i)(A) through
(D) that exceeds the amount collected from the sales and use taxes described in Subsections
(8)(a)(i)(A) through (D) in the 2010-11 fiscal year.
(b) (i) Subject to Subsections (8)(b)(ii) and (iii), in any fiscal year that the portion of
the sales and use taxes deposited under Subsection (8)(a) represents an amount that is a total
lower percentage of the sales and use taxes described in Subsections (8)(a)(i)(A) through (D)
generated in the current fiscal year than the total percentage of sales and use taxes deposited in
the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
(8)(a) equal to the product of:
(A) the total percentage of sales and use taxes deposited under Subsection (8)(a) in the
previous fiscal year; and
(B) the total sales and use tax revenue generated by the taxes described in Subsections
(8)(a)(i)(A) through (D) in the current fiscal year.
(ii) In any fiscal year in which the portion of the sales and use taxes deposited under
Subsection (8)(a) would exceed 17% of the revenues collected from the sales and use taxes
described in Subsections (8)(a)(i)(A) through (D) in the current fiscal year, the Division of
Finance shall deposit 17% of the revenues collected from the sales and use taxes described in
Subsections (8)(a)(i)(A) through (D) for the current fiscal year under Subsection (8)(a).
(iii) In all subsequent fiscal years after a year in which 17% of the revenues collected
from the sales and use taxes described in Subsections (8)(a)(i)(A) through (D) was deposited
under Subsection (8)(a), the Division of Finance shall annually deposit 17% of the revenues
collected from the sales and use taxes described in Subsections (8)(a)(i)(A) through (D) in the
current fiscal year under Subsection (8)(a).
(9) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
Subsections (7) and (8), for a fiscal year beginning on or after July 1, 2012, the Division of
Finance shall annually deposit $90,000,000 of the revenues generated by the taxes listed under
Subsection (3)(a) into the Transportation Investment Fund of 2005 created by Section
72-2-124
.
(10) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
created by Section 
35A-8-1009
 and expended as provided in Section 
35A-8-1009
.
(11) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (11)(b),
and in addition to any amounts deposited under Subsections (7), (8), and (9), beginning on July
1, 2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
created by Section 
72-2-124
 the amount of tax revenue generated by a .025% tax rate on the
transactions described in Subsection (1).
(b) For purposes of Subsection (11)(a), the Division of Finance may not deposit into
the Transportation Investment Fund of 2005 any tax revenue generated by amounts paid or
charged for food and food ingredients, except for tax revenue generated by a bundled
transaction attributable to food and food ingredients and tangible personal property other than
food and food ingredients described in Subsection (2)(d).
(12) (a) Notwithstanding Subsection (3)(a), and except as provided in Subsection
(12)(b), beginning on January 1, 2009, the Division of Finance shall deposit into the
Transportation Fund created by Section 
72-2-102
 the amount of tax revenue generated by a
.025% tax rate on the transactions described in Subsection (1) to be expended to address
chokepoints in construction management.
(b) For purposes of Subsection (12)(a), the Division of Finance may not deposit into
the Transportation Fund any tax revenue generated by amounts paid or charged for food and
food ingredients, except for tax revenue generated by a bundled transaction attributable to food
and food ingredients and tangible personal property other than food and food ingredients
described in Subsection (2)(d).
(13) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
fiscal year during which the Division of Finance receives notice under Subsection
63N-2-510
[
(3)
]
(2)
 that construction on a qualified hotel, as defined in Section 
63N-2-502
, has
begun, the Division of Finance shall, for two consecutive fiscal years, annually deposit
$1,900,000 of the revenue generated by the taxes listed under Subsection (3)(a) into the Hotel
Impact Mitigation Fund, created in Section 
63N-2-512
.
(14) Notwithstanding Subsections (4) through (13), an amount required to be expended
or deposited in accordance with Subsections (4) through (13) may not include an amount the
Division of Finance deposits in accordance with Section 
59-12-103.2
.
Section 48. Section 
59-12-2218
 is amended to read:
59-12-2218.
County, city, or town option sales and use tax for airports, highways,
and systems for public transit -- Base -- Rate -- Administration of sales and use tax --
Voter approval exception.
(1) Subject to the other provisions of this part, the following may impose a sales and
use tax under this section:
(a) if, on April 1, 2009, a county legislative body of a county of the second class
imposes a sales and use tax under this section, the county legislative body of the county of the
second class may impose the sales and use tax on the transactions:
(i) described in Subsection 
59-12-103
(1); and
(ii) within the county, including the cities and towns within the county; or
(b) if, on April 1, 2009, a county legislative body of a county of the second class does
not impose a sales and use tax under this section:
(i) a city legislative body of a city within the county of the second class may impose a
sales and use tax under this section on the transactions described in Subsection 
59-12-103
(1)
within that city;
(ii) a town legislative body of a town within the county of the second class may impose
a sales and use tax under this section on the transactions described in Subsection 
59-12-103
(1)
within that town; and
(iii) the county legislative body of the county of the second class may impose a sales
and use tax on the transactions described in Subsection 
59-12-103
(1):
(A) within the county, including the cities and towns within the county, if on the date
the county legislative body provides the notice described in Section 
59-12-2209
 to the
commission stating that the county will enact a sales and use tax under this section, no city or
town within that county imposes a sales and use tax under this section or has provided the
notice described in Section 
59-12-2209
 to the commission stating that the city or town will
enact a sales and use tax under this section; or
(B) within the county, except for within a city or town within that county, if, on the
date the county legislative body provides the notice described in Section 
59-12-2209
 to the
commission stating that the county will enact a sales and use tax under this section, that city or
town imposes a sales and use tax under this section or has provided the notice described in
Section 
59-12-2209
 to the commission stating that the city or town will enact a sales and use
tax under this section.
(2) For purposes of Subsection (1) and subject to the other provisions of this section, a
county, city, or town legislative body that imposes a sales and use tax under this section may
impose the tax at a rate of:
(a) .10%; or
(b) .25%.
(3) A sales and use tax imposed at a rate described in Subsection (2)(a) shall be
expended as determined by the county, city, or town legislative body as follows:
(a) deposited as provided in Subsection (9)(b) into the County of the Second Class
State Highway Projects Fund created by Section 
72-2-121.2
 and expended as provided in
Section 
72-2-121.2
;
(b) expended for a project or service relating to an airport facility for the portion of the
project or service that is performed within the county, city, or town within which the tax is
imposed:
(i) for a county legislative body that imposes the sales and use tax, if that airport
facility is part of the regional transportation plan of the area metropolitan planning organization
if a metropolitan planning organization exists for the area; or
(ii) for a city or town legislative body that imposes the sales and use tax, if:
(A) that city or town owns or operates the airport facility; and
(B) an airline is headquartered in that city or town; or
(c) deposited or expended for a combination of Subsections (3)(a) and (b).
(4) Subject to Subsections (5) through (7), a sales and use tax imposed at a rate
described in Subsection (2)(b) shall be expended as determined by the county, city, or town
legislative body as follows:
(a) deposited as provided in Subsection (9)(b) into the County of the Second Class
State Highway Projects Fund created by Section 
72-2-121.2
 and expended as provided in
Section 
72-2-121.2
;
(b) expended for:
(i) a state highway designated under Title 72, Chapter 4, Part 1, State Highways;
(ii) a local highway that is a principal arterial highway, minor arterial highway, major
collector highway, or minor collector road; or
(iii) a combination of Subsections (4)(b)(i) and (ii);
(c) expended for a project or service relating to a system for public transit for the
portion of the project or service that is performed within the county, city, or town within which
the sales and use tax is imposed;
(d) expended for a project or service relating to an airport facility for the portion of the
project or service that is performed within the county, city, or town within which the sales and
use tax is imposed:
(i) for a county legislative body that imposes the sales and use tax, if that airport
facility is part of the regional transportation plan of the area metropolitan planning organization
if a metropolitan planning organization exists for the area; or
(ii) for a city or town legislative body that imposes the sales and use tax, if:
(A) that city or town owns or operates the airport facility; and
(B) an airline is headquartered in that city or town;
(e) expended for:
(i) a class B road, as defined in Section 
72-3-103
;
(ii) a class C road, as defined in Section 
72-3-104
; or
(iii) a combination of Subsections (4)(e)(i) and (ii);
(f) expended for traffic and pedestrian safety, including:
(i) for a class B road, as defined in Section 
72-3-103
, or class C road, as defined in
Section 
72-3-104
, for:
(A) a sidewalk;
(B) curb and gutter;
(C) a safety feature;
(D) a traffic sign;
(E) a traffic signal;
(F) street lighting; or
(G) a combination of Subsections (4)(f)(i)(A) through (F);
(ii) the construction of an active transportation facility that:
(A) is for nonmotorized vehicles and multimodal transportation; and
(B) connects an origin with a destination; or
(iii) a combination of Subsections (4)(f)(i) and (ii); or
(g) deposited or expended for a combination of Subsections (4)(a) through (f).
(5) A county, city, or town legislative body may not expend revenue collected within a
county, city, or town from a tax under this [
part
] 
section
 for a purpose described in Subsections
(4)(b) through (f) unless the purpose is recommended by:
(a) for a county that is part of a metropolitan planning organization, the metropolitan
planning organization of which the county is a part; or
(b) for a county that is not part of a metropolitan planning organization, the council of
governments of which the county is a part.
(6) (a) (i) Except as provided in Subsection (6)(b), a county, city, or town that imposes
a tax described in Subsection (2)(b) shall deposit the revenue collected from a tax rate of .05%
as provided in Subsection (9)(b)(i) into the Local Transportation Corridor Preservation Fund
created by Section 
72-2-117.5
.
(ii) Revenue deposited in accordance with Subsection (6)(a)(i) shall be expended and
distributed in accordance with Section 
72-2-117.5
.
(b) A county, city, or town is not required to make the deposit required by Subsection
(6)(a)(i) if the county, city, or town:
(i) imposed a tax described in Subsection (2)(b) on July 1, 2010; or
(ii) has continuously imposed a tax described in Subsection (2)(b):
(A) beginning after July 1, 2010; and
(B) for a five-year period.
(7) (a) Subject to the other provisions of this Subsection (7), a city or town within
which a sales and use tax is imposed at the tax rate described in Subsection (2)(b) may:
(i) expend the revenues in accordance with Subsection (4); or
(ii) expend the revenues in accordance with Subsections (7)(b) through (d) if:
(A) that city or town owns or operates an airport facility; and
(B) an airline is headquartered in that city or town.
(b) (i) A city or town legislative body of a city or town within which a sales and use tax
is imposed at the tax rate described in Subsection (2)(b) may expend the revenues collected
from a tax rate of greater than .10% but not to exceed the revenues collected from a tax rate of
.25% for a purpose described in Subsection (7)(b)(ii) if:
(A) that city or town owns or operates an airport facility; and
(B) an airline is headquartered in that city or town.
(ii) A city or town described in Subsection (7)(b)(i) may expend the revenues collected
from a tax rate of greater than .10% but not to exceed the revenues collected from a tax rate of
.25% for:
(A) a project or service relating to the airport facility; and
(B) the portion of the project or service that is performed within the city or town
imposing the sales and use tax.
(c) If a city or town legislative body described in Subsection (7)(b)(i) determines to
expend the revenues collected from a tax rate of greater than .10% but not to exceed the
revenues collected from a tax rate of .25% for a project or service relating to an airport facility
as allowed by Subsection (7)(b), any remaining revenue that is collected from the sales and use
tax imposed at the tax rate described in Subsection (2)(b) that is not expended for the project or
service relating to an airport facility as allowed by Subsection (7)(b) shall be expended as
follows:
(i) 75% of the remaining revenues shall be deposited as provided in Subsection (9)(c)
into the County of the Second Class State Highway Projects Fund created by Section
72-2-121.2
 and expended as provided in Section 
72-2-121.2
; and
(ii) 25% of the remaining revenues shall be deposited as provided in Subsection (9)(c)
into the Local Transportation Corridor Preservation Fund created by Section 
72-2-117.5
 and
expended and distributed in accordance with Section 
72-2-117.5
.
(d) A city or town legislative body that expends the revenues collected from a sales and
use tax imposed at the tax rate described in Subsection (2)(b) in accordance with Subsections
(7)(b) and (c):
(i) shall, on or before the date the city or town legislative body provides the notice
described in Section 
59-12-2209
 to the commission stating that the city or town will enact a
sales and use tax under this section:
(A) determine the tax rate, the percentage of which is greater than .10% but does not
exceed .25%, the collections from which the city or town legislative body will expend for a
project or service relating to an airport facility as allowed by Subsection (7)(b); and
(B) notify the commission in writing of the tax rate the city or town legislative body
determines in accordance with Subsection (7)(d)(i)(A);
(ii) shall, on or before the April 1 immediately following the date the city or town
legislative body provides the notice described in Subsection (7)(d)(i) to the commission:
(A) determine the tax rate, the percentage of which is greater than .10% but does not
exceed .25%, the collections from which the city or town legislative body will expend for a
project or service relating to an airport facility as allowed by Subsection (7)(b); and
(B) notify the commission in writing of the tax rate the city or town legislative body
determines in accordance with Subsection (7)(d)(ii)(A);
(iii) shall, on or before April 1 of each year after the April 1 described in Subsection
(7)(d)(ii):
(A) determine the tax rate, the percentage of which is greater than .10% but does not
exceed .25%, the collections from which the city or town legislative body will expend for a
project or service relating to an airport facility as allowed by Subsection (7)(b); and
(B) notify the commission in writing of the tax rate the city or town legislative body
determines in accordance with Subsection (7)(d)(iii)(A); and
(iv) may not change the tax rate the city or town legislative body determines in
accordance with Subsections (7)(d)(i) through (iii) more frequently than as prescribed by
Subsections (7)(d)(i) through (iii).
(8) Before a city or town legislative body may impose a sales and use tax under this
section, the city or town legislative body shall provide a copy of the notice described in Section
59-12-2209
 that the city or town legislative body provides to the commission:
(a) to the county legislative body within which the city or town is located; and
(b) at the same time as the city or town legislative body provides the notice to the
commission.
(9) (a) Subject to Subsections (9)(b) through (e) and Section 
59-12-2207
, the
commission shall transmit revenues collected within a county, city, or town from a tax under
this part that will be expended for a purpose described in Subsection (3)(b) or Subsections
(4)(b) through (f) to the county, city, or town legislative body in accordance with Section
59-12-2206
.
(b) Except as provided in Subsection (9)(c) and subject to Section 
59-12-2207
, the
commission shall deposit revenues collected within a county, city, or town from a sales and use
tax under this section that:
(i) are required to be expended for a purpose described in Subsection (6)(a) into the
Local Transportation Corridor Preservation Fund created by Section 
72-2-117.5
; or
(ii) a county, city, or town legislative body determines to expend for a purpose
described in Subsection (3)(a) or (4)(a) into the County of the Second Class State Highway
Projects Fund created by Section 
72-2-121.2
 if the county, city, or town legislative body
provides written notice to the commission requesting the deposit.
(c) Subject to Subsection (9)(d) or (e), if a city or town legislative body provides notice
to the commission in accordance with Subsection (7)(d), the commission shall:
(i) transmit the revenues collected from the tax rate stated on the notice to the city or
town legislative body monthly by electronic funds transfer; and
(ii) deposit any remaining revenues described in Subsection (7)(c) in accordance with
Subsection (7)(c).
(d) (i) If a city or town legislative body provides the notice described in Subsection
(7)(d)(i) to the commission, the commission shall transmit or deposit the revenues collected
from the sales and use tax:
(A) in accordance with Subsection (9)(c);
(B) beginning on the date the city or town legislative body enacts the sales and use tax;
and
(C) ending on the earlier of the June 30 immediately following the date the city or town
legislative body provides the notice described in Subsection (7)(d)(ii) to the commission or the
date the city or town legislative body repeals the sales and use tax.
(ii) If a city or town legislative body provides the notice described in Subsection
(7)(d)(ii) or (iii) to the commission, the commission shall transmit or deposit the revenues
collected from the sales and use tax:
(A) in accordance with Subsection (9)(c);
(B) beginning on the July 1 immediately following the date the city or town legislative
body provides the notice described in Subsection (7)(d)(ii) or (iii) to the commission; and
(C) ending on the earlier of the June 30 of the year after the date the city or town
legislative body provides the notice described in Subsection (7)(d)(ii) or (iii) to the commission
or the date the city or town legislative body repeals the sales and use tax.
(e) (i) If a city or town legislative body that is required to provide the notice described
in Subsection (7)(d)(i) does not provide the notice described in Subsection (7)(d)(i) to the
commission on or before the date required by Subsection (7)(d) for providing the notice, the
commission shall transmit, transfer, or deposit the revenues collected from the sales and use
tax within the city or town in accordance with Subsections (9)(a) and (b).
(ii) If a city or town legislative body that is required to provide the notice described in
Subsection (7)(d)(ii) or (iii) does not provide the notice described in Subsection (7)(d)(ii) or
(iii) to the commission on or before the date required by Subsection (7)(d) for providing the
notice, the commission shall transmit or deposit the revenues collected from the sales and use
tax within the city or town in accordance with:
(A) Subsection (9)(c); and
(B) the most recent notice the commission received from the city or town legislative
body under Subsection (7)(d).
Section 49. Section 
59-22-202
 is amended to read:
59-22-202.
Definitions.
As used in this part:
(1) "Adjusted for inflation" means increased in accordance with the formula for
inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.
(2) "Affiliate" means a person who directly or indirectly owns or controls, is owned or
controlled by, or is under common ownership or control with, another person. Solely for
purposes of this definition, the terms "owns," "is owned" and "ownership" mean ownership of
an equity interest, or the equivalent thereof, of 10% or more, and the term "person" means an
individual, partnership, committee, association, corporation
,
 or any other organization or group
of persons.
(3) "Allocable share" means Allocable Share as that term is defined in the Master
Settlement Agreement.
(4) "Cigarette" means any product that contains nicotine, is intended to be burned or
heated under ordinary conditions of use, and consists of or contains
:
(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(b) tobacco, in any form, that is functional in the product, which, because of its
appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be
offered to, or purchased by, consumers as a cigarette; or
(c) any roll of tobacco wrapped in any substance containing tobacco [
which
] 
that
,
because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is
likely to be offered to, or purchased by, consumers as a cigarette described in clause (a) of this
definition. The term "cigarette" includes "roll-your-own" (i.e., any tobacco [
which
] 
that
,
because of its appearance, type, packaging, or labeling is suitable for use and likely to be
offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this
definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco shall constitute one individual
"cigarette."
(5) "Master Settlement Agreement" means the settlement agreement (and related
documents) entered into on November 23, 1998, by the State and leading United States tobacco
product manufacturers.
(6) "Qualified escrow fund" means an escrow arrangement with a federally or State
chartered financial institution having no affiliation with any tobacco product manufacturer and
having assets of at least $1,000,000,000 where such arrangement requires that such financial
institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits
the tobacco product manufacturer placing the funds into escrow from using, accessing, or
directing the use of the funds' principal except as consistent with Subsection 
59-22-203
(2).
(7) "Released claims" means Released Claims as that term is defined in the Master
Settlement Agreement.
(8) "Releasing parties" means Releasing Parties as that term is defined in the Master
Settlement Agreement.
(9) (a) "Tobacco product manufacturer" means an entity that after the date of enactment
of this Act directly (and not exclusively through any affiliate):
(i) manufactures cigarettes anywhere that such manufacturer intends to be sold in the
United States, including cigarettes intended to be sold in the United States through an importer
(except where such importer is an original participating manufacturer (as that term is defined in
the Master Settlement Agreement) that will be responsible for the payments under the Master
Settlement Agreement with respect to such cigarettes as a result of the provisions of Subsection
II(mm) of the Master Settlement Agreement and that pays the taxes specified in Subsection
II(z) of the Master Settlement Agreement, and provided that the manufacturer of such
cigarettes does not market or advertise such cigarettes in the United States);
(ii) is the first purchaser anywhere for resale in the United States of cigarettes
manufactured anywhere that the manufacturer does not intend to be sold in the United States;
or
(iii) becomes a successor of an entity described in Subsection (9)(a)(i) or (ii).
(b) "Tobacco product manufacturer" shall not include an affiliate of a tobacco product
manufacturer unless such affiliate itself falls within any Subsection (9)(a)(i) through (iii).
(10) "Units sold" means the number of individual cigarettes sold in the State by the
applicable tobacco product manufacturer (whether directly or through a distributor, retailer or
similar intermediary or intermediaries) during the year in question, as measured by excise taxes
collected by the State on packs (or "roll-your-own" tobacco containers). The State Tax
Commission shall promulgate such regulations as are necessary to ascertain the amount of
State excise tax paid on the cigarettes of such tobacco product manufacturer for each year.
Section 50. Section 
62A-2-121
 is amended to read:
62A-2-121.
Access to abuse and neglect information.
(1) For purposes of this section:
(a) "Direct service worker" means the same as that term is defined in Section
62A-5-101
.
(b) "Personal care attendant" means the same as that term is defined in Section
62A-3-101
.
(2) With respect to a licensee, [
a certified local inspector applicant,
] a direct service
worker, or a personal care attendant, the department may access only the Licensing Information
System of the Division of Child and Family Services created by Section 
62A-4a-1006
 and
juvenile court records under Subsection 
78A-6-323
(6), for the purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to
children:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2); and
(ii) informing a licensee that a person associated with the licensee:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2);
[
(b) (i) determining whether a certified local inspector applicant:
]
[
(A) is listed in the Licensing Information System; or
]
[
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2); and
]
[
(ii) informing a local government that a certified local inspector applicant:
]
[
(A) is listed in the Licensing Information System; or
]
[
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2);
]
[
(c)
] 
(b)
 (i) determining whether a direct service worker:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2); and
(ii) informing a direct service worker or the direct service worker's employer that the
direct service worker:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2); or
[
(d)
] 
(c)
 (i) determining whether a personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2); and
(ii) informing a person described in Subsections 
62A-3-101
(9)(a)(i) through (iv) that a
personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
78A-6-323
(1) and (2).
(3) Notwithstanding Subsection (2), the department may access the Division of Child
and Family Services' Management Information System under Section 
62A-4a-1003
:
(a) for the purpose of licensing and monitoring foster parents;
(b) for the purposes described in Subsection 
62A-4a-1003
(1)(d); and
(c) for the purpose described in Section 
62A-1-118
.
(4) The department shall receive and process personal identifying information under
Subsection 
62A-2-120
(1) for the purposes described in Subsection (2).
(5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
may have direct access or provide services to children when:
(a) the person is listed in the Licensing Information System of the Division of Child
and Family Services created by Section 
62A-4a-1006
; or
(b) juvenile court records show that a court made a substantiated finding under Section
78A-6-323
, that the person committed a severe type of child abuse or neglect.
Section 51. Section 
62A-2-122
 is amended to read:
62A-2-122.
Access to vulnerable adult abuse and neglect information.
(1) For purposes of this section:
(a) "Direct service worker" means the same as that term is defined in Section
62A-5-101
.
(b) "Personal care attendant" means the same as that term is defined in Section
62A-3-101
.
(2) With respect to a licensee, [
a certified local inspector applicant,
] a direct service
worker, or a personal care attendant, the department may access the database created by Section
62A-3-311.1
 for the purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to
vulnerable adults, has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a licensee that a person associated with the licensee has a supported or
substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation;
[
(b) (i) determining whether a certified local inspector applicant has a supported or
substantiated finding of:
]
[
(A) abuse;
]
[
(B) neglect; or
]
[
(C) exploitation; and
]
[
(ii) informing a local government that a certified local inspector applicant has a
supported or substantiated finding of:
]
[
(A) abuse;
]
[
(B) neglect; or
]
[
(C) exploitation;
]
[
(c)
] 
(b)
 (i) determining whether a direct service worker has a supported or
substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a direct service worker or the direct service worker's employer that the
direct service worker has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; or
[
(d)
] 
(c)
 (i) determining whether a personal care attendant has a supported or
substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation; and
(ii) informing a person described in Subsections 
62A-3-101
(9)(a)(i) through (iv) that a
personal care attendant has a supported or substantiated finding of:
(A) abuse;
(B) neglect; or
(C) exploitation.
(3) The department shall receive and process personal identifying information under
Subsection 
62A-2-120
(1) for the purposes described in Subsection (2).
(4) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, consistent with this chapter and Title 62A, Chapter 3, Part 3, Abuse, Neglect,
or Exploitation of a Vulnerable Adult, defining the circumstances under which a person may
have direct access or provide services to vulnerable adults when the person is listed in the
statewide database of the Division of Aging and Adult Services created by Section
62A-3-311.1
 as having a supported or substantiated finding of abuse, neglect, or exploitation.
Section 52. Section 
63A-5-208
 is amended to read:
63A-5-208.
Definitions -- Certain public construction bids to list subcontractors --
Changing subcontractors -- Bidders as subcontractors -- Dispute resolution process --
Penalties.
(1) As used in this section:
(a) "First-tier subcontractor" means a subcontractor who contracts directly with the
prime contractor.
(b) 
(i)
 "Subcontractor" means any person or entity under contract with a contractor or
another subcontractor to provide services or labor for the construction, installation, or repair of
an improvement to real property.
[
(c)
] 
(ii)
 "Subcontractor" includes a trade contractor or specialty contractor.
[
(d)
] 
(iii)
 "Subcontractor" does not include suppliers who provide only materials,
equipment, or supplies to a contractor or subcontractor.
(2) The director shall apply the provisions of this section to achieve fair and
competitive bidding and to discourage bid-shopping by contractors.
(3) (a) (i) (A) On each public construction project, the director shall require the
apparent lowest three bidders to submit a list of their first-tier subcontractors indicating each
subcontractor's name, bid amount, and other information required by rule.
(B) Other bidders who are not one of the apparent lowest three bidders may also
submit a list of their first-tier subcontractors containing the information required by this
Subsection (3).
(C) The director may not consider any bid submitted by a bidder if the bidder fails to
submit a subcontractor list meeting the requirements of this section.
(ii) On projects where the contractor's total bid is less than $500,000, subcontractors
whose bid is less than $20,000 need not be listed.
(iii) On projects where the contractor's total bid is $500,000 or more, subcontractors
whose bid is less than $35,000 need not be listed.
(b) (i) The bidders shall submit this list within 24 hours after the bid opening time, not
including Saturdays, Sundays, and state holidays.
(ii) This list does not limit the director's right to authorize a change in the listing of any
subcontractor.
(c) The bidders shall verify that all subcontractors listed as part of their bids are
licensed as required by state law.
(d) Twenty-four hours after the bid opening, the contractor may change the contractor's
subcontractors only after:
(i) receiving permission from the director; and
(ii) establishing that:
(A) the change is in the best interest of the state; and
(B) the contractor establishes reasons for the change that meet the standards established
by the State Building Board.
(e) If the director approves any changes in subcontractors that result in a net lower
contract price for subcontracted work, the total of the prime contract may be reduced to reflect
the changes.
(4) (a) A bidder may list himself as a subcontractor when the bidder is currently
licensed to perform the portion of the work for which the bidder lists himself as a subcontractor
and:
(i) the bidder intends to perform the work of a subcontractor himself; or
(ii) the bidder intends to obtain a subcontractor to perform the work at a later date
because the bidder was unable to:
(A) obtain a bid from a qualified subcontractor; or
(B) obtain a bid from a qualified subcontractor at a cost that the bidder considers to be
reasonable.
(b) (i) When the bidder intends to perform the work of a subcontractor himself, the
director may, by written request, require that the bidder provide the director with information
indicating the bidder's:
(A) previous experience in the type of work to be performed; and
(B) qualifications for performing the work.
(ii) The bidder must respond in writing within five business days of receiving the
director's written request.
(iii) If the bidder's submitted information causes the director to reasonably believe that
self-performance of the portion of the work by the bidder is likely to yield a substandard
finished product, the director shall:
(A) require the bidder to use a subcontractor for the portion of the work in question and
obtain the subcontractor bid under the supervision of the director; or
(B) reject the bidder's bid.
(c) (i) When the bidder intends to obtain a subcontractor to perform the work at a later
date, the bidder shall provide documentation with the subcontractor list describing:
(A) the bidder's efforts to obtain a bid of a qualified subcontractor at a reasonable cost;
and
(B) why the bidder was unable to obtain a qualified subcontractor bid.
(ii) If the bidder who intends to obtain a subcontractor to perform the work at a later
date is awarded a contract, the director shall supervise the bidder's efforts to obtain a qualified
subcontractor bid.
(iii) The director may not adjust the amount of the contract awarded in order to reflect
the actual amount of the subcontractor's bid.
(5) The division may not disclose any subcontractor bid amounts obtained under this
section until the division has awarded the project to a contractor.
(6) (a) The director shall, in consultation with the State Building Board, prepare draft
rules establishing a process for resolving disputes involved with contracts under the division's
procurement authority.
[
(b) The draft rules shall be presented to the Government Operations Interim
Committee for review, comment, and recommendations before August 31, 2004.
]
[
(c)
] 
(b)
 The director shall consider, and the rules may include:
(i) requirements regarding preliminary resolution efforts between the parties directly
involved with the dispute;
(ii) requirements for the filing of claims, including notification, timeframes, and
documentation;
(iii) identification of the types of costs eligible for allocation and a method for
allocating costs among the parties to the dispute;
(iv) required time periods, not to exceed 60 days, for the resolution of the claim;
(v) provision for an independent hearing officer, panel, or arbitrator to extend the time
period for resolution of the claim by not to exceed 60 additional days for good cause;
(vi) provision for the extension of required time periods if the claimant agrees;
(vii) requirements that decisions be issued in writing;
(viii) provisions for administrative appeals of the decision;
(ix) provisions for the timely payment of claims after resolution of the dispute,
including any appeals;
(x) a requirement that the final determination resulting from the dispute resolution
process provided for in the rules is a final agency action subject to judicial review as provided
in Sections 
63G-4-401
 and 
63G-4-402
;
(xi) a requirement that a claim or dispute that does not include a monetary claim
against the division or its agents is not limited to the dispute resolution process provided for in
this Subsection (6);
(xii) requirements for claims and disputes to be eligible for this dispute resolution
process;
(xiii) the use of an independent hearing officer, panel, arbitration, or mediation; and
(xiv) the circumstances under which a subcontractor may file a claim directly with the
division.
[
(d)
] 
(c)
 Persons pursuing claims under the process required by this Subsection (6):
(i) are bound by the decision reached under this process unless the decision is properly
appealed; and
(ii) may not pursue claims or disputes under the dispute resolution process established
in Title 63G, Chapter 6a, Utah Procurement Code.
(7) In addition to all other reasons allowed by law or rule, the director may reject all
bids if none of the bidders whose bid is within the budget of the project submit a subcontractor
list that meets the requirements of this section.
(8) Any violation of this section, or any fraudulent misrepresentation by a contractor,
subcontractor, or supplier, may be grounds for:
(a) the contractor, subcontractor, or supplier to be suspended or debarred by the
director; or
(b) the contractor or subcontractor to be disciplined by the Division of Professional and
Occupational Licensing.
Section 53. Section 
63A-13-204
 is amended to read:
63A-13-204.
Selection and review of claims.
(1) (a) The office shall periodically select and review a representative sample of claims
submitted for reimbursement under the state Medicaid program to determine whether fraud,
waste, or abuse occurred.
(b) The office shall limit its review for waste and abuse under Subsection (1)(a) to 36
months prior to the date of the inception of the investigation or 72 months if there is a credible
allegation of fraud. In the event the office or the fraud unit determines that there is fraud as
defined in Section 
63A-13-102
, then the statute of limitations defined in Subsection
26-20-15
(1) shall apply.
(2) The office may directly contact the recipient of record for a Medicaid reimbursed
service to determine whether the service for which reimbursement was claimed was actually
provided to the recipient of record.
(3) The office shall:
(a) generate statistics from the sample described in Subsection (1) to determine the
type of fraud, waste, or abuse that is most advantageous to focus on in future audits or
investigations;
(b) ensure that the office, or any entity that contracts with the office to conduct audits:
(i) has on staff or contracts with a medical or dental professional who is experienced in
the treatment, billing, and coding procedures used by the type of provider being audited; and
(ii) uses the services of the appropriate professional described in Subsection (3)(b)(i) if
the provider [
who
] 
that
 is the subject of the audit disputes the findings of the audit;
(c) ensure that a finding of overpayment or underpayment to a provider is not based on
extrapolation, unless:
(i) there is a determination that the level of payment error involving the provider
exceeds a 10% error rate:
(A) for a sample of claims for a particular service code; and
(B) over a three year period of time;
(ii) documented education intervention has failed to correct the level of payment error;
and
(iii) the value of the claims for the provider, in aggregate, exceeds $200,000 in
reimbursement for a particular service code on an annual basis; and
(d) require that any entity with which the office contracts, for the purpose of
conducting an audit of a service provider, shall be paid on a flat fee basis for identifying both
overpayments and underpayments.
(4) (a) If the office, or a contractor on behalf of the department:
(i) intends to implement the use of extrapolation as a method of auditing claims, the
department shall, prior to adopting the extrapolation method of auditing, report its intent to use
extrapolation to:
(A) the Social Services Appropriations Subcommittee; and
(B) the Executive Appropriations Committee pursuant to Section 
63A-13-502
; and
(ii) determines Subsections [
(2)
] 
(3)
(c)(i) through (iii) are applicable to a provider, the
office or the contractor may use extrapolation only for the service code associated with the
findings under Subsections [
(2)
] 
(3)
(c)(i) through (iii).
(b) (i) If extrapolation is used under this section, a provider may, at the provider's
option, appeal the results of the audit based on:
(A) each individual claim; or
(B) the extrapolation sample.
(ii) Nothing in this section limits a provider's right to appeal the audit under [
Title 63G,
Administrative Code,
] Title 63G, Chapter 4, Administrative Procedures Act, the Medicaid
program and its manual or rules, or other laws or rules that may provide remedies to providers.
Section 54. Section 
63E-1-203
 is amended to read:
63E-1-203.
Exemptions from committee activities.
Notwithstanding the other provisions of this Part 2
, Retirement and Independent
Entities Committee,
 and Subsection 
63E-1-102
(4), the following independent entities are
exempt from the study by the committee under Section 
63E-1-202
:
(1) the Workers' Compensation Fund created in Title 31A, Chapter 33, Workers'
Compensation Fund; and
(2) the Utah Housing Corporation created in Section 
63H-8-201
.
Section 55. Section 
63G-2-202
 is amended to read:
63G-2-202.
Access to private, controlled, and protected documents.
(1) Upon request, and except as provided in Subsection (11)(a), a governmental entity
shall disclose a private record to:
(a) the subject of the record;
(b) the parent or legal guardian of an unemancipated minor who is the subject of the
record;
(c) the legal guardian of a legally incapacitated individual who is the subject of the
record;
(d) any other individual who:
(i) has a power of attorney from the subject of the record;
(ii) submits a notarized release from the subject of the record or the individual's legal
representative dated no more than 90 days before the date the request is made; or
(iii) if the record is a medical record described in Subsection 
63G-2-302
(1)(b), is a
health care provider, as defined in Section 
26-33a-102
, if releasing the record or information in
the record is consistent with normal professional practice and medical ethics; or
(e) any person to whom the record must be provided pursuant to:
(i) court order as provided in Subsection (7); or
(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers.
(2) (a) Upon request, a governmental entity shall disclose a controlled record to:
(i) a physician, psychologist, certified social worker, insurance provider or producer, or
a government public health agency upon submission of:
(A) a release from the subject of the record that is dated no more than 90 days prior to
the date the request is made; and
(B) a signed acknowledgment of the terms of disclosure of controlled information as
provided by Subsection (2)(b); and
(ii) any person to whom the record must be disclosed pursuant to:
(A) a court order as provided in Subsection (7); or
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers.
(b) A person who receives a record from a governmental entity in accordance with
Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
including the subject of the record.
(3) If there is more than one subject of a private or controlled record, the portion of the
record that pertains to another subject shall be segregated from the portion that the requester is
entitled to inspect.
(4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmental
entity shall disclose a protected record to:
(a) the person [
who
] 
that
 submitted the record;
(b) any other individual who:
(i) has a power of attorney from all persons, governmental entities, or political
subdivisions whose interests were sought to be protected by the protected classification; or
(ii) submits a notarized release from all persons, governmental entities, or political
subdivisions whose interests were sought to be protected by the protected classification or from
their legal representatives dated no more than 90 days prior to the date the request is made;
(c) any person to whom the record must be provided pursuant to:
(i) a court order as provided in Subsection (7); or
(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers; or
(d) the owner of a mobile home park, subject to the conditions of Subsection
41-1a-116
(5).
(5) A governmental entity may disclose a private, controlled, or protected record to
another governmental entity, political subdivision, [
another
] state, the United States, or a
foreign government only as provided by Section 
63G-2-206
.
(6) Before releasing a private, controlled, or protected record, the governmental entity
shall obtain evidence of the requester's identity.
(7) A governmental entity shall disclose a record pursuant to the terms of a court order
signed by a judge from a court of competent jurisdiction, provided that:
(a) the record deals with a matter in controversy over which the court has jurisdiction;
(b) the court has considered the merits of the request for access to the record;
(c) the court has considered and, where appropriate, limited the requester's use and
further disclosure of the record in order to protect:
(i) privacy interests in the case of private or controlled records;
(ii) business confidentiality interests in the case of records protected under Subsection
63G-2-305
(1), (2), (40)(a)(ii), or (40)(a)(vi); and
(iii) privacy interests or the public interest in the case of other protected records;
(d) to the extent the record is properly classified private, controlled, or protected, the
interests favoring access, considering limitations thereon, are greater than or equal to the
interests favoring restriction of access; and
(e) where access is restricted by a rule, statute, or regulation referred to in Subsection
63G-2-201
(3)(b), the court has authority independent of this chapter to order disclosure.
(8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
authorize disclosure of private or controlled records for research purposes if the governmental
entity:
(i) determines that the research purpose cannot reasonably be accomplished without
use or disclosure of the information to the researcher in individually identifiable form;
(ii) determines that:
(A) the proposed research is bona fide; and
(B) the value of the research is greater than or equal to the infringement upon personal
privacy;
(iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
the records; and
(B) requires the removal or destruction of the individual identifiers associated with the
records as soon as the purpose of the research project has been accomplished;
(iv) prohibits the researcher from:
(A) disclosing the record in individually identifiable form, except as provided in
Subsection (8)(b); or
(B) using the record for purposes other than the research approved by the governmental
entity; and
(v) secures from the researcher a written statement of the researcher's understanding of
and agreement to the conditions of this Subsection (8) and the researcher's understanding that
violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
under Section 
63G-2-801
.
(b) A researcher may disclose a record in individually identifiable form if the record is
disclosed for the purpose of auditing or evaluating the research program and no subsequent use
or disclosure of the record in individually identifiable form will be made by the auditor or
evaluator except as provided by this section.
(c) A governmental entity may require indemnification as a condition of permitting
research under this Subsection (8).
(d) A governmental entity may not disclose or authorize disclosure of a private record
for research purposes as described in this Subsection (8) if the private record is a record
described in Subsection 
63G-2-302
(1)(u).
(9) (a) Under Subsections 
63G-2-201
(5)(b) and 
63G-2-401
(6), a governmental entity
may disclose to persons other than those specified in this section records that are:
(i) private under Section 
63G-2-302
; or
(ii) protected under Section 
63G-2-305
,
 subject to Section 
63G-2-309
 if a claim for
business confidentiality has been made under Section 
63G-2-309
.
(b) Under Subsection 
63G-2-403
(11)(b), the records committee may require the
disclosure to persons other than those specified in this section of records that are:
(i) private under Section 
63G-2-302
;
(ii) controlled under Section 
63G-2-304
; or
(iii) protected under Section 
63G-2-305
,
 subject to Section 
63G-2-309
 if a claim for
business confidentiality has been made under Section 
63G-2-309
.
(c) Under Subsection 
63G-2-404
[
(8)
]
(7)
, the court may require the disclosure of
records that are private under Section 
63G-2-302
, controlled under Section 
63G-2-304
, or
protected under Section 
63G-2-305
 to persons other than those specified in this section.
(10) A record contained in the Management Information System, created in Section
62A-4a-1003
, that is found to be unsubstantiated, unsupported, or without merit may not be
disclosed to any person except the person who is alleged in the report to be a perpetrator of
abuse, neglect, or dependency.
(11) (a) A private record described in Subsection 
63G-2-302
(2)(f) may only be
disclosed as provided in Subsection (1)(e).
(b) A protected record described in Subsection 
63G-2-305
(43) may only be disclosed
as provided in Subsection (4)(c) or Section 
62A-3-312
.
(12) (a) A private, protected, or controlled record described in Section 
62A-16-301
shall be disclosed as required under:
(i) Subsections 
62A-16-301
(1)(b), (2), and (4)(c); and
(ii) Subsections 
62A-16-302
(1) and (6).
(b) A record disclosed under Subsection (12)(a) shall retain its character as private,
protected, or controlled.
Section 56. Section 
63G-6a-408
 is amended to read:
63G-6a-408.
Small purchases.
(1) As used in this section:
(a) "Annual cumulative threshold" means the maximum total annual amount,
established by the applicable rulemaking authority under Subsection (2)[
(a)
]
(b)
(i)
(A)
, that a
procurement unit may expend to obtain procurement items from the same source under this
section.
(b) "Individual procurement threshold" means the maximum amount, established by
the applicable rulemaking authority under Subsection (2)[
(a)(ii)
]
(b)(i)(B)
, for which a
procurement unit may purchase a procurement item under this section.
(c) "Single procurement aggregate threshold" means the maximum total amount,
established by the applicable rulemaking authority under Subsection (2)[
(a)(iii)
]
(b)(i)(C)
, that a
procurement unit may expend to obtain multiple procurement items from one source at one
time under this section.
(2) (a) The applicable rulemaking authority may make rules governing small purchases
of any procurement item, including construction, job order contracting, design professional
services, other professional services, information technology, and goods.
(b) Rules under Subsection (2)(a) may include provisions:
(i) establishing expenditure thresholds, including:
(A) an annual cumulative threshold;
(B) an individual procurement threshold; and
(C) a single procurement aggregate threshold;
(ii) establishing procurement requirements relating to the thresholds described in
Subsection (2)(b)(i); and
(iii) providing for the use of electronic, telephone, or written quotes.
(3) Expenditures made under this section by a procurement unit may not exceed a
threshold established by the applicable rulemaking authority, unless the chief procurement
officer or the head of a procurement unit with independent procurement authority gives written
authorization to exceed the threshold that includes the reasons for exceeding the threshold.
(4) Except as provided in Subsection (5), an executive branch procurement unit may
not obtain a procurement item through a small purchase standard procurement process if the
procurement item may be obtained through a state cooperative contract or a contract awarded
by the chief procurement officer under Subsection 
63G-6a-2105
(1).
(5) Subsection (4) does not apply if:
(a) the procurement item is obtained for an unanticipated, urgent or unanticipated,
emergency condition, including:
(i) an item needed to avoid stopping a public construction project;
(ii) an immediate repair to a facility or equipment; or
(iii) another emergency condition; or
(b) the chief procurement officer or the head of a procurement unit that is an executive
branch procurement unit with independent procurement authority:
(i) determines in writing that it is in the best interest of the procurement unit to obtain
an individual procurement item outside of the state contract, comparing:
(A) the contract terms and conditions applicable to the procurement item under the
state contract with the contract terms and conditions applicable to the procurement item if the
procurement item is obtained outside of the state contract;
(B) the maintenance and service applicable to the procurement item under the state
contract with the maintenance and service applicable to the procurement item if the
procurement item is obtained outside of the state contract;
(C) the warranties applicable to the procurement item under the state contract with the
warranties applicable to the procurement item if the procurement item is obtained outside of
the state contract;
(D) the quality of the procurement item under the state contract with the quality of the
procurement item if the procurement item is obtained outside of the state contract; and
(E) the cost of the procurement item under the state contract with the cost of the
procurement item if the procurement item is obtained outside of the state contract;
(ii) for a procurement item that, if defective in its manufacture, installation, or
performance, may result in serious physical injury, death, or substantial property damage,
determines in writing that the terms and conditions, relating to liability for injury, death, or
property damage, available from the source other than the contractor who holds the state
contract, are similar to, or better than, the terms and conditions available under the state
contract; and
(iii) grants an exception, in writing, to the requirement described in Subsection (4).
(6) Except as otherwise expressly provided in this section, a procurement unit:
(a) may not use the small purchase standard procurement process described in this
section for ongoing, continuous, and regularly scheduled procurements that exceed the annual
cumulative threshold; and
(b) shall make its ongoing, continuous, and regularly scheduled procurements that
exceed the annual cumulative threshold through a contract awarded through another standard
procurement process described in this chapter or an applicable exception to another standard
procurement process, described in Part 8, Exceptions to Procurement Requirements.
(7) This section does not prohibit regularly scheduled payments for a procurement item
obtained under another provision of this chapter.
(8) (a) It is unlawful for a person to intentionally or knowingly divide a procurement
into one or more smaller procurements with the intent to make a procurement:
(i) qualify as a small purchase, if, before dividing the procurement, it would not have
qualified as a small purchase; or
(ii) meet a threshold established by rule made by the applicable rulemaking authority,
if, before dividing the procurement, it would not have met the threshold.
(b) A person who engages in the conduct made unlawful under Subsection (8)(a) is
guilty of:
(i) a second degree felony, if the value of the procurement before being divided is
$1,000,000 or more;
(ii) a third degree felony, if the value of the procurement before being divided is
$250,000 or more but less than $1,000,000;
(iii) a class A misdemeanor, if the value of the procurement before being divided is
$100,000 or more but less than $250,000; or
(iv) a class B misdemeanor, if the value of the procurement before being divided is less
than $100,000.
(9) A division of a procurement that is prohibited under Subsection (8) includes doing
any of the following with the intent or knowledge described in Subsection (8):
(a) making two or more separate purchases;
(b) dividing an invoice or purchase order into two or more invoices or purchase orders;
or
(c) making smaller purchases over a period of time.
(10) A person who violates Subsection (8) is subject to the criminal penalties described
in Section 
63G-6a-2405
.
(11) The Division of Finance within the Department of Administrative Services may
conduct an audit of an executive branch procurement unit to verify compliance with the
requirements of this section.
(12) An executive branch procurement unit may not make a small purchase after
January 1, 2014, unless the chief procurement officer certifies that the person responsible for
procurements in the procurement unit has satisfactorily completed training on this section and
the rules made under this section.
Section 57. Section 
63G-6a-2105
 is amended to read:
63G-6a-2105.
Cooperative procurements -- Contracts with federal government --
Regional solicitations.
(1) The chief procurement officer may, in accordance with the requirements of this
chapter, enter into a cooperative procurement, and a contract that is awarded as a result of a
cooperative procurement, with:
(a) another state;
(b) a cooperative purchasing organization; or
(c) a public entity inside or outside the state.
(2) A public entity, nonprofit organization, or, as permitted under federal law, an
agency of the federal government, may obtain a procurement item from a state cooperative
contract or a contract awarded by the chief procurement officer under Subsection (1), without
signing a participating addendum if the solicitation issued by the chief procurement officer to
obtain the contract includes a statement indicating that the resulting contract will be issued for
the benefit of public entities and, as applicable, nonprofit organizations and agencies of the
federal government.
(3) Except as provided in Section 
63G-6a-408
, or as otherwise provided in this chapter,
an executive branch procurement unit may not obtain a procurement item from a source other
than a state cooperative contract or a contract awarded by the chief procurement officer under
Subsection (1), if the procurement item is available under a state cooperative contract or a
contract awarded by the chief procurement officer under Subsection (1).
(4) A Utah procurement unit may:
(a) contract with the federal government without going through a standard procurement
process or an exception to a standard procurement process, described in Part 8, Exceptions to
Procurement Requirements, if the procurement item obtained under the contract is provided:
(i) directly by the federal government and not by a person contracting with the federal
government; or
(ii) by a person under contract with the federal government that obtained the contract in
a manner that substantially complies with the provisions of this chapter;
(b) participate in, sponsor, conduct, or administer a cooperative procurement with
another Utah procurement unit or another public entity in Utah, if:
(i) each party unit involved in the cooperative procurement enters into an agreement
describing the rights and duties of each party;
(ii) the procurement is conducted, and the contract awarded, in accordance with the
requirements of this chapter;
(iii) the solicitation:
(A) clearly indicates that the procurement is a cooperative procurement; and
(B) identifies each party that may purchase under the resulting contract; and
(iv) each party involved in the cooperative procurement signs a participating addendum
describing its rights and obligations in relation to the resulting contract; or
(c) purchase under, or otherwise participate in, an agreement or contract of a
cooperative purchasing organization, if:
(i) each party involved in the cooperative procurement enters into an agreement
describing the rights and duties of each party;
(ii) the procurement was conducted in accordance with the requirements of this
chapter;
(iii) the solicitation:
(A) clearly indicates that the procurement is a cooperative procurement; and
(B) identifies each party that may purchase under the resulting contract; and
(iv) each party involved in the cooperative procurement signs a participating addendum
describing its rights and obligations in relation to the resulting contract.
(5) A procurement unit may not obtain a procurement item under a contract that results
from a cooperative procurement described in Subsection (4), if the procurement unit:
(a) is not identified under Subsection (4)(b)(iii)(B) or (4)(c)(iii)(B); or
(b) does not sign a participating addendum to the contract as required by this section.
(6) A procurement unit, other than a legislative procurement unit or a judicial
procurement unit, may not obtain a procurement item under a contract held by the United
States General Services Administration, unless, based upon documentation provided by the
procurement unit, the director of the state Division of Purchasing and General Services
determines in writing that the United States General Services Administration procured the
contract in a manner that substantially complies with the provisions of this chapter.
(7) (a) As used in this Subsection (7), "regional solicitation" means a solicitation issued
by the chief procurement officer for the procurement of a procurement item within a specified
geographical region of the state.
(b) In addition to any other duty or authority under this section, the chief procurement
officer shall:
(i) after considering board recommendations, develop a plan for issuing regional
solicitations; 
and
[
(ii) present the plan to the Government Operations Interim Committee by September
1, 2014; and
]
[
(iii)
] 
(ii)
 after developing a plan, issue regional solicitations for procurement items in
accordance with the plan and this chapter.
(c) A plan under Subsection (7)(b) shall:
(i) define the proposed regional boundaries for regional solicitations;
(ii) specify the types of procurement items for which a regional solicitation may be
issued; and
(iii) identify the regional solicitations that the chief procurement officer plans to issue.
(d) A regional solicitation shall require that a person responding to the solicitation offer
similar warranties and submit to similar obligations as are standard under other state
cooperative contracts.
(e) A procurement item that is available under a state cooperative contract may not be
provided under a contract pursuant to a regional solicitation until after the expiration of the
state cooperative contract.
Section 58. Section 
63H-7a-603
 is amended to read:
63H-7a-603.
Financial officer -- Duties.
(1) The executive director shall appoint a financial officer for the Administrative
Services Division with the approval of the board. The financial officer shall be responsible for
accounting for the authority, including:
(a) safekeeping and investment of public funds of the authority, including the funds
expended from the restricted accounts created in Sections 
69-2-5.5
, 
69-2-5.6
, 
69-2-5.7
, and
69-2-5.8
;
(b) the proper collection, deposit, disbursement, and management of the public funds
of the authority in accordance with Title 51, Chapter 7, State Money Management Act;
(c) [
have
] 
having
 authority to sign all bills payable, notes, checks, drafts, warrants, or
other negotiable instruments in the absence of the executive director and the executive
director's designated employee;
(d) [
provide
] 
providing
 to the board and the executive director a statement of the
condition of the finances of the authority, at least annually and at such other times as shall be
requested by the board; and
(e) [
perform
] 
performing
 all other duties incident to the financial officer.
(2) The financial officer shall:
(a) be bonded in an amount established by the State Money Management Council; and
(b) file written reports with the State Money Management Council pursuant to Section
51-7-15
.
Section 59. Section 
63I-1-220
 is amended to read:
63I-1-220.
Repeal dates, Title 20A.
On January 1, 2017:
(1) Subsection 
20A-1-102
(54) is repealed.
(2) Subsection 
20A-2-102.5
(1) the language that states "
20A-4-108
, or" is repealed.
(3) Subsection 
20A-2-201
(3) the language that states "Except as provided in
Subsection 
20A-4-108
(5)," is repealed.
(4) Subsection 
20A-2-202
(3)(a) the language that states "Except as provided in
Subsection 
20A-4-108
(6)," is repealed.
(5) Subsection 
20A-2-204
(5)(a) the language that states "Except as provided in
Subsection 
20A-4-108
(7)," is repealed.
(6) Subsection 
20A-2-205
(7)(a) the language that states "Except as provided in
Subsection 
20A-4-108
(8)," is repealed.
(7) Subsection 
20A-2-206
(8)[
(b)
]
(c)
 the language that states "Except as provided in
Subsection 
20A-4-108
(9)," is repealed.
(8) Subsection 
20A-2-307
(2)(a) is repealed.
(9) Subsection 
20A-4-107
(2)(b) the language that states "Except as provided in
Subsection 
20A-4-108
(10)," is repealed.
(10) Subsection 
20A-4-107
(3) the language that states "or if the voter is, in accordance
with the pilot project, registered to vote under Subsection 
20A-4-108
(10)," is repealed.
(11) Subsection 
20A-4-107
(4) the language that states "Except as provided in
Subsection 
20A-4-108
(12)," is repealed.
(12) Section 
20A-4-108
 is repealed.
Section 60. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates -- Title 17.
[
(1) Subsection 
17-8-7
(2), the language that states "Sections 
17-19-1
 to 
17-19-28
 and"
and ", as applicable," is repealed January 1, 2015.
]
[
(2) Section 
17-15-30
 is repealed July 1, 2015.
]
[
(3) Title 17, Chapter 19, County Auditor, is repealed January 1, 2015.
]
[
(4) Subsection 
17-24-1
(4)(b), the language that states ", as applicable, Sections
17-19-1
, 
17-19-3
, and 
17-19-5
 or" is repealed January 1, 2015.
]
[
(5) Subsection 
17-24-4
(2), the language that states ", as applicable, Subsection
17-19-3
(3)(b) or" is repealed January 1, 2015.
]
[
(6)
] 
(1)
 Subsection 
17-27a-102
(1)(b), the language that states "or a designated
mountainous planning district" is repealed June 1, 2016.
[
(7)
] 
(2)
 (a) Subsection 
17-27a-103
(15)(b) is repealed June 1, 2016.
(b) Subsection 
17-27a-103
(34) is repealed June 1, 2016.
[
(8)
] 
(3)
 Subsection 
17-27a-210
(2)(a), the language that states "or the mountainous
planning district area" is repealed June 1, 2016.
[
(9)
] 
(4)
 (a) Subsection 
17-27a-301
(1)(b)(iii) is repealed June 1, 2016.
(b) Subsection 
17-27a-301
(1)(c) is repealed June 1, 2016.
(c) Subsection 
17-27a-301
(2)(a), the language that states "described in Subsection
(1)(a) or (c)" is repealed June 1, 2016.
[
(10)
] 
(5)
 Subsection 
17-27a-302
(1), the language that states ", or mountainous
planning district" and "or the mountainous planning district," is repealed June 1, 2016.
[
(11)
] 
(6)
 Subsection 
17-27a-305
(1)(a), the language that states "a mountainous
planning district or" and ", as applicable" is repealed June 1, 2016.
[
(12)
] 
(7)
 (a) Subsection 
17-27a-401
(1)(b)(ii) is repealed June 1, 2016.
(b) Subsection 
17-27a-401
(6) is repealed June 1, 2016.
[
(13)
] 
(8)
 (a) Subsection 
17-27a-403
(1)(b)(ii) is repealed June 1, 2016.
(b) Subsection 
17-27a-403
(1)(c)(iii) is repealed June 1, 2016.
(c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
district" is repealed June 1, 2016.
(d) Subsection 
17-27a-403
(2)(c)(i), the language that states "or mountainous planning
district" is repealed June 1, 2016.
[
(14)
] 
(9)
 Subsection 
17-27a-502
(1)(d)(i)(B) is repealed June 1, 2016.
[
(15)
] 
(10)
 Subsection 
17-27a-505.5
(2)(a)(iii) is repealed June 1, 2016.
[
(16)
] 
(11)
 Subsection 
17-27a-602
(1)(b), the language that states "or, in the case of a
mountainous planning district, the mountainous planning district" is repealed June 1, 2016.
[
(17)
] 
(12)
 Subsection 
17-27a-604
(1)(b)(i)(B) is repealed June 1, 2016.
[
(18)
] 
(13)
 Subsection 
17-27a-605
(1), the language that states "or mountainous
planning district land" is repealed June 1, 2016.
[
(19)
] 
(14)
 Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed
June 1, 2016.
[
(20) (a) Subsection 
17-36-3
(5)(a), the language that states "for a county of the second,
third, fourth, fifth, or sixth class, the county auditor, county clerk, or county executive as
provided in Subsection 
17-19-19
(1); or" is repealed January 1, 2015.
]
[
(b) Subsection 
17-36-3
(5)(b), the language that states "for a county of the first class,"
is repealed January 1, 2015.
]
[
(c) Subsection 
17-36-3
(7), the language that states "
17-19-3
," and ", or 
17-24-4
, as
applicable" is repealed January 1, 2015.
]
[
(21) Subsection 
17-36-9
(1)(a)(iii), the language that states "
17-36-10.1
, as applicable,
or" is repealed January 1, 2015.
]
[
(22) Subsection 
17-36-10
(1), the language that states the following is repealed January
1, 2015:
]
[
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth,
or sixth class is not subject to the provisions of this section; and
]
[
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth
class is subject to the provisions of this section.".
]
[
(23) Section 
17-36-10.1
 is repealed January 1, 2015.
]
[
(24) Subsection 
17-36-11
(1), the language that states the following is repealed January
1, 2015:
]
[
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth,
or sixth class is not subject to the provisions of this section; and
]
[
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth
class is subject to the provisions of this section.".
]
[
(25) Section 
17-36-11.1
 is repealed January 1, 2015.
]
[
(26) Subsection 
17-36-15
(1), the language that states the following is repealed January
1, 2015:
]
[
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth,
or sixth class is not subject to the provisions of this section; and
]
[
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth
class is subject to the provisions of this section.".
]
[
(27) Section 
17-36-15.1
 is repealed January 1, 2015.
]
[
(28) Subsection 
17-36-20
(1), the language that states the following is repealed January
1, 2015:
]
[
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth,
or sixth class is not subject to the provisions of this section; and
]
[
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth
class is subject to the provisions of this section.".
]
[
(29) Section 
17-36-20.1
 is repealed January 1, 2015.
]
[
(30) Subsection 
17-36-32
(4), the language that states "or 
17-36-20.1
, as applicable,
and" is repealed January 1, 2015.
]
[
(31) Subsection 
17-36-43
(1), the language that states the following is repealed January
1, 2015:
]
[
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth,
or sixth class is not subject to the provisions of this section; and
]
[
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth
class is subject to the provisions of this section.".
]
[
(32) Section 
17-36-43.1
 is repealed January 1, 2015.
]
[
(33) Section 
17-36-44
, the language that states "or 
17-36-43.1
, as applicable" is
repealed January 1, 2015.
]
[
(34) Subsection 
17-50-401
(1), the language that states the following is repealed
January 1, 2015:
]
[
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth,
or sixth class is not subject to the provisions of this section; and
]
[
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth
class is subject to the provisions of this section.".
]
[
(35) Section 
17-50-401.1
 is repealed January 1, 2015.
]
[
(36) Subsection 
17-52-101
(2), the language that states "or 
17-52-401.1
, as applicable"
is repealed January 1, 2015.
]
[
(37) Subsection 
17-52-401
(1), the language that states the following is repealed
January 1, 2015:
]
[
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth,
or sixth class is not subject to the provisions of this section; and
]
[
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth
class is subject to the provisions of this section.".
]
[
(38) Section 
17-52-401.1
 is repealed January 1, 2015.
]
[
(39) Subsection 
17-52-403
(1)(a), the language that states "or 
17-52-401.1
(2)(c), as
applicable" is repealed January 1, 2015.
]
[
(40) On January 1, 2015, when making the changes in this section, the Office of
Legislative Research and General Counsel shall:
]
[
(a) in addition to its authority under Subsection 
36-12-12
(3), make corrections
necessary to ensure that sections and subsections identified in this section are complete
sentences and accurately reflect the office's perception of the Legislature's intent; and
]
[
(b) identify the text of the affected sections and subsections based upon the section
and subsection numbers used in Laws of Utah 2012, Chapter 17.
]
[
(41)
] 
(15)
 On June 1, 2016, when making the changes in this section, the Office of
Legislative Research and General Counsel shall:
(a) in addition to its authority under Subsection 
36-12-12
(3), make corrections
necessary to ensure that sections and subsections identified in this section are complete
sentences and accurately reflect the office's perception of the Legislature's intent; and
(b) identify the text of the affected sections and subsections based upon the section and
subsection numbers used in Laws of Utah 2015, Chapter 465.
Section 61. Section 
63I-2-220
 is amended to read:
63I-2-220.
Repeal dates, Title 20A.
[
(1) Section 
20A-3-704
 is repealed January 1, 2016.
]
[
(2) Section 
20A-5-410
 is repealed January 1, 2016.
]
[
(3) (a) Subsection 
20A-7-101
(1)(a)(i), the language that states "of the first class" and
"; or" is repealed January 1, 2015.
]
[
(b) Subsection 
20A-7-101
(1)(a)(ii), the language that states "for a county not
described in Subsection (1)(a)(i), a person designated as budget officer in Section 
17-19-19
" is
repealed January 1, 2015.
]
[
(4) Section 
20A-9-403.1
 is repealed on January 1, 2015.
]
Section 62. Section 
63I-2-277
 is amended to read:
63I-2-277.
Repeal dates, Title 77.
[
Subsection 
77-32-304.5
(2)(d)(i), the language that states "or 
17-50-401.1
, as
applicable" is repealed January 1, 2015.
]
Section 63. Section 
63M-4-602
 is amended to read:
63M-4-602.
Definitions.
As used in this part:
(1) "Applicant" means a person that conducts business in the state and that applies for a
tax credit under this part.
(2) "Fuel standard compliance project" means a project designed to retrofit a fuel
refinery in order to make the refinery capable of producing fuel that complies with the United
States Environmental Protection Agency's Tier 3 gasoline sulfur standard described in 40
C.F.R. Sec. 79.54.
(3) "High cost infrastructure project" means 
a project
:
(a) (i) [
a project
] that expands or creates new industrial, mining, manufacturing, or
agriculture activity in the state, not including a retail business; or
(ii) 
that includes
 new investment of at least $50,000,000 in an existing industrial,
mining, manufacturing, or agriculture entity, by the entity;
(b) that requires or is directly facilitated by infrastructure construction; and
(c) for which the cost of infrastructure construction to the entity creating the project is
greater than:
(i) 10% of the total cost of the project; or
(ii) $10,000,000.
(4) "Infrastructure" means:
(a) an energy delivery project as defined in Section 
63H-2-102
;
(b) a railroad as defined in Section 
54-2-1
;
(c) a fuel standard compliance project;
(d) a road improvement project;
(e) a water self-supply project;
(f) a water removal system project; or
(g) a project that is designed to:
(i) increase the capacity for water delivery to a water user in the state; or
(ii) increase the capability of an existing water delivery system or related facility to
deliver water to a water user in the state.
(5) (a) "Infrastructure cost-burdened entity" means an applicant that enters into an
agreement with the office that qualifies the applicant to receive a tax credit as provided in this
part.
(b) "Infrastructure cost-burdened entity" includes a pass-through entity taxpayer, as
defined in Section 
59-10-1402
, of a person described in Subsection (5)(a).
(6) "Infrastructure-related revenue" means an amount of tax revenue, for an entity
creating a high cost infrastructure project, in a taxable year, that is directly attributable to a high
cost infrastructure project, under:
(a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
(b) Title 59, Chapter 10, Individual Income Tax Act; and
(c) Title 59, Chapter 12, Sales and Use Tax Act.
(7) "Office" means the Office of Energy Development created in Section 
63M-4-401
.
(8) "Tax credit" means a tax credit under Section 
59-7-619
 or 
59-10-1034
.
(9) "Tax credit certificate" means a certificate issued by the office to an infrastructure
cost-burdened entity that:
(a) lists the name of the infrastructure cost-burdened entity;
(b) lists the infrastructure cost-burdened entity's taxpayer identification number;
(c) lists, for a taxable year, the amount of the tax credit authorized for the infrastructure
cost-burdened entity under this part; and
(d) includes other information as determined by the office.
Section 64. Section 
67-1a-14
 is amended to read:
67-1a-14.
Study of signing a petition online -- Report.
(1) As used in this section, "petition" means a petition to:
(a) qualify a ballot proposition for the ballot under Title 20A, Chapter 7, Issues
Submitted to the Voters;
(b) organize and register a political party under Title 20A, Chapter 8, Political Party
Formation and Procedures; or
(c) qualify a candidate for the ballot under Title 20A, Chapter 9, Candidate
Qualifications and Nominating Procedures.
(2) The lieutenant governor, in consultation with a county clerk and municipal clerk,
shall study a way that a registered voter may sign a petition on the Internet and receive
information about the petition on the Internet.
(3) The study shall evaluate:
(a) how to sign a petition on the Internet using a holographic signature that is in an
electronic format maintained by a government agency;
(b) the security, development, ownership, management, format, and content of a secure
Internet portal or website on which a registered voter may sign a petition;
(c) the security measures necessary to:
(i) verify the identity of a registered voter who signs a petition on the Internet; and
(ii) insure the integrity of a signature;
(d) changes to the process of collecting, verifying, and certifying a signature, if the
signature is collected on the Internet;
(e) whether verification is necessary for signatures collected on the Internet;
(f) which election official should be responsible for the certification of signatures
collected on the Internet;
(g) whether signatures on a petition should be public information;
(h) the removal process of a signature collected on the Internet;
(i) what percentage of signatures should be collected on the Internet or in person,
statewide or by Senate district;
(j) what information regarding the petition should be available on the secure Internet
portal or website, including who may submit the information and by what deadline information
should be submitted;
(k) the time the lieutenant governor, county clerk, or municipal clerk may spend
certifying a petition if a registered voter is allowed to sign a petition on the Internet;
(l) the processes, if any, that exists in other states to allow a registered voter to sign a
petition on the Internet; and
(m) any other issue related to allowing a registered voter to sign a petition on the
Internet.
[
(4) The lieutenant governor shall submit a copy of the study and recommendations, if
any, that result from the study to the Government Operations Interim Committee on or before
September 18, 2013.
]
Section 65. Section 
67-19-13.5
 is amended to read:
67-19-13.5.
Department provides payroll services to executive branch agencies --
Report.
(1) As used in this section:
(a) (i) "Executive branch entity" means a department, division, agency, board, or office
within the executive branch of state government that employs a person who is paid through the
central payroll system developed by the Division of Finance as of December 31, 2011.
(ii) "Executive branch entity" does not include:
(A) the Office of the Attorney General;
(B) the Office of the State Treasurer;
(C) the Office of the State Auditor;
(D) the Department of Transportation;
(E) the Department of Technology Services;
(F) the Department of Public Safety;
(G) the Department of Natural Resources; or
(H) the Utah Schools for the Deaf and the Blind.
(b) (i) "Payroll services" means using the central payroll system as directed by the
Division of Finance to:
(A) enter and validate payroll reimbursements, which include reimbursements for
mileage, a service award, and other wage types;
(B) calculate, process, and validate a retirement;
(C) enter a leave adjustment; and
(D) certify payroll by ensuring an entry complies with a rule or policy adopted by the
department or the Division of Finance.
(ii) "Payroll services" does not mean:
(A) a function related to payroll that is performed by an employee of the Division of
Finance;
(B) a function related to payroll that is performed by an executive branch agency on
behalf of a person who is not an employee of the executive branch agency;
(C) the entry of time worked by an executive branch agency employee into the central
payroll system; or
(D) approval or verification by a supervisor or designee of the entry of time worked.
(2) The department shall provide payroll services to all executive branch entities.
(3) After September 19, 2012, an executive branch entity, other than the department or
the Division of Finance, may not create a full-time equivalent position or part-time position, or
request an appropriation to fund a full-time equivalent position or part-time position for the
purpose of providing payroll services to the entity.
[
(4) The Department of Transportation, the Department of Technology Services, and
the Department of Natural Resources shall report on the inability to transfer payroll services to
the department or the progress of transferring payroll services to the department:
]
[
(a) to the Government Operations Interim Committee before October 30, 2012; and
]
[
(b) to the Infrastructure and General Government Appropriations Subcommittee on or
before February 11, 2013.
]
Section 66. Section 
70A-2-311
 is amended to read:
70A-2-311.
Options and cooperation respecting performance.
(1) An agreement for sale which is otherwise sufficiently definite (Subsection (3) of
Section 
70A-2-204
) to be a contract is not made invalid by the fact that it leaves particulars of
performance to be specified by one of the parties. Any such specification must be made in good
faith and within limits set by commercial reasonableness.
(2) Unless otherwise agreed
,
 specifications relating to assortment of the goods are at
the buyer's option
,
 and except as otherwise provided in Subsections 
70A-2-319
(1)(c) and (3)
[
of Section 
70A-2-319
]
,
 specifications or arrangements relating to shipment are at the seller's
option.
(3) Where such specification would materially affect the other party's performance but
is not seasonably made or where one party's cooperation is necessary to the agreed performance
of the other but is not seasonably forthcoming, the other party in addition to all other remedies
:
(a) is excused for any resulting delay in his own performance; and
(b) may also either proceed to perform in any reasonable manner or after the time for a
material part of his own performance treat the failure to specify or to cooperate as a breach by
failure to deliver or accept the goods.
Section 67. Section 
73-2-22
 is amended to read:
73-2-22.
Emergency flood powers -- Action to enforce orders -- Access rights to
private and public property -- Injunctive relief against state engineer's decisions --
Judicial review provisions not applicable.
(1)
 Whenever the state engineer, with approval of the chair of the Emergency
Management Administration Council created in Section 
53-2a-105
, makes a written finding
that any reservoir or stream has reached or will reach during the current water year a level far
enough above average and in excess of capacity that public safety is or is likely to be
endangered or that substantial property damage is occurring or is likely to occur, [
he
] 
the state
engineer
 shall have emergency powers until the danger to the public and property is abated.
(2)
 Emergency powers shall consist of the authority to control stream flow and
reservoir storage or release.
(3)
 The state engineer must protect existing water rights to the maximum extent
possible when exercising emergency powers.
(4)
 Any action taken by the state engineer under this section shall be by written order.
(5)
 If any person refuses or neglects to comply with any order of the state engineer
issued pursuant to his emergency powers, the state engineer may bring action in the name of
the state in the district court to enforce them.
(6)
 In carrying out [
his
] 
the state engineer's
 emergency powers, the state engineer shall
have rights of access to private and public property.
(7)
 Any person affected by a decision of the state engineer made under [
his
] 
the state
engineer's
 emergency powers shall have the right to seek injunctive relief, including temporary
restraining orders and temporary injunctions in any district court of the county where that
person resides.
(8)
 No order of the state engineer shall be enjoined or set aside unless shown by clear
and convincing evidence that an emergency does not in fact exist or that the order of the state
engineer is arbitrary or capricious.
(9)
 The provisions of Sections 
73-3-14
 and 
73-3-15
 shall not be applicable to any order
of the state engineer issued pursuant to this section.
Section 68. Section 
73-22-3
 is amended to read:
73-22-3.
Definitions.
As used in this chapter:
(1) "Correlative rights" mean the rights of each geothermal owner in a geothermal area
to produce without waste his just and equitable share of the geothermal resource underlying the
geothermal area.
(2) "Division" means the Division of Water Rights, Department of Natural Resources.
(3) "Geothermal area" means the general land area which is underlain or reasonably
appears to be underlain by geothermal resources.
(4) "Geothermal fluid" means water and steam at temperatures greater than 120 degrees
centigrade naturally present in a geothermal system.
(5) (a) "Geothermal resource" means:
(i) the natural heat of the earth at temperatures greater than 120 degrees centigrade; and
(ii) the energy, in whatever form, including pressure, present in, resulting from, created
by, or which may be extracted from that natural heat, directly or through a material medium.
(b) "Geothermal resource" does not include geothermal fluids.
(6) "Geothermal system" means any strata, pool, reservoir, or other geologic formation
containing geothermal resources.
(7) "Material medium" means geothermal fluids, or water and other substances
artificially introduced into a geothermal system to serve as a heat transfer medium.
(8) "Operator" means any person drilling, maintaining, operating, producing, or in
control of any well.
(9) "Owner" means a person who has the right to drill into, produce, and make use of
the geothermal resource.
(10) "Person" means any individual, business entity (corporate or otherwise), or
political subdivision of this or any other state.
(11) 
(a)
 "Waste" means any inefficient, excessive, or improper production, use, or
dissipation of geothermal resources.
(b)
 Wasteful practices include[
, but are not limited to
]:
[
(a)
] 
(i)
 transporting or storage methods that cause or tend to cause unnecessary surface
loss of geothermal resources; or
[
(b)
] 
(ii)
 locating, spacing, constructing, equipping, operating, producing, or venting of
any well in a manner that results or tends to result in unnecessary surface loss or in reducing
the ultimate economic recovery of geothermal resources.
(12) "Well" means any well drilled, converted, or reactivated for the discovery, testing,
production, or subsurface injection of geothermal resources.
Section 69. Section 
78B-14-613
 is amended to read:
78B-14-613.
Jurisdiction to modify child support order of another state when
individual parties reside in this state.
(1) If all of the parties who are individuals reside in this state and the child does not
reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the
issuing state's child support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under this section shall apply the
provisions of [
Parts
] 
this part, Part
 1, General Provisions, and 
Part
 2, Jurisdiction, [
this part,
]
and the procedural and substantive law of this state to the proceeding for enforcement or
modification. [
Parts
] 
Part
 3, Civil Provisions of General Application, 
Part
 4, Establishment of
Support Order or Determination of Parentage, 
Part
 5, Enforcement of Support Order Without
Registration, 
Part
 7, Support Proceedings Under Convention, and 
Part
 8, Rendition, do not
apply.
Legislative Review Note
Office of Legislative Research and General Counsel