Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 55 (2018GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• makes July 1 the appointment date for pro tempore members of the commission;
• clarifies that when a vacancy occurs, the appointment to fill the spot begins on July 1;
• specifies that if the time between appointment and July 1 is less than six months, the term starts anew on July 1; and
• makes technical corrections by removing the apostrophe from the word veterans throughout the code and other coordinating changes.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Tue, Jan 30, 2018 at 1:33 PM by lerror.
VETERANS AND MILITARY AFFAIRS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Peter C. Knudson
LONG TITLE
Committee Note:
The Veterans' and Military Affairs Commission recommended this bill.
Membership: 5 legislators 17 non-legislators
Legislative Vote: 4 voting for 0 voting against 1 absent
General Description:
This bill clarifies that terms for certain members of the commission begin on July 1 of
the year of appointment and makes technical corrections.
Highlighted Provisions:
This bill:
▸ makes July 1 the appointment date for pro tempore members of the commission;
▸ clarifies that when a vacancy occurs, the appointment to fill the spot begins on July
1;
▸ specifies that if the time between appointment and July 1 is less than six months, the
term starts anew on July 1; and
▸ makes technical corrections by removing the apostrophe from the word veterans
throughout the code and other coordinating changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23-19-14
, as last amended by Laws of Utah 2011, Chapters 297 and 366
26-35a-103
, as last amended by Laws of Utah 2011, Chapter 366
30-3-35
, as last amended by Laws of Utah 2017, Chapter 120
35A-1-206
, as last amended by Laws of Utah 2017, Chapters 181, 223, and 382
36-28-101
, as enacted by Laws of Utah 2014, Chapter 150
36-28-102
, as last amended by Laws of Utah 2017, Chapter 90
41-1a-418
, as last amended by Laws of Utah 2017, Chapters 107, 181, and 194
41-1a-421
, as last amended by Laws of Utah 2016, Chapter 68
41-1a-422
, as last amended by Laws of Utah 2017, Chapters 107, 194, and 383
53-3-205
, as last amended by Laws of Utah 2016, Chapter 175
53-3-804
, as last amended by Laws of Utah 2014, Chapters 85 and 252
53-3-805
, as last amended by Laws of Utah 2014, Chapters 85 and 252
Ĥ→ [
53A-1-1019
, as enacted by Laws of Utah 2017, Chapter 278
53A-3-427
, as last amended by Laws of Utah 2013, Chapter 214
] ←Ĥ
53B-8-107
, as last amended by Laws of Utah 2016, Chapter 230
53B-8e-103
, as last amended by Laws of Utah 2013, Chapter 214
53B-16-107
, as last amended by Laws of Utah 2017, Chapter 382
46a 
Ĥ→ 
53E-3-920, as renumbered and amended by Laws of Utah 2018, Chapter 1
46b 
53G-7-214, as renumbered and amended by Laws of Utah 2018, Chapter 3
 ←Ĥ
58-17b-622
, as last amended by Laws of Utah 2013, Chapters 166 and 262
58-24b-304
, as enacted by Laws of Utah 2009, Chapter 220
59-2-1104
 (Superseded 01/01/19)
, as last amended by Laws of Utah 2015, Chapter 261
59-2-1104
 (Effective 01/01/19)
, as last amended by Laws of Utah 2017, Chapter 189
63B-18-301
, as last amended by Laws of Utah 2013, Chapter 214
63G-1-301
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-1-401
, as last amended by Laws of Utah 2017, Chapters 15, 40, and 117
63G-1-703
, as enacted by Laws of Utah 2013, Chapter 90
63J-1-219
, as last amended by Laws of Utah 2016, Chapter 144
67-19-6.7
, as last amended by Laws of Utah 2017, Chapter 463
67-19-15
, as last amended by Laws of Utah 2017, Chapter 463
67-22-2
, as last amended by Laws of Utah 2015, Chapter 470
71-3-1
, as last amended by Laws of Utah 2002, Chapter 162
71-7-2
, as enacted by Laws of Utah 1961, Chapter 21
71-7-3
, as last amended by Laws of Utah 2015, Chapter 141
71-7-4
, as last amended by Laws of Utah 2016, Chapter 252
71-7-5
, as enacted by Laws of Utah 2013, Chapter 422
71-8-1
, as last amended by Laws of Utah 2015, Chapter 141
71-8-2
, as last amended by Laws of Utah 2016, Chapters 68, 230, and 252
71-8-3
, as last amended by Laws of Utah 2014, Chapter 91
71-8-4
, as last amended by Laws of Utah 2016, Chapter 230
71-8-5
, as last amended by Laws of Utah 2016, Chapter 230
71-8-6
, as enacted by Laws of Utah 2013, Chapter 308
71-8-7
, as enacted by Laws of Utah 2013, Chapter 308
71-9-1
, as last amended by Laws of Utah 2013, Chapter 214
71-9-2
, as last amended by Laws of Utah 2013, Chapter 214
71-10-2
, as last amended by Laws of Utah 2011, Chapter 366
71-11-1
, as last amended by Laws of Utah 2000, Chapter 134
71-11-2
, as last amended by Laws of Utah 2016, Chapter 230
71-11-3
, as last amended by Laws of Utah 2007, Chapter 173
71-11-4
, as last amended by Laws of Utah 2007, Chapter 173
71-11-5
, as last amended by Laws of Utah 2008, Chapter 382
71-11-7
, as last amended by Laws of Utah 2016, Chapter 252
71-11-8
, as last amended by Laws of Utah 2013, Chapter 400
71-12-101
, as enacted by Laws of Utah 2014, Chapter 91
71-12-102
, as last amended by Laws of Utah 2015, Chapter 141
71-12-103
, as enacted by Laws of Utah 2014, Chapter 91
71-13-102
, as enacted by Laws of Utah 2015, Chapter 123
71-13-105
, as enacted by Laws of Utah 2015, Chapter 123
72-4-201
, as renumbered and amended by Laws of Utah 1998, Chapter 270
72-4-203
, as renumbered and amended by Laws of Utah 1998, Chapter 270
78B-6-2003
, as enacted by Laws of Utah 2016, Chapter 385
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
23-19-14
 is amended to read:
23-19-14.
Persons residing in certain institutions authorized to fish without
license.
(1) The Division of Wildlife Resources shall permit a person to fish without a license
if:
(a) (i) the person resides in:
(A) the Utah State Developmental Center in American Fork;
(B) the state hospital;
(C) a [
veteran's
] 
veterans
 hospital;
(D) a [
veteran's
] 
veterans
 nursing home;
(E) a mental health center;
(F) an intermediate care facility for people with an intellectual disability;
(G) a group home licensed by the Department of Human Services and operated under
contract with the Division of Services for People with Disabilities;
(H) a group home or other community-based placement licensed by the Department of
Human Services and operated under contract with the Division of Juvenile Justice Services;
(I) a private residential facility for at-risk youth licensed by the Department of Human
Services; or
(J) another similar institution approved by the division; or
(ii) the person is a youth who participates in a work camp operated by the Division of
Juvenile Justice Services;
(b) the person is properly supervised by a representative of the institution; and
(c) the institution obtains from the division a certificate of registration that specifies:
(i) the date and place where the person will fish; and
(ii) the name of the institution's representative who will supervise the person fishing.
(2) The institution shall apply for the certificate of registration at least 10 days before
the fishing outing.
(3) (a) An institution that receives a certificate of registration authorizing at-risk youth
to fish shall provide instruction to the youth on fishing laws and regulations.
(b) The division shall provide educational materials to the institution to assist it in
complying with Subsection (3)(a).
Section 2. Section 
26-35a-103
 is amended to read:
26-35a-103.
Definitions.
As used in this chapter:
(1) (a) "Nursing care facility" means:
(i) a nursing care facility described in Subsection 
26-21-2
(17);
(ii) beginning January 1, 2006, a designated swing bed in:
(A) a general acute hospital as defined in Subsection 
26-21-2
(11); and
(B) a critical access hospital which meets the criteria of 42 U.S.C. Sec. 1395i-4(c)(2)
(1998); and
(iii) an intermediate care facility for people with an intellectual disability that is
licensed under Section 
26-21-13.5
.
(b) "Nursing care facility" does not include:
(i) the Utah State Developmental Center;
(ii) the Utah State Hospital;
(iii) a general acute hospital, specialty hospital, or small health care facility as defined
in Section 
26-21-2
; or
(iv) a Utah State [
Veterans'
] 
Veterans
 Home.
(2) "Patient day" means each calendar day in which an individual patient is admitted to
the nursing care facility during a calendar month, even if on a temporary leave of absence from
the facility.
Section 3. Section 
30-3-35
 is amended to read:
30-3-35.
Minimum schedule for parent-time for children 5 to 18 years of age.
(1) The parent-time schedule in this section applies to children 5 to 18 years of age.
(2) If the parties do not agree to a parent-time schedule, the following schedule shall be
considered the minimum parent-time to which the noncustodial parent and the child shall be
entitled.
(a) (i) (A) One weekday evening to be specified by the noncustodial parent or the court,
or Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.;
(B) at the election of the noncustodial parent, one weekday from the time the child's
school is regularly dismissed until 8:30 p.m., unless the court directs the application of
Subsection (2)(a)(i); or
(C) at the election of the noncustodial parent, if school is not in session, one weekday
from approximately 9 a.m., accommodating the custodial parent's work schedule, until 8:30
p.m. if the noncustodial parent is available to be with the child, unless the court directs the
application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
(ii) Once the election of the weekday for the weekday evening parent-time is made, it
may not be changed except by mutual written agreement or court order.
(b) (i) (A) Alternating weekends beginning on the first weekend after the entry of the
decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
(B) at the election of the noncustodial parent, from the time the child's school is
regularly dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of
Subsection (2)(b)(i)(A); or
(C) at the election of the noncustodial parent, if school is not in session, on Friday from
approximately 9 a.m., accommodating the custodial parent's work schedule, until 7 p.m. on
Sunday, if the noncustodial parent is available to be with the child unless the court directs the
application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).
(ii) A step-parent, grandparent, or other responsible adult designated by the
noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the
individual, and the parent will be with the child by 7 p.m.
(iii) An election should be made by the noncustodial parent at the time of entry of the
divorce decree or court order, and may be changed by mutual agreement, court order, or by the
noncustodial parent in the event of a change in the child's schedule.
(iv) Weekends include any "snow" days, teacher development days, or other days when
school is not scheduled and which are contiguous to the weekend period.
(c) Holidays include any "snow" days, teacher development days after the children
begin the school year, or other days when school is not scheduled, contiguous to the holiday
period, and take precedence over the weekend parent-time. Changes may not be made to the
regular rotation of the alternating weekend parent-time schedule, however:
(i) birthdays take precedence over holidays and extended parent-time, except Mother's
Day and Father's Day; and
(ii) birthdays do not take precedence over uninterrupted parent-time if the parent
exercising uninterrupted time takes the child away from that parent's residence for the
uninterrupted extended parent-time.
(d) If a holiday falls on a regularly scheduled school day, the noncustodial parent shall
be responsible for the child's attendance at school for that school day.
(e) (i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
period extends beyond that time so that the child is free from school and the parent is free from
work, the noncustodial parent shall be entitled to this lengthier holiday period.
(ii) (A) At the election of the noncustodial parent, parent-time over a scheduled holiday
weekend may begin from the time the child's school is regularly dismissed at the beginning of
the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
(B) at the election of the noncustodial parent, if school is not in session, parent-time
over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the
custodial parent's work schedule, the first day of the holiday weekend until 7 p.m. on the last
day of the holiday weekend, if the noncustodial parent is available to be with the child unless
the court directs the application of Subsection (2)(e)(ii)(A).
(iii) A step-parent, grandparent, or other responsible individual designated by the
noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the
individual, and the parent will be with the child by 7 p.m.
(iv) An election should be made by the noncustodial parent at the time of the divorce
decree or court order, and may be changed by mutual agreement, court order, or by the
noncustodial parent in the event of a change in the child's schedule.
(f) In years ending in an odd number, the noncustodial parent is entitled to the
following holidays:
(i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m.
until 9 p.m., at the discretion of the noncustodial parent, the noncustodial parent may take other
siblings along for the birthday;
(ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless
the holiday extends for a lengthier period of time to which the noncustodial parent is
completely entitled;
(iii) subject to Subsection (2)(i), spring break beginning at 6 p.m. on the day school lets
out for the holiday until 7 p.m. on the evening before school resumes;
(iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6
p.m. on the day following the holiday, at the option of the parent exercising the holiday;
(v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(vi) the fall school break, if applicable, commonly known as U.E.A. weekend
beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a
lengthier period of time to which the noncustodial parent is completely entitled;
(vii) [
Veteran's
] 
Veterans
 Day holiday beginning 6 p.m. the day before the holiday until
7 p.m. on the holiday; and
(viii) the first portion of the Christmas school vacation as defined in Subsection
30-3-32
(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day
halfway through the holiday period, if there are an odd number of days for the holiday period,
or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire
holiday period is equally divided.
(g) In years ending in an even number, the noncustodial parent is entitled to the
following holidays:
(i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m., at the discretion
of the noncustodial parent, the noncustodial parent may take other siblings along for the
birthday;
(ii) President's Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the
holiday extends for a lengthier period of time to which the noncustodial parent is completely
entitled;
(iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the
holiday extends for a lengthier period of time to which the noncustodial parent is completely
entitled;
(iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later
than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
(v) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
holiday;
(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the
local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;
(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and
(viii) the second portion of the Christmas school vacation as defined in Subsection
30-3-32
(3)(b), beginning 1 p.m. on the day halfway through the holiday period, if there are an
odd number of days for the holiday period, or at 7 p.m. if there are an even number of days for
the holiday period, so long as the entire Christmas holiday period is equally divided.
(h) The custodial parent is entitled to the odd year holidays in even years and the even
year holidays in odd years.
(i) If there is more than one child and the children's school schedules vary for purpose
of a holiday, it is presumed that the children will remain together for the holiday period
beginning the first evening all children's schools are let out for the holiday and ending the
evening before any child returns to school.
(j) Father's Day shall be spent with the natural or adoptive father every year beginning
at 9 a.m. until 7 p.m. on the holiday.
(k) Mother's Day shall be spent with the natural or adoptive mother every year
beginning at 9 a.m. until 7 p.m. on the holiday.
(l) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the
noncustodial parent, including weekends normally exercised by the noncustodial parent, but
not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for
weekday parent-time but not weekends, except for a holiday to be exercised by the other
parent.
(m) The custodial parent shall have an identical two-week period of uninterrupted time
when school is not in session for purposes of vacation.
(n) Both parents shall provide notification of extended parent-time or vacation weeks
with the child at least 30 days before the end of the child's school year to the other parent and if
notification is not provided timely the complying parent may determine the schedule for
extended parent-time for the noncomplying parent.
(o) Telephone contact shall be at reasonable hours and for a reasonable duration.
(p) Virtual parent-time, if the equipment is reasonably available and the parents reside
at least 100 miles apart, shall be at reasonable hours and for reasonable duration, provided that
if the parties cannot agree on whether the equipment is reasonably available, the court shall
decide whether the equipment for virtual parent-time is reasonably available, taking into
consideration:
(i) the best interests of the child;
(ii) each parent's ability to handle any additional expenses for virtual parent-time; and
(iii) any other factors the court considers material.
(3) An election required to be made in accordance with this section by either parent
concerning parent-time shall be made a part of the decree and made a part of the parent-time
order.
(4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended
beyond the hours designated in Subsection (2)(g)(vi).
Section 4. Section 
35A-1-206
 is amended to read:
35A-1-206.
State Workforce Development Board -- Appointment -- Membership
-- Terms of members -- Compensation.
(1) There is created within the department the State Workforce Development Board in
accordance with the provisions of the Workforce Innovation and Opportunity Act, 29 U.S.C. 
Sec. 3101 et seq.
(2) The board shall consist of the following 39 members:
(a) the governor or the governor's designee;
(b) one member of the Senate, appointed by the president of the Senate;
(c) one representative of the House of Representatives, appointed by the speaker of the
House of Representatives;
(d) the executive director or the executive director's designee;
(e) the executive director of the Department of Human Services or the executive
director's designee;
(f) the director of the Utah State Office of Rehabilitation or the director's designee;
(g) the state superintendent of public instruction or the superintendent's designee;
(h) the commissioner of higher education or the commissioner's designee;
(i) the Utah System of Technical Colleges commissioner of technical education or the
commissioner of technical education's designee;
(j) the executive director of the Governor's Office of Economic Development or the
executive director's designee;
(k) the executive director of the Department of [
Veterans'
] 
Veterans
 and Military
Affairs or the executive director's designee; and
(l) the following members appointed by the governor:
(i) 20 representatives of business in the state, selected among the following:
(A) owners of businesses, chief executive or operating officers of businesses, or other
business executives or employers with policymaking or hiring authority;
(B) representatives of businesses, including small businesses, that provide employment
opportunities that include high-quality, work-relevant training and development in in-demand
industry sectors or occupations in the state; and
(C) representatives of businesses appointed from among individuals nominated by state
business organizations or business trade associations;
(ii) six representatives of the workforce within the state, which:
(A) shall include at least two representatives of labor organizations who have been
nominated by state labor federations;
(B) shall include at least one representative from a registered apprentice program;
(C) may include one or more representatives from a community-based organization
that has demonstrated experience and expertise in addressing the employment, training, or
educational needs of individuals with barriers to employment; and
(D) may include one or more representatives from an organization that has
demonstrated experience and expertise in addressing the employment, training, or education
needs of eligible youth, including organizations that serve out of school youth; and
(iii) two elected officials that represent a city or a county.
(3) (a) The governor shall appoint one of the appointed business representatives as
chair of the board.
(b) The chair shall serve at the pleasure of the governor.
(4) (a) The governor shall ensure that members appointed to the board represent
diverse geographic areas of the state, including urban, suburban, and rural areas.
(b) A member appointed by the governor shall serve a term of four years and may be
reappointed to one additional term.
(c) A member shall continue to serve until the member's successor has been appointed
and qualified.
(d) Except as provided in Subsection (4)(e), as terms of board members expire, the
governor shall appoint each new member or reappointed member to a four-year term.
(e) Notwithstanding the requirements of Subsection (4)(d), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately one half of the board is appointed every
two years.
(f) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(g) The executive director shall terminate the term of any governor-appointed member
of the board if the member leaves the position that qualified the member for the appointment.
(5) A majority of members constitutes a quorum for the transaction of business.
(6) (a) A member of the board who is not a legislator may not receive compensation or
benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(7) The department shall provide staff and administrative support to the board at the
direction of the executive director.
(8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec. 
3111, including:
(a) identifying opportunities to align initiatives in education, training, workforce
development, and economic development;
(b) developing and implementing the state workforce services plan described in
Section 
35A-1-207
;
(c) utilizing strategic partners to ensure the needs of industry are met, including the
development of expanded strategies for partnerships for in-demand occupations and
understanding and adapting to economic changes;
(d) developing strategies for staff training;
(e) developing and improving employment centers; and
(f) performing other responsibilities within the scope of workforce services as
requested by:
(i) the Legislature;
(ii) the governor; or
(iii) the executive director.
Section 5. Section 
36-28-101
 is amended to read:
36-28-101.
Title.
This chapter is known as the "[
Veterans'
] 
Veterans
 and Military Affairs Commission."
Section 6. Section 
36-28-102
 is amended to read:
36-28-102.
Veterans and Military Affairs Commission -- Creation -- Membership
-- Chairs -- Terms -- Per diem and expenses.
(1) There is created the [
Veterans'
] 
Veterans
 and Military Affairs Commission.
(2) The commission membership is composed of 19 permanent members, but may not
exceed 24 members, and is as follows:
(a) five legislative members to be appointed as follows:
(i) three members from the House of Representatives, appointed by the speaker of the
House of Representatives, no more than two of whom may be from the same political party;
and
(ii) two members from the Senate, appointed by the president of the Senate, no more
than one of whom may be from the same political party;
(b) the executive director of the Department of [
Veterans'
] 
Veterans
 and Military
Affairs or the director's designee;
(c) the chair of the Utah [
Veterans'
] 
Veterans
 Advisory Council;
(d) the executive director of the Department of Workforce Services or the director's
designee;
(e) the executive director of the Department of Health or the director's designee;
(f) the executive director of the Department of Human Services or the director's
designee;
(g) the adjutant general of the Utah National Guard or the adjutant general's designee;
(h) the Guard and Reserve Transition Assistance Advisor;
(i) a member of the Board of Regents or that member's designee;
(j) three representatives of veteran service organizations recommended by the Veterans
Advisory Council and confirmed by the commission;
(k) one member of the Executive Committee of the Utah Defense Alliance;
(l) one military affairs representative from a chamber of commerce member, appointed
by the Utah State Chamber of Commerce; and
(m) a representative from the Veterans Health Administration.
(3) The commission may appoint by majority vote of the entire commission up to five
pro tempore members, representing:
(a) state or local government agencies;
(b) interest groups concerned with veterans issues; or
(c) the general public.
(4) (a) The president of the Senate shall designate a member of the Senate appointed
under Subsection (2)(a) as a cochair of the commission.
(b) The speaker of the House of Representatives shall designate a member of the House
of Representatives appointed under Subsection (2)(a) as a cochair of the commission.
(5) A majority of the members of the commission shall constitute a quorum. The
action of a majority of a quorum constitutes the action of the commission.
(6) The term for each pro tempore member appointed in accordance with Subsection
(3) shall be two years from [
the date
] 
July 1 of the year
 of appointment. A pro tempore
member may not serve more than three terms.
(7) If a member leaves office or is unable to serve, the vacancy shall be filled as it was
originally appointed. A person appointed to fill a vacancy under [
this section does not serve
]
Subsection (6) serves
 the remaining unexpired term of the member being replaced [
but begins
serving a new term
]. 
If the remaining unexpired term is less than six months, the newly
appointed member shall be reappointed on July 1. The time served until July 1 is not counted in
the restriction set forth in Subsection (6).
(8) A member may not receive compensation or benefits for the member's service but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 7. Section 
41-1a-418
 is amended to read:
41-1a-418.
Authorized special group license plates.
(1) The division shall only issue special group license plates in accordance with this
section through Section 
41-1a-422
 to a person who is specified under this section within the
categories listed as follows:
(a) disability special group license plates issued in accordance with Section 
41-1a-420
;
(b) honor special group license plates, as in a war hero, which plates are issued for a:
(i) survivor of the Japanese attack on Pearl Harbor;
(ii) former prisoner of war;
(iii) recipient of a Purple Heart;
(iv) disabled veteran;
(v) recipient of a gold star award issued by the United States Secretary of Defense; or
(vi) recipient of a campaign or combat theater award determined by the Department of
[
Veterans'
] 
Veterans
 and Military Affairs;
(c) unique vehicle type special group license plates, as for historical, collectors value,
or other unique vehicle type, which plates are issued for:
(i) a special interest vehicle;
(ii) a vintage vehicle;
(iii) a farm truck; or
(iv) (A) until Subsection (1)(c)(iv)(B) or (4) applies, a vehicle powered by clean fuel as
defined in Section 
59-13-102
; or
(B) beginning on the effective date of rules made by the Department of Transportation
authorized under Subsection 
41-6a-702
(5)(b) and until Subsection (4) applies, a vehicle
powered by clean fuel that meets the standards established by the Department of Transportation
in rules authorized under Subsection 
41-6a-702
(5)(b);
(d) recognition special group license plates, which plates are issued for:
(i) a current member of the Legislature;
(ii) a current member of the United States Congress;
(iii) a current member of the National Guard;
(iv) a licensed amateur radio operator;
(v) a currently employed, volunteer, or retired firefighter until June 30, 2009;
(vi) an emergency medical technician;
(vii) a current member of a search and rescue team; or
(viii) a current honorary consulate designated by the United States Department of
State; or
(e) support special group license plates, as for a contributor to an institution or cause,
which plates are issued for a contributor to:
(i) an institution's scholastic scholarship fund;
(ii) the Division of Wildlife Resources;
(iii) the Department of [
Veterans'
] 
Veterans
 and Military Affairs;
(iv) the Division of Parks and Recreation;
(v) the Department of Agriculture and Food;
(vi) the Guardian Ad Litem Services Account and the Children's Museum of Utah;
(vii) the Boy Scouts of America;
(viii) spay and neuter programs through No More Homeless Pets in Utah;
(ix) the Boys and Girls Clubs of America;
(x) Utah public education;
(xi) programs that provide support to organizations that create affordable housing for
those in severe need through the Division of Real Estate;
(xii) the Department of Public Safety;
(xiii) programs that support Zion National Park;
(xiv) beginning on July 1, 2009, programs that provide support to firefighter
organizations;
(xv) programs that promote bicycle operation and safety awareness;
(xvi) programs that conduct or support cancer research;
(xvii) programs that create or support autism awareness;
(xviii) programs that create or support humanitarian service and educational and
cultural exchanges;
(xix) until September 30, 2017, programs that conduct or support prostate cancer
awareness, screening, detection, or prevention;
(xx) programs that support and promote adoptions;
(xxi) programs that create or support civil rights education and awareness;
(xxii) programs that support issues affecting women and children through an
organization affiliated with a national professional men's basketball organization;
(xxiii) programs that strengthen youth soccer, build communities, and promote
environmental sustainability through an organization affiliated with a professional men's soccer
organization;
(xxiv) programs that support children with heart disease;
(xxv) programs that support the operation and maintenance of the Utah Law
Enforcement Memorial;
(xxvi) programs that provide assistance to children with cancer; or
(xxvii) programs that promote leadership and career development through agricultural
education.
(2) (a) The division may not issue a new type of special group license plate or decal
unless the division receives:
(i) (A) a private donation for the start-up fee established under Section 
63J-1-504
 for
the production and administrative costs of providing the new special group license plates or
decals; or
(B) a legislative appropriation for the start-up fee provided under Subsection
(2)(a)(i)(A); and
(ii) beginning on January 1, 2012, and for the issuance of a support special group
license plate authorized in Section 
41-1a-422
, at least 500 completed applications for the new
type of support special group license plate or decal to be issued with all fees required under this
part for the support special group license plate or decal issuance paid by each applicant.
(b) (i) Beginning on January 1, 2012, each participating organization shall collect and
hold applications for support special group license plates or decals authorized in Section
41-1a-422
 on or after January 1, 2012, until it has received at least 500 applications.
(ii) Once a participating organization has received at least 500 applications, it shall
submit the applications, along with the necessary fees, to the division for the division to begin
working on the design and issuance of the new type of support special group license plate or
decal to be issued.
(iii) Beginning on January 1, 2012, the division may not work on the issuance or design
of a new support special group license plate or decal authorized in Section 
41-1a-422
 until the
applications and fees required under this Subsection (2) have been received by the division.
(iv) The division shall begin issuance of a new support special group license plate or
decal authorized in Section 
41-1a-422
 on or after January 1, 2012, no later than six months
after receiving the applications and fees required under this Subsection (2).
(c) (i) Beginning on July 1, 2009, the division may not renew a motor vehicle
registration of a motor vehicle that has been issued a firefighter recognition special group
license plate unless the applicant is a contributor as defined in Subsection
41-1a-422
(1)(a)(ii)(D) to the Firefighter Support Restricted Account.
(ii) A registered owner of a vehicle that has been issued a firefighter recognition
special group license plate prior to July 1, 2009, upon renewal of the owner's motor vehicle
registration shall:
(A) be a contributor to the Firefighter Support Restricted Account as required under
Subsection (2)(c)(i); or
(B) replace the firefighter recognition special group license plate with a new license
plate.
(3) Beginning on July 1, 2011, if a support special group license plate or decal type
authorized in Section 
41-1a-422
 and issued on or after January 1, 2012, has fewer than 500
license plates issued each year for a three consecutive year time period that begins on July 1,
the division may not issue that type of support special group license plate or decal to a new
applicant beginning on January 1 of the following calendar year after the three consecutive year
time period for which that type of support special group license plate or decal has fewer than
500 license plates issued each year.
(4) Beginning on July 1, 2011, the division may not issue to an applicant a unique
vehicle type license plate for a vehicle powered by clean fuel under Subsection (1)(c)(iv).
(5) (a) Beginning on October 1, 2017, the division may not issue a new prostate cancer
support special group license plate.
(b) A registered owner of a vehicle that has been issued a prostate cancer support
special group license plate before October 1, 2017, may renew the owner's motor vehicle
registration, with the contribution allocated as described in Section 
41-1a-422
.
Section 8. Section 
41-1a-421
 is amended to read:
41-1a-421.
Honor special group license plates -- Personal identity requirements.
(1) (a) The requirements of this Subsection (1) apply to a vehicle displaying a:
(i) survivor of the Japanese attack on Pearl Harbor license plate;
(ii) former prisoner of war license plate;
(iii) Purple Heart license plate;
(iv) disabled veteran license plate; or
(v) campaign or combat theater award license plate.
(b) The vehicle shall be titled in the name of the veteran or the veteran and spouse.
(c) Upon the death of the veteran, the surviving spouse may, upon application to the
division, retain the special group license plate decal so long as the surviving spouse remains
unmarried.
(d) The division shall require the surviving spouse to make a sworn statement that the
surviving spouse is unmarried before renewing the registration under this section.
(2) Proper evidence of a Purple Heart is either:
(a) a membership card in the Military Order of the Purple Heart; or
(b) an original or certificate in lieu of the applicant's military discharge form, DD-214,
issued by the National Personnel Records Center.
(3) The Purple Heart license plates shall bear:
(a) the words "Purple Heart" at the bottom of the plate;
(b) a logo substantially depicting a Purple Heart award; and
(c) the letter and number combinations assigned by the division.
(4) Proper evidence that a person is a disabled veteran is a written document issued by
a military entity certifying that the person is disabled as a result of service in a branch of the
United States Military.
(5) A disabled veteran seeking a disabled veteran license plate shall request the
Department of [
Veterans'
] 
Veterans
 and Military Affairs to provide the verification required
under Subsection (4).
(6) (a) An applicant for a gold star license plate shall submit written documentation
that the applicant is a recipient of a gold star award issued by the United States Secretary of
Defense.
(b) Written documentation under Subsection (6)(a) may include any of the following:
(i) a death certificate;
(ii) documentation showing classification of death as listed by the United States
Secretary of Defense;
(iii) a casualty report;
(iv) a telegram from the United States Secretary of Defense or one of the branches of
the United States armed forces; or
(v) other documentation that verifies the applicant meets the requirements of
Subsection (6)(a).
(7) An applicant for a campaign or combat theater award special group license plate
shall:
(a) be a contributor in accordance with Subsections 
41-1a-422
(1)(a)(i)(B) and
(1)(a)(ii)(A); and
(b) submit a form to the division obtained from the Department of [
Veterans'
] 
Veterans
and Military Affairs which verifies that the applicant qualifies for the campaign or combat
theater award special group license plate requested.
(8) Each campaign or combat theater award special group license plate authorized by
the Department of [
Veterans'
] 
Veterans
 and Military Affairs shall be considered a new special
group license plate and require the payment of the fees associated with newly authorized
special group license plates.
Section 9. Section 
41-1a-422
 is amended to read:
41-1a-422.
Support special group license plates -- Contributor -- Voluntary
contribution collection procedures.
(1) As used in this section:
(a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
has donated or in whose name at least $25 has been donated to:
(A) a scholastic scholarship fund of a single named institution;
(B) the Department of [
Veterans'
] 
Veterans
 and Military Affairs for [
veterans'
] 
veterans
programs;
(C) the Division of Wildlife Resources for the Wildlife Resources Account created in
Section 
23-14-13
, for conservation of wildlife and the enhancement, preservation, protection,
access, and management of wildlife habitat;
(D) the Department of Agriculture and Food for the benefit of conservation districts;
(E) the Division of Parks and Recreation for the benefit of snowmobile programs;
(F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
the donation evenly divided between the two;
(G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
council as specified by the contributor;
(H) No More Homeless Pets in Utah for distribution to organizations or individuals
that provide spay and neuter programs that subsidize the sterilization of domestic animals;
(I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
development programs;
(J) the Utah Association of Public School Foundations to support public education;
(K) the Utah Housing Opportunity Restricted Account created in Section 
61-2-204
 to
assist people who have severe housing needs;
(L) the Public Safety Honoring Heroes Restricted Account created in Section 
53-1-118
to support the families of fallen Utah Highway Patrol troopers and other Department of Public
Safety employees;
(M) the Division of Parks and Recreation for distribution to organizations that provide
support for Zion National Park;
(N) the Firefighter Support Restricted Account created in Section 
53-7-109
 to support
firefighter organizations;
(O) the Share the Road Bicycle Support Restricted Account created in Section
72-2-127
 to support bicycle operation and safety awareness programs;
(P) the Cancer Research Restricted Account created in Section 
26-21a-302
 to support
cancer research programs;
(Q) Autism Awareness Restricted Account created in Section 
53A-1-304
 to support
autism awareness programs;
(R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
created in Section 
9-17-102
 to support humanitarian service and educational and cultural
programs;
(S) Prostate Cancer Support Restricted Account created in Section 
26-21a-303
 for
programs that conduct or support prostate cancer awareness, screening, detection, or prevention
until September 30, 2017, and beginning on October 1, 2017, upon renewal of a prostate cancer
support special group license plate, to the Cancer Research Restricted Account created in
Section 
26-21a-302
 to support cancer research programs;
(T) the Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
 to support programs that promote adoption;
(U) the Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
;
(V) the National Professional Men's Basketball Team Support of Women and Children
Issues Restricted Account created in Section 
62A-1-202
;
(W) the Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
;
(X) the Children with Cancer Support Restricted Account created in Section
26-21a-304
 for programs that provide assistance to children with cancer;
(Y) the National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
;
(Z) the Children with Heart Disease Support Restricted Account created in Section
26-58-102
;
(AA) the Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
; or
(BB) the Division of Wildlife Resources for the Support for State-Owned Shooting
Ranges Restricted Account created in Section 
23-14-13.5
, for the creation of new, and
operation and maintenance of existing, state-owned firearm shooting ranges.
(ii) (A) For a [
veterans'
] 
veterans
 special group license plate, "contributor" means a
person who has donated or in whose name at least a $25 donation at the time of application and
$10 annual donation thereafter has been made.
(B) For a Utah Housing Opportunity special group license plate, "contributor" means a
person who:
(I) has donated or in whose name at least $30 has been donated at the time of
application and annually after the time of application; and
(II) is a member of a trade organization for real estate licensees that has more than
15,000 Utah members.
(C) For an Honoring Heroes special group license plate, "contributor" means a person
who has donated or in whose name at least $35 has been donated at the time of application and
annually thereafter.
(D) For a firefighter support special group license plate, "contributor" means a person
who:
(I) has donated or in whose name at least $15 has been donated at the time of
application and annually after the time of application; and
(II) is a currently employed, volunteer, or retired firefighter.
(E) For a cancer research special group license plate, "contributor" means a person who
has donated or in whose name at least $35 has been donated at the time of application and
annually after the time of application.
(F) For a Martin Luther King, Jr. Civil Rights Support special group license plate,
"contributor" means a person who has donated or in whose name at least $35 has been donated
at the time of application and annually thereafter.
(G) For a Utah Law Enforcement Memorial Support special group license plate,
"contributor" means a person who has donated or in whose name at least $35 has been donated
at the time of application and annually thereafter.
(b) "Institution" means a state institution of higher education as defined under Section
53B-3-102
 or a private institution of higher education in the state accredited by a regional or
national accrediting agency recognized by the United States Department of Education.
(2) (a) An applicant for original or renewal collegiate special group license plates under
Subsection (1)(a)(i) must be a contributor to the institution named in the application and
present the original contribution verification form under Subsection (2)(b) or make a
contribution to the division at the time of application under Subsection (3).
(b) An institution with a support special group license plate shall issue to a contributor
a verification form designed by the commission containing:
(i) the name of the contributor;
(ii) the institution to which a donation was made;
(iii) the date of the donation; and
(iv) an attestation that the donation was for a scholastic scholarship.
(c) The state auditor may audit each institution to verify that the money collected by the
institutions from contributors is used for scholastic scholarships.
(d) After an applicant has been issued collegiate license plates or renewal decals, the
commission shall charge the institution whose plate was issued, a fee determined in accordance
with Section 
63J-1-504
 for management and administrative expenses incurred in issuing and
renewing the collegiate license plates.
(e) If the contribution is made at the time of application, the contribution shall be
collected, treated, and deposited as provided under Subsection (3).
(3) (a) An applicant for original or renewal support special group license plates under
this section must be a contributor to the sponsoring organization associated with the license
plate.
(b) This contribution shall be:
(i) unless collected by the named institution under Subsection (2), collected by the
division;
(ii) considered a voluntary contribution for the funding of the activities specified under
this section and not a motor vehicle registration fee;
(iii) deposited into the appropriate account less actual administrative costs associated
with issuing the license plates; and
(iv) for a firefighter special group license plate, deposited into the appropriate account
less:
(A) the costs of reordering firefighter special group license plate decals; and
(B) the costs of replacing recognition special group license plates with new license
plates under Subsection 
41-1a-1211
(13).
(c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
registration or renewal of registration.
(d) The donation described in Subsection (1)(a) shall be a one-time donation made to
the division when issuing original:
(i) snowmobile license plates; or
(ii) conservation license plates.
(4) [
Veterans'
] 
Veterans
 license plates shall display one of the symbols representing the
Army, Navy, Air Force, Marines, Coast Guard, or American Legion.
Section 10. Section 
53-3-205
 is amended to read:
53-3-205.
Application for license or endorsement -- Fee required -- Tests --
Expiration dates of licenses and endorsements -- Information required -- Previous
licenses surrendered -- Driving record transferred from other states -- Reinstatement --
Fee required -- License agreement.
(1) An application for any original license, provisional license, or endorsement shall
be:
(a) made upon a form furnished by the division; and
(b) accompanied by a nonrefundable fee set under Section 
53-3-105
.
(2) An application and fee for an original provisional class D license or an original
class D license entitle the applicant to:
(a) not more than three attempts to pass both the knowledge and the skills tests for a
class D license within six months of the date of the application;
(b) a learner permit if needed pending completion of the application and testing
process; and
(c) an original class D license and license certificate after all tests are passed and
requirements are completed.
(3) An application and fee for a motorcycle or taxicab endorsement entitle the
applicant to:
(a) not more than three attempts to pass both the knowledge and skills tests within six
months of the date of the application;
(b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
(c) a motorcycle or taxicab endorsement when all tests are passed.
(4) An application and fees for a commercial class A, B, or C license entitle the
applicant to:
(a) not more than two attempts to pass a knowledge test and not more than two
attempts to pass a skills test within six months of the date of the application;
(b) both a commercial driver instruction permit and a temporary license permit for the
license class held before the applicant submits the application if needed after the knowledge
test is passed; and
(c) an original commercial class A, B, or C license and license certificate when all
applicable tests are passed.
(5) An application and fee for a CDL endorsement entitle the applicant to:
(a) not more than two attempts to pass a knowledge test and not more than two
attempts to pass a skills test within six months of the date of the application; and
(b) a CDL endorsement when all tests are passed.
(6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
test within the number of attempts provided in Subsection (4) or (5), each test may be taken
two additional times within the six months for the fee provided in Section 
53-3-105
.
(b) (i) Beginning July 1, 2015, an out-of-state resident who holds a valid CDIP issued
by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
administered by the division if the out-of-state resident pays the fee provided in Subsection
53-3-105
(20)(b).
(ii) The division shall:
(A) electronically transmit skills test results for an out-of-state resident to the licensing
agency in the state or jurisdiction in which the person has obtained a valid CDIP; and
(B) provide the out-of-state resident with documentary evidence upon successful
completion of the skills test.
(7) (a) Except as provided under Subsections (7)(f), (g), and (h), an original license
expires on the birth date of the applicant in the fifth year following the year the license
certificate was issued.
(b) Except as provided under Subsections (7)(f), (g), and (h), a renewal or an extension
to a license expires on the birth date of the licensee in the fifth year following the expiration
date of the license certificate renewed or extended.
(c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
the same date as the last license certificate issued.
(d) An endorsement to a license expires on the same date as the license certificate
regardless of the date the endorsement was granted.
(e) (i) A regular license certificate and any endorsement to the regular license
certificate held by a person described in Subsection (7)(e)(ii), which expires during the time
period the person is stationed outside of the state, is valid until 90 days after the person's orders
have been terminated, the person has been discharged, or the person's assignment has been
changed or terminated, unless:
(A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
the division; or
(B) the licensee updates the information or photograph on the license certificate.
(ii) The provisions in Subsection (7)(e)(i) apply to a person:
(A) ordered to active duty and stationed outside of Utah in any of the armed forces of
the United States;
(B) who is an immediate family member or dependent of a person described in
Subsection (7)(e)(ii)(A) and is residing outside of Utah;
(C) who is a civilian employee of the United States State Department or United States
Department of Defense and is stationed outside of the United States; or
(D) who is an immediate family member or dependent of a person described in
Subsection (7)(e)(ii)(C) and is residing outside of the United States.
(f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
renewal to a limited-term license certificate expires:
(A) on the expiration date of the period of time of the individual's authorized stay in
the United States or on the date provided under this Subsection (7), whichever is sooner; or
(B) on the date of issuance in the first year following the year that the limited-term
license certificate was issued if there is no definite end to the individual's period of authorized
stay.
(ii) A limited-term license certificate or a renewal to a limited-term license certificate
issued to an approved asylee or a refugee expires on the birth date of the applicant in the fourth
year following the year that the limited-term license certificate was issued.
(g) A driving privilege card issued or renewed under Section 
53-3-207
 expires on the
birth date of the applicant in the first year following the year that the driving privilege card was
issued or renewed.
(h) An original license or a renewal to an original license expires on the birth date of
the applicant in the first year following the year that the license was issued if the applicant is
required to register as a sex offender in accordance with Title 77, Chapter 41, Sex and Kidnap
Offender Registry.
(8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
Procedures Act, for requests for agency action, each applicant shall:
(i) provide:
(A) the applicant's full legal name;
(B) the applicant's birth date;
(C) the applicant's gender;
(D) (I) documentary evidence of the applicant's valid Social Security number;
(II) written proof that the applicant is ineligible to receive a Social Security number;
(III) the applicant's temporary identification number (ITIN) issued by the Internal
Revenue Service for a person who:
(Aa) does not qualify for a Social Security number; and
(Bb) is applying for a driving privilege card; or
(IV) other documentary evidence approved by the division;
(E) the applicant's Utah residence address as documented by a form or forms
acceptable under rules made by the division under Section 
53-3-104
, unless the application is
for a temporary CDL issued under Subsection 
53-3-407
(2)(b); and
(F) fingerprints and a photograph in accordance with Section 
53-3-205.5
 if the person
is applying for a driving privilege card;
(ii) provide evidence of the applicant's lawful presence in the United States by
providing documentary evidence:
(A) that a person is:
(I) a United States citizen;
(II) a United States national; or
(III) a legal permanent resident alien; or
(B) of the applicant's:
(I) unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(II) pending or approved application for asylum in the United States;
(III) admission into the United States as a refugee;
(IV) pending or approved application for temporary protected status in the United
States;
(V) approved deferred action status;
(VI) pending application for adjustment of status to legal permanent resident or
conditional resident; or
(VII) conditional permanent resident alien status;
(iii) provide a description of the applicant;
(iv) state whether the applicant has previously been licensed to drive a motor vehicle
and, if so, when and by what state or country;
(v) state whether the applicant has ever had any license suspended, cancelled, revoked,
disqualified, or denied in the last 10 years, or whether the applicant has ever had any license
application refused, and if so, the date of and reason for the suspension, cancellation,
revocation, disqualification, denial, or refusal;
(vi) state whether the applicant intends to make an anatomical gift under Title 26,
Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
(vii) state whether the applicant is required to register as a sex offender in accordance
with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(viii) state whether the applicant is a veteran of the United States military, provide
verification that the applicant was granted an honorable or general discharge from the United
States Armed Forces, and state whether the applicant does or does not authorize sharing the
information with the [
state
] Department of [
Veterans'
] 
Veterans
 and Military Affairs;
(ix) provide all other information the division requires; and
(x) sign the application which signature may include an electronic signature as defined
in Section 
46-4-102
.
(b) Each applicant shall have a Utah residence address, unless the application is for a
temporary CDL issued under Subsection 
53-3-407
(2)(b).
(c) Each applicant shall provide evidence of lawful presence in the United States in
accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
(d) The division shall maintain on its computerized records an applicant's:
(i) (A) Social Security number;
(B) temporary identification number (ITIN); or
(C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
(ii) indication whether the applicant is required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
(9) The division shall require proof of every applicant's name, birthdate, and birthplace
by at least one of the following means:
(a) current license certificate;
(b) birth certificate;
(c) Selective Service registration; or
(d) other proof, including church records, family Bible notations, school records, or
other evidence considered acceptable by the division.
(10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
higher class than what the applicant originally was issued:
(i) the license application shall be treated as an original application; and
(ii) license and endorsement fees shall be assessed under Section 
53-3-105
.
(b) An applicant that receives a downgraded license in a lower license class during an
existing license cycle that has not expired:
(i) may be issued a duplicate license with a lower license classification for the
remainder of the existing license cycle; and
(ii) shall be assessed a duplicate license fee under Subsection 
53-3-105
(22) if a
duplicate license is issued under Subsection (10)(b)(i).
(c) An applicant who has received a downgraded license in a lower license class under
Subsection (10)(b):
(i) may, when eligible, receive a duplicate license in the highest class previously issued
during a license cycle that has not expired for the remainder of the existing license cycle; and
(ii) shall be assessed a duplicate license fee under Subsection 
53-3-105
(22) if a
duplicate license is issued under Subsection (10)(c)(i).
(11) (a) When an application is received from a person previously licensed in another
state to drive a motor vehicle, the division shall request a copy of the driver's record from the
other state.
(b) When received, the driver's record becomes part of the driver's record in this state
with the same effect as though entered originally on the driver's record in this state.
(12) An application for reinstatement of a license after the suspension, cancellation,
disqualification, denial, or revocation of a previous license shall be accompanied by the
additional fee or fees specified in Section 
53-3-105
.
(13) A person who has an appointment with the division for testing and fails to keep
the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
under Section 
53-3-105
.
(14) A person who applies for an original license or renewal of a license agrees that the
person's license is subject to any suspension or revocation authorized under this title or Title
41, Motor Vehicles.
(15) (a) The indication of intent under Subsection (8)(a)(vi) shall be authenticated by
the licensee in accordance with division rule.
(b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may, upon request, release to an organ procurement
organization, as defined in Section 
26-28-102
, the names and addresses of all persons who
under Subsection (8)(a)(vi) indicate that they intend to make an anatomical gift.
(ii) An organ procurement organization may use released information only to:
(A) obtain additional information for an anatomical gift registry; and
(B) inform licensees of anatomical gift options, procedures, and benefits.
(16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may release to the Department of [
Veterans'
] 
Veterans
 and
Military Affairs the names and addresses of all persons who indicate their status as a veteran
under Subsection (8)(a)(viii).
(17) The division and its employees are not liable, as a result of false or inaccurate
information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
(a) loss;
(b) detriment; or
(c) injury.
(18) A person who knowingly fails to provide the information required under
Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
(19) (a) Until December 1, 2014, a person born on or after December 1, 1964, may
hold both an unexpired Utah license certificate and an unexpired Utah identification card.
(b) On or after December 1, 2014, a person born on or after December 1, 1964:
(i) may not hold both an unexpired Utah license certificate and an unexpired
identification card; and
(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
identification card in the person's possession, shall be required to surrender either the unexpired
Utah license certificate or the unexpired Utah identification card.
(c) If a person has not surrendered either the Utah license certificate or the Utah
identification card as required under this Subsection (19), the division shall cancel the Utah
identification card on December 1, 2014.
(20) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
both an unexpired Utah license certificate and an unexpired Utah identification card.
(b) On or after December 1, 2017, a person born prior to December 1, 1964:
(i) may not hold both an unexpired Utah license certificate and an unexpired
identification card; and
(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
identification card in the person's possession, shall be required to surrender either the unexpired
Utah license certificate or the unexpired Utah identification card.
(c) If a person has not surrendered either the Utah license certificate or the Utah
identification card as required under this Subsection (20), the division shall cancel the Utah
identification card on December 1, 2017.
(21) (a) A person who applies for an original motorcycle endorsement to a regular
license certificate is exempt from the requirement to pass the knowledge and skills test to be
eligible for the motorcycle endorsement if the person:
(i) is a resident of the state of Utah;
(ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
forces of the United States; or
(B) is an immediate family member or dependent of a person described in Subsection
(21)(a)(ii)(A) and is residing outside of Utah;
(iii) has a digitized driver license photo on file with the division;
(iv) provides proof to the division of the successful completion of a certified
Motorcycle Safety Foundation rider training course; and
(v) provides the necessary information and documentary evidence required under
Subsection (8).
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules:
(i) establishing the procedures for a person to obtain a motorcycle endorsement under
this Subsection (21); and
(ii) identifying the applicable restrictions for a motorcycle endorsement issued under
this Subsection (21).
Section 11. Section 
53-3-804
 is amended to read:
53-3-804.
Application for identification card -- Required information -- Release
of anatomical gift information -- Cancellation of identification card.
(1) To apply for a regular identification card or limited-term identification card, the
applicant shall:
(a) be a Utah resident;
(b) have a Utah residence address; and
(c) appear in person at any license examining station.
(2) The applicant shall provide the following information to the division:
(a) true and full legal name and Utah residence address;
(b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
other satisfactory evidence of birth, which shall be attached to the application;
(c) (i) Social Security number; or
(ii) written proof that the applicant is ineligible to receive a Social Security number;
(d) place of birth;
(e) height and weight;
(f) color of eyes and hair;
(g) signature;
(h) photograph;
(i) evidence of the applicant's lawful presence in the United States by providing
documentary evidence:
(i) that a person is:
(A) a United States citizen;
(B) a United States national; or
(C) a legal permanent resident alien; or
(ii) of the applicant's:
(A) unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(B) pending or approved application for asylum in the United States;
(C) admission into the United States as a refugee;
(D) pending or approved application for temporary protected status in the United
States;
(E) approved deferred action status;
(F) pending application for adjustment of status to legal permanent resident or
conditional resident; or
(G) conditional permanent resident alien status;
(j) an indication whether the applicant intends to make an anatomical gift under Title
26, Chapter 28, Revised Uniform Anatomical Gift Act;
(k) an indication whether the applicant is required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry; and
(l) an indication whether the applicant is a veteran of the United States Armed Forces,
verification that the applicant has received an honorable or general discharge from the United
States Armed Forces, and an indication whether the applicant does or does not authorize
sharing the information with the state Department of [
Veterans'
] 
Veterans
 and Military Affairs.
(3) The requirements of Section 
53-3-234
 apply to this section for each person, age 16
and older, applying for an identification card. Refusal to consent to the release of information
shall result in the denial of the identification card.
(4) A person who knowingly fails to provide the information required under Subsection
(2)(k) is guilty of a class A misdemeanor.
(5) (a) Until December 1, 2014, a person born on or after December 1, 1964, may hold
both an unexpired Utah license certificate and an unexpired Utah identification card.
(b) On or after December 1, 2014, a person born on or after December 1, 1964:
(i) may not hold both an unexpired Utah license certificate and an unexpired
identification card; and
(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
identification card in the person's possession, shall be required to surrender either the unexpired
Utah license certificate or the unexpired Utah identification card.
(c) If a person has not surrendered either the Utah license certificate or the Utah
identification card as required under this Subsection (5), the division shall cancel the Utah
identification card on December 1, 2014.
(6) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
both an unexpired Utah license certificate and an unexpired Utah identification card.
(b) On or after December 1, 2017, a person born prior to December 1, 1964:
(i) may not hold both an unexpired Utah license certificate and an unexpired
identification card; and
(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
identification card in the person's possession, shall be required to surrender either the unexpired
Utah license certificate or the unexpired Utah identification card.
(c) If a person has not surrendered either the Utah license certificate or the Utah
identification card as required under this Subsection (6), the division shall cancel the Utah
identification card on December 1, 2017.
Section 12. Section 
53-3-805
 is amended to read:
53-3-805.
Identification card -- Contents -- Specifications.
(1) (a) The division shall issue an identification card that bears:
(i) the distinguishing number assigned to the person by the division;
(ii) the name, birth date, and Utah residence address of the person;
(iii) a brief description of the person for the purpose of identification;
(iv) a photograph of the person;
(v) a photograph or other facsimile of the person's signature;
(vi) an indication whether the person intends to make an anatomical gift under Title 26,
Chapter 28, Revised Uniform Anatomical Gift Act; and
(vii) if the person states that the person is a veteran of the United States military on the
application for an identification card in accordance with Section 
53-3-804
 and provides
verification that the person received an honorable or general discharge from the United States
Armed Forces, an indication that the person is a United States military veteran for a regular
identification card or a limited-term identification card issued on or after July 1, 2011.
(b) An identification card issued by the division may not bear the person's Social
Security number or place of birth.
(2) (a) The card shall be of an impervious material, resistant to wear, damage, and
alteration.
(b) Except as provided under Section 
53-3-806
, the size, form, and color of the card is
prescribed by the commissioner.
(3) At the applicant's request, the card may include a statement that the applicant has a
special medical problem or allergies to certain drugs, for the purpose of medical treatment.
(4) (a) The indication of intent under Subsection 
53-3-804
(2)(j) shall be authenticated
by the applicant in accordance with division rule.
(b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may, upon request, release to an organ procurement
organization, as defined in Section 
26-28-102
, the names and addresses of all persons who
under Subsection 
53-3-804
(2)(j) indicate that they intend to make an anatomical gift.
(ii) An organ procurement organization may use released information only to:
(A) obtain additional information for an anatomical gift registry; and
(B) inform applicants of anatomical gift options, procedures, and benefits.
(5) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may release to the Department of [
Veterans'
] 
Veterans
 and
Military Affairs the names and addresses of all persons who indicate their status as a veteran
under Subsection 
53-3-804
(2)(l).
(6) The division and its employees are not liable, as a result of false or inaccurate
information provided under Subsection 
53-3-804
(2)(j) or (l), for direct or indirect:
(a) loss;
(b) detriment; or
(c) injury.
(7) (a) The division may issue a temporary regular identification card to a person while
the person obtains the required documentation to establish verification of the information
described in Subsections 
53-3-804
(2)(a), (b), (c), (d), and (i)(i).
(b) A temporary regular identification card issued under this Subsection (7) shall be
recognized and grant the person the same privileges as a regular identification card.
(c) A temporary regular identification card issued under this Subsection (7) is invalid:
(i) when the person's regular identification card has been issued;
(ii) when, for good cause, an applicant's application for a regular identification card has
been refused; or
(iii) upon expiration of the temporary regular identification card.
Ĥ→ [
Section 13. 
Section 
53A-1-1019
 is amended to read:
53A-1-1019. Creation of State Council on Military Children.
(1) There is established a State Council on Military Children, as required in Section
53A-1-1008
.
(2) The members of the State Council on Military Children shall include:
(a) the state superintendent of public instruction;
(b) a superintendent of a school district with a high concentration of military children
appointed by the governor;
(c) a representative from a military installation, appointed by the governor;
(d) one member of the House of Representatives, appointed by the speaker of the
House;
(e) one member of the Senate, appointed by the president of the Senate;
(f) a representative from the Department of [Veterans'] 
Veterans
 and Military Affairs,
appointed by the governor;
(g) a military family education liaison, appointed by the members listed in Subsections
(2)(a) through (f);
(h) the compact commissioner, appointed in accordance with Section 
53A-1-1020
; and
(i) other members as determined by the governor.
(3) The State Council on Military Children shall carry out the duties established in
Section 
53A-1-1008
.
(4) (a) A member who is not a legislator may not receive compensation or per diem.
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Section 14. 
Section 
53A-3-427
 is amended to read:
53A-3-427. Honorary high school diploma for certain veterans.
(1) A board of education of a school district may award an honorary high school ←Ĥ
 Ĥ→ 
diploma to a veteran, if the veteran:
(a) left high school before graduating in order to serve in the armed forces of the
United States;
(b) served in the armed forces of the United States during the period of World War II,
the Korean War, or the Vietnam War;
(c) (i) was honorably discharged; or
(ii) was released from active duty because of a service-related disability; and
(d) (i) resides within the school district; or
(ii) resided within the school district at the time of leaving high school to serve in the
armed forces of the United States.
(2) To receive an honorary high school diploma, a veteran or immediate family
member or guardian of a veteran shall submit to a local school board:
(a) a request for an honorary high school diploma; and
(b) information required by the local school board to verify the veteran's eligibility for
an honorary high school diploma under Subsection (1).
(3) At the request of a veteran, a veteran's immediate family member or guardian, or a
local school board, the Department of [Veterans'] 
Veterans
 and Military Affairs shall certify
whether the veteran meets the requirements of Subsections (1)(b) and (c).
] ←Ĥ
Section 
Ĥ→ [
] 
 ←Ĥ
 . Section 
53B-8-107
 is amended to read:
53B-8-107.
Military member surviving dependents -- Tuition waiver.
(1) As used in this section:
(a) "Federal active duty" means serving under orders in accordance with United States
Code, Title 10 or Title 32, at any time on or after September 11, 2001.
(b) "Qualifying deceased military member" means a person who:
(i) was killed while serving on state or federal active duty, under orders of competent
authority and not as a result of the member's own misconduct; or
(ii) dies of wounds or injuries received while serving on state or federal active duty,
under orders of competent authority and not as a result of the member's own misconduct; and
(iii) was a member of the armed forces of the United States and a Utah resident;
(iv) was a member of the reserve component of the armed forces on or after September
11, 2001, and a Utah resident; or
(v) was a member of the Utah National Guard on or after September 11, 2001.
(c) "State active duty" means serving in the Utah National Guard in any duty status
authorized by the governor under Title 39, Militias and Armories.
(2) This section shall be known as the Scott B. Lundell Military Survivors' tuition
waiver.
(3) A state institution of higher education shall waive undergraduate tuition for a
dependent of a qualifying deceased military member under the following conditions:
(a) the dependent has been accepted by the institution in accordance with the
institution's admissions guidelines;
(b) except as provided in Subsection (4), the dependent is a resident student as
determined under Section 
53B-8-102
;
(c) the dependent may not have already completed a course of studies leading to an
undergraduate degree;
(d) the dependent may only utilize the waiver for courses that are applicable toward the
degree or certificate requirements of the program in which the dependent is enrolled; and
(e) the dependent may not be excluded from the waiver if the dependent has previously
taken courses at or has been awarded credit by a state institution of higher education.
(4) Notwithstanding Subsection (3)(b), a dependent of a qualifying deceased military
member that was a member of the Utah National Guard is not required to be a resident student
as determined under Section 
53B-8-102
.
(5) The tuition waiver in this section is applicable for undergraduate study only.
(6) The Department of [
Veterans'
] 
Veterans
 and Military Affairs, after consultation
with the adjutant general if necessary, shall certify to the institution that the dependent is a
surviving dependent eligible for the tuition waiver in accordance with this section.
(7) The waiver in this section does not apply to fees, books, or housing expenses.
(8) The State Board of Regents may request reimbursement from the Legislature for
costs incurred in providing the tuition waiver under this section.
Section 16. Section 
53B-8e-103
 is amended to read:
53B-8e-103.
Tuition waivers for Purple Heart recipients -- Qualifications --
Limitations.
(1) Beginning in the 2004-05 academic year, a state institution of higher education
shall waive undergraduate tuition for each Purple Heart recipient who:
(a) is admitted as a full-time, part-time, or summer school student in an undergraduate
program of study leading to a degree or certificate;
(b) is a resident student of the state as determined under Section 
53B-8-102
; and
(c) submits verification as provided in Subsection (3) that the student is a Purple Heart
recipient.
(2) (a) Beginning in the 2008-09 academic year, a state institution of higher education
shall waive graduate tuition as provided in this Subsection (2) for each Purple Heart recipient
who:
(i) is admitted as a full-time, part-time, or summer school student in a graduate
program of study leading to a degree;
(ii) is a resident student of the state as determined under Section 
53B-8-102
; and
(iii) submits verification as provided in Subsection (3) that the student is a Purple Heart
recipient.
(b) To qualify for a graduate tuition waiver, a Purple Heart recipient shall apply for a
graduate program no later than 10 years from the day on which the Purple Heart recipient
completes an undergraduate degree.
(c) The total amount of all graduate tuition waived for a Purple Heart recipient may not
exceed $10,000.
(d) A Purple Heart recipient may receive a graduate tuition waiver for a period of time
that does not exceed the lesser of:
(i) the time it takes for the Purple Heart recipient to complete a graduate degree; or
(ii) five years after the day on which the Purple Heart recipient is accepted to a
graduate program.
(3) A Purple Heart recipient seeking a tuition waiver shall request the Department of
[
Veterans'
] 
Veterans
 and Military Affairs to provide the verification required by Subsection
(1)(c). The Department of [
Veterans'
] 
Veterans
 and Military Affairs shall provide the
verification upon obtaining evidence satisfactory to the division that the student is a Purple
Heart recipient.
(4) The State Board of Regents may request reimbursement from the Legislature for
costs incurred in providing the tuition waiver under this section.
Section 
Ĥ→ [
] 
 ←Ĥ
 . Section 
53B-16-107
 is amended to read:
53B-16-107.
Credit for military service and training -- Notification --
Transferability -- Reporting.
(1) As used in this section, "credit" includes proof of equivalent noncredit course
completion awarded by a technical college.
(2) An institution of higher education listed in Section 
53B-2-101
 shall provide written
notification to each student applying for admission that the student is required to meet with a
college counselor in order to receive credit for military service and training as recommended by
a postsecondary accreditation agency or association designated by the board or the Utah System
of Technical Colleges Board of Trustees if:
(a) credit for military service and training is requested by the student; and
(b) the student has met with an advisor at an institution of higher education listed in
Section 
53B-2-101
 at which the student intends to enroll to discuss applicability of credit to
program requirements, possible financial aid implications, and other factors that may impact
attainment of the student's educational goals.
(3) Upon transfer within the state system of higher education, a student may present a
transcript to the receiving institution of higher education for evaluation and to determine the
applicability of credit to the student's program of study, and the receiving institution of higher
education shall evaluate the credit to be transferred pursuant to Subsection (2).
(4) The board and the Utah System of Technical Colleges Board of Trustees shall
annually report the number of credits awarded under this section by each institution of higher
education to the [
Utah
] Department of [
Veterans'
] 
Veterans and Military
 Affairs.
1258a 
Ĥ→ 
Section 16. Section 53E-3-920 is amended to read:
1258b 
53E-3-920. Creation of State Council on Military Children.
1258c 
 (1) There is established a State Council on Military Children, as required in Section
1258d 
53E-3-909.
1258e 
 (2) The members of the State Council on Military Children shall include:
1258f 
 (a) the state superintendent of public instruction;
1258g 
 (b) a superintendent of a school district with a high concentration of military children
1258h 
appointed by the governor;
1258i 
 (c) a representative from a military installation, appointed by the governor;
1258j 
 (d) one member of the House of Representatives, appointed by the speaker of the House;
1258k 
 (e) one member of the Senate, appointed by the president of the Senate;
1258l 
 (f) a representative from the Department of [
Veterans'
] 
Veterans 
 and Military
1258m 
Affairs, appointed by the governor;
1258n 
 (g) a military family education liaison, appointed by the members listed in Subsections
1258o 
(2)(a) through (f);
←Ĥ
1258p 
Ĥ→ (h) the compact commissioner, appointed in accordance with Section 53E-3-921; and
1258q 
 (i) other members as determined by the governor.
1258r 
 (3) The State Council on Military Children shall carry out the duties established in
1258s 
Section 53E-3-909.
1258t 
 (4) (a) A member who is not a legislator may not receive compensation or per diem.
1258u 
 (b) Compensation and expenses of a member who is a legislator are governed by
1258v 
Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1258w 
Section 17. Section 53G-7-214 is amended to read:
1258x 
 53G-7-214. Honorary high school diploma for certain veterans.
1258y 
 (1) A board of education of a school district may award an honorary high school
1258z 
diploma to a veteran, if the veteran:
1258aa 
 (a) left high school before graduating in order to serve in the armed forces of the
1258ab 
United States;
1258ac 
 (b) served in the armed forces of the United States during the period of World War II,
1258ad 
the Korean War, or the Vietnam War;
1258ae 
 (c) (i) was honorably discharged; or
1258af 
 (ii) was released from active duty because of a service-related disability; and
1258ag 
 (d) (i) resides within the school district; or
1258ah 
 (ii) resided within the school district at the time of leaving high school to serve in the
1258ai 
armed forces of the United States.
1258aj 
 (2) To receive an honorary high school diploma, a veteran or immediate family
1258ak 
member or guardian of a veteran shall submit to a local school board:
1258al 
 (a) a request for an honorary high school diploma; and
1258am 
 (b) information required by the local school board to verify the veteran's eligibility for
1258an 
an honorary high school diploma under Subsection (1).
1258ao 
 (3) At the request of a veteran, a veteran's immediate family member or guardian, or a
1258ap 
local school board, the Department of [
Veterans'
] 
Veterans
 and Military Affairs shall
1258aq 
certify whether the veteran meets the requirements of Subsections (1)(b) and (c).
←Ĥ
Section 18. Section 
58-17b-622
 is amended to read:
58-17b-622.
Pharmacy benefit management services -- Auditing of pharmacy
records -- Appeals.
(1) For purposes of this section:
(a) "Audit" means a review of the records of a pharmacy by or on behalf of an entity
that finances or reimburses the cost of health care services or pharmaceutical products.
(b) "Entity" includes:
(i) a pharmacy benefits manager or coordinator;
(ii) a health benefit plan;
(iii) a third party administrator as defined in Section 
31A-1-301
;
(iv) a state agency; or
(v) a company, group, or agent that represents, or is engaged by, one of the entities
described in Subsections (1)(b)(i) through (iv).
(c) "Fraud" means an intentional act of deception, misrepresentation, or concealment in
order to gain something of value.
(d) "Health benefit plan" means:
(i) a health benefit plan as defined in Section 
31A-1-301
; or
(ii) a health, dental, medical, Medicare supplement, or conversion program offered
under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act.
(2) (a) Except as provided in Subsection (2)(b), this section applies to:
(i) a contract for the audit of a pharmacy entered into, amended, or renewed on or after
July 1, 2012; and
(ii) an entity that conducts an audit of the pharmacy records of a pharmacy licensed
under this chapter.
(b) This section does not apply to an audit of pharmacy records:
(i) for a federally funded prescription drug program, including:
(A) the state Medicaid program;
(B) the Medicare Part D program;
(C) a Department of Defense prescription drug program;
(D) a [
Veteran's
] 
Veterans
 Affairs prescription drug program; or
(ii) when fraud or other intentional and willful misrepresentation is alleged and the
pharmacy audit entity has evidence that the pharmacy's actions reasonably indicate fraud or
intentional and willful misrepresentation.
(3) (a) An audit that involves clinical or professional judgment shall be conducted by
or in consultation with a pharmacist who is employed by or working with the auditing entity
and who is licensed in the state or another state.
(b) If an audit is conducted on site at a pharmacy, the entity conducting the audit:
(i) shall give the pharmacy 10 days advanced written notice of:
(A) the audit; and
(B) the range of prescription numbers or a date range included in the audit; and
(ii) may not audit a pharmacy during the first five business days of the month, unless
the pharmacy agrees to the timing of the audit.
(c) An entity may not audit claims:
(i) submitted more than 18 months prior to the audit, unless:
(A) required by federal law; or
(B) the originating prescription is dated in the preceding six months; or
(ii) that exceed 200 selected prescription claims.
(4) (a) An entity may not:
(i) include dispensing fees in the calculations of overpayments unless the prescription
is considered a misfill;
(ii) recoup funds for prescription clerical or recordkeeping errors, including
typographical errors, scrivener's errors, and computer errors on a required document or record
unless the audit entity is alleging fraud or other intentional or willful misrepresentation and the
audit entity has evidence that the pharmacy's actions reasonably indicate fraud or intentional
and willful misrepresentation;
(iii) recoup funds for refills dispensed in accordance with Section 
58-17b-608.1
, unless
the health benefit plan does not cover the prescription drug dispensed by the pharmacy; or
(iv) collect any funds, charge-backs, or penalties until the audit and all appeals are
final, unless the audit entity is alleging fraud or other intentional or willful misrepresentation
and the audit entity has evidence that the pharmacy's actions reasonably indicate fraud or
intentional and willful misrepresentation.
(b) Auditors shall only have access to previous audit reports on a particular pharmacy
if the previous audit was conducted by the same entity except as required for compliance with
state or federal law.
(5) A pharmacy subject to an audit may use the following records to validate a claim
for a prescription, refill, or change in a prescription:
(a) electronic or physical copies of records of a health care facility, or a health care
provider with prescribing authority; and
(b) any prescription that complies with state law.
(6) (a) An entity that audits a pharmacy shall provide the pharmacy with a preliminary
audit report, delivered to the pharmacy or its corporate office of record within 60 days after
completion of the audit.
(b) A pharmacy has 30 days following receipt of the preliminary audit report to
respond to questions, provide additional documentation, and comment on and clarify findings
of the audit. Receipt of the report shall be based on the postmark date or the date of a
computer transmission if transferred electronically.
(7) If an audit results in the dispute or denial of a claim, the entity conducting the audit
shall allow the pharmacy to resubmit a claim using any commercially reasonable method,
including fax, mail, or electronic claims submission provided that the period of time when a
claim may be resubmitted has not expired under the rules of the plan sponsor.
(8) (a) Within 120 days after the completion of the appeals process under Subsection
(9), a final audit report shall be delivered to the pharmacy or its corporate office of record.
(b) The final audit report shall include a disclosure of any money recovered by the
entity that conducted the audit.
(9) An entity that audits a pharmacy shall establish a written appeals process for
appealing a preliminary audit report and a final audit report, and shall provide the pharmacy
with notice of the written appeals process. If the pharmacy benefit manager's contract or
provider manual contains the information required by this Subsection (9), the requirement for
notice is met.
Section 19. Section 
58-24b-304
 is amended to read:
58-24b-304.
Exemptions from licensure.
(1) In addition to the exemptions from licensure described in Section 
58-1-307
, as
modified by Subsection 
58-24b-302
(5), a person may engage in acts that constitute the practice
of physical therapy without a license issued under this chapter if:
(a) the person is licensed under another law of the state to engage in acts that constitute
the practice of physical therapy if that person does not:
(i) claim to be a physical therapist;
(ii) claim to be a provider of any type of physical therapy that is outside of the scope of
practice of the license that is issued to the person; or
(iii) engage in any acts that constitute the practice of physical therapy that are outside
of the scope of practice of the license that is issued to the person;
(b) the person practices physical therapy, under federal law, in:
(i) the United States armed services;
(ii) the United States Public Health Service; or
(iii) the [
Veteran's
] 
Veterans
 Administration;
(c) the person is:
(i) licensed as a physical therapist in:
(A) a state, district, or territory of the United States, other than Utah; or
(B) a country other than the United States; and
(ii) (A) teaching, demonstrating, or providing physical therapy in connection with an
educational seminar, if the person engages in this conduct in Utah no more than 60 days per
calendar year;
(B) practicing physical therapy directly related to the person's employment with, or
contract with, an established athletic team, athletic organization, or performing arts company
that plays, practices, competes, or performs in Utah no more than 60 days per calendar year; or
(C) providing consultation by telecommunication to a physical therapist;
(d) the person:
(i) (A) is licensed as a physical therapist assistant under federal law; and
(B) practices within the scope of practice authorized by federal law for a physical
therapist assistant; or
(ii) (A) is licensed as a physical therapist assistant in:
(I) a state, district, or territory of the United States, other than Utah; or
(II) a country other than the United States; and
(B) (I) practices within the scope of practice authorized for a physical therapist
assistant by the jurisdiction described in Subsection (1)(d)(ii)(A); and
(II) within the limitations for the practice of physical therapy described in Subsection
(1)(c)(ii); or
(e) the person:
(i) is a physician, licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(ii) is a physician, licensed under Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act; or
(iii) is a chiropractic physician, licensed under Title 58, Chapter 73, Chiropractic
Physician Practice Act.
(2) A person who is exempted from licensure under Subsection (1)(b) may practice
animal physical therapy without a license under this section if the person:
(a) is authorized to practice animal physical therapy under federal law; and
(b) practices animal physical therapy within the scope of practice authorized by federal
law.
(3) A person who is exempted from licensure under Subsection (1)(c) may practice
animal physical therapy without a license under this section if the person:
(a) is authorized to practice animal physical therapy in:
(i) a state, district, or territory of the United States, other than Utah; or
(ii) a country other than the United States; and
(b) practices animal physical therapy:
(i) within the scope of practice for the jurisdiction described in Subsection (3)(a) where
the person is authorized to practice animal physical therapy; and
(ii) within the limitations for the practice of physical therapy described in Subsection
(1)(c)(ii).
Section 20. Section 
59-2-1104 (Superseded 01/01/19)
 is amended to read:
59-2-1104 (Superseded 01/01/19).
Definitions -- Armed forces exemption --
Amount of armed forces exemption.
(1) As used in this section and Section 
59-2-1105
:
(a) "Active component of the United States Armed Forces" is as defined in Section
59-10-1027
.
(b) "Adjusted taxable value limit" means:
(i) for the calendar year that begins on January 1, 2015, $252,126; and
(ii) for each calendar year after the calendar year described in Subsection (1)(b)(i), the
amount of the adjusted taxable value limit for the previous year, plus an amount calculated by
multiplying the amount of the adjusted taxable value limit for the previous year by the actual
percent change in the consumer price index during the previous calendar year.
(c) "Claimant" means:
(i) a veteran with a disability who files an application under Section 
59-2-1105
 for an
exemption under this section;
(ii) the unmarried surviving spouse:
(A) of a:
(I) deceased veteran with a disability; or
(II) veteran who was killed in action or died in the line of duty; and
(B) who files an application under Section 
59-2-1105
 for an exemption under this
section;
(iii) a minor orphan:
(A) of a:
(I) deceased veteran with a disability; or
(II) veteran who was killed in action or died in the line of duty; and
(B) who files an application under Section 
59-2-1105
 for an exemption under this
section; or
(iv) a member of an active component of the United States Armed Forces or a reserve
component of the United States Armed Forces who performed qualifying active duty military
service.
(d) "Consumer price index" is as described in Section 1(f)(4), Internal Revenue Code,
and defined in Section 1(f)(5), Internal Revenue Code.
(e) "Deceased veteran with a disability" means a deceased person who was a veteran
with a disability at the time the person died.
(f) "Military entity" means:
(i) the [
federal
] 
United States
 Department of Veterans Affairs;
(ii) an active component of the United States Armed Forces; or
(iii) a reserve component of the United States Armed Forces.
(g) "Property taxes due" means the taxes due on a claimant's property:
(i) with respect to which a county grants an exemption under this section; and
(ii) for the calendar year for which the county grants an exemption under this section.
(h) "Property taxes paid" is an amount equal to the sum of:
(i) the amount of the property taxes the claimant paid for the calendar year for which
the claimant is applying for an exemption under this section; and
(ii) the exemption the county grants for the calendar year described in Subsection
(1)(h)(i).
(i) "Qualifying active duty military service" means:
(i) at least 200 days in a calendar year, regardless of whether consecutive, of active
duty military service outside the state in an active component of the United States Armed
Forces or a reserve component of the United States Armed Forces; or
(ii) the completion of at least 200 consecutive days of active duty military service
outside the state:
(A) in an active component of the United States Armed Forces or a reserve component
of the United States Armed Forces; and
(B) that began in the prior year, if those days of active duty military service outside the
state in the prior year were not counted as qualifying active duty military service for purposes
of this section or Section 
59-2-1105
 in the prior year.
(j) "Reserve component of the United States Armed Forces" is as defined in Section
59-10-1027
.
(k) "Residence" is as defined in Section 
59-2-1202
, except that a rented dwelling is not
considered to be a residence.
(l) "Veteran who was killed in action or died in the line of duty" means a person who
was killed in action or died in the line of duty in an active component of the United States
Armed Forces or a reserve component of the United States Armed Forces, regardless of
whether that person had a disability at the time that person was killed in action or died in the
line of duty.
(m) "Veteran with a disability" means a person with a disability who, during military
training or a military conflict, acquired a disability in the line of duty in an active component of
the United States Armed Forces or a reserve component of the United States Armed Forces, as
determined by a military entity.
(2) (a) Subject to Subsection (2)(c), the amount of taxable value of the property
described in Subsection (2)(b) is exempt from taxation as calculated under Subsections (3)
through (6) if the property described in Subsection (2)(b) is owned by:
(i) a veteran with a disability;
(ii) the unmarried surviving spouse or a minor orphan of a:
(A) deceased veteran with a disability; or
(B) veteran who was killed in action or died in the line of duty; or
(iii) a member of an active component of the United States Armed Forces or a reserve
component of the United States Armed Forces who performed qualifying active duty military
service.
(b) Subsection (2)(a) applies to the following property:
(i) the claimant's primary residence;
(ii) for a claimant described in Subsection (2)(a)(i) or (ii), tangible personal property
that:
(A) is held exclusively for personal use; and
(B) is not used in a trade or business; or
(iii) for a claimant described in Subsection (2)(a)(i) or (ii), a combination of
Subsections (2)(b)(i) and (ii).
(c) For purposes of this section, property is considered to be the primary residence of a
person described in Subsection (2)(a)(i) or (iii) who does not reside in the residence if the
person:
(i) does not reside in the residence because the person is admitted as an inpatient at a
health care facility as defined in Section 
26-55-102
; and
(ii) otherwise meets the requirements of this section and Section 
59-2-1105
 to receive
an exemption under this section.
(3) Except as provided in Subsection (4) or (5), the amount of taxable value of property
described in Subsection (2)(b) that is exempt under Subsection (2)(a) is:
(a) as described in Subsection (6), if the property is owned by:
(i) a veteran with a disability;
(ii) the unmarried surviving spouse of a deceased veteran with a disability; or
(iii) a minor orphan of a deceased veteran with a disability; or
(b) equal to the total taxable value of the claimant's property described in Subsection
(2)(b) if the property is owned by:
(i) the unmarried surviving spouse of a veteran who was killed in action or died in the
line of duty;
(ii) a minor orphan of a veteran who was killed in action or died in the line of duty; or
(iii) a member of an active component of the United States Armed Forces or a reserve
component of the United States Armed Forces who performed qualifying active duty military
service.
(4) (a) Subject to Subsections (4)(b) and (c), an exemption may not be allowed under
this section if the percentage of disability listed on the statement described in Subsection
59-2-1105
(3)(a) is less than 10%.
(b) Subsection (4)(a) does not apply to a claimant described in Subsection (2)(a)(iii).
(c) A veteran with a disability is considered to have a 100% disability, regardless of the
percentage of disability listed on a statement described in Subsection 
59-2-1105
(3)(a), if the
United States Department of Veterans Affairs certifies the veteran in the classification of
individual unemployability.
(5) A claimant who is the unmarried surviving spouse or minor orphan of a deceased
veteran with a disability may claim an exemption for the total value of the property described
in Subsection (2)(b) if:
(a) the deceased veteran with a disability served in the military service of the United
States or the state prior to January 1, 1921; and
(b) the percentage of disability listed on the statement described in Subsection
59-2-1105
(3)(a) for the deceased veteran with a disability is 10% or more.
(6) (a) Except as provided in Subsection (6)(b), the amount of the taxable value of the
property described in Subsection (2)(b) that is exempt under Subsection (3)(a) is equal to the
percentage of disability listed on the statement described in Subsection 
59-2-1105
(3)(a)
multiplied by the adjusted taxable value limit.
(b) The amount of the taxable value of the property described in Subsection (2)(b) that
is exempt under Subsection (3)(a) may not be greater than the taxable value of the property
described in Subsection (2)(b).
(7) For purposes of this section and Section 
59-2-1105
, a person who received an
honorable or general discharge from military service of an active component of the United
States Armed Forces or a reserve component of the United States Armed Forces:
(a) is presumed to be a citizen of the United States; and
(b) may not be required to provide additional proof of citizenship to establish that the
person is a citizen of the United States.
(8) The Department of [
Veterans'
] 
Veterans
 and Military Affairs created in Section
71-8-2
 shall, through an informal hearing held in accordance with Title 63G, Chapter 4,
Administrative Procedures Act, resolve each dispute arising under this section concerning a
veteran's status as a veteran with a disability.
Section 21. Section 
59-2-1104 (Effective 01/01/19)
 is amended to read:
59-2-1104 (Effective 01/01/19).
Definitions -- Armed forces exemption -- Amount
of armed forces exemption.
(1) As used in this section and Section 
59-2-1105
:
(a) "Active component of the United States Armed Forces" means the same as that
term is defined in Section 
59-10-1027
.
(b) "Adjusted taxable value limit" means:
(i) for the calendar year that begins on January 1, 2015, $252,126; and
(ii) for each calendar year after the calendar year described in Subsection (1)(b)(i), the
amount of the adjusted taxable value limit for the previous year, plus an amount calculated by
multiplying the amount of the adjusted taxable value limit for the previous year by the actual
percent change in the consumer price index during the previous calendar year.
(c) "Claimant" means:
(i) a veteran with a disability who files an application under Section 
59-2-1105
 for an
exemption under this section;
(ii) the unmarried surviving spouse:
(A) of a:
(I) deceased veteran with a disability; or
(II) veteran who was killed in action or died in the line of duty; and
(B) who files an application under Section 
59-2-1105
 for an exemption under this
section;
(iii) a minor orphan:
(A) of a:
(I) deceased veteran with a disability; or
(II) veteran who was killed in action or died in the line of duty; and
(B) who files an application under Section 
59-2-1105
 for an exemption under this
section; or
(iv) a member of an active component of the United States Armed Forces or a reserve
component of the United States Armed Forces who performed qualifying active duty military
service.
(d) "Consumer price index" is as described in Section 1(f)(4), Internal Revenue Code,
and defined in Section 1(f)(5), Internal Revenue Code.
(e) "Deceased veteran with a disability" means a deceased individual who was a
veteran with a disability at the time the individual died.
(f) "Military entity" means:
(i) the [
federal
] 
United States
 Department of Veterans Affairs;
(ii) an active component of the United States Armed Forces; or
(iii) a reserve component of the United States Armed Forces.
(g) "Property taxes due" means the taxes due on a claimant's property:
(i) with respect to which a county grants an exemption under this section; and
(ii) for the calendar year for which the county grants an exemption under this section.
(h) "Property taxes paid" is an amount equal to the sum of:
(i) the amount of the property taxes the claimant paid for the calendar year for which
the claimant is applying for an exemption under this section; and
(ii) the exemption the county grants for the calendar year described in Subsection
(1)(h)(i).
(i) "Qualifying active duty military service" means at least 200 days, regardless of
whether consecutive, in any continuous 365-day period of active duty military service outside
the state in an active component of the United States Armed Forces or a reserve component of
the United States Armed Forces if the days of active duty military service:
(i) were completed in the year before an individual applies for exemption under this
section in accordance with Section 
59-2-1105
; and
(ii) have not previously been counted as qualifying active duty military service for
purposes of qualifying for an exemption under this section or applying for the exemption under
Section 
59-2-1105
.
(j) "Reserve component of the United States Armed Forces" means the same as that
term is defined in Section 
59-10-1027
.
(k) "Residence" means the same as that term is defined in Section 
59-2-1202
, except
that a rented dwelling is not considered to be a residence.
(l) "Veteran who was killed in action or died in the line of duty" means an individual
who was killed in action or died in the line of duty in an active component of the United States
Armed Forces or a reserve component of the United States Armed Forces, regardless of
whether that individual had a disability at the time that individual was killed in action or died
in the line of duty.
(m) "Veteran with a disability" means an individual with a disability who, during
military training or a military conflict, acquired a disability in the line of duty in an active
component of the United States Armed Forces or a reserve component of the United States
Armed Forces, as determined by a military entity.
(2) (a) Subject to Subsection (2)(c), the amount of taxable value of the property
described in Subsection (2)(b) is exempt from taxation as calculated under Subsections (3)
through (6) if the property described in Subsection (2)(b) is owned by:
(i) a veteran with a disability;
(ii) the unmarried surviving spouse or a minor orphan of a:
(A) deceased veteran with a disability; or
(B) veteran who was killed in action or died in the line of duty; or
(iii) a member of an active component of the United States Armed Forces or a reserve
component of the United States Armed Forces who performed qualifying active duty military
service.
(b) Subsection (2)(a) applies to the following property:
(i) the claimant's primary residence;
(ii) for a claimant described in Subsection (2)(a)(i) or (ii), tangible personal property
that:
(A) is held exclusively for personal use; and
(B) is not used in a trade or business; or
(iii) for a claimant described in Subsection (2)(a)(i) or (ii), a combination of
Subsections (2)(b)(i) and (ii).
(c) For purposes of this section, property is considered to be the primary residence of
an individual described in Subsection (2)(a)(i) or (iii) who does not reside in the residence if
the individual:
(i) does not reside in the residence because the individual is admitted as an inpatient at
a health care facility as defined in Section 
26-55-102
; and
(ii) otherwise meets the requirements of this section and Section 
59-2-1105
 to receive
an exemption under this section.
(3) Except as provided in Subsection (4) or (5), the amount of taxable value of property
described in Subsection (2)(b) that is exempt under Subsection (2)(a) is:
(a) as described in Subsection (6), if the property is owned by:
(i) a veteran with a disability;
(ii) the unmarried surviving spouse of a deceased veteran with a disability; or
(iii) a minor orphan of a deceased veteran with a disability; or
(b) equal to the total taxable value of the claimant's property described in Subsection
(2)(b) if the property is owned by:
(i) the unmarried surviving spouse of a veteran who was killed in action or died in the
line of duty;
(ii) a minor orphan of a veteran who was killed in action or died in the line of duty; or
(iii) a member of an active component of the United States Armed Forces or a reserve
component of the United States Armed Forces who performed qualifying active duty military
service.
(4) (a) Subject to Subsections (4)(b) and (c), an exemption may not be allowed under
this section if the percentage of disability listed on the statement described in Subsection
59-2-1105
(3)(a) is less than 10%.
(b) Subsection (4)(a) does not apply to a claimant described in Subsection (2)(a)(iii).
(c) A veteran with a disability is considered to have a 100% disability, regardless of the
percentage of disability listed on a statement described in Subsection 
59-2-1105
(3)(a), if the
United States Department of Veterans Affairs certifies the veteran in the classification of
individual unemployability.
(5) A claimant who is the unmarried surviving spouse or minor orphan of a deceased
veteran with a disability may claim an exemption for the total value of the property described
in Subsection (2)(b) if:
(a) the deceased veteran with a disability served in the military service of the United
States or the state prior to January 1, 1921; and
(b) the percentage of disability listed on the statement described in Subsection
59-2-1105
(3)(a) for the deceased veteran with a disability is 10% or more.
(6) (a) Except as provided in Subsection (6)(b), the amount of the taxable value of the
property described in Subsection (2)(b) that is exempt under Subsection (3)(a) is equal to the
percentage of disability listed on the statement described in Subsection 
59-2-1105
(3)(a)
multiplied by the adjusted taxable value limit.
(b) The amount of the taxable value of the property described in Subsection (2)(b) that
is exempt under Subsection (3)(a) may not be greater than the taxable value of the property
described in Subsection (2)(b).
(7) For purposes of this section and Section 
59-2-1105
, an individual who received an
honorable or general discharge from military service of an active component of the United
States Armed Forces or a reserve component of the United States Armed Forces:
(a) is presumed to be a citizen of the United States; and
(b) may not be required to provide additional proof of citizenship to establish that the
individual is a citizen of the United States.
(8) The Department of [
Veterans'
] 
Veterans
 and Military Affairs created in Section
71-8-2
 shall, through an informal hearing held in accordance with Title 63G, Chapter 4,
Administrative Procedures Act, resolve each dispute arising under this section concerning a
veteran's status as a veteran with a disability.
Section 22. Section 
63B-18-301
 is amended to read:
63B-18-301.
Authorizations to design and construct capital facilities using
institutional or agency funds.
(1) The Legislature intends that:
(a) the University of Utah may, subject to requirements in Title 63A, Chapter 5, State
Building Board - Division of Facilities Construction and Management, use institutional funds
to plan and design an ambulatory care complex;
(b) this authorization and the existence of plans and designs do not guarantee nor
improve the chances for legislative approval of the remainder of the building in any subsequent
year; and
(c) no state funds be used for any portion of this planning and design.
(2) The Legislature intends that:
(a) the University of Utah may, subject to requirements in Title 63A, Chapter 5, State
Building Board - Division of Facilities Construction and Management, use $64,445,000 in
donations to plan, design, and construct a replacement and expansion of the Eccles School of
Business Building, with 135,000 new square feet;
(b) no state funds be used for any portion of this project unless expressly appropriated
for this purpose or approved in a general obligation bond bill; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(3) The Legislature intends that:
(a) the University of Utah may, subject to requirements in Title 63A, Chapter 5, State
Building Board - Division of Facilities Construction and Management, use $8,689,000 in
donations to plan, design, and construct a renovation of the Kennecott Building, with 19,400
new square feet;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(4) The Legislature intends that:
(a) the University of Utah may, subject to requirements in Title 63A, Chapter 5, State
Building Board - Division of Facilities Construction and Management, use $30,737,000 in
donations to plan, design, and construct a Sorenson Arts and Education Complex, with 85,400
new square feet;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(5) The Legislature intends that:
(a) the University of Utah may, subject to requirements in Title 63A, Chapter 5, State
Building Board - Division of Facilities Construction and Management, use $4,477,500 in
donations to plan, design, and construct a Meldrum Civil Engineering Building, with 11,800
new square feet;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(6) The Legislature intends that:
(a) the University of Utah may, subject to requirements in Title 63A, Chapter 5, State
Building Board - Division of Facilities Construction and Management, negotiate with a private
developer to develop the Universe Project on land west of the university football stadium;
(b) before entering into a contract with the developer, the university shall:
(i) present the final contract terms to the Legislature's Executive Appropriations
Committee;
(ii) obtain the approval of the State Building Board; and
(iii) the State Building Board may approve the agreement only if the university
demonstrates that the contract terms will be a benefit to the state;
(c) no state funds be used for any portion of this project; and
(d) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(7) The Legislature intends that:
(a) Utah Valley University may, subject to requirements in Title 63A, Chapter 5, State
Building Board - Division of Facilities Construction and Management, use $2,650,000 in
grants and institutional funds to plan, design, and construct a Business Resource Center, with
12,000 new square feet;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(8) The Legislature intends that:
(a) Utah Valley University may, subject to requirements in Title 63A, Chapter 5, State
Building Board - Division of Facilities Construction and Management, use $1,200,000 in
donations and institutional funds to plan, design, and construct a track and field facility;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(9) The Legislature intends that:
(a) Utah Valley University may, subject to requirements in Title 63A, Chapter 5, State
Building Board - Division of Facilities Construction and Management, use $600,000 in
institutional funds to plan, design, and construct intramural playing fields;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(10) The Legislature intends that:
(a) Southern Utah University may, subject to requirements in Title 63A, Chapter 5,
State Building Board - Division of Facilities Construction and Management, use $2,000,000 in
donations to plan, design, and construct a baseball and soccer complex upgrade;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operation and maintenance costs or
capital improvements.
(11) The Legislature intends that:
(a) the Department of Natural Resources may, subject to requirements in Title 63A,
Chapter 5, State Building Board - Division of Facilities Construction and Management, use
$3,000,000 in federal grants to plan, design, and construct an interagency fire dispatch center,
with 10,000 new square feet;
(b) no state funds be used for any portion of this project; and
(c) the department may not request state funds for operation and maintenance costs or
capital improvements.
(12) The Legislature intends that:
(a) the Department of Natural Resources may, subject to requirements in Title 63A,
Chapter 5, State Building Board - Division of Facilities Construction and Management, use
$7,500,000 in federal grants to plan, design, and construct a curation facility in Vernal, with
21,000 new square feet;
(b) no state funds be used for any portion of this project; and
(c) the department may not request state funds for operation and maintenance costs or
capital improvements.
(13) The Legislature intends that:
(a) the Department of Natural Resources may, subject to requirements in Title 63A,
Chapter 5, State Building Board - Division of Facilities Construction and Management, use
$650,000 in federal grants to plan, design, and construct an expansion to the seed warehouse at
the Great Basin Research Center, with 9,000 new square feet;
(b) no state funds be used for any portion of this project unless expressly appropriated
for this purpose; and
(c) the department may not request state funds for operation and maintenance costs or
capital improvements.
(14) The Legislature intends that:
(a) the Department of [
Veterans'
] 
Veterans
 and Military Affairs may, subject to
requirements in Title 63A, Chapter 5, State Building Board - Division of Facilities
Construction and Management, use $3,500,000 in federal grants to plan, design, and construct
improvements at the [
Veterans'
] 
Veterans
 Cemetery, with 15,000 new square feet;
(b) no state funds be used for any portion of this project unless expressly appropriated
for this purpose; and
(c) the department may not request state funds for operation and maintenance costs or
capital improvements.
Section 23. Section 
63G-1-301
 is amended to read:
63G-1-301.
Legal holidays -- Personal preference day -- Governor authorized to
declare additional days.
(1) (a) The following-named days are legal holidays in this state:
(i) every Sunday;
(ii) January 1, called New Year's Day;
(iii) the third Monday of January, called Dr. Martin Luther King, Jr. Day;
(iv) the third Monday of February, called Washington and Lincoln Day;
(v) the last Monday of May, called Memorial Day;
(vi) July 4, called Independence Day;
(vii) July 24, called Pioneer Day;
(viii) the first Monday of September, called Labor Day;
(ix) the second Monday of October, called Columbus Day;
(x) November 11, called [
Veterans'
] 
Veterans
 Day;
(xi) the fourth Thursday of November, called Thanksgiving Day;
(xii) December 25, called Christmas; and
(xiii) all days which may be set apart by the President of the United States, or the
governor of this state by proclamation as days of fast or thanksgiving.
(b) If any of the holidays under Subsection (1)(a), except the first mentioned, namely
Sunday, falls on Sunday, then the following Monday shall be the holiday.
(c) If any of the holidays under Subsection (1)(a) falls on Saturday the preceding Friday
shall be the holiday.
(d) Each employee may select one additional day, called Personal Preference Day, to
be scheduled pursuant to rules adopted by the Department of Human Resource Management.
(2) (a) Whenever in the governor's opinion extraordinary conditions exist justifying the
action, the governor may:
(i) declare, by proclamation, legal holidays in addition to those holidays under
Subsection (1); and
(ii) limit the holidays to certain classes of business and activities to be designated by
the governor.
(b) A holiday may not extend for a longer period than 60 consecutive days.
(c) Any holiday may be renewed for one or more periods not exceeding 30 days each as
the governor may consider necessary, and any holiday may, by like proclamation, be terminated
before the expiration of the period for which it was declared.
Section 24. Section 
63G-1-401
 is amended to read:
63G-1-401.
Commemorative periods.
(1) The following days shall be commemorated annually:
(a) Bill of Rights Day, on December 15;
(b) Constitution Day, on September 17;
(c) Yellow Ribbon Day, on the third Monday in May, in honor of men and women who
are serving or have served in the United States Armed Forces around the world in defense of
freedom;
(d) POW/MIA Recognition Day, on the third Friday in September;
(e) Indigenous People Day, on the Monday immediately preceding Thanksgiving;
(f) Utah State Flag Day, on March 9;
(g) Vietnam Veterans Recognition Day, on March 29;
(h) Utah History Day at the Capitol, on the Friday immediately following the fourth
Monday in January, to encourage citizens of the state, including students, to participate in
activities that recognize Utah's history; and
(i) Juneteenth Freedom Day, on the third Saturday in June, in honor of Union General
Gordon Granger proclaiming the freedom of all slaves on June 19, 1865, in Galveston, Texas;
(j) Arthrogryposis Multiplex Congenita Awareness Day, on June 30; and
(k) Rachael Runyan/Missing and Exploited Children's Day, on August 26, the
anniversary of the day three-year-old Rachael Runyan was kidnaped from a playground in
Sunset, Utah, to:
(i) encourage individuals to make child safety a priority;
(ii) remember the importance of continued efforts to reunite missing children with their
families; and
(iii) honor Rachael Runyan and all Utah children who have been abducted or exploited.
(2) The Department of [
Veterans'
] 
Veterans
 and Military Affairs shall coordinate
activities, special programs, and promotional information to heighten public awareness and
involvement relating to Subsections (1)(c) and (d).
(3) The month of October shall be commemorated annually as Italian-American
Heritage Month.
(4) The month of November shall be commemorated annually as American Indian
Heritage Month.
(5) The month of April shall be commemorated annually as Clean Out the Medicine
Cabinet Month to:
(a) recognize the urgent need to make Utah homes and neighborhoods safe from
prescription medication abuse and poisonings by the proper home storage and disposal of
prescription and over-the-counter medications; and
(b) educate citizens about the permanent medication disposal sites in Utah listed on
useonlyasdirected.org that allow disposal throughout the year.
(6) The first full week of May shall be commemorated annually as State Water Week
to recognize the importance of water conservation, quality, and supply in the state.
(7) The second Friday and Saturday in August shall be commemorated annually as
Utah Fallen Heroes Days to:
(a) honor fallen heroes who, during service in the military or public safety, have
sacrificed their lives to protect the country and the citizens of the state; and
(b) encourage political subdivisions to acknowledge and honor fallen heroes.
(8) The third full week in August shall be commemorated annually as Drowsy Driving
Awareness Week to:
(a) educate the public about the relationship between fatigue and driving performance;
and
(b) encourage the Department of Public Safety and the Department of Transportation to
recognize and promote educational efforts on the dangers of drowsy driving.
(9) The third full week of June shall be commemorated annually as Workplace Safety
Week to heighten public awareness regarding the importance of safety in the workplace.
(10) The second full week of April shall be commemorated annually as Animal Care
and Control Appreciation Week to recognize and increase awareness within the community of
the services that animal care and control professionals provide.
Section 25. Section 
63G-1-703
 is amended to read:
63G-1-703.
Display of POW/MIA flag.
(1) In any place at the capitol hill complex where the United States flag is displayed
out of doors, the entity responsible for the display of the United States flag shall display the
POW/MIA flag, in the manner described in Subsection (2), from sunrise to sunset on the
following days:
(a) Armed Forces Day, the third Saturday in May;
(b) Memorial Day, the last Monday in May;
(c) Flag Day, June 14;
(d) Independence Day, July 4;
(e) [
Veteran's
] 
Veterans
 Day, November 11; and
(f) National POW/MIA Recognition Day, the third Friday in September.
(2) When displaying the POW/MIA flag under Subsection (1), the entity responsible to
display the flag shall fly or hang the POW/MIA flag as follows:
(a) if the United States flag and the POW/MIA flag are attached to the same flag pole,
by placing the POW/MIA flag directly under the United States flag; or
(b) if the United States flag and the POW/MIA flag are displayed near each other, but
not on the same flag pole, by placing the top of the POW/MIA flag below the top of the United
States flag.
Section 26. Section 
63J-1-219
 is amended to read:
63J-1-219.
Definitions -- Federal receipts reporting requirements.
(1) As used in this section:
(a) (i) "Designated state agency" means the Department of Administrative Services, the
Department of Agriculture and Food, the Department of Alcoholic Beverage Control, the
Department of Commerce, the Department of Heritage and Arts, the Department of
Corrections, the Department of Environmental Quality, the Department of Financial
Institutions, the Department of Health, the Department of Human Resource Management, the
Department of Human Services, the Department of Insurance, the Department of Natural
Resources, the Department of Public Safety, the Department of Technology Services, the
Department of Transportation, the Department of [
Veterans'
] 
Veterans
 and Military Affairs, the
Department of Workforce Services, the Labor Commission, the Office of Economic
Development, the Public Service Commission, the State Board of Regents, the State Board of
Education, the State Tax Commission, or the Utah National Guard.
(ii) "Designated state agency" does not include the judicial branch, the legislative
branch, or an office or other entity within the judicial branch or the legislative branch.
(b) "Federal receipts" means the federal financial assistance, as defined in 31 U.S.C.
Sec. 7501, that is reported as part of a single audit.
(c) "Single audit" is as defined in 31 U.S.C. Sec. 7501.
(2) Subject to Subsections (3) and (4), a designated state agency shall each year, on or
before October 31, prepare a report that:
(a) reports the aggregate value of federal receipts the designated state agency received
for the preceding fiscal year;
(b) reports the aggregate amount of federal funds appropriated by the Legislature to the
designated state agency for the preceding fiscal year;
(c) calculates the percentage of the designated state agency's total budget for the
preceding fiscal year that constitutes federal receipts that the designated state agency received
for that fiscal year; and
(d) develops plans for operating the designated state agency if there is a reduction of:
(i) 5% or more in the federal receipts that the designated state agency receives; and
(ii) 25% or more in the federal receipts that the designated state agency receives.
(3) (a) The report required by Subsection (2) that the Board of Regents prepares shall
include the information required by Subsections (2)(a) through (c) for each state institution of
higher education listed in Section 
53B-2-101
.
(b) The report required by Subsection (2) that the State Board of Education prepares
shall include the information required by Subsections (2)(a) through (c) for each school district
and each charter school within the public education system.
(4) A designated state agency that prepares a report in accordance with Subsection (2)
shall submit the report to the Division of Finance on or before November 1 of each year.
(5) (a) The Division of Finance shall, on or before November 30 of each year, prepare a
report that:
(i) compiles and summarizes the reports the Division of Finance receives in accordance
with Subsection (4); and
(ii) compares the aggregate value of federal receipts each designated state agency
received for the previous fiscal year to the aggregate amount of federal funds appropriated by
the Legislature to that designated state agency for that fiscal year.
(b) The Division of Finance shall, as part of the report required by Subsection (5)(a),
compile a list of designated state agencies that do not submit a report as required by this
section.
(6) The Division of Finance shall submit the report required by Subsection (5) to the
Executive Appropriations Committee on or before December 1 of each year.
(7) Upon receipt of the report required by Subsection (5), the chairs of the Executive
Appropriations Committee shall place the report on the agenda for review and consideration at
the next Executive Appropriations Committee meeting.
(8) When considering the report required by Subsection (5), the Executive
Appropriations Committee may elect to:
(a) recommend that the Legislature reduce or eliminate appropriations for a designated
state agency;
(b) take no action; or
(c) take another action that a majority of the committee approves.
Section 27. Section 
67-19-6.7
 is amended to read:
67-19-6.7.
Overtime policies for state employees.
(1) As used in this section:
(a) "Accrued overtime hours" means:
(i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end
of the fiscal year, have not been paid and have not been taken as time off by the nonexempt
state employee who accrued them; and
(ii) for exempt employees, overtime hours earned during an overtime year.
(b) "Appointed official" means:
(i) each department executive director and deputy director, each division director, and
each member of a board or commission; and
(ii) any other person employed by a department who is appointed by, or whose
appointment is required by law to be approved by, the governor and who:
(A) is paid a salary by the state; and
(B) who exercises managerial, policy-making, or advisory responsibility.
(c) "Department" means the Department of Administrative Services, the Department of
Corrections, the Department of Financial Institutions, the Department of Alcoholic Beverage
Control, the Insurance Department, the Public Service Commission, the Labor Commission,
the Department of Agriculture and Food, the Department of Human Services, the Department
of Natural Resources, the Department of Technology Services, the Department of
Transportation, the Department of Commerce, the Department of Workforce Services, the State
Tax Commission, the Department of Heritage and Arts, the Department of Health, the National
Guard, the Department of Environmental Quality, the Department of Public Safety, the
Department of Human Resource Management, the Commission on Criminal and Juvenile
Justice, all merit employees except attorneys in the Office of the Attorney General, merit
employees in the Office of the State Treasurer, merit employees in the Office of the State
Auditor, Department of [
Veterans'
] 
Veterans
 and Military Affairs, and the Board of Pardons
and Parole.
(d) "Elected official" means any person who is an employee of the state because the
person was elected by the registered voters of Utah to a position in state government.
(e) "Exempt employee" means a state employee who is exempt as defined by the Fair
Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(f) "FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(g) "FLSA agreement" means the agreement authorized by the Fair Labor Standards
Act of 1978, 29 U.S.C. Sec. 201 et seq., by which a nonexempt employee elects the form of
compensation the nonexempt employee will receive for overtime.
(h) "Nonexempt employee" means a state employee who is nonexempt as defined by
the Department of Human Resource Management applying FLSA requirements.
(i) "Overtime" means actual time worked in excess of the employee's defined work
period.
(j) "Overtime year" means the year determined by a department under Subsection
(4)(b) at the end of which an exempt employee's accrued overtime lapses.
(k) "State employee" means every person employed by a department who is not:
(i) an appointed official;
(ii) an elected official; or
(iii) a member of a board or commission who is paid only for per diem or travel
expenses.
(l) "Uniform annual date" means the date when an exempt employee's accrued
overtime lapses.
(m) "Work period" means:
(i) for all nonexempt employees, except law enforcement and hospital employees, a
consecutive seven day 24 hour work period of 40 hours;
(ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
(iii) for nonexempt law enforcement and hospital employees, the period established by
each department by rule for those employees according to the requirements of the Fair Labor
Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(2) Each department shall compensate each state employee who works overtime by
complying with the requirements of this section.
(3) (a) Each department shall negotiate and obtain a signed FLSA agreement from each
nonexempt employee.
(b) In the FLSA agreement, the nonexempt employee shall elect either to be
compensated for overtime by:
(i) taking time off work at the rate of one and one-half hour off for each overtime hour
worked; or
(ii) being paid for the overtime worked at the rate of one and one-half times the rate per
hour that the state employee receives for nonovertime work.
(c) Any nonexempt employee who elects to take time off under this Subsection (3)
shall be paid for any overtime worked in excess of the cap established by the Department of
Human Resource Management.
(d) Before working any overtime, each nonexempt employee shall obtain authorization
to work overtime from the employee's immediate supervisor.
(e) Each department shall:
(i) for employees who elect to be compensated with time off for overtime, allow
overtime earned during a fiscal year to be accumulated; and
(ii) for employees who elect to be paid for overtime worked, pay them for overtime
worked in the paycheck for the pay period in which the employee worked the overtime.
(f) If the department pays a nonexempt employee for overtime, the department shall
charge that payment to the department's budget.
(g) At the end of each fiscal year, the Division of Finance shall total all the accrued
overtime hours for nonexempt employees and charge that total against the appropriate fund or
subfund.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall
compensate exempt employees who work overtime by granting them time off at the rate of one
hour off for each hour of overtime worked.
(ii) The executive director of the Department of Human Resource Management may
grant limited exceptions to this requirement, where work circumstances dictate, by authorizing
a department to pay employees for overtime worked at the rate per hour that the employee
receives for nonovertime work, if the department has funds available.
(b) (i) Each department shall:
(A) establish in its written human resource policies a uniform annual date for each
division that is at the end of any pay period; and
(B) communicate the uniform annual date to its employees.
(ii) If any department fails to establish a uniform annual date as required by this
Subsection (4), the executive director of the Department of Human Resource Management, in
conjunction with the director of the Division of Finance, shall establish the date for that
department.
(c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a
benefit, and is not a vested right.
(ii) A court may not construe the overtime for exempt employees authorized by this
Subsection (4) as an entitlement, a benefit, or as a vested right.
(d) At the end of the overtime year, upon transfer to another department at any time,
and upon termination, retirement, or other situations where the employee will not return to
work before the end of the overtime year:
(i) any of an exempt employee's overtime that is more than the maximum established
by the Department of Human Resource Management rule lapses; and
(ii) unless authorized by the executive director of the Department of Human Resource
Management under Subsection (4)(a)(ii), a department may not compensate the exempt
employee for that lapsed overtime by paying the employee for the overtime or by granting the
employee time off for the lapsed overtime.
(e) Before working any overtime, each exempt employee shall obtain authorization to
work overtime from the exempt employee's immediate supervisor.
(f) If the department pays an exempt employee for overtime under authorization from
the executive director of the Department of Human Resource Management, the department
shall charge that payment to the department's budget in the pay period earned.
(5) The Department of Human Resource Management shall:
(a) ensure that the provisions of the FLSA and this section are implemented throughout
state government;
(b) determine, for each state employee, whether that employee is exempt, nonexempt,
law enforcement, or has some other status under the FLSA;
(c) in coordination with modifications to the systems operated by the Division of
Finance, make rules:
(i) establishing procedures for recording overtime worked that comply with FLSA
requirements;
(ii) establishing requirements governing overtime worked while traveling and
procedures for recording that overtime that comply with FLSA requirements;
(iii) establishing requirements governing overtime worked if the employee is "on call"
and procedures for recording that overtime that comply with FLSA requirements;
(iv) establishing requirements governing overtime worked while an employee is being
trained and procedures for recording that overtime that comply with FLSA requirements;
(v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
employee may accrue before a department is required to pay the employee for the overtime
worked;
(vi) subject to the FLSA, establishing the maximum number of overtime hours for an
exempt employee that do not lapse; and
(vii) establishing procedures for adjudicating appeals of any FLSA determinations
made by the Department of Human Resource Management as required by this section;
(d) monitor departments for compliance with the FLSA; and
(e) recommend to the Legislature and the governor any statutory changes necessary
because of federal government action.
(6) In coordination with the procedures for recording overtime worked established in
rule by the Department of Human Resource Management, the Division of Finance shall modify
its payroll and human resource systems to accommodate those procedures.
(a) Notwithstanding the procedures and requirements of Title 63G, Chapter 4,
Administrative Procedures Act, Section 
67-19-31
, and Section 
67-19a-301
, any employee who
is aggrieved by the FLSA designation made by the Department of Human Resource
Management as required by this section may appeal that determination to the executive director
of the Department of Human Resource Management by following the procedures and
requirements established in Department of Human Resource Management rule.
(b) Upon receipt of an appeal under this section, the executive director shall notify the
executive director of the employee's department that the appeal has been filed.
(c) If the employee is aggrieved by the decision of the executive director of the
Department of Human Resource Management, the employee shall appeal that determination to
the Department of Labor, Wage and Hour Division, according to the procedures and
requirements of federal law.
Section 28. Section 
67-19-15
 is amended to read:
67-19-15.
Career service -- Exempt positions -- Schedules for civil service
positions -- Coverage of career service provisions.
(1) Except as otherwise provided by law or by rules and regulations established for
federally aided programs, the following positions are exempt from the career service provisions
of this chapter and are designated under the following schedules:
(a) schedule AA includes the governor, members of the Legislature, and all other
elected state officers;
(b) schedule AB includes appointed executives and board or commission executives
enumerated in Section 
67-22-2
;
(c) schedule AC includes all employees and officers in:
(i) the office and at the residence of the governor;
(ii) the Utah Science Technology and Research Initiative (USTAR);
(iii) the Public Lands Policy Coordinating Council;
(iv) the Office of the State Auditor; and
(v) the Office of the State Treasurer;
(d) schedule AD includes employees who:
(i) are in a confidential relationship to an agency head or commissioner; and
(ii) report directly to, and are supervised by, a department head, commissioner, or
deputy director of an agency or its equivalent;
(e) schedule AE includes each employee of the State Board of Education that the State
Board of Education designates as exempt from the career service provisions of this chapter;
(f) schedule AG includes employees in the Office of the Attorney General who are
under their own career service pay plan under Sections 
67-5-7
 through 
67-5-13
;
(g) schedule AH includes:
(i) teaching staff of all state institutions; and
(ii) employees of the Utah Schools for the Deaf and the Blind who are:
(A) educational interpreters as classified by the department; or
(B) educators as defined by Section 
53A-25b-102
;
(h) schedule AN includes employees of the Legislature;
(i) schedule AO includes employees of the judiciary;
(j) schedule AP includes all judges in the judiciary;
(k) schedule AQ includes:
(i) members of state and local boards and councils appointed by the governor and
governing bodies of agencies;
(ii) a water commissioner appointed under Section 
73-5-1
;
(iii) other local officials serving in an ex officio capacity; and
(iv) officers, faculty, and other employees of state universities and other state
institutions of higher education;
(l) schedule AR includes employees in positions that involve responsibility:
(i) for determining policy;
(ii) for determining the way in which a policy is carried out; or
(iii) of a type not appropriate for career service, as determined by the agency head with
the concurrence of the executive director;
(m) schedule AS includes any other employee:
(i) whose appointment is required by statute to be career service exempt;
(ii) whose agency is not subject to this chapter; or
(iii) whose agency has authority to make rules regarding the performance,
compensation, and bonuses for its employees;
(n) schedule AT includes employees of the Department of Technology Services,
designated as executive/professional positions by the executive director of the Department of
Technology Services with the concurrence of the executive director;
(o) schedule AU includes patients and inmates employed in state institutions;
(p) employees of the Department of Workforce Services, designated as schedule AW:
(i) who are temporary employees that are federally funded and are required to work
under federally qualified merit principles as certified by the director; or
(ii) for whom substantially all of their work is repetitive, measurable, or transaction
based, and who voluntarily apply for and are accepted by the Department of Workforce
Services to work in a pay for performance program designed by the Department of Workforce
Services with the concurrence of the executive director; and
(q) for employees in positions that are temporary, seasonal, time limited, funding
limited, or variable hour in nature, under schedule codes and parameters established by the
department by administrative rule.
(2) The civil service shall consist of two schedules as follows:
(a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
(ii) Removal from any appointive position under schedule A, unless otherwise
regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
(b) Schedule B is the competitive career service schedule, consisting of:
(i) all positions filled through competitive selection procedures as defined by the
executive director; or
(ii) positions filled through a department approved on-the-job examination intended to
appoint a qualified person with a disability, or a veteran in accordance with Title 71, Chapter
10, [
Veteran's
] 
Veterans
 Preference.
(3) (a) The executive director, after consultation with the heads of concerned executive
branch departments and agencies and with the approval of the governor, shall allocate positions
to the appropriate schedules under this section.
(b) Agency heads shall make requests and obtain approval from the executive director
before changing the schedule assignment and tenure rights of any position.
(c) Unless the executive director's decision is reversed by the governor, when the
executive director denies an agency's request, the executive director's decision is final.
(4) (a) Compensation for employees of the Legislature shall be established by the
directors of the legislative offices in accordance with Section 
36-12-7
.
(b) Compensation for employees of the judiciary shall be established by the state court
administrator in accordance with Section 
78A-2-107
.
(c) Compensation for officers, faculty, and other employees of state universities and
institutions of higher education shall be established as provided in Title 53B, Chapter 1,
Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
Higher Education.
(d) Unless otherwise provided by law, compensation for all other schedule A
employees shall be established by their appointing authorities, within ranges approved by, and
after consultation with the executive director of the Department of Human Resource
Management.
(5) An employee who is in a position designated schedule AC and who holds career
service status on June 30, 2010, shall retain the career service status if the employee:
(a) remains in the position that the employee is in on June 30, 2010; and
(b) does not elect to convert to career service exempt status in accordance with a rule
made by the department.
Section 29. Section 
67-22-2
 is amended to read:
67-22-2.
Compensation -- Other state officers.
(1) As used in this section:
(a) "Appointed executive" means the:
(i) commissioner of the Department of Agriculture and Food;
(ii) commissioner of the Insurance Department;
(iii) commissioner of the Labor Commission;
(iv) director, Department of Alcoholic Beverage Control;
(v) commissioner of the Department of Financial Institutions;
(vi) executive director, Department of Commerce;
(vii) executive director, Commission on Criminal and Juvenile Justice;
(viii) adjutant general;
(ix) executive director, Department of Heritage and Arts;
(x) executive director, Department of Corrections;
(xi) commissioner, Department of Public Safety;
(xii) executive director, Department of Natural Resources;
(xiii) executive director, Governor's Office of Management and Budget;
(xiv) executive director, Department of Administrative Services;
(xv) executive director, Department of Human Resource Management;
(xvi) executive director, Department of Environmental Quality;
(xvii) director, Governor's Office of Economic Development;
(xviii) executive director, Utah Science Technology and Research Governing
Authority;
(xix) executive director, Department of Workforce Services;
(xx) executive director, Department of Health, Nonphysician;
(xxi) executive director, Department of Human Services;
(xxii) executive director, Department of Transportation;
(xxiii) executive director, Department of Technology Services; and
(xxiv) executive director, Department of [
Veterans'
] 
Veterans
 and Military Affairs.
(b) "Board or commission executive" means:
(i) members, Board of Pardons and Parole;
(ii) chair, State Tax Commission;
(iii) commissioners, State Tax Commission;
(iv) executive director, State Tax Commission;
(v) chair, Public Service Commission; and
(vi) commissioners, Public Service Commission.
(c) "Deputy" means the person who acts as the appointed executive's second in
command as determined by the Department of Human Resource Management.
(2) (a) The executive director of the Department of Human Resource Management
shall:
(i) before October 31 of each year, recommend to the governor a compensation plan for
the appointed executives and the board or commission executives; and
(ii) base those recommendations on market salary studies conducted by the Department
of Human Resource Management.
(b) (i) The Department of Human Resource Management shall determine the salary
range for the appointed executives by:
(A) identifying the salary range assigned to the appointed executive's deputy;
(B) designating the lowest minimum salary from those deputies' salary ranges as the
minimum salary for the appointed executives' salary range; and
(C) designating 105% of the highest maximum salary range from those deputies' salary
ranges as the maximum salary for the appointed executives' salary range.
(ii) If the deputy is a medical doctor, the Department of Human Resource Management
may not consider that deputy's salary range in designating the salary range for appointed
executives.
(c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
board or commission executives, the Department of Human Resource Management shall set
the maximum salary in the salary range for each of those positions at 90% of the salary for
district judges as established in the annual appropriation act under Section 
67-8-2
.
(ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
or (iii), the Department of Human Resource Management shall set the maximum salary in the
salary range for each of those positions at 100% of the salary for district judges as established
in the annual appropriation act under Section 
67-8-2
.
(3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
specific salary for each appointed executive within the range established under Subsection
(2)(b).
(ii) If the executive director of the Department of Health is a physician, the governor
shall establish a salary within the highest physician salary range established by the Department
of Human Resource Management.
(iii) The governor may provide salary increases for appointed executives within the
range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
(b) The governor shall apply the same overtime regulations applicable to other FLSA
exempt positions.
(c) The governor may develop standards and criteria for reviewing the appointed
executives.
(4) Salaries for other Schedule A employees, as defined in Section 
67-19-15
, that are
not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
Salary Act, shall be established as provided in Section 
67-19-15
.
(5) (a) The Legislature fixes benefits for the appointed executives and the board or
commission executives as follows:
(i) the option of participating in a state retirement system established by Title 49, Utah
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
by the State Retirement Office in accordance with the Internal Revenue Code and its
accompanying rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same leave, holidays, and allowances granted to Schedule B state employees as
follows:
(A) sick leave;
(B) converted sick leave if accrued prior to January 1, 2014;
(C) educational allowances;
(D) holidays; and
(E) annual leave except that annual leave shall be accrued at the maximum rate
provided to Schedule B state employees;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
provided by law or rule upon resignation or retirement according to the same criteria and
procedures applied to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according
to the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its
executive director from its existing budget.
(6) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and
personal use;
(b) for the executive director of the Department of Transportation a vehicle for official
and personal use;
(c) for the executive director of the Department of Natural Resources a vehicle for
commute and official use;
(d) for the commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the adjutant general a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
official use.
Section 30. Section 
71-3-1
 is amended to read:
71-3-1.
Use of armories by veterans organizations permitted.
Any federally chartered [
veterans'
] 
veterans
 organization shall have the right to the free
use of armories owned or leased by the state; provided that the use does not interfere with the
use of the armories by the national guard or organized militia of this state.
Section 31. Section 
71-7-2
 is amended to read:
71-7-2.
Political subdivisions may provide proper burial sites.
For the purpose of giving effect to this act, cities, towns, counties or other political
subdivisions of the state of Utah may grant burial sites to chartered [
veterans'
] 
veterans
organizations without financial consideration therefor, or may provide a proper site for the
burial of any persons covered by this act without financial consideration.
Section 32. Section 
71-7-3
 is amended to read:
71-7-3.
Development, operation, and maintenance of Utah Veterans Cemetery
and Memorial Park -- Responsibilities of Department of Veterans and Military Affairs --
Costs -- Definition.
(1) The Department of [
Veterans'
] 
Veterans
 and Military Affairs, in consultation with
the [
Veterans'
] 
Veterans
 Memorial Park Board, shall develop, operate, and maintain a
[
veterans'
] 
veterans
 cemetery and memorial park.
(2) To help pay the costs of developing, constructing, operating, and maintaining a
[
veterans'
] 
veterans
 cemetery and memorial park, the Department of [
Veterans'
] 
Veterans
 and
Military Affairs may:
(a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
Funds Procedures Act, receive federal funds, and may receive state funds, contributions from
[
veterans'
] 
veterans
 organizations, and other private donations; and
(b) charge fees for at least the cost of the burial of [
veterans' spouses
] 
a veteran's
spouse
 and 
any
 other persons, whom the department and the [
Veterans'
] 
Veterans
 Memorial
Park Board determines are eligible to be buried in a [
veterans'
] 
veterans
 cemetery established
by the state.
(3) "Veteran" has the same meaning as defined in Section 
68-3-12.5
.
Section 33. Section 
71-7-4
 is amended to read:
71-7-4.
Veterans Memorial Park Board -- Members -- Appointment -- Meetings --
Per diem and travel expenses.
(1) There is created a [
Veterans'
] 
Veterans
 Memorial Park Board to serve as an
advisory body to the Department of [
Veterans'
] 
Veterans
 and Military Affairs on matters
relating to the establishment and operation of a [
veterans'
] 
veterans
 cemetery and memorial
park.
(2) The board shall consist of the following five members:
(a) one representative recommended by the state commander of the Veterans of
Foreign Wars;
(b) one representative recommended by the state commander of the American Legion;
(c) one representative recommended by the state commander of the Disabled American
Veterans;
(d) the executive director of the Department of [
Veterans'
] 
Veterans
 and Military
Affairs; and
(e) one person not affiliated with any of the organizations referred to in this Subsection
(2).
(3) (a) Except as required by Subsection (3)(b), the executive director shall appoint
members in Subsections (2)(a), (b), (c), and (e) above for four-year terms. The executive
director shall make final appointments to the board by June 30 of any year in which
appointments are to be made under this chapter.
(b) Notwithstanding the requirements of Subsection (3)(a), the executive director shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of board members are staggered so that approximately half of the board is appointed every two
years.
(c) All members shall serve until their successors are appointed.
(d) Members may not serve more than two consecutive terms.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the original appointment.
(5) (a) The board shall select a chair annually from among its members at its first
meeting after July 1.
(b) Three members of the board constitute a quorum to transact business.
(c) The board shall meet at least quarterly on a regular date fixed by the board.
(d) The chair or three members of the board may call additional meetings.
(6) The board shall provide copies of all minutes to the Department of [
Veterans'
]
Veterans
 and Military Affairs within 14 days of approval.
(7) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 34. Section 
71-7-5
 is amended to read:
71-7-5.
Veterans Remains Organization -- Funeral service establishments --
Liability -- State agency -- Responsibilities.
(1) As used in this section:
(a) "Remains facility" means the same as a funeral service establishment defined in
Section 
58-9-102
.
(b) "Status information" means a veteran or a veteran's dependent's name, date of birth,
place of birth, date of death, Social Security number, military service number, branch of
service, and military rank on date of death.
(c) "Veterans Remains Organization" means an entity recognized and authorized by the
United States Veterans Administration and the National Personnel Records Center to verify
and inter the unclaimed cremated remains of United States military veterans or [
veterans'
] 
a
veteran's
 dependents.
(2) A veterans remains organization may contact a remains facility for the purpose of
identifying any unclaimed cremated remains of a military veteran or a veteran's dependent.
(a) Upon contact with the remains facility, the organization shall:
(i) provide identifying documentation to the remains facility; and
(ii) with the permission of the remains facility, inventory any unclaimed cremated
remains in order to identify any remains of a veteran or a veteran's dependent.
(b) The organization shall contact the National Personnel Records Center to determine
if any of the unclaimed cremated remains are:
(i) a veteran's or a veteran's dependent's remains; and
(ii) eligible for interment benefits.
(c) The organization shall claim any unclaimed cremated remains from a remains
facility upon providing the facility with proof that the remains are those of a veteran or a
veteran's dependent and are eligible for interment benefits.
(d) The organization shall make arrangements to inter the remains.
(3) A remains facility:
(a) may allow a veterans remains organization, upon presentation of identification, to
inventory unclaimed cremated remains;
(b) shall provide all status information in the remains facility's possession to a veterans
remains organization;
(c) shall release any unclaimed cremated remains to a veterans remains organization
upon presentation of documentation that the remains are of a veteran or a veteran's dependent
who is eligible for burial in a state or national cemetery; and
(d) is not subject to civil liability for release of status information or release of the
unclaimed cremated remains following the presentation of documentation indicating the
remains are those of a veteran or a veteran's dependent and eligible for interment benefits.
(4) The [
Utah
] Department of [
Veteran's
] 
Veterans and Military
 Affairs shall, upon
presentation of documentation that certain cremated remains in the possession of a veterans
remains organization are those of a veteran or a veteran's dependent and eligible for interment
benefits:
(a) authorize the interment of the cremated remains in a state [
veterans'
] 
veterans
cemetery; and
(b) provide assistance to the veterans remains organization in the interment process.
Section 35. Section 
71-8-1
 is amended to read:
71-8-1.
Definitions -- Veterans Affairs.
As used in this title:
(1) "Contractor" means a person who is or may be awarded a government entity
contract.
(2) "Council" means the [
Veterans'
] 
Veterans
 Advisory Council.
(3) "Department" means the Department of [
Veterans'
] 
Veterans
 and Military Affairs.
(4) "Executive director" means the executive director of the Department of [
Veterans'
]
Veterans
 and Military Affairs.
(5) "Government entity" means the state and any county, municipality, local district,
special service district, and any other political subdivision or administrative unit of the state,
including state institutions of education.
(6) "Specialist" means a full-time employee of a government entity who is tasked with
responding to, and assisting, veterans who are employed by the entity or come to the entity for
assistance.
(7) "Veteran" has the same meaning as defined in Section 
68-3-12.5
.
Section 36. Section 
71-8-2
 is amended to read:
71-8-2.
Department of Veterans and Military Affairs created -- Appointment of
executive director -- Department responsibilities.
(1) There is created the Department of [
Veterans'
] 
Veterans
 and Military Affairs.
(2) The governor shall appoint an executive director for the department, after
consultation with the [
Veterans'
] 
Veterans
 Advisory Council, who is subject to Senate
confirmation.
(a) The executive director shall be an individual who:
(i) has served on active duty in the armed forces for more than 180 consecutive days;
(ii) was a member of a reserve component who served in a campaign or expedition for
which a campaign medal has been authorized; or
(iii) incurred an actual service-related injury or disability in the line of duty, whether or
not that person completed 180 consecutive days of active duty; and
(iv) was separated or retired under honorable conditions.
(b) Any veteran or [
veteran's
] 
veterans
 group may submit names to the council for
consideration.
(3) The department shall:
(a) conduct and supervise all veteran activities as provided in this title;
(b) determine which campaign or combat theater awards are eligible for a special group
license plate in accordance with Section 
41-1a-418
;
(c) verify that an applicant for a campaign or combat theater award special group
license plate is qualified to receive it;
(d) provide an applicant that qualifies a form indicating the campaign or combat theater
award special group license plate for which the applicant qualifies; and
(e) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to carry out the provisions of this title.
(4) Nothing in this chapter shall be construed as altering or preempting the provisions
of Title 39, Militia and Armories, as specifically related to the Utah National Guard.
Section 37. Section 
71-8-3
 is amended to read:
71-8-3.
Duties of executive director -- Services to veterans.
The executive director shall:
(1) be responsible for the administration and the operation or support of the following
veteran-related operations:
(a) Utah State [
Veterans'
] 
Veterans
 Nursing Homes and Programs;
(b) Utah State [
Veterans'
] 
Veterans
 Cemetery and Memorial Park;
(c) Title 71, Chapter 10, [
Veteran's
] 
Veterans
 Preference;
(d) any locally or federally funded programs for homeless veterans within the state; and
(e) any federally funded education services for veterans within the state;
(2) maintain liaison with local, state, and federal [
veterans'
] 
veterans
 agencies and with
Utah [
veterans'
] 
veterans
 organizations;
(3) provide current information so that veterans, their surviving spouses and family
members, and Utah [
veterans'
] 
veterans
 organizations will be aware of benefits to which they
are, or may become, entitled;
(4) reach out and assist veterans and their families in applying for benefits and
services;
(5) develop and maintain a system for determining how many veterans are employed
by the various government entities within the state and keeping track of them;
(6) cooperate with other state entities in the receipt of information to create and
maintain a record of veterans in Utah;
(7) create and administer a [
veterans'
] 
veterans
 assistance registry, with
recommendations from the council, that will provide contact information to the qualified
donors of materials and labor for certain qualified recipients;
(8) prepare an annual report for presentation not later than November 30 of each year
to the Government Operations Interim Committee, which includes:
(a) all services provided to veterans;
(b) all services provided by third parties through the [
Veterans'
] 
Veterans
 Assistance
Registry; and
(c) the coordination of [
veterans'
] 
veterans
 services by government entities with the
department;
(9) advise the governor on matters pertaining to military affairs throughout Utah,
including active duty servicemembers, reserve duty servicemembers, and veterans;
(10) identify military-related issues, challenges, and opportunities, and develop plans
for addressing them;
(11) develop, coordinate, and maintain relationships with military leaders of Utah
military installations, including the Utah National Guard;
(12) develop, coordinate, and maintain relationships with Utah's congressional
delegation and military staffers;
(13) develop and maintain relationships with military-related organizations in Utah;
(14) conduct forums and meetings with stakeholders to identify military issues and
challenges and to develop solutions to them; and
(15) perform other related duties as requested by the governor.
Section 38. Section 
71-8-4
 is amended to read:
71-8-4.
Veterans Advisory Council -- Membership -- Duties and responsibilities --
Per diem and travel expenses.
(1) There is created a [
Veterans'
] 
Veterans
 Advisory Council whose purpose is to
advise the executive director of the Department of [
Veterans'
] 
Veterans
 and Military Affairs on
issues relating to veterans.
(2) The council shall consist of the following 14 members:
(a) 11 voting members to serve four-year terms:
(i) seven veterans at large appointed by the governor;
(ii) the commander or the commander's designee, whose terms shall last for as long as
they hold that office, from each of the following organizations:
(A) Veterans of Foreign Wars;
(B) American Legion; and
(C) Disabled American Veterans; and
(iii) a representative from the Office of the Governor; and
(b) three nonvoting members:
(i) the executive director of the Department of [
Veterans'
] 
Veterans
 and Military
Affairs;
(ii) the director of the VA Health Care System or his designee; and
(iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
or his designee.
(3) (a) Except as required by Subsection (3)(b), as terms of current council members
expire, the governor shall appoint each new or reappointed member to a four-year term
commencing on July 1.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
council members are staggered so that approximately half of the members appointed by the
governor are appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the governor shall
appoint a replacement for the unexpired term within 60 days of receiving notice.
(5) Members appointed by the governor may not serve more than three consecutive
terms.
(6) (a) Any [
veterans'
] 
veterans
 group or veteran may provide the executive director
with a list of recommendations for members on the council.
(b) The executive director shall provide the governor with the list of recommendations
for members to be appointed to the council.
(c) The governor shall make final appointments to the council by June 30 of any year in
which appointments are to be made under this chapter.
(7) The council shall elect a chair and vice chair from among the council members
every two years. The chair and vice chair shall each be an individual who:
(a) has served on active duty in the armed forces for more than 180 consecutive days;
(b) was a member of a reserve component who served in a campaign or expedition for
which a campaign medal has been authorized; or
(c) incurred an actual service-related injury or disability in the line of duty, whether or
not that person completed 180 consecutive days of active duty; and
(d) was separated or retired under honorable conditions.
(8) (a) The council shall meet at least once every quarter.
(b) The executive director of the Department of [
Veterans'
] 
Veterans
 and Military
Affairs may convene additional meetings, as necessary.
(9) The department shall provide staff to the council.
(10) Six voting members are a quorum for the transaction of business.
(11) The council shall:
(a) solicit input concerning veterans issues from veterans' groups throughout the state;
(b) report issues received to the executive director of the Department of [
Veterans'
]
Veterans
 and Military Affairs and make recommendations concerning them;
(c) keep abreast of federal developments that affect veterans locally and advise the
executive director of them;
(d) approve, by a majority vote, the use of money generated from [
veterans'
] 
veterans
license plates under Section 
41-1a-422
 for [
veterans'
] 
veterans
 programs; and
(e) assist the director in developing guidelines and qualifications for:
(i) participation by donors and recipients in the [
Veterans'
] 
Veterans
 Assistance
Registry created in Section 
71-12-101
; and
(ii) developing a process for providing contact information between qualified donors
and recipients.
(12) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 39. Section 
71-8-5
 is amended to read:
71-8-5.
Veterans services coordinator qualifications -- Duties.
(1) The [
veterans'
] 
veterans
 services coordinator shall:
(a) be an individual who:
(i) has served on active duty in the armed forces for more than 180 consecutive days;
(ii) was a member of a reserve component who served in a campaign or expedition for
which a campaign medal has been authorized; or
(iii) incurred an actual service-related injury or disability in the line of duty, whether or
not that person completed 180 consecutive days of active duty; and
(iv) was separated or retired under honorable conditions;
(b) have the education and experience in the use of computer technology, including
databases, to collect, manage, and store information; and
(c) have some education and experience in public relations.
(2) The [
veterans'
] 
veterans
 services coordinator shall be responsible to:
(a) identify all government entities that provide services for veterans;
(b) develop a process for coordination of [
veterans'
] 
veterans
 services across all
government entities; and
(c) develop and provide training for [
veterans'
] 
veterans
 affairs specialists on the
coordination of [
veterans'
] 
veterans
 services with the department.
Section 40. Section 
71-8-6
 is amended to read:
71-8-6.
Government entity participation.
(1) This section applies to:
(a) the Department of Human Services;
(b) the institutions of higher education listed in Section 
53B-1-102
;
(c) the Division of Professional and Occupational Licensing;
(d) the Department of Public Safety;
(e) the Department of Workforce Services; and
(f) the Department of Health.
(2) Each entity in Subsection (1) shall:
(a) assign a full-time employee, who preferably shall be a veteran, as a [
veterans'
]
veterans
 services specialist as part of their duties to coordinate the provision of veterans'
services with the department; and
(b) provide the department with nonprotected or nonprivate information about services
provided to veterans.
(3) Each entity shall post on the entity's website:
(a) all services available for veterans from the entity and the contact information for the
[
veterans'
] 
veterans
 services specialist; and
(b) a link to the department with the contact information for the [
veterans'
] 
veterans
services coordinator.
Section 41. Section 
71-8-7
 is amended to read:
71-8-7.
Government entity veterans affairs specialist -- Duties -- Training.
(1) Each government entity listed in Section 
71-8-6
 shall appoint or designate a
full-time employee as a [
veterans'
] 
veterans
 affairs specialist.
(2) The [
veterans'
] 
veterans
 affairs specialist shall:
(a) coordinate the provision of [
veterans'
] 
veterans
 services by the government entity
with the department; and
(b) attend annual training by the department on coordination processes including
providing nonprotected or nonprivate information to the department.
Section 42. Section 
71-9-1
 is amended to read:
71-9-1.
Contract to provide assistance to veterans and their widows and children.
The Department of [
Veterans'
] 
Veterans
 and Military Affairs is authorized to contract
with the American Legion, the Disabled American Veterans, and the Veterans of Foreign Wars
of the United States, as organized in this state, to provide, especially in the outlying areas of the
state, assistance to veterans, their widows, and children as follows:
(1) to disseminate information regarding all laws applicable to veterans, their widows,
and children in the preparation, presentation, and prosecution of claims against the United
States arising by reason of service in the military, naval, or air services;
(2) to assist veterans, their widows, and children in the establishment of all rights and
the procurement of all benefits which may accrue to them under the laws of this state or of the
United States;
(3) to cooperate with any and all agencies and instrumentalities of this state or of the
United States having to do with the employment or reemployment of veterans;
(4) to cooperate with any and all agencies and instrumentalities of this state or of the
United States and make a representative and information available on a rotating basis in the
outlying areas of the state;
(5) to assist veterans in obtaining such preference for employment as may be
authorized by the laws of this state or of the United States; and
(6) to assist veterans, their widows, and children in obtaining emergency relief, and to
that end cooperate with such agencies and instrumentalities of this state or of the United States
as have been or may be established for the purpose of extending emergency relief.
Section 43. Section 
71-9-2
 is amended to read:
71-9-2.
Contracts subject to appropriation of funds.
Any contract entered into under Section 
71-9-1
 shall expressly state that it is subject to
the appropriation of sufficient funds by the Legislature to carry out its terms and that the
decision of the executive director of the Department of [
Veterans'
] 
Veterans
 and Military
Affairs as to whether an appropriation is sufficient to carry out the terms of the contract is
conclusive.
Section 44. Section 
71-10-2
 is amended to read:
71-10-2.
Veterans preference.
(1) Each government entity shall grant a [
veteran's
] 
veterans
 preference upon initial
hiring to each preference eligible veteran or preference eligible spouse according to the
procedures and requirements of this chapter.
(2) The personnel officer of any government entity shall add to the score of a
preference eligible who receives a passing score on an examination, or any rating or ranking
mechanism used in selecting an individual for any career service position with the government
entity:
(a) 5% of the total possible score, if the preference eligible is a veteran;
(b) 10% of the total possible score, if the preference eligible is a veteran with a
disability or a purple heart recipient; or
(c) in the case of a preference eligible spouse, widow, or widower, the same percentage
the qualifying veteran is, or would have been, entitled to.
(3) A preference eligible who applies for a position that does not require an
examination, or where examination results are other than a numeric score, shall be given
preference in interviewing and hiring for the position.
Section 45. Section 
71-11-1
 is amended to read:
71-11-1.
Title.
This chapter [
shall be
] 
is
 known as the "Utah [
Veterans'
] 
Veterans
 Nursing Home Act."
Section 46. Section 
71-11-2
 is amended to read:
71-11-2.
Definitions -- Utah Veterans Nursing Home Act.
As used in this chapter:
(1) "Administrator" means a [
Veterans'
] 
Veterans
 Nursing Home Administrator
selected in accordance with Section 
71-11-5
.
(2) "Board" means any [
Veterans'
] 
Veterans
 Nursing Home Advisory Board.
(3) "Department" means the Department of [
Veterans'
] 
Veterans
 and Military Affairs
created in Section 
71-8-2
.
(4) "Executive director" means the executive director of the Department of [
Veterans'
]
Veterans
 and Military Affairs.
(5) "Home" means any Utah [
Veterans'
] 
Veterans
 Nursing Home.
(6) "Veteran" means the same as that term is defined in Section 
68-3-12.5
.
Section 47. Section 
71-11-3
 is amended to read:
71-11-3.
Establishment and construction -- Compliance with federal
requirements.
(1) The department shall administer [
veterans'
] 
veterans
 nursing homes established by
the Legislature.
(2) Each home shall:
(a) have at least an 80-bed capacity;
(b) be designed and constructed consistent with the requirements for federal funding
under 38 U.S.C. Sec. 8131 et seq.; and
(c) be operated consistent with the requirements for per diem payments from the
United States Department of Veterans Affairs under 38 U.S.C. Sec. 1741 et seq.
Section 48. Section 
71-11-4
 is amended to read:
71-11-4.
Administration by department.
The department shall supervise and operate each [
veterans'
] 
veterans
 nursing home.
Section 49. Section 
71-11-5
 is amended to read:
71-11-5.
Operation of homes -- Rulemaking authority -- Selection of
administrator.
(1) The department shall, subject to the approval of the executive director:
(a) establish appropriate criteria for the admission and discharge of residents for each
home, subject to the requirements in Section 
71-11-6
 and criteria set by the United States
Department of [
Veterans'
] 
Veterans
 Affairs;
(b) establish a schedule of charges for each home in cases where residents have
available resources;
(c) establish standards for the operation of the homes not inconsistent with standards
set by the United States Department of Veterans Affairs;
(d) make rules to implement this chapter in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(e) ensure that the homes are licensed in accordance with Title 26, Chapter 21, Health
Care Facility Licensing and Inspection Act, and 38 U.S.C. Sec. 1742(a).
(2) The department shall, after reviewing recommendations of the board, appoint an
administrator for each home.
Section 50. Section 
71-11-7
 is amended to read:
71-11-7.
Veterans nursing home advisory boards.
(1) Each home shall have a nursing home advisory board to act as a liaison between the
residents, members of the public, and the administration of the home.
(2) Each board shall consist of at least seven, but no more than 11, members appointed
as follows by the executive director:
(a) one appointee of the Resident Council of the specific [
veterans'
] 
veterans
 nursing
home;
(b) three veterans from the geographic area in which the [
veterans'
] 
veterans
 nursing
home is located;
(c) one medical professional experienced in veteran nursing home quality of care
issues;
(d) three at-large members with an interest in the success of [
veterans'
] 
veterans
nursing homes; and
(e) one member each from:
(i) the American Legion;
(ii) Disabled American Veterans; and
(iii) the Veterans of Foreign Wars.
(3) (a) (i) Members shall serve for four-year terms.
(ii) Except as required by Subsection (3)(b), as terms of current board members expire,
the executive director shall appoint each new or reappointed member to a four-year term
beginning on July 1.
(b) The executive director shall, at the time of appointment or reappointment, adjust
the length of terms to ensure that the terms of board members are staggered so that
approximately half of the board is appointed every two years.
(c) The executive director shall make final appointments to the board by June 30 of any
year in which appointments are to be made under this chapter.
(4) Vacancies not including the Resident Council representative shall be filled by the
executive director within 60 days of receiving notice of a vacancy, but only for the unexpired
term of the vacated member.
(5) Members may not serve more than two consecutive terms.
(6) Each board shall elect a chair annually from among its members at its first meeting
after July 1.
(7) Each board shall meet at least quarterly.
(8) A majority of the members of the board present constitute a quorum for the
transaction of business.
(9) Each board shall provide copies of all minutes of each meeting to the Department
of [
Veterans'
] 
Veterans
 and Military Affairs within 14 days of approval.
(10) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 51. Section 
71-11-8
 is amended to read:
71-11-8.
Utah Veterans Nursing Home Fund.
(1) There is created an expendable special revenue fund entitled the "Utah [
Veterans'
]
Veterans
 Nursing Home Fund" to be administered by the department for the benefit of each
home and its residents.
(2) All cash donations, gifts, or bequests shall be deposited in the fund and used
according to the wishes of the donor.
(3) All funds received by the homes from federal or state agencies, individual
insurance reimbursement, or cash payments shall be deposited in the fund.
(4) Funds received that are designated for a specific home shall be accounted for
separately within the fund.
Section 52. Section 
71-12-101
 is amended to read:
71-12-101.
Title.
This chapter is known as the "[
Veterans'
] 
Veterans
 Assistance Registry."
Section 53. Section 
71-12-102
 is amended to read:
71-12-102.
Definitions -- Veterans Assistance Registry.
As used in this chapter:
(1) "Council" means the [
Veterans'
] 
Veterans
 Advisory Council as created in Section
71-8-4
.
(2) "Department" means the Department of [
Veterans'
] 
Veterans
 and Military Affairs
as created in Section 
71-8-2
.
(3) "Donor" means an individual or entity that provides material goods, services, or
labor without charge to veterans in accordance with this chapter.
(4) "Recipient" means a veteran as defined in Section 
68-3-12.5
, or a veteran's
dependent spouse and children.
Section 54. Section 
71-12-103
 is amended to read:
71-12-103.
Veterans Assistance Registry.
(1) There is created within the department a [
Veterans'
] 
Veterans
 Assistance Registry.
(2) The intent of the registry is to provide contact information to qualified donors of
material goods, services, and labor for qualified recipients in need of specific goods, services,
or labor.
(3) The department shall, in consultation with the council:
(a) create a database of donors and recipients;
(b) develop an electronic link on the department's website to the database of donors
and recipients;
(c) insure that information provided by donors and recipients is only used for the
intended purpose as specified in Subsection (2) and not made public;
(d) provide instructions online for donors and recipients to use in registering for the
registry;
(e) publicize through both local and nationwide [
veterans'
] 
veterans
 service
organizations and the United States [
Veterans' Administration
] 
Department of Veterans Affairs
the availability of the registry; and
(f) track usage of and report annually on the registry program in accordance with
Section 
71-8-3
.
Section 55. Section 
71-13-102
 is amended to read:
71-13-102.
Definitions -- Veterans Benefits Assistance Act.
As used in this chapter:
(1) "Accredited" means a service organization representative, agent, or attorney to
whom authority has been granted by the VA to provide assistance to claimants in the
preparation, presentation, and prosecution of claims for VA benefits.
(2) "Assistance" means an accredited individual providing claimant-specific
recommendations or preparing or submitting an application for VA benefits on behalf of a
claimant.
(3) "Certify" means to submit in writing to a veteran or the veteran's dependents certain
disclosure forms provided by the department.
(4) "Claimant" means a person who has filed or has expressed to a service organization
representative, agent, or attorney an intention to file a written application for determination of
entitlement to benefits provided under United States Code, Title 38, and implementing
directives.
(5) "Department" means the [
Utah
] Department of [
Veterans'
] 
Veterans
 and Military
Affairs.
(6) "Executive director" means the executive director of the [
Utah
] Department of
[
Veterans'
] 
Veterans
 and Military Affairs.
(7) "Non-compliant referral" means referring a veteran's or a veteran's dependent's
original claim for veteran benefits for assistance to an individual who is in violation of the
provisions of this chapter.
(8) "Referring entity" means an individual, business, or organization licensed in this
state who refers or assists a veteran or a veteran's dependents for assistance with an original
claim for veteran benefits.
(9) "VA" means the United States Department of Veterans Affairs.
(10) "VA benefits" means any payment, service, commodity, function, or status
entitlement which is determined under laws administered by the VA pertaining to veterans,
dependents, and survivors as well as other potential beneficiaries under United States Code,
Title 38.
(11) "Veteran" includes all eligible dependents.
Section 56. Section 
71-13-105
 is amended to read:
71-13-105.
Department responsibilities -- Notification -- Assistance -- Complaints
-- Claimant responsibilities.
(1) The [
Utah
] Department of [
Veterans'
] 
Veterans
 and Military Affairs shall notify in
writing each veteran for whom the department has contact information that any individual or
business offering to assist veterans in applying for benefits shall disclose in writing to the
veteran the following:
(a) 38 C.F.R. 14.629 and 38 C.F.R. 14.630 require that any individual providing
assistance be accredited by the VA;
(b) federal law restricts charging a veteran a fee for assisting in the initial application
for VA benefits; and
(c) the department's website has a list with contact information of VA accredited claim
representatives.
(2) Beginning July 1, 2015, and every three years after the department shall:
(a) notify the Insurance Department regarding the federal law governing assistance for
VA benefits, and the Insurance Department shall notify all individual producers and
consultants licensed by the Insurance Department at the time of initial licensing and upon
license renewal of those same federal laws governing assistance for VA benefits;
(b) contact the Utah State Bar regarding federal law governing legal assistance for
claimants applying for benefits and request that the association provide continuing legal
education on federal laws governing assistance; and
(c) notify the Department of Health regarding federal law governing the assistance for
claimants applying for benefits, and the Department of Health shall notify all assisted living
and nursing care facilities of those federal laws.
(3) The executive director may establish procedures for processing complaints related
to assistance regarding a claim for VA benefits.
(4) For violations by accredited or non-accredited individuals who offer assistance with
VA benefits, the executive director may audit selected assisting individuals and referring
entities for compliance with this chapter and federal laws which govern the provision of
assistance to claimants.
Section 57. Section 
72-4-201
 is amended to read:
72-4-201.
I-15 designated as Veterans Memorial Highway.
(1) There is established the [
Veterans'
] 
Veterans
 Memorial Highway composed of the
existing Interstate Highway 15 from the Utah-Idaho border to the Utah-Arizona border.
(2) The department shall designate Interstate 15 as the "[
Veterans'
] 
Veterans
 Memorial
Highway" on all future state highway maps.
Section 58. Section 
72-4-203
 is amended to read:
72-4-203.
Utah National Parks Highway.
(1) There is established the Utah National Parks Highway comprising the existing
highway from Route 89 at the Utah-Arizona border near Big Water westerly on Route 89 to
Route 9 near Mount Carmel Junction then westerly on Route 9 to Route 17 near La Verkin then
northerly on Route 17 to Interstate Highway 15 then northerly on Interstate Highway 15
frontage roads, the [
Veterans'
] 
Veterans
 Memorial Highway, to Route 14 near Cedar City then
southeasterly on Route 14 to Route 148 near Cedar Breaks National Monument then northerly
on Route 148 to Route 143 near the north end of Cedar Breaks National Monument then
northeasterly on Route 143 to Route 89 near Panguitch then southerly on Route 89 to Route 12
near Red Canyon then northeasterly on Route 12, the Clem Church Memorial Highway, to
Route 24 near Torrey then easterly on Route 24 to Route 95 near Hanksville then southeasterly
on Route 95, the Bicentennial Highway, to Route 191 near Blanding then northerly on Route
191 to the junction with Interstate Highway 70 near Crescent Junction.
(2) In addition to other official designations, the Department of Transportation shall
designate and highlight the portions of the highways identified in Subsection (1) as the Utah
National Parks Highway on all future state highway maps.
Section 59. Section 
78B-6-2003
 is amended to read:
78B-6-2003.
Definitions.
As used in this part:
(1) "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite
asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform
amphibole minerals, and any of these minerals that have been chemically treated or altered,
including all minerals defined as asbestos in 29 C.F.R. Sec. 1910 at the time the asbestos action
is filed.
(2) (a) "Asbestos action" means a claim for damages or other civil or equitable relief
presented in a civil action resulting from, based on, or related to:
(i) the health effects of exposure to asbestos, including:
(A) loss of consortium;
(B) wrongful death;
(C) mental or emotional injury;
(D) risk or fear of disease or other injury; and
(E) costs of medical monitoring or surveillance; and
(ii) any other derivative claim made by or on behalf of a person exposed to asbestos or
a representative, spouse, parent, child, or other relative of that person.
(b) "Asbestos action" does not include a claim for workers' compensation or [
veterans'
]
veterans
 benefits.
(3) "Asbestos trust" means a:
(a) government-approved or court-approved trust that is intended to provide
compensation to claimants arising out of, based on, or related to the health effects of exposure
to asbestos or asbestos-containing products;
(b) qualified settlement fund that is intended to provide compensation to claimants
arising out of, based on, or related to the health effects of exposure to asbestos or
asbestos-containing products;
(c) compensation fund or claims facility created as a result of an administrative or legal
action that is intended to provide compensation to claimants arising out of, based on, or related
to the health effects of exposure to asbestos or asbestos-containing products;
(d) court-approved bankruptcy that is intended to provide compensation to claimants
arising out of, based on, or related to the health effects of exposure to asbestos or
asbestos-containing products; or
(e) plan of reorganization or trust pursuant to 11 U.S.C. Sec. 524(g) or 11 U.S.C. Sec.
1121(a) or other applicable provision of law that is intended to provide compensation to
claimants arising out of, based on, or related to the health effects of exposure to asbestos or
asbestos-containing products.
(4) "Plaintiff" means:
(a) the person bringing the asbestos action, including a personal representative if the
asbestos action is brought by an estate; or
(b) a conservator or next friend if the asbestos action is brought on behalf of a minor or
legally incapacitated individual.
(5) "Trust claims materials" means a final executed proof of claim and all other
documents and information related to a claim against an asbestos trust, including:
(a) claims forms and supplementary materials;
(b) affidavits;
(c) depositions and trial testimony;
(d) work history;
(e) medical and health records;
(f) documents reflecting the status of a claim against an asbestos trust; and
(g) all documents relating to the settlement of the trust claim if the trust claim has
settled.
(6) "Trust governance documents" means all documents that relate to eligibility and
payment levels, including:
(a) claims payment matrices; and
(b) trust distribution procedures or plans for reorganization for an asbestos trust.
(7) "[
Veterans'
] 
Veterans
 benefits" means a program for benefits in connection with
military service administered by the 
United States Department of
 Veterans [
Administration
]
Affairs
 under United States Code, Title 38, Veterans Benefits.
(8) (a) "Workers' compensation" means a program administered by the United States or
a state to provide benefits, funded by a responsible employer or the employer's insurance
carrier, for occupational diseases or injuries or for disability or death caused by occupational
diseases or injuries.
(b) "Workers' compensation" includes the Longshore and Harbor Workers'
Compensation Act, 33 U.S.C. Sec. 901 et seq., and Federal Employees' Compensation Act, 5
U.S.C. Sec. 8101 et seq.
(c) "Workers' compensation" does not include the Federal Employers' Liability Act, 45
U.S.C. Sec. 51 et seq. 
Legislative Review Note
Office of Legislative Research and General Counsel