Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 179 (2018GS)

Sponsor

Rep. Ivory, K.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires that certain training and certification required of public officials, employees, and volunteers be presented or available in an online web-based format, unless certain exceptions apply; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE TRAINING AND CERTIFICATION REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill enacts requirements related to certain training and certification required of
public officials, employees, and volunteers.
Highlighted Provisions:
This bill:
▸ requires that certain training and certification required of public officials,
employees, and volunteers be presented or available in an online web-based format,
unless certain exceptions apply; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-2-103
, as renumbered and amended by Laws of Utah 2017, Chapter 345
9-1-201
, as last amended by Laws of Utah 2017, Chapter 48
11-13-225
, as enacted by Laws of Utah 2015, Chapter 265
13-1-2
, as last amended by Laws of Utah 2017, Chapter 139
17B-1-312
, as last amended by Laws of Utah 2017, Chapter 70
19-1-201
, as last amended by Laws of Utah 2015, Chapters 441 and 453
26-1-30
, as last amended by Laws of Utah 2015, Chapter 73
31A-2-201
, as last amended by Laws of Utah 2010, Chapter 68
32B-2-207
, as last amended by Laws of Utah 2012, Chapter 365
34A-6-109
, as renumbered and amended by Laws of Utah 1997, Chapter 375
35A-1-104
, as last amended by Laws of Utah 2016, Chapters 133, 296, and 296
41-6a-303
, as last amended by Laws of Utah 2010, Chapter 299
52-4-104
, as enacted by Laws of Utah 2006, Chapter 263
53-1-106
, as last amended by Laws of Utah 2013, Chapter 295
53B-1-103
, as last amended by Laws of Utah 2017, Chapter 382
53D-1-303
, as enacted by Laws of Utah 2014, Chapter 426
53E-3-401
, as renumbered and amended by Laws of Utah 2018, Chapter 1
59-2-702
, as last amended by Laws of Utah 2001, Chapter 214
59-2-1001
, as last amended by Laws of Utah 2013, Chapter 180
62A-1-111
, as last amended by Laws of Utah 2017, Chapter 331
63F-1-104
, as last amended by Laws of Utah 2017, Chapter 238
63G-6a-303
, as repealed and reenacted by Laws of Utah 2016, Chapter 355
64-13-6
, as last amended by Laws of Utah 2016, Chapter 243
67-3-1
, as last amended by Laws of Utah 2017, Chapter 11
67-5-1
, as last amended by Laws of Utah 2017, Chapters 295 and 387
67-5a-1
, as last amended by Laws of Utah 2001, Chapter 131
67-5b-102
, as last amended by Laws of Utah 2016, Chapter 290
67-19-6
, as last amended by Laws of Utah 2015, Chapter 175
67-19e-110
, as enacted by Laws of Utah 2016, Chapter 237
71-8-2
, as last amended by Laws of Utah 2016, Chapters 68, 230, and 252
72-1-201
, as last amended by Laws of Utah 2016, Chapter 137
76-9-907
, as enacted by Laws of Utah 2009, Chapter 86
78A-2-107
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-204
, as last amended by Laws of Utah 2011, Chapter 51
79-2-202
, as renumbered and amended by Laws of Utah 2009, Chapter 344
ENACTS:
7-1-212
, Utah Code Annotated 1953
10-1-204
, Utah Code Annotated 1953
17-50-108
, Utah Code Annotated 1953
63A-1-117
, Utah Code Annotated 1953
63G-22-101
, Utah Code Annotated 1953
63G-22-102
, Utah Code Annotated 1953
63G-22-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-2-103
 is amended to read:
4-2-103.
Functions, powers, and duties of department -- Fees for services --
Marketing orders -- Procedure -- Purchasing and auditing.
(1) The department shall:
(a) inquire into and promote the interests and products of agriculture and allied
industries;
(b) promote methods for increasing the production and facilitating the distribution of
the agricultural products of the state;
(c) (i) inquire into the cause of contagious, infectious, and communicable diseases
among livestock and the means for their prevention and cure; and
(ii) initiate, implement, and administer plans and programs to prevent the spread of
diseases among livestock;
(d) encourage experiments designed to determine the best means and methods for the
control of diseases among domestic and wild animals;
(e) issue marketing orders for any designated agricultural product to:
(i) promote orderly market conditions for any product;
(ii) give the producer a fair return on the producer's investment at the marketplace; and
(iii) only promote and not restrict or restrain the marketing of Utah agricultural
commodities;
(f) administer and enforce all laws assigned to the department by the Legislature;
(g) establish standards and grades for agricultural products and fix and collect
reasonable fees for services performed by the department in conjunction with the grading of
agricultural products;
(h) establish operational standards for any establishment that manufactures, processes,
produces, distributes, stores, sells, or offers for sale any agricultural product;
(i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
rules necessary for the effective administration of the agricultural laws of the state;
(j) when necessary, make investigations, subpoena witnesses and records, conduct
hearings, issue orders, and make recommendations concerning all matters related to
agriculture;
(k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
private or public place that may become infested or infected with harmful insects, plant
diseases, noxious or poisonous weeds, or other agricultural pests;
(ii) establish and enforce quarantines;
(iii) issue and enforce orders and rules for the control and eradication of pests,
wherever they may exist within the state; and
(iv) perform other duties relating to plants and plant products considered advisable and
not contrary to law;
(l) inspect apiaries for diseases inimical to bees and beekeeping;
(m) take charge of any agricultural exhibit within the state, if considered necessary by
the department, and award premiums at that exhibit;
(n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
Conservation Commission Act, and administer and disburse any funds available to assist
conservation districts in the state in the conservation of the state's soil and water resources;
(o) participate in the United States Department of Agriculture certified agricultural
mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;
(p) promote and support the multiple use of public lands; [
and
]
(q) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; and
[
(q)
] 
(r)
 perform any additional functions, powers, and duties provided by law.
(2) The department, by following the procedures and requirements of Section
63J-1-504
, may adopt a schedule of fees assessed for services provided by the department.
(3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
(i) the department gives notice of the proposed order to the producers and handlers of
the affected product;
(ii) the commissioner conducts a hearing on the proposed order; and
(iii) at least 50% of the registered producers and handlers of the affected products vote
in favor of the proposed order.
(b) (i) The department may establish boards of control to administer marketing orders
and the proceeds derived from any order.
(ii) A board of control shall:
(A) ensure that all proceeds are placed in an account in the board of control's name in a
depository institution; and
(B) ensure that the account is annually audited by an accountant approved by the
commissioner.
(4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
deposited into the General Fund as dedicated credits for the grain grading program.
(5) In fulfilling its duties in this chapter, the department may:
(a) purchase, as authorized or required by law, services that the department is
responsible to provide for legally eligible persons;
(b) take necessary steps, including legal action, to recover money or the monetary value
of services provided to a recipient who is not eligible;
(c) examine and audit the expenditures of any public funds provided to a local
authority, agency, or organization that contracts with or receives funds from those authorities or
agencies; and
(d) accept and administer grants from the federal government and from other sources,
public or private.
Section 2. Section 
7-1-212
 is enacted to read:
 7-1-212.
Compliance with training and certification requirements.
The department shall ensure that any training or certification required of a public
official or public employee, as those terms are defined in Section 
63G-22-102
, complies with
Title 63G, Chapter 22, State Training and Certification Requirements, if the training or
certification is required:
(1) under this title;
(2) by the department; or
(3) by an agency or division within the department.
Section 3. Section 
9-1-201
 is amended to read:
9-1-201.
Department of Heritage and Arts -- Creation -- Powers and duties.
(1) There is created the Department of Heritage and Arts.
(2) The department shall:
(a) be responsible for preserving and promoting the heritage of the state, the arts in the
state, and cultural development within the state;
(b) perform heritage, arts, and cultural development planning for the state;
(c) coordinate the program plans of the various divisions within the department;
(d) administer and coordinate all state or federal grant programs which are, or become,
available for heritage, arts, and cultural development;
(e) administer any other programs over which the department is given administrative
supervision by the governor;
(f) submit an annual written report to the governor and the Legislature as described in
Section 
9-1-208
; [
and
]
(g) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; and
[
(g)
] 
(h)
 perform any other duties as provided by the Legislature.
(3) The department may solicit and accept contributions of money, services, and
facilities from any other sources, public or private, but may not use those contributions for
publicizing the exclusive interest of the donor.
(4) Money received under Subsection (3) shall be deposited in the General Fund as
restricted revenues of the department.
(5) (a) For a pass-through funding grant of $25,000 or more, the department shall make
quarterly disbursements to the pass-through funding grant recipient, contingent upon the
department receiving a quarterly progress report from the pass-through funding grant recipient.
(b) The department shall:
(i) provide the pass-through funding grant recipient with a progress report form for the
reporting purposes described in Subsection (5)(a); and
(ii) include reporting requirement instructions with the form.
Section 4. Section 
10-1-204
 is enacted to read:
 10-1-204.
Training requirements.
A municipality shall ensure that any training that the municipality requires of a
municipal officer or employee complies with Title 63G, Chapter 22, State Training and
Certification Requirements.
Section 5. Section 
11-13-225
 is amended to read:
11-13-225.
Establishment of interlocal entity personnel system.
(1) An interlocal entity shall establish a system of personnel administration for the
interlocal entity as provided in this section.
(2) The interlocal entity shall administer the system described in Subsection (1) in a
manner that will effectively provide for:
(a) recruiting, selecting, and advancing employees on the basis of the employee's
relative ability, knowledge, and skills, including open consideration of qualified applicants for
initial appointment;
(b) equitable and adequate compensation;
(c) employee training as needed to assure high-quality performance;
(d) (i) retaining an employee on the basis of the adequacy of the employee's
performance; and
(ii) separation of an employee whose inadequate performance cannot be corrected;
(e) fair treatment of an applicant or employee in all aspects of personnel administration
without regard to race, color, religion, sex, national origin, political affiliation, age, or
disability, and with proper regard for the applicant's or employee's privacy and constitutional
rights; and
(f) a formal procedure for processing the appeals and grievances of an employee
without discrimination, coercion, restraint, or reprisal.
(3) An interlocal entity shall ensure that any employee training described in Subsection
(2)(c) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
Section 6. Section 
13-1-2
 is amended to read:
13-1-2.
Creation and functions of department -- Divisions created -- Fees --
Commerce Service Account.
(1) (a) There is created the Department of Commerce.
(b) The department shall
:
(i)
 execute and administer state laws regulating business activities and occupations
affecting the public interest[
.
]
; and
(ii) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(A) under this title;
(B) by the department; or
(C) by an agency or division within the department.
(2) Within the department the following divisions are created:
(a) the Division of Occupational and Professional Licensing;
(b) the Division of Real Estate;
(c) the Division of Securities;
(d) the Division of Public Utilities;
(e) the Division of Consumer Protection; and
(f) the Division of Corporations and Commercial Code.
(3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
fees assessed for services provided by the department by following the procedures and
requirements of Section 
63J-1-504
.
(b) The department shall submit each fee established in this manner to the Legislature
for its approval as part of the department's annual appropriations request.
(c) (i) There is created a restricted account within the General Fund known as the
"Commerce Service Account."
(ii) The restricted account created in Subsection (3)(c)(i) consists of fees collected by
each division and by the department.
(iii) The undesignated account balance may not exceed $1,000,000 at the end of each
fiscal year.
(iv) At the end of each fiscal year, the director of the Division of Finance shall transfer
into the General Fund any undesignated funds in the account that exceed the amount necessary
to maintain the undesignated account balance at $1,000,000.
(d) The department may not charge or collect a fee or expend money from the
restricted account without approval by the Legislature.
Section 7. Section 
17-50-108
 is enacted to read:
 17-50-108.
Training requirements.
A county shall ensure that any training that the county requires of a county officer or
employee complies with Title 63G, Chapter 22, State Training and Certification Requirements.
Section 8. Section 
17B-1-312
 is amended to read:
17B-1-312.
Training for board members.
(1) (a) Each member of a board of trustees of a local district shall, within one year after
taking office, complete the training described in Subsection (2).
(b) For the purposes of Subsection (1)(a), a member of a board of trustees of a local
district takes office each time the member is elected or appointed to a new term, including an
appointment to fill a midterm vacancy in accordance with Subsection 
17B-1-303
(5) or (6). 
(2) In conjunction with the Utah Association of Special Districts, the state auditor
shall:
(a) develop a training curriculum for the members of local district boards; [
and
]
(b) with the assistance of other state offices and departments the state auditor considers
appropriate and at times and locations established by the state auditor, carry out the training of
members of local district boards[
.
]
; and
(c) ensure that any training required under this Subsection (2) complies with Title 63G,
Chapter 22, State Training and Certification Requirements.
(3) (a) A local district board of trustees may compensate each member of the board for
each day of training described in Subsection (2) that the member completes, in accordance with
Section 
11-55-103
.
(b) The compensation authorized under Subsection (3)(a) is in addition to all other
amounts of compensation and expense reimbursement authorized under this chapter.
(c) A board of trustees may not pay compensation under Subsection (3)(a) to any board
member more than once per year.
(4) The state auditor shall issue a certificate of completion to each board member that
completes the training described in Subsection (2).
Section 9. Section 
19-1-201
 is amended to read:
19-1-201.
Powers and duties of department -- Rulemaking authority --
Committee.
(1) The department shall:
(a) enter into cooperative agreements with the Department of Health to delineate
specific responsibilities to assure that assessment and management of risk to human health
from the environment are properly administered;
(b) consult with the Department of Health and enter into cooperative agreements, as
needed, to ensure efficient use of resources and effective response to potential health and safety
threats from the environment, and to prevent gaps in protection from potential risks from the
environment to specific individuals or population groups;
(c) coordinate implementation of environmental programs to maximize efficient use of
resources by developing, in consultation with local health departments, a Comprehensive
Environmental Service Delivery Plan that:
(i) recognizes that the department and local health departments are the foundation for
providing environmental health programs in the state;
(ii) delineates the responsibilities of the department and each local health department
for the efficient delivery of environmental programs using federal, state, and local authorities,
responsibilities, and resources;
(iii) provides for the delegation of authority and pass through of funding to local health
departments for environmental programs, to the extent allowed by applicable law, identified in
the plan, and requested by the local health department; and
(iv) is reviewed and updated annually; [
and
]
(d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, as follows:
(i) for a board created in Section 
19-1-106
, rules regarding:
(A) board meeting attendance; and
(B) conflicts of interest procedures; and
(ii) procedural rules that govern:
(A) an adjudicative proceeding, consistent with Section 
19-1-301
; and
(B) a special adjudicative proceeding, consistent with Section 
19-1-301.5
[
.
]
; and
(e) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department.
(2) The department shall establish a committee that consists of:
(a) the executive director or the executive director's designee;
(b) two representatives of the department appointed by the executive director; and
(c) three representatives of local health departments appointed by a group of all the
local health departments in the state.
(3) The committee established in Subsection (2) shall:
(a) review the allocation of environmental quality resources between the department
and the local health departments;
(b) evaluate department policies that affect local health departments;
(c) consider policy changes proposed by the department or by local health departments;
(d) coordinate the implementation of environmental quality programs to maximize
environmental quality resources; and
(e) review each department application for any grant from the federal government that
affects a local health department before the department submits the application.
(4) The committee shall create bylaws to govern the committee's operations.
(5) The department may:
(a) investigate matters affecting the environment;
(b) investigate and control matters affecting the public health when caused by
environmental hazards;
(c) prepare, publish, and disseminate information to inform the public concerning
issues involving environmental quality;
(d) establish and operate programs, as authorized by this title, necessary for protection
of the environment and public health from environmental hazards;
(e) use local health departments in the delivery of environmental health programs to
the extent provided by law;
(f) enter into contracts with local health departments or others to meet responsibilities
established under this title;
(g) acquire real and personal property by purchase, gift, devise, and other lawful
means;
(h) prepare and submit to the governor a proposed budget to be included in the budget
submitted by the governor to the Legislature;
(i) (i) establish a schedule of fees that may be assessed for actions and services of the
department according to the procedures and requirements of Section 
63J-1-504
; and
(ii) in accordance with Section 
63J-1-504
, all fees shall be reasonable, fair, and reflect
the cost of services provided;
(j) prescribe by rule reasonable requirements not inconsistent with law relating to
environmental quality for local health departments;
(k) perform the administrative functions of the boards established by Section 
19-1-106
,
including the acceptance and administration of grants from the federal government and from
other sources, public or private, to carry out the board's functions;
(l) upon the request of any board or a division director, provide professional, technical,
and clerical staff and field and laboratory services, the extent of which are limited by the funds
available to the department for the staff and services; and
(m) establish a supplementary fee, not subject to Section 
63J-1-504
, to provide service
that the person paying the fee agrees by contract to be charged for the service in order to
efficiently utilize department resources, protect department permitting processes, address
extraordinary or unanticipated stress on permitting processes, or make use of specialized
expertise.
(6) In providing service under Subsection (5)(m), the department may not provide
service in a manner that impairs any other person's service from the department.
Section 10. Section 
26-1-30
 is amended to read:
26-1-30.
Powers and duties of department.
The department shall exercise the following powers and duties, in addition to other
powers and duties established in this chapter:
(1) enter into cooperative agreements with the Department of Environmental Quality to
delineate specific responsibilities to assure that assessment and management of risk to human
health from the environment are properly administered;
(2) consult with the Department of Environmental Quality and enter into cooperative
agreements, as needed, to ensure efficient use of resources and effective response to potential
health and safety threats from the environment, and to prevent gaps in protection from potential
risks from the environment to specific individuals or population groups;
(3) promote and protect the health and wellness of the people within the state;
(4) establish, maintain, and enforce rules necessary or desirable to carry out the
provisions and purposes of this title to promote and protect the public health or to prevent
disease and illness;
(5) investigate and control the causes of epidemic, infectious, communicable, and other
diseases affecting the public health;
(6) provide for the detection, reporting, prevention, and control of communicable,
infectious, acute, chronic, or any other disease or health hazard which the department considers
to be dangerous, important, or likely to affect the public health;
(7) collect and report information on causes of injury, sickness, death, and disability
and the risk factors that contribute to the causes of injury, sickness, death, and disability within
the state;
(8) collect, prepare, publish, and disseminate information to inform the public
concerning the health and wellness of the population, specific hazards, and risks that may affect
the health and wellness of the population and specific activities which may promote and protect
the health and wellness of the population;
(9) establish and operate programs necessary or desirable for the promotion or
protection of the public health and the control of disease or which may be necessary to
ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
programs may not be established if adequate programs exist in the private sector;
(10) establish, maintain, and enforce isolation and quarantine, and for this purpose
only, exercise physical control over property and individuals as the department finds necessary
for the protection of the public health;
(11) close theaters, schools, and other public places and forbid gatherings of people
when necessary to protect the public health;
(12) abate nuisances when necessary to eliminate sources of filth and infectious and
communicable diseases affecting the public health;
(13) make necessary sanitary and health investigations and inspections in cooperation
with local health departments as to any matters affecting the public health;
(14) establish laboratory services necessary to support public health programs and
medical services in the state;
(15) establish and enforce standards for laboratory services which are provided by any
laboratory in the state when the purpose of the services is to protect the public health;
(16) cooperate with the Labor Commission to conduct studies of occupational health
hazards and occupational diseases arising in and out of employment in industry, and make
recommendations for elimination or reduction of the hazards;
(17) cooperate with the local health departments, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
convicted sexual offenders, and any victims of a sexual offense;
(18) investigate the causes of maternal and infant mortality;
(19) establish, maintain, and enforce a procedure requiring the blood of adult
pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
presence and concentration of alcohol;
(20) provide the Commissioner of Public Safety with monthly statistics reflecting the
results of the examinations provided for in Subsection (19) and provide safeguards so that
information derived from the examinations is not used for a purpose other than the compilation
of statistics authorized in this Subsection (20);
(21) establish qualifications for individuals permitted to draw blood pursuant to
Subsection 
41-6a-523
(1)(a)(vi), 
53-10-405
(2)(a)(vi), or 
72-10-502
(5)(a)(vi), and to issue
permits to individuals it finds qualified, which permits may be terminated or revoked by the
department;
(22) establish a uniform public health program throughout the state which includes
continuous service, employment of qualified employees, and a basic program of disease
control, vital and health statistics, sanitation, public health nursing, and other preventive health
programs necessary or desirable for the protection of public health;
(23) adopt rules and enforce minimum sanitary standards for the operation and
maintenance of:
(a) orphanages;
(b) boarding homes;
(c) summer camps for children;
(d) lodging houses;
(e) hotels;
(f) restaurants and all other places where food is handled for commercial purposes,
sold, or served to the public;
(g) tourist and trailer camps;
(h) service stations;
(i) public conveyances and stations;
(j) public and private schools;
(k) factories;
(l) private sanatoria;
(m) barber shops;
(n) beauty shops;
(o) physician offices;
(p) dentist offices;
(q) workshops;
(r) industrial, labor, or construction camps;
(s) recreational resorts and camps;
(t) swimming pools, public baths, and bathing beaches;
(u) state, county, or municipal institutions, including hospitals and other buildings,
centers, and places used for public gatherings; and
(v) any other facilities in public buildings or on public grounds;
(24) conduct health planning for the state;
(25) monitor the costs of health care in the state and foster price competition in the
health care delivery system;
(26) adopt rules for the licensure of health facilities within the state pursuant to Title
26, Chapter 21, Health Care Facility Licensing and Inspection Act;
(27) license the provision of child care;
(28) accept contributions to and administer the funds contained in the Organ Donation
Contribution Fund created in Section 
26-18b-101
;
(29) serve as the collecting agent, on behalf of the state, for the nursing care facility
assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
and adopt rules for the enforcement and administration of the nursing facility assessment
consistent with the provisions of Title 26, Chapter 35a, Nursing Care Facility Assessment Act;
(30) establish methods or measures for health care providers, public health entities, and
health care insurers to coordinate among themselves to verify the identity of the individuals
they serve; [
and
]
(31) (a) designate Alzheimer's disease and related dementia as a public health issue
and, within budgetary limitations, implement a state plan for Alzheimer's disease and related
dementia by incorporating the plan into the department's strategic planning and budgetary
process; and
(b) coordinate with other state agencies and other organizations to implement the state
plan for Alzheimer's disease and related dementia[
.
]
; and
(32) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(a) under this title;
(b) by the department; or
(c) by an agency or division within the department.
Section 11. Section 
31A-2-201
 is amended to read:
31A-2-201.
General duties and powers.
(1) The commissioner shall administer and enforce this title.
(2) The commissioner has all powers specifically granted, and all further powers that
are reasonable and necessary to enable the commissioner to perform the duties imposed by this
title.
(3) (a) The commissioner may make rules to implement the provisions of this title
according to the procedures and requirements of Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(b) In addition to the notice requirements of Section 
63G-3-301
, the commissioner
shall provide notice under Section 
31A-2-303
 of hearings concerning insurance department
rules.
(4) (a) The commissioner shall issue prohibitory, mandatory, and other orders as
necessary to secure compliance with this title. An order by the commissioner is not effective
unless the order:
(i) is in writing; and
(ii) is signed by the commissioner or under the commissioner's authority.
(b) On request of any person who would be affected by an order under Subsection
(4)(a), the commissioner may issue a declaratory order to clarify the person's rights or duties.
(5) (a) The commissioner may hold informal adjudicative proceedings and public
meetings, for the purpose of:
(i) investigation;
(ii) ascertainment of public sentiment; or
(iii) informing the public.
(b) An effective rule or order may not result from informal hearings and meetings
unless the requirement of a hearing under this section is satisfied.
(6) The commissioner shall inquire into violations of this title and may conduct any
examinations and investigations of insurance matters, in addition to examinations and
investigations expressly authorized, that the commissioner considers proper to determine:
(a) whether or not any person has violated any provision of this title; or
(b) to secure information useful in the lawful administration of this title.
(7) The commissioner shall ensure that any training or certification required of a public
official or public employee, as those terms are defined in Section 
63G-22-102
, complies with
Title 63G, Chapter 22, State Training and Certification Requirements, if the training or
certification is required:
(a) under this title;
(b) by the department; or
(c) by an agency or division within the department.
Section 12. Section 
32B-2-207
 is amended to read:
32B-2-207.
Department employees -- Requirements.
(1) "Upper management" means the director, a deputy director, or other Schedule AD,
AR, or AS employee of the department, as defined in Section 
67-19-15
, except for the director
of internal audits and auditors hired by the director of internal audits under Section
32B-2-302.5
.
(2) (a) Subject to this title, including the requirements of Chapter 1, Part 3,
Qualifications and Background, the director may prescribe the qualifications of a department
employee.
(b) The director may hire an employee who is upper management only with the
approval of four commissioners voting in an open meeting.
(c) Except as provided in Section 
32B-1-303
, the executive director may dismiss an
employee who is upper management after consultation with the chair of the commission.
(3) (a) A person who seeks employment with the department shall file with the
department an application under oath or affirmation in a form prescribed by the commission.
(b) Upon receiving an application, the department shall determine whether the
individual is:
(i) of good moral character; and
(ii) qualified for the position sought.
(c) The department shall select an individual for employment or advancement with the
department in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
(4) The following are not considered a department employee:
(a) a package agent;
(b) a licensee;
(c) a staff member of a package agent; or
(d) staff of a licensee.
(5) The department may not employ a minor to:
(a) work in:
(i) a state store; or
(ii) a department warehouse; or
(b) engage in an activity involving the handling of an alcoholic product.
(6) The department shall ensure that any training or certification required of a public
official or public employee, as those terms are defined in Section 
63G-22-102
, complies with
Title 63G, Chapter 22, State Training and Certification Requirements, if the training or
certification is required:
(a) under this title;
(b) by the department; or
(c) by an agency or division within the department.
Section 13. Section 
34A-6-109
 is amended to read:
34A-6-109.
Educational and training programs.
(1) The division, after consultation with other appropriate agencies, shall conduct,
directly or by assistance:
(a) educational programs to provide an adequate supply of qualified personnel to carry
out the purpose of this chapter; and
(b) informational programs on the importance of adequate safety and health equipment.
(2) 
(a)
 The division is authorized to conduct, directly or by assistance, training for
personnel engaged in work related to its responsibilities under this chapter.
(b) The division shall ensure that any training described in Subsection (2)(a) complies
with Title 63G, Chapter 22, State Training and Certification Requirements.
(3) The division shall:
(a) establish and supervise programs for the education and training of employers and
employees for recognition, avoidance, and prevention of unsafe or unhealthful working
conditions;
(b) consult and advise employers and employees about effective means for prevention
of any work-related injury or occupational disease; and
(c) provide safety and health workplace surveys.
Section 14. Section 
35A-1-104
 is amended to read:
35A-1-104.
Department authority.
Within all other authority or responsibility granted to it by law, the department may:
(1) adopt rules when authorized by this title, in accordance with the procedures of Title
63G, Chapter 3, Utah Administrative Rulemaking Act;
(2) purchase, as authorized or required by law, services that the department is
responsible to provide for legally eligible persons;
(3) conduct adjudicative proceedings in accordance with the procedures of Title 63G,
Chapter 4, Administrative Procedures Act;
(4) establish eligibility standards for its programs, not inconsistent with state or federal
law or regulations;
(5) take necessary steps, including legal action, to recover money or the monetary value
of services provided to a recipient who is not eligible;
(6) administer oaths, certify to official acts, issue subpoenas to compel witnesses and
the production of books, accounts, documents, and other records necessary as evidence;
(7) acquire, manage, and dispose of any real or personal property needed or owned by
the department, not inconsistent with state law;
(8) receive gifts, grants, devises, and donations or their proceeds, crediting the program
designated by the donor, and using the gift, grant, devise, or donation for the purposes
requested by the donor, as long as the request conforms to state and federal policy;
(9) accept and employ volunteer labor or services;
(10) reimburse volunteers for necessary expenses, when the department considers that
reimbursement to be appropriate;
(11) carry out the responsibility assigned by the State Workforce Services Plan
developed by the State Workforce Development Board;
(12) 
(a)
 provide training and educational opportunities for [
its
] 
the department's
 staff;
and
(b) ensure that any training or educational opportunity described in Subsection (12)(a)
complies with Title 63G, Chapter 22, State Training and Certification Requirements;
(13) examine and audit the expenditures of any public funds provided to a local
authority, agency, or organization that contracts with or receives funds from those authorities or
agencies;
(14) accept and administer grants from the federal government and from other sources,
public or private;
(15) employ and determine the compensation of clerical, legal, technical, investigative,
and other employees necessary to carry out its policymaking, regulatory, and enforcement
powers, rights, duties, and responsibilities under this title;
(16) establish and conduct free employment agencies, and bring together employers
seeking employees and working people seeking employment, and make known the
opportunities for employment in this state;
(17) collect, collate, and publish statistical and other information relating to employees,
employers, employments, and places of employment, and other statistics as it considers proper;
(18) encourage the expansion and use of apprenticeship programs meeting state or
federal standards for apprenticeship programs;
(19) develop processes to ensure that the department responds to the full range of
employee and employer clients;
(20) carry out the responsibilities assigned to it by statute; and
(21) administer the Safety Net Initiative as described in Section 
35A-3-802
.
Section 15. Section 
41-6a-303
 is amended to read:
41-6a-303.
Definition of reduced speed school zone -- Operation of warning lights
-- School crossing guard requirements -- Responsibility provisions -- Rulemaking
authority.
(1) As used in this section "reduced speed school zone" means a designated length of a
highway extending from a school zone speed limit sign with warning lights operating to an end
school zone sign.
(2) The Department of Transportation for state highways and local highway authorities 
for highways under their jurisdiction:
(a) shall establish reduced speed school zones at elementary schools after written
assurance by a local highway authority that the local highway authority complies with
Subsections (3) and (4); and
(b) may establish reduced speed school zones for secondary schools at the request of
the local highway authority.
(3) For all reduced speed school zones on highways, including state highways within
the jurisdictional boundaries of a local highway authority, the local highway authority shall:
(a) (i) provide shuttle service across highways for school children; or
(ii) provide, train, and supervise school crossing guards in accordance with this
section;
(b) provide for the:
(i) operation of reduced speed school zones, including providing power to warning
lights and turning on and off the warning lights as required under Subsections (4) and (5); and
(ii) maintenance of reduced speed school zones except on state highways as provided
in Section 
41-6a-302
; and
(c) notify the Department of Transportation of reduced speed school zones on state
highways that are in need of maintenance.
(4) While children are going to or leaving school during opening and closing hours all
reduced speed school zones shall have:
(a) the warning lights operating on each school zone speed limit sign; and
(b) a school crossing guard present if the reduced speed school zone is for an
elementary school.
(5) The warning lights on a school zone speed limit sign may not be operating except
as provided under Subsection (4).
(6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the Department of Transportation shall make rules establishing criteria and specifications for
the:
(i) establishment, location, and operation of school crosswalks, school zones, and
reduced speed school zones;
(ii) training, use, and supervision of school crossing guards at elementary schools and
secondary schools; and
(iii) content and implementation of child access routing plans under Section
53A-3-402
.
(b) If a school crosswalk is established at a signalized intersection in accordance with
the requirements of this section, a local highway authority may reduce the speed limit at the
signalized intersection to 20 miles per hour for a highway under its jurisdiction.
(7) Each local highway authority shall pay for providing, training, and supervising
school crossing guards in accordance with this section.
(8) Each local highway authority shall ensure that any training described in this section
complies with Title 63G, Chapter 22, State Training and Certification Requirements.
Section 16. Section 
52-4-104
 is amended to read:
52-4-104.
Training.
(1)
 The presiding officer of the public body shall ensure that the members of the public
body are provided with annual training on the requirements of this chapter.
(2) The presiding officer shall ensure that any training described in Subsection (1)
complies with Title 63G, Chapter 22, State Training and Certification Requirements.
Section 17. Section 
53-1-106
 is amended to read:
53-1-106.
Department duties -- Powers.
(1) In addition to the responsibilities contained in this title, the department shall:
(a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
Code, including:
(i) setting performance standards for towing companies to be used by the department,
as required by Section 
41-6a-1406
; and
(ii) advising the Department of Transportation regarding the safe design and operation
of school buses, as required by Section 
41-6a-1304
;
(b) make rules to establish and clarify standards pertaining to the curriculum and
teaching methods of a motor vehicle accident prevention course under Section 
31A-19a-211
;
(c) aid in enforcement efforts to combat drug trafficking;
(d) meet with the Department of Technology Services to formulate contracts, establish
priorities, and develop funding mechanisms for dispatch and telecommunications operations;
(e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
Victims of Crime in conducting research or monitoring victims' programs, as required by
Section 
63M-7-505
;
(f) develop sexual assault exam protocol standards in conjunction with the Utah
Hospital Association;
(g) engage in emergency planning activities, including preparation of policy and
procedure and rulemaking necessary for implementation of the federal Emergency Planning
and Community Right to Know Act of 1986, as required by Section 
53-2a-702
; [
and
]
(h) implement the provisions of Section 
53-2a-402
, the Emergency Management
Assistance Compact[
.
]
; and
(i) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department.
(2) (a) The department may establish a schedule of fees as required or allowed in this
title for services provided by the department.
(b) The fees shall be established in accordance with Section 
63J-1-504
.
(3) The department may establish or contract for the establishment of an Organ
Procurement Donor Registry in accordance with Section 
26-28-120
.
Section 18. Section 
53B-1-103
 is amended to read:
53B-1-103.
Establishment of State Board of Regents -- Powers, duties, and
authority.
(1) There is established a State Board of Regents.
(2) (a) Except as provided in Subsection (2)(b), the board shall control, manage, and
supervise the institutions of higher education designated in Section 
53B-1-102
 in a manner
consistent with the policy and purpose of this title and the specific powers and responsibilities
granted to the board.
(b) The board may only exercise powers relating to the Utah System of Technical
Colleges Board of Trustees, the Utah System of Technical Colleges, or a technical college that
are specifically provided in this title.
(3) The board shall, for the Utah System of Higher Education:
(a) provide strategic leadership and link system capacity to the economy and workforce
needs;
(b) enhance the impact and efficiency of the system;
(c) establish measurable goals and metrics and delineate the expected contributions of
individual institutions of higher education toward these goals;
(d) evaluate presidents based on institutional performance;
(e) delegate to presidents the authority to manage the presidents' institutions of higher
education;
(f) administer statewide functions including system data collection and reporting;
(g) establish unified budget, finance, and capital funding priorities and practices; and
(h) provide system leadership on issues that have a system-wide impact, including:
(i) statewide college access and college preparedness initiatives;
(ii) learning opportunities drawn from multiple campuses or online learning options,
including new modes of delivery of content at multiple locations;
(iii) degree program requirement guidelines including credit hour limits, articulation
agreements, and transfer across institutions;
(iv) alignment of general education requirements across institutions of higher
education;
(v) incorporation of evidence-based practices that increase college completion; and
(vi) monitoring of workforce needs, with an emphasis on credentials that build upon
one another.
(4) The board shall coordinate and support articulation agreements between the Utah
System of Technical Colleges or a technical college and other institutions of higher education.
(5) The board shall prepare and submit an annual report detailing the board's progress
and recommendations on career and technical education issues and addressing workforce needs
to the governor and to the Legislature's Education Interim Committee by October 31 of each
year, which shall include information detailing:
(a) how the career and technical education needs of secondary students are being met
by institutions of higher education described in Subsection 
53B-1-102
(1)(a), including the
access secondary students have to programs offered by Salt Lake Community College's School
of Applied Technology, Snow College, and Utah State University Eastern;
(b) how the emphasis on high demand, high wage, and high skill jobs in business and
industry is being provided;
(c) performance outcomes, including:
(i) entered employment;
(ii) job retention; and
(iii) earnings;
(d) an analysis of workforce needs and efforts to meet workforce needs; and
(e) student tuition and fees.
(6) The board may modify the name of an institution described in Subsection
53B-1-102
(1)(a) to reflect the role and general course of study of the institution.
(7) The board may not conduct a feasibility study or perform another act relating to
merging a technical college with another institution of higher education.
(8) This section does not affect the power and authority vested in the State Board of
Education to apply for, accept, and manage federal appropriations for the establishment and
maintenance of career and technical education.
(9) The board shall ensure that any training or certification that an employee of the
higher education system is required to complete under this title or by board rule complies with
Title 63G, Chapter 22, State Training and Certification Requirements.
Section 19. Section 
53D-1-303
 is amended to read:
53D-1-303.
Board authority and duties.
(1) The board has broad policymaking authority over the office and the trust fund.
(2) (a) The board shall establish policies for the management of:
(i) the office, including:
(A) an investment management code of conduct and associated compliance policy;
(B) a policy for the strategic allocation of trust fund assets;
(C) a soft dollar policy; and
(D) a policy articulating the board's investment philosophy for trust fund assets; and
(ii) the trust fund.
(b) Policies that the board adopts shall:
(i) be consistent with the enabling act, the Utah Constitution, and other applicable state
law;
(ii) reflect undivided loyalty to the beneficiaries consistent with fiduciary duties;
(iii) be designed to prudently optimize trust fund returns and increase the value of the
trust fund, consistent with the balancing of short-term and long-term interests, so that the
fiduciary duty of intergenerational equity is met;
(iv) be designed to maintain the integrity of the trust fund and prevent the
misapplication of money in the trust fund;
(v) enable the board to oversee the activities of the office; and
(vi) otherwise be in accordance with standard trust principles as provided by state law.
(3) The board shall:
(a) establish a conflict of interest policy for the office and board members;
(b) establish policies governing the evaluation, selection, and monitoring of
independent custodial arrangements;
(c) ensure that the office is managed according to law;
(d) establish bylaws to govern the board;
(e) establish the compensation of the director;
(f) annually examine the compensation and performance of the director as part of the
board's budget review process;
(g) annually report the director's compensation to the Legislature; and
(h) 
(i)
 adopt policies to provide for annual training of board members regarding their
duties and responsibilities[
.
]
; and
(ii) ensure that any training described in Subsection (3)(h)(i) complies with Title 63G,
Chapter 22, State Training and Certification Requirements.
(4) The board may:
(a) after conferring with the director:
(i) hire one or more consultants to advise the board, director, or office on issues
affecting the management of the trust fund; and
(ii) pay compensation to any consultant hired under Subsection (4)(a)(i), subject to
budgetary constraints; and
(b) submit to the director a written question or set of questions concerning policies and
practices affecting the management of the trust fund.
Section 20. Section 
53E-3-401
 is amended to read:
53E-3-401.
Powers of State Board of Education -- Adoption of rules --
Enforcement -- Attorney.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Education entity" means:
(i) an entity that receives a distribution of state funds through a grant program managed
by the board under this public education code; 
(ii) an entity that enters into a contract with the board to provide an educational good or 
service;
(iii) a school district; or 
(iv) a charter school. 
(c) "Educational good or service" means a good or service that is required or regulated
under:
(i) this public education code; or
(ii) a rule authorized under this public education code.
(d) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(2) (a) The State Board of Education has general control and supervision of the state's
public education system.
(b) "General control and supervision" as used in Utah Constitution, Article X, Section
3, means directed to the whole system.
(3) The board may not govern, manage, or operate school districts, institutions, and
programs, unless granted that authority by statute.
(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the board may make rules to execute the board's duties and responsibilities under the Utah
Constitution and state law.
(b) The board may delegate the board's statutory duties and responsibilities to board
employees.
(5) (a) The board may sell any interest it holds in real property upon a finding by the
board that the property interest is surplus.
(b) The board may use the money it receives from a sale under Subsection (5)(a) for
capital improvements, equipment, or materials, but not for personnel or ongoing costs.
(c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
or institution administered by the board, the money may only be used for purposes related to
the agency or institution.
(d) The board shall advise the Legislature of any sale under Subsection (5)(a) and
related matters during the next following session of the Legislature.
(6) The board shall develop policies and procedures related to federal educational
programs in accordance with Part 8, Implementing Federal or National Education Programs.
(7) On or before December 31, 2010, the State Board of Education shall review
mandates or requirements provided for in board rule to determine whether certain mandates or
requirements could be waived to remove funding pressures on public schools on a temporary
basis.
(8) (a) If an education entity violates this public education code or rules authorized
under this public education code, the board may, in accordance with the rules described in
Subsection (8)(c):
(i) require the education entity to enter into a corrective action agreement with the
board;
(ii) temporarily or permanently withhold state funds from the education entity;
(iii) require the education entity to pay a penalty; or
(iv) require the education entity to reimburse specified state funds to the board.
(b) Except for temporarily withheld funds, if the board collects state funds under
Subsection (8)(a), the board shall pay the funds into the Uniform School Fund.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules:
(i) that require notice and an opportunity to be heard for an education entity affected by
a board action described in Subsection (8)(a); and
(ii) to administer this Subsection (8).
(d) The board shall report criminal conduct of an education entity to the district
attorney of the county where the education entity is located.
(9) The board may audit the use of state funds by an education entity that receives
those state funds as a distribution from the board.
(10) The board may require, by rule made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, that if an LEA contracts with a third party contractor for
an educational good or service, the LEA shall require in the contract that the third party
contractor shall provide, upon request of the LEA, information necessary for the LEA to verify
that the educational good or service complies with:
(a) this public education code; and
(b) board rule authorized under this public education code.
(11) (a) The board may appoint an attorney to provide legal advice to the board and
coordinate legal affairs for the board and the board's employees.
(b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
Attorney General.
(c) An attorney described in Subsection (11)(a) may not:
(i) conduct litigation;
(ii) settle claims covered by the Risk Management Fund created in Section 
63A-4-201
;
or
(iii) issue formal legal opinions.
(12) The board shall ensure that any training or certification that an employee of the
public education system is required to complete under this title or by rule complies with Title
63G, Chapter 22, State Training and Certification Requirements.
Section 21. Section 
59-2-702
 is amended to read:
59-2-702.
Education and training of appraisers -- Continuing education for
appraisers and county assessors.
(1) The commission shall conduct, at its own expense, a program of education and
training of appraisal personnel preparatory to the examination of applicants for appraisers' and
assessors' certification or licensure required by Section 
59-2-701
.
(2) To ensure that the assessment of property will be performed in a professional
manner by competent personnel, meeting specified professional qualifications, the commission
shall conduct a continuing program of in-service education and training for county assessors
and property appraisers in the principles and practices of assessment and appraisal of property. 
For this purpose the commission may cooperate with educational institutions, local, regional,
state, or national assessors' organizations, and with other appropriate professional
organizations. The commission may reimburse the participation expenses incurred by
assessors and other employees of the state or its subdivisions whose attendance at in-service
training programs is approved by the commission.
(3) The commission shall ensure that any training or continuing education required
under this section complies with Title 63G, Chapter 22, State Training and Certification
Requirements.
Section 22. Section 
59-2-1001
 is amended to read:
59-2-1001.
County board of equalization -- Public hearings -- Hearing officers --
Notice of decision -- Rulemaking.
(1) The county legislative body is the county board of equalization and the county
auditor is the clerk of the county board of equalization.
(2) The county board of equalization shall adjust and equalize the valuation and
assessment of the real and personal property within the county, subject to regulation and
control by the commission, as prescribed by law. The county board of equalization shall meet
and hold public hearings each year to examine the assessment roll and equalize the assessment
of property in the county, including the assessment for general taxes of all taxing entities
located in the county.
(3) (a) Except as provided in Subsection (3)(d), a county board of equalization may:
(i) appoint an appraiser licensed in accordance with Title 61, Chapter 2g, Real Estate
Appraiser Licensing and Certification Act, as a hearing officer for the purpose of examining an
applicant or a witness; or
(ii) appoint an individual who is not licensed in accordance with Title 61, Chapter 2g,
Real Estate Appraiser Licensing and Certification Act, as a hearing officer for the purpose of
examining an applicant or a witness if the county board of equalization determines that the
individual has competency relevant to the work of a hearing officer, including competency in:
(A) real estate;
(B) finance;
(C) economics;
(D) public administration; or
(E) law.
(b) Except as provided in Subsection (3)(d), beginning on January 1, 2014, a county
board of equalization may only allow an individual to serve as a hearing officer for the
purposes of examining an applicant or a witness if the individual has completed a course the
commission:
(i) develops in accordance with Subsection (3)(c)(i); or
(ii) approves in accordance with Subsection (3)(c)(ii).
(c) (i) On or before January 1, 2014, the commission shall develop a hearing officer
training course that includes training in property valuation and administrative law.
(ii) In addition to the course the commission develops in accordance with Subsection
(3)(c)(i), the commission may approve a hearing officer training course provided by a county or
a private entity if the course includes training in property valuation and administrative law.
(iii) The commission shall ensure that any training described in this Subsection (3)(c)
complies with Title 63G, Chapter 22, State Training and Certification Requirements.
(d) A county board of equalization may not appoint a person employed by an assessor's
office as a hearing officer.
(e) A hearing officer shall transmit the hearing officer's findings to the board, where a
quorum shall be required for final action upon any application for exemption, deferral,
reduction, or abatement.
(4) The clerk of the board of equalization shall notify the taxpayer, in writing, of any
decision of the board. The decision shall include any adjustment in the amount of taxes due on
the property resulting from a change in the taxable value and shall be considered the corrected
tax notice.
(5) During the session of the board, the assessor or any deputy whose testimony is
needed shall be present and may make any statement or introduce and examine witnesses on
questions before the board.
(6) The county board of equalization may make and enforce any rule which is
consistent with statute or commission rule and necessary for the government of the board, the
preservation of order, and the transaction of business.
Section 23. Section 
62A-1-111
 is amended to read:
62A-1-111.
Department authority.
The department may, in addition to all other authority and responsibility granted to the
department by law:
(1) adopt rules, not inconsistent with law, as the department may consider necessary or
desirable for providing social services to the people of this state;
(2) establish and manage client trust accounts in the department's institutions and
community programs, at the request of the client or the client's legal guardian or representative,
or in accordance with federal law;
(3) purchase, as authorized or required by law, services that the department is
responsible to provide for legally eligible persons;
(4) conduct adjudicative proceedings for clients and providers in accordance with the
procedures of Title 63G, Chapter 4, Administrative Procedures Act;
(5) establish eligibility standards for its programs, not inconsistent with state or federal
law or regulations;
(6) take necessary steps, including legal action, to recover money or the monetary value
of services provided to a recipient who was not eligible;
(7) set and collect fees for its services;
(8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
or limited by law;
(9) acquire, manage, and dispose of any real or personal property needed or owned by
the department, not inconsistent with state law;
(10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
the proceeds thereof, may be credited to the program designated by the donor, and may be used
for the purposes requested by the donor, as long as the request conforms to state and federal
policy; all donated funds shall be considered private, nonlapsing funds and may be invested
under guidelines established by the state treasurer;
(11) accept and employ volunteer labor or services; the department is authorized to
reimburse volunteers for necessary expenses, when the department considers that
reimbursement to be appropriate;
(12) carry out the responsibility assigned in the workforce services plan by the State
Workforce Development Board;
(13) carry out the responsibility assigned by Section 
35A-8-602
 with respect to
coordination of services for the homeless;
(14) carry out the responsibility assigned by Section 
62A-5a-105
 with respect to
coordination of services for students with a disability;
(15) provide training and educational opportunities for its staff;
(16) collect child support payments and any other money due to the department;
(17) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
whose child lives out of the home in a department licensed or certified setting;
(18) establish policy and procedures, within appropriations authorized by the
Legislature, in cases where the department is given custody of a minor by the juvenile court
under Section 
78A-6-117
 or ordered to prepare an attainment plan for a minor found not
competent to proceed under Section 
78A-6-1301
; any policy and procedures shall include:
(a) designation of interagency teams for each juvenile court district in the state;
(b) delineation of assessment criteria and procedures;
(c) minimum requirements, and timeframes, for the development and implementation
of a collaborative service plan for each minor placed in department custody; and
(d) provisions for submittal of the plan and periodic progress reports to the court;
(19) carry out the responsibilities assigned to it by statute;
(20) examine and audit the expenditures of any public funds provided to local
substance abuse authorities, local mental health authorities, local area agencies on aging, and
any person, agency, or organization that contracts with or receives funds from those authorities
or agencies. Those local authorities, area agencies, and any person or entity that contracts with
or receives funds from those authorities or area agencies, shall provide the department with any
information the department considers necessary. The department is further authorized to issue
directives resulting from any examination or audit to local authorities, area agencies, and
persons or entities that contract with or receive funds from those authorities with regard to any
public funds. If the department determines that it is necessary to withhold funds from a local
mental health authority or local substance abuse authority based on failure to comply with state
or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
services. For purposes of this Subsection (20) "public funds" means the same as that term is
defined in Section 
62A-15-102
;
(21) pursuant to Subsection 
62A-2-106
(1)(d), accredit one or more agencies and
persons to provide intercountry adoption services; [
and
]
(22) within appropriations authorized by the Legislature, promote and develop a
system of care, as defined in Section 
62A-1-104
:
(a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
(b) that encompasses the department, department contractors, and the divisions,
offices, or institutions within the department, to:
(i) navigate services, funding resources, and relationships to the benefit of the children
and families whom the department serves;
(ii) centralize department operations, including procurement and contracting;
(iii) develop policies that govern business operations and that facilitate a system of care
approach to service delivery;
(iv) allocate resources that may be used for the children and families served by the
department or the divisions, offices, or institutions within the department, subject to the
restrictions in Section 
63J-1-206
;
(v) create performance-based measures for the provision of services; and
(vi) centralize other business operations, including data matching and sharing among
the department's divisions, offices, and institutions[
.
]
; and
(23) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(a) under this title;
(b) by the department; or
(c) by an agency or division within the department.
Section 24. Section 
63A-1-117
 is enacted to read:
 63A-1-117.
Training and certification requirements.
The department shall ensure that any training or certification required of a public
official or public employee, as those terms are defined in Section 
63G-22-102
, complies with
Title 63G, Chapter 22, State Training and Certification Requirements, if the training or
certification is required:
(1) under this title;
(2) by the department; or
(3) by an agency or division within the department.
Section 25. Section 
63F-1-104
 is amended to read:
63F-1-104.
Purposes.
The department shall:
(1) lead state executive branch agency efforts to establish and reengineer the state's
information technology architecture with the goal of coordinating central and individual agency
information technology in a manner that:
(a) ensures compliance with the executive branch agency strategic plan; and
(b) ensures that cost-effective, efficient information and communication systems and
resources are being used by agencies to:
(i) reduce data, hardware, and software redundancy;
(ii) improve system interoperability and data accessibility between agencies; and
(iii) meet the agency's and user's business and service needs;
(2) coordinate an executive branch strategic plan for all agencies;
(3) develop and implement processes to replicate information technology best practices
and standards throughout the executive branch;
(4) at least once every odd-numbered year:
(a) evaluate the adequacy of the department's and the executive branch agencies' data
and information technology system security standards through an independent third party
assessment; and
(b) communicate the results of the independent third party assessment to the
appropriate executive branch agencies and to the president of the Senate and the speaker of the
House of Representatives;
(5) oversee the expanded use and implementation of project and contract management
principles as they relate to information technology projects within the executive branch;
(6) serve as general contractor between the state's information technology users and
private sector providers of information technology products and services;
(7) work toward building stronger partnering relationships with providers;
(8) develop service level agreements with executive branch departments and agencies
to ensure quality products and services are delivered on schedule and within budget;
(9) develop standards for application development including a standard methodology
and cost-benefit analysis that all agencies shall utilize for application development activities;
(10) determine and implement statewide efforts to standardize data elements;
(11) develop systems and methodologies to review, evaluate, and prioritize existing
information technology projects within the executive branch and report to the governor and the
Public Utilities, Energy, and Technology Interim Committee on a semiannual basis regarding
the status of information technology projects; [
and
]
(12) assist the Governor's Office of Management and Budget with the development of
information technology budgets for agencies[
.
]
; and
(13) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(a) under this title;
(b) by the department; or
(c) by an agency or division within the department.
Section 26. Section 
63G-6a-303
 is amended to read:
63G-6a-303.
Duties and authority of chief procurement officer.
(1) The chief procurement officer:
(a) is the director of the division;
(b) serves as the central procurement officer of the state;
(c) serves as a voting member of the board; and
(d) serves as the protest officer for a protest relating to a procurement of an executive
branch procurement unit without independent procurement authority or a state cooperative
contract procurement, unless the chief procurement officer designates another to serve as
protest officer, as authorized in this chapter.
(2) Except as otherwise provided in this chapter, the chief procurement officer shall:
(a) develop procurement policies and procedures supporting ethical procurement
practices, fair and open competition among vendors, and transparency within the state's
procurement process;
(b) administer the state's cooperative purchasing program, including state cooperative
contracts and associated administrative fees;
(c) enter into an agreement with a public entity for services provided by the division, if
the agreement is in the best interest of the state;
(d) ensure the division's compliance with any applicable law, rule, or policy, including
a law, rule, or policy applicable to the division's role as an issuing procurement unit or
conducting procurement unit, or as the state's central procurement organization;
(e) manage the division's electronic procurement system;
(f) oversee the recruitment, training, career development, certification requirements,
and performance evaluation of the division's procurement personnel;
(g) make procurement training available to procurement units and persons who do
business with procurement units;
(h) provide exemplary customer service and continually improve the division's
procurement operations; [
and
]
(i) exercise all other authority, fulfill all other duties and responsibilities, and perform
all other functions authorized under this chapter[
.
]
; and
(j) ensure that any training described in this Subsection (2) complies with Title 63G,
Chapter 22, State Training and Certification Requirements.
(3) With respect to a procurement or contract over which the chief procurement officer
has authority under this chapter, the chief procurement officer, except as otherwise provided in
this chapter:
(a) shall:
(i) manage and supervise a procurement to ensure to the extent practicable that
taxpayers receive the best value;
(ii) prepare and issue standard specifications for procurement items;
(iii) review contracts, coordinate contract compliance, conduct contract audits, and
approve change orders;
(iv) in accordance with Section 
63F-1-205
, coordinate with the Department of
Technology Services, created in Section 
63F-1-103
, with respect to the procurement of
information technology services by an executive branch procurement unit;
(v) correct, amend, or cancel a procurement at any stage of the procurement process if
the procurement is out of compliance with this chapter or a board rule;
(vi) after consultation with the attorney general's office, correct, amend, or cancel a
contract at any time during the term of the contract if:
(A) the contract is out of compliance with this chapter or a board rule; and
(B) the chief procurement officer determines that correcting, amending, or canceling
the contract is in the best interest of the state; and
(vii) make a reasonable attempt to resolve a contract dispute, in coordination with the
attorney general's office; and
(b) may:
(i) delegate limited purchasing authority to a state agency, with appropriate oversight
and control to ensure compliance with this chapter;
(ii) delegate duties and authority to an employee of the division, as the chief
procurement officer considers appropriate;
(iii) negotiate and settle contract overcharges, undercharges, and claims, in accordance
with the law and after consultation with the attorney general's office;
(iv) authorize a procurement unit to make a procurement pursuant to a regional
solicitation, as defined in Subsection 
63G-6a-2105
[
(2)
]
(7)
, even if the procurement item is also
offered under a state cooperative contract, if the chief procurement officer determines that the
procurement pursuant to a regional solicitation is in the best interest of the acquiring
procurement unit; and
(v) remove an individual from the procurement process or contract administration for:
(A) having a conflict of interest or the appearance of a conflict of interest with a person
responding to a solicitation or with a contractor;
(B) having a bias or the appearance of bias for or against a person responding to a
solicitation or for or against a contractor;
(C) making an inconsistent or unexplainable score for a solicitation response;
(D) having inappropriate contact or communication with a person responding to a
solicitation;
(E) socializing inappropriately with a person responding to a solicitation or with a
contractor;
(F) engaging in any other action or having any other association that causes the chief
procurement officer to conclude that the individual cannot fairly evaluate a solicitation
response or administer a contract; or
(G) any other violation of a law, rule, or policy.
(4) The chief procurement officer may not delegate to an individual outside the
division the chief procurement officer's authority over a procurement described in Subsection
(3)(a)(iv).
(5) The chief procurement officer has final authority to determine whether an executive
branch procurement unit's anticipated expenditure of public funds, anticipated agreement to
expend public funds, or provision of a benefit constitutes a procurement that is subject to this
chapter.
(6) Except as otherwise provided in this chapter, the chief procurement officer shall
review, monitor, and audit the procurement activities and delegated procurement authority of
an executive branch procurement unit without independent procurement authority to ensure
compliance with this chapter, rules made by the applicable rulemaking authority, and division
policies.
Section 27. Section 
63G-22-101
 is enacted to read:
CHAPTER 22. STATE TRAINING AND CERTIFICATION REQUIREMENTS
 63G-22-101.
Title.
This chapter is known as "State Training and Certification Requirements."
Section 28. Section 
63G-22-102
 is enacted to read:
 63G-22-102.
Definitions.
As used in this chapter:
(1) "Political subdivision" means:
(a) a county;
(b) a municipality, as defined in Section 
10-1-104
;
(c) a local district;
(d) a special service district;
(e) an interlocal entity, as defined in Section 
11-13-103
;
(f) a community reinvestment agency;
(g) a local building authority; or
(h) a conservation district.
(2) (a) "Public employee" means any individual employed by or volunteering for a state
agency or a political subdivision who is not a public official.
(b) "Public employee" does not include an individual employed by or volunteering for
a taxed interlocal entity.
(3) (a) "Public official" means:
(i) an appointed official or an elected official as those terms are defined in Section
67-19-6.7
; or
(ii) an individual elected or appointed to a county office, municipal office, school
board or school district office, local district office, or special service district office.
(b) "Public official" does not include an appointed or elected official of a taxed
interlocal entity.
(4) "State agency" means a department, division, board, council, committee, institution,
office, bureau, or other similar administrative unit of the executive branch of state government.
(5) "Taxed interlocal entity" means the same as that term is defined in Section
11-13-602
.
Section 29. Section 
63G-22-103
 is enacted to read:
 63G-22-103.
State training and certification requirements.
Each state agency or political subdivision that provides any training or certification that
any state agency or political subdivision requires a public employee or public official to
complete shall present the training or make the training available in an online web-based
format, which may include a live webinar, unless:
(1) the training or certification:
(a) includes a physical or interactive component that, in the reasonable determination
of the agency or political subdivision, the attendee can only complete in person; or
(b) takes place over consecutive full-day sessions; or 
(2) no required attendee will travel more than 50 miles from the attendee's primary
residence or place of employment, whichever is closer to the training site, to attend the training.
Section 30. Section 
64-13-6
 is amended to read:
64-13-6.
Department duties.
(1) The department shall:
(a) protect the public through institutional care and confinement, and supervision in the
community of offenders where appropriate;
(b) implement court-ordered punishment of offenders;
(c) provide program opportunities for offenders;
(d) provide treatment for sex offenders who are found to be treatable based upon
criteria developed by the department;
(e) provide the results of ongoing assessment of sex offenders and objective diagnostic
testing to sentencing and release authorities;
(f) manage programs that take into account the needs and interests of victims, where
reasonable;
(g) supervise probationers and parolees as directed by statute and implemented by the
courts and the Board of Pardons and Parole;
(h) subject to Subsection (2), investigate criminal conduct involving offenders
incarcerated in a state correctional facility;
(i) cooperate and exchange information with other state, local, and federal law
enforcement agencies to achieve greater success in prevention and detection of crime and
apprehension of criminals;
(j) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
Offender Supervision; [
and
]
(k) establish a case action plan for each offender as follows:
(i) if an offender is to be supervised in the community, the case action plan shall be
established for the offender not more than 90 days after supervision by the department begins;
and
(ii) if the offender is committed to the custody of the department, the case action plan
shall be established for the offender not more than 120 days after the commitment[
.
]
; and
(l) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department.
(2) The department may in the course of supervising probationers and parolees:
(a) impose graduated sanctions, as established by the Utah Sentencing Commission
under Subsection 
63M-7-404
(6), for an individual's violation of one or more terms of the
probation or parole; and
(b) upon approval by the court or the Board of Pardons and Parole, impose as a
sanction for an individual's violation of the terms of probation or parole a period of
incarceration of not more than three consecutive days and not more than a total of five days
within a period of 30 days.
(3) (a) By following the procedures in Subsection (3)(b), the department may
investigate the following occurrences at state correctional facilities:
(i) criminal conduct of departmental employees;
(ii) felony crimes resulting in serious bodily injury;
(iii) death of any person; or
(iv) aggravated kidnaping.
(b) Prior to investigating any occurrence specified in Subsection (3)(a), the department
shall:
(i) notify the sheriff or other appropriate law enforcement agency promptly after
ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
occurred; and
(ii) obtain consent of the sheriff or other appropriate law enforcement agency to
conduct an investigation involving an occurrence specified in Subsection (3)(a).
(4) Upon request, the department shall provide copies of investigative reports of
criminal conduct to the sheriff or other appropriate law enforcement agencies.
(5) The Department of Corrections shall collect accounts receivable ordered by the
district court as a result of prosecution for a criminal offense according to the requirements and
during the time periods established in Subsection 
77-18-1
(9).
Section 31. Section 
67-3-1
 is amended to read:
67-3-1.
Functions and duties.
(1) (a) The state auditor is the auditor of public accounts and is independent of any
executive or administrative officers of the state.
(b) The state auditor is not limited in the selection of personnel or in the determination
of the reasonable and necessary expenses of the state auditor's office.
(2) The state auditor shall examine and certify annually in respect to each fiscal year,
financial statements showing:
(a) the condition of the state's finances;
(b) the revenues received or accrued;
(c) expenditures paid or accrued;
(d) the amount of unexpended or unencumbered balances of the appropriations to the
agencies, departments, divisions, commissions, and institutions; and
(e) the cash balances of the funds in the custody of the state treasurer.
(3) (a) The state auditor shall:
(i) audit each permanent fund, each special fund, the General Fund, and the accounts of
any department of state government or any independent agency or public corporation as the law
requires, as the auditor determines is necessary, or upon request of the governor or the
Legislature;
(ii) perform the audits in accordance with generally accepted auditing standards and
other auditing procedures as promulgated by recognized authoritative bodies;
(iii) as the auditor determines is necessary, conduct the audits to determine:
(A) honesty and integrity in fiscal affairs;
(B) accuracy and reliability of financial statements;
(C) effectiveness and adequacy of financial controls; and
(D) compliance with the law.
(b) If any state entity receives federal funding, the state auditor shall ensure that the
audit is performed in accordance with federal audit requirements.
(c) (i) The costs of the federal compliance portion of the audit may be paid from an
appropriation to the state auditor from the General Fund.
(ii) If an appropriation is not provided, or if the federal government does not
specifically provide for payment of audit costs, the costs of the federal compliance portions of
the audit shall be allocated on the basis of the percentage that each state entity's federal funding
bears to the total federal funds received by the state.
(iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
funds passed through the state to local governments and to reflect any reduction in audit time
obtained through the use of internal auditors working under the direction of the state auditor.
(4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
financial audits, and as the auditor determines is necessary, conduct performance and special
purpose audits, examinations, and reviews of any entity that receives public funds, including a
determination of any or all of the following:
(i) the honesty and integrity of all its fiscal affairs;
(ii) whether or not its administrators have faithfully complied with legislative intent;
(iii) whether or not its operations have been conducted in an efficient, effective, and
cost-efficient manner;
(iv) whether or not its programs have been effective in accomplishing the intended
objectives; and
(v) whether or not its management, control, and information systems are adequate,
effective, and secure.
(b) The auditor may not conduct performance and special purpose audits,
examinations, and reviews of any entity that receives public funds if the entity:
(i) has an elected auditor; and
(ii) has, within the entity's last budget year, had its financial statements or performance
formally reviewed by another outside auditor.
(5) The state auditor shall administer any oath or affirmation necessary to the
performance of the duties of the auditor's office, and may subpoena witnesses and documents,
whether electronic or otherwise, and examine into any matter that the auditor considers
necessary.
(6) The state auditor may require all persons who have had the disposition or
management of any property of this state or its political subdivisions to submit statements
regarding it at the time and in the form that the auditor requires.
(7) The state auditor shall:
(a) except where otherwise provided by law, institute suits in Salt Lake County in
relation to the assessment, collection, and payment of its revenues against:
(i) persons who by any means have become entrusted with public money or property
and have failed to pay over or deliver the money or property; and
(ii) all debtors of the state;
(b) collect and pay into the state treasury all fees received by the state auditor;
(c) perform the duties of a member of all boards of which the state auditor is a member
by the constitution or laws of the state, and any other duties that are prescribed by the
constitution and by law;
(d) stop the payment of the salary of any state official or state employee who:
(i) refuses to settle accounts or provide required statements about the custody and
disposition of public funds or other state property;
(ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
board or department head with respect to the manner of keeping prescribed accounts or funds;
or
(iii) fails to correct any delinquencies, improper procedures, and errors brought to the
official's or employee's attention;
(e) establish accounting systems, methods, and forms for public accounts in all taxing
or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
(f) superintend the contractual auditing of all state accounts;
(g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of
property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that
officials and employees in those taxing units comply with state laws and procedures in the
budgeting, expenditures, and financial reporting of public funds; and
(h) subject to Subsection (9), withhold the disbursement of tax money from any county,
if necessary, to ensure that officials and employees in the county comply with Section
59-2-303.1
.
(8) (a) Except as otherwise provided by law, the state auditor may not withhold funds
under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal
written notice of noncompliance from the auditor and has been given 60 days to make the
specified corrections.
(b) If, after receiving notice under Subsection (8)(a), a state or independent local
fee-assessing unit that exclusively assesses fees has not made corrections to comply with state
laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the
state auditor:
(i) shall provide a recommended timeline for corrective actions; and
(ii) may prohibit the state or local fee-assessing unit from accessing money held by the
state; and
(iii) may prohibit a state or local fee-assessing unit from accessing money held in an
account of a financial institution by filing an action in district court requesting an order of the
court to prohibit a financial institution from providing the fee-assessing unit access to an
account.
(c) The state auditor shall remove a limitation on accessing funds under Subsection
(8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and
financial reporting of public funds.
(d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with
state law, the state auditor:
(i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to
comply;
(ii) may prohibit the taxing or fee-assessing unit from accessing money held by the
state; and
(iii) may prohibit a taxing or fee-assessing unit from accessing money held in an
account of a financial institution by:
(A) contacting the taxing or fee-assessing unit's financial institution and requesting that
the institution prohibit access to the account; or
(B) filing an action in district court requesting an order of the court to prohibit a
financial institution from providing the taxing or fee-assessing unit access to an account.
(e) If the local taxing or fee-assessing unit adopts a budget in compliance with state
law, the state auditor shall eliminate a limitation on accessing funds described in Subsection
(8)(d).
(9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
received formal written notice of noncompliance from the auditor and has been given 60 days
to make the specified corrections.
(10) Notwithstanding Subsection (7)(g), (7)(h), (8)(b), or (8)(d) the state auditor:
(a) shall authorize a disbursement by a state or local taxing or fee-assessing unit if the
disbursement is necessary to:
(i) avoid a major disruption in the operations of the state or local taxing or
fee-assessing unit; or
(ii) meet debt service obligations; and
(b) may authorize a disbursement by a state or local taxing or fee-assessing unit as the
state auditor determines is appropriate.
(11) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to
take temporary custody of public funds if an action is necessary to protect public funds from
being improperly diverted from their intended public purpose.
(b) If the state auditor seeks relief under Subsection (11)(a):
(i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8);
and
(ii) the state treasurer may hold the public funds in accordance with Section 
67-4-1
 if a
court orders the public funds to be protected from improper diversion from their public
purpose.
(12) The state auditor shall:
(a) establish audit guidelines and procedures for audits of local mental health and
substance abuse authorities and their contract providers, conducted pursuant to Title 17,
Chapter 43, Part 2, Local Substance Abuse Authorities, [
and
] 
Title 17, Chapter 43,
 Part 3,
Local Mental Health Authorities, Title 51, Chapter 2a, Accounting Reports from Political
Subdivisions, Interlocal Organizations, and Other Local Entities Act, and Title 62A, Chapter
15, Substance Abuse and Mental Health Act; and
(b) ensure that those guidelines and procedures provide assurances to the state that:
(i) state and federal funds appropriated to local mental health authorities are used for
mental health purposes;
(ii) a private provider under an annual or otherwise ongoing contract to provide
comprehensive mental health programs or services for a local mental health authority is in
compliance with state and local contract requirements, and state and federal law;
(iii) state and federal funds appropriated to local substance abuse authorities are used
for substance abuse programs and services; and
(iv) a private provider under an annual or otherwise ongoing contract to provide
comprehensive substance abuse programs or services for a local substance abuse authority is in
compliance with state and local contract requirements, and state and federal law.
(13) The state auditor may, in accordance with the auditor's responsibilities for political
subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from Political
Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
investigations of any political subdivision that are necessary to determine honesty and integrity
in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
financial controls and compliance with the law.
(14) (a) The state auditor may not audit work that the state auditor performed before
becoming state auditor.
(b) If the state auditor has previously been a responsible official in state government
whose work has not yet been audited, the Legislature shall:
(i) designate how that work shall be audited; and
(ii) provide additional funding for those audits, if necessary.
(15) The state auditor shall:
(a) with the assistance, advice, and recommendations of an advisory committee
appointed by the state auditor from among local district boards of trustees, officers, and
employees and special service district boards, officers, and employees:
(i) prepare a Uniform Accounting Manual for Local Districts that:
(A) prescribes a uniform system of accounting and uniform budgeting and reporting
procedures for local districts under Title 17B, Limited Purpose Local Government Entities -
Local Districts, and special service districts under Title 17D, Chapter 1, Special Service
District Act;
(B) conforms with generally accepted accounting principles; and
(C) prescribes reasonable exceptions and modifications for smaller districts to the
uniform system of accounting, budgeting, and reporting;
(ii) maintain the manual under this Subsection (15)(a) so that it continues to reflect
generally accepted accounting principles;
(iii) conduct a continuing review and modification of procedures in order to improve
them;
(iv) prepare and supply each district with suitable budget and reporting forms; and
(v) 
(A)
 prepare instructional materials, conduct training programs, and render other
services considered necessary to assist local districts and special service districts in
implementing the uniform accounting, budgeting, and reporting procedures; and
(B) ensure that any training described in Subsection (15)(a)(v)(A) complies with Title
63G, Chapter 22, State Training and Certification Requirements; and
(b) continually analyze and evaluate the accounting, budgeting, and reporting practices
and experiences of specific local districts and special service districts selected by the state
auditor and make the information available to all districts.
(16) (a) The following records in the custody or control of the state auditor are
protected records under Title 63G, Chapter 2, Government Records Access and Management
Act:
(i) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a past or present governmental
employee if the information or allegation cannot be corroborated by the state auditor through
other documents or evidence, and the records relating to the allegation are not relied upon by
the state auditor in preparing a final audit report;
(ii) records and audit workpapers to the extent they would disclose the identity of a
person who during the course of an audit, communicated the existence of any waste of public
funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation
adopted under the laws of this state, a political subdivision of the state, or any recognized entity
of the United States, if the information was disclosed on the condition that the identity of the
person be protected;
(iii) before an audit is completed and the final audit report is released, records or drafts
circulated to a person who is not an employee or head of a governmental entity for their
response or information;
(iv) records that would disclose an outline or part of any audit survey plans or audit
program; and
(v) requests for audits, if disclosure would risk circumvention of an audit.
(b) The provisions of Subsections (16)(a)(i), (ii), and (iii) do not prohibit the disclosure
of records or information that relate to a violation of the law by a governmental entity or
employee to a government prosecutor or peace officer.
(c) The provisions of this Subsection (16) do not limit the authority otherwise given to
the state auditor to classify a document as public, private, controlled, or protected under Title
63G, Chapter 2, Government Records Access and Management Act.
(d) (i) As used in this Subsection (16)(d), "record dispute" means a dispute between the
state auditor and the subject of an audit performed by the state auditor as to whether the state
auditor may release a record, as defined in Section 
63G-2-103
, to the public that the state
auditor gained access to in the course of the state auditor's audit but which the subject of the
audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records
Access and Management Act.
(ii) The state auditor may submit a record dispute to the State Records Committee,
created in Section 
63G-2-501
, for a determination of whether the state auditor may, in
conjunction with the state auditor's release of an audit report, release to the public the record
that is the subject of the record dispute.
(iii) The state auditor or the subject of the audit may seek judicial review of a State
Records Committee determination under Subsection (16)(d)(ii), as provided in Section
63G-2-404
.
(17) If the state auditor conducts an audit of an entity that the state auditor has
previously audited and finds that the entity has not implemented a recommendation made by
the state auditor in a previous audit, the state auditor shall notify the Legislative Management
Committee through its audit subcommittee that the entity has not implemented that
recommendation.
Section 32. Section 
67-5-1
 is amended to read:
67-5-1.
General duties.
The attorney general shall:
(1) perform all duties in a manner consistent with the attorney-client relationship under
Section 
67-5-17
;
(2) except as provided in Sections 
10-3-928
 and 
17-18a-403
, attend the Supreme Court
and the Court of Appeals of this state, and all courts of the United States, and prosecute or
defend all causes to which the state or any officer, board, or commission of the state in an
official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
state is interested;
(3) after judgment on any cause referred to in Subsection (2), direct the issuance of
process as necessary to execute the judgment;
(4) account for, and pay over to the proper officer, all money that comes into the
attorney general's possession that belongs to the state;
(5) keep a file of all cases in which the attorney general is required to appear, including
any documents and papers showing the court in which the cases have been instituted and tried,
and whether they are civil or criminal, and:
(a) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to
judgment, a memorandum of the judgment and of any process issued if satisfied, and if not
satisfied, documentation of the return of the sheriff;
(b) if criminal, the nature of the crime, the mode of prosecution, the stage of
proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
execution, if the sentence has been executed, and, if not executed, the reason for the delay or
prevention; and
(c) deliver this information to the attorney general's successor in office;
(6) exercise supervisory powers over the district and county attorneys of the state in all
matters pertaining to the duties of their offices, and from time to time require of them reports of
the condition of public business entrusted to their charge;
(7) give the attorney general's opinion in writing and without fee to the Legislature or
either house and to any state officer, board, or commission, and to any county attorney or
district attorney, when required, upon any question of law relating to their respective offices;
(8) when required by the public service or directed by the governor, assist any county,
district, or city attorney in the discharge of county, district, or city attorney's duties;
(9) purchase in the name of the state, under the direction of the state Board of
Examiners, any property offered for sale under execution issued upon judgments in favor of or
for the use of the state, and enter satisfaction in whole or in part of the judgments as the
consideration of the purchases;
(10) when the property of a judgment debtor in any judgment mentioned in Subsection
(9) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
taking precedence of the judgment in favor of the state, redeem the property, under the
direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
pay all money necessary for the redemption, upon the order of the state Board of Examiners,
out of any money appropriated for these purposes;
(11) when in the attorney general's opinion it is necessary for the collection or
enforcement of any judgment, institute and prosecute on behalf of the state any action or
proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment
debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
Examiners, out of any money not otherwise appropriated;
(12) discharge the duties of a member of all official boards of which the attorney
general is or may be made a member by the Utah Constitution or by the laws of the state, and
other duties prescribed by law;
(13) institute and prosecute proper proceedings in any court of the state or of the
United States to restrain and enjoin corporations organized under the laws of this or any other
state or territory from acting illegally or in excess of their corporate powers or contrary to
public policy, and in proper cases forfeit their corporate franchises, dissolve the corporations,
and wind up their affairs;
(14) institute investigations for the recovery of all real or personal property that may
have escheated or should escheat to the state, and for that purpose, subpoena any persons
before any of the district courts to answer inquiries and render accounts concerning any
property, examine all books and papers of any corporations, and when any real or personal
property is discovered that should escheat to the state, institute suit in the district court of the
county where the property is situated for its recovery, and escheat that property to the state;
(15) administer the Children's Justice Center as a program to be implemented in
various counties pursuant to Sections 
67-5b-101
 through 
67-5b-107
;
(16) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
Constitutional and Federalism Defense Act;
(17) pursue any appropriate legal action to implement the state's public lands policy
established in Section 
63C-4a-103
; 
(18) investigate and prosecute violations of all applicable state laws relating to fraud in
connection with the state Medicaid program and any other medical assistance program
administered by the state, including violations of Title 26, Chapter 20, Utah False Claims Act;
(19) investigate and prosecute complaints of abuse, neglect, or exploitation of patients
at:
(a) health care facilities that receive payments under the state Medicaid program; and
(b) board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility;
(20) (a) report at least twice per year to the Legislative Management Committee on any
pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
(i) cost the state more than $500,000; or
(ii) require the state to take legally binding action that would cost more than $500,000
to implement; and
(b) if the meeting is closed, include an estimate of the state's potential financial or other
legal exposure in that report;
(21) (a) submit a written report to the committees described in Subsection (21)(b) that
summarizes the status and progress of any lawsuits that challenge the constitutionality of state
law that were pending at the time the attorney general submitted the attorney general's last
report under this Subsection (21), including any:
(i) settlements reached;
(ii) consent decrees entered; or
(iii) judgments issued; and
(b) at least 30 days before the Legislature's May and November interim meetings,
submit the report described in Subsection (21)(a) to:
(i) the Legislative Management Committee;
(ii) the Judiciary Interim Committee; and
(iii) the Law Enforcement and Criminal Justice Interim Committee;
(22) if the attorney general operates the Office of the Attorney General or any portion
of the Office of the Attorney General as an internal service fund agency in accordance with
Section 
67-5-4
, submit to the rate committee established in Section 
67-5-34
:
(a) a proposed rate and fee schedule in accordance with Subsection 
67-5-34
(4); and
(b) any other information or analysis requested by the rate committee; [
and
]
(23) before the end of each calendar year, create an annual performance report for the
Office of the Attorney General and post the report on the attorney general's website[
.
]
; and
(24) ensure that any training required under this chapter complies with Title 63G,
Chapter 22, State Training and Certification Requirements.
Section 33. Section 
67-5a-1
 is amended to read:
67-5a-1.
Utah Prosecution Council -- Duties -- Membership.
(1) There is created within the Office of the Attorney General the Utah Prosecution
Council, referred to as the council in this chapter.
(2) The council shall:
(a) 
(i)
 provide training and continuing legal education for state and local prosecutors;
and
(ii) ensure that any training or continuing legal education described in Subsection
(2)(a)(i) complies with Title 63G, Chapter 22, State Training and Certification Requirements;
(b) provide assistance to local prosecutors; and
(c) as funds are available and as are budgeted for this purpose, provide reimbursement
for unusual expenses related to prosecution for violations of state laws.
(3) The council shall be composed of 10 members, selected as follows:
(a) the attorney general or a designated representative;
(b) the commissioner of public safety or a designated representative;
(c) four currently serving county or district attorneys designated by the county or
district attorneys' section of the Utah Association of Counties; a county or district attorney's
term expires when a successor is designated by the county or district attorneys' section or when
he is no longer serving as a county attorney or district attorney, whichever occurs first;
(d) two city prosecutors designated by the Utah Municipal Attorneys Association; a
city prosecutor's term expires when a successor is designated by the association or when he is
no longer employed as a city prosecutor, whichever occurs first;
(e) the chair of the Board of Directors of the Statewide Association of Public Attorneys
of Utah; and
(f) the chair of the governing board of the Utah Prosecutorial Assistants Association.
Section 34. Section 
67-5b-102
 is amended to read:
67-5b-102.
Children's Justice Center -- Duties of center.
(1) (a) There is established a program, known as the Children's Justice Center Program,
that provides a comprehensive, multidisciplinary, intergovernmental response to child abuse
victims in a facility known as a Children's Justice Center.
(b) The attorney general shall administer the program.
(c) The attorney general shall:
(i) allocate the funds appropriated by a line item pursuant to Section 
67-5b-103
;
(ii) administer applications for state and federal grants and subgrants;
(iii) staff the Advisory Board on Children's Justice;
(iv) assist in the development of new centers;
(v) coordinate services between centers;
(vi) contract with counties and other entities for the provision of services;
(vii) 
(A)
 provide training, technical assistance, and evaluation to centers; and
(B) ensure that any training described in Subsection (1)(c)(vii)(A) complies with Title
63G, Chapter 22, State Training and Certification Requirements; and
(viii) provide other services to comply with established minimum practice standards as
required to maintain the state's and centers' eligibility for grants and subgrants.
(2) (a) The attorney general shall establish Children's Justice Centers, satellite offices,
or multidisciplinary teams in Beaver County, Box Elder County, Cache County, Carbon
County, Davis County, Duchesne County, Emery County, Grand County, Iron County, Kane
County, Salt Lake County, San Juan County, Sanpete County, Sevier County, Summit County,
Tooele County, Uintah County, Utah County, Wasatch County, Washington County, and
Weber County.
(b) The attorney general may establish other centers, satellites, or multidisciplinary
teams within a county and in other counties of the state.
(3) The attorney general and each center shall:
(a) coordinate the activities of the public agencies involved in the investigation and
prosecution of child abuse cases and the delivery of services to child abuse victims and child
abuse victims' families;
(b) provide a neutral, child-friendly program, where interviews are conducted and
services are provided to facilitate the effective and appropriate disposition of child abuse cases
in juvenile, civil, and criminal court proceedings;
(c) facilitate a process for interviews of child abuse victims to be conducted in a
professional and neutral manner;
(d) obtain reliable and admissible information that can be used effectively in child
abuse cases in the state;
(e) maintain a multidisciplinary team that includes representatives of public agencies
involved in the investigation and prosecution of child abuse cases and in the delivery of
services to child abuse victims and child abuse victims' families;
(f) hold regularly scheduled case reviews with the multidisciplinary team;
(g) coordinate and track:
(i) investigation of the alleged offense; and
(ii) preparation of prosecution;
(h) maintain a working protocol that addresses the center's procedures for conducting
forensic interviews and case reviews, and for ensuring a child abuse victim's access to medical
and mental health services;
(i) maintain a system to track the status of cases and the provision of services to child
abuse victims and child abuse victims' families;
(j) provide training for professionals involved in the investigation and prosecution of
child abuse cases and in the provision of related treatment and services;
(k) enhance community understanding of child abuse cases; and
(l) provide as many services as possible that are required for the thorough and effective
investigation of child abuse cases.
(4) To assist a center in fulfilling the requirements and statewide purposes as provided
in Subsection (3), each center may obtain access to any relevant juvenile court legal records
and adult court legal records, unless sealed by the court.
Section 35. Section 
67-19-6
 is amended to read:
67-19-6.
Responsibilities of the executive director.
(1) The executive director shall:
(a) develop, implement, and administer a statewide program of human resource
management that will:
(i) aid in the efficient execution of public policy;
(ii) foster careers in public service for qualified employees; and
(iii) render assistance to state agencies in performing their missions;
(b) design and administer the state pay plan;
(c) design and administer the state classification system and procedures for determining
schedule assignments;
(d) design and administer the state recruitment and selection system;
(e) administer agency human resource practices and ensure compliance with federal
law, state law, and state human resource rules, including equal employment opportunity;
(f) consult with agencies on decisions concerning employee corrective action and
discipline;
(g) maintain central personnel records;
(h) perform those functions necessary to implement this chapter unless otherwise
assigned or prohibited;
(i) perform duties assigned by the governor or statute;
(j) adopt rules for human resource management according to the procedures of Title
63G, Chapter 3, Utah Administrative Rulemaking Act;
(k) establish and maintain a management information system that will furnish the
governor, the Legislature, and agencies with current information on authorized positions,
payroll, and related matters concerning state human resources;
(l) conduct research and planning activities to:
(i) determine and prepare for future state human resource needs;
(ii) develop methods for improving public human resource management; and
(iii) propose needed policy changes to the governor;
(m) study the character, causes, and extent of discrimination in state employment and
develop plans for its elimination through programs consistent with federal and state laws
governing equal employment opportunity in employment;
(n) when requested by counties, municipalities, and other political subdivisions of the
state, provide technical service and advice on human resource management at a charge
determined by the executive director;
(o) establish compensation policies and procedures for early voluntary retirement;
(p) confer with the heads of other agencies about human resource policies and
procedures;
(q) submit an annual report to the governor and the Legislature; and
(r) assist with the development of a vacant position report required under Subsection
63J-1-201
(2)(b)(vi).
(2) (a) After consultation with the governor and the heads of other agencies, the
executive director shall establish and coordinate statewide training programs, including and
subject to available funding, the development of manager and supervisor training.
(b) The programs developed under this Subsection (2) shall have application to more
than one agency.
(c) The department may not establish training programs that train employees to
perform highly specialized or technical jobs and tasks.
(d) The department shall ensure that any training program described in this Subsection
(2) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
(3) (a) (i) The department may collect fees for training as authorized by this Subsection
(3).
(ii) Training funded from General Fund appropriations shall be treated as a separate
program within the department budget.
(iii) All money received from fees under this section will be accounted for by the
department as a separate user driven training program.
(iv) The user training program includes the costs of developing, procuring, and
presenting training and development programs, and other associated costs for these programs.
(b) (i) Funds remaining at the end of the fiscal year in the user training program are
nonlapsing.
(ii) Each year, as part of the appropriations process, the Legislature shall review the
amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
the department to lapse a portion of the funds.
Section 36. Section 
67-19e-110
 is amended to read:
67-19e-110.
Required training.
(1) Each year that an administrative law judge receives a performance evaluation
conducted by the department under this chapter, the administrative law judge shall complete
the procedural fairness training program described in this section.
(2) The department shall establish a procedural fairness training program that includes
training on how an administrative law judge's actions and behavior influence others'
perceptions of the fairness of the adjudicative process.
(3) The procedural fairness training program shall include discussion of the following
elements of procedural fairness:
(a) neutrality, including:
(i) consistent and equal treatment of the individuals who appear before the
administrative law judge;
(ii) concern for the individual needs of the individuals who appear before the
administrative law judge; and
(iii) unhurried and careful deliberation;
(b) respectful treatment of others; and
(c) providing individuals a voice and opportunity to be heard.
(4) The department may contract with a public or private person to develop or provide
the procedural fairness training program.
(5) The department shall ensure that the procedural fairness training program complies
with Title 63G, Chapter 22, State Training and Certification Requirements.
Section 37. 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' and Military Affairs.
(2) The governor shall appoint an executive director for the department, after
consultation with the 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 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[
.
]
; and
(f) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department.
(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 38. Section 
72-1-201
 is amended to read:
72-1-201.
Creation of Department of Transportation -- Functions, powers, duties,
rights, and responsibilities.
(1) There is created the Department of Transportation which shall:
(a) have the general responsibility for planning, research, design, construction,
maintenance, security, and safety of state transportation systems;
(b) provide administration for state transportation systems and programs;
(c) implement the transportation policies of the state;
(d) plan, develop, construct, and maintain state transportation systems that are safe,
reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and
industry;
(e) establish standards and procedures regarding the technical details of administration
of the state transportation systems as established by statute and administrative rule;
(f) advise the governor and the Legislature about state transportation systems needs;
(g) coordinate with utility companies for the reasonable, efficient, and cost-effective
installation, maintenance, operation, relocation, and upgrade of utilities within state highway
rights-of-way;
(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make policy and rules for the administration of the department, state transportation systems,
and programs; [
and
]
(i) annually report to the Transportation Interim Committee, by November 30 of each
year, as to the:
(i) operation, maintenance, condition, and safety needs for highways; and
(ii) condition, safety, and mobility of the state transportation system jointly with the
Transportation Commission[
.
]
; and
(j) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department.
(2) (a) The department shall exercise reasonable care in designing, constructing, and
maintaining a state highway in a reasonably safe condition for travel.
(b) Nothing in this section shall be construed as:
(i) creating a private right of action; or
(ii) expanding or changing the department's common law duty as described in
Subsection (2)(a) for liability purposes.
Section 39. Section 
76-9-907
 is amended to read:
76-9-907.
Training for participating law enforcement officers.
The sheriff or chief of police implementing this part shall ensure that
:
(1)
 all officers charged with enforcing this part successfully complete appropriate
training on identification of gang members and criminal street gangs[
.
]
; and
(2) any training described in this section complies with Title 63G, Chapter 22, State
Training and Certification Requirements.
Section 40. Section 
78A-2-107
 is amended to read:
78A-2-107.
Court administrator -- Powers, duties, and responsibilities.
Under the general supervision of the presiding officer of the Judicial Council, and
within the policies established by the council, the administrator shall:
(1) organize and administer all of the nonjudicial activities of the courts;
(2) assign, supervise, and direct the work of the nonjudicial officers of the courts;
(3) implement the standards, policies, and rules established by the council;
(4) formulate and administer a system of personnel administration, including in-service
training programs;
(5) prepare and administer the state judicial budget, fiscal, accounting, and
procurement activities for the operation of the courts of record, and assist justices' courts in
their budgetary, fiscal, and accounting procedures;
(6) conduct studies of the business of the courts, including the preparation of
recommendations and reports relating to them;
(7) develop uniform procedures for the management of court business, including the
management of court calendars;
(8) maintain liaison with the governmental and other public and private groups having
an interest in the administration of the courts;
(9) establish uniform policy concerning vacations and sick leave for judges and
nonjudicial officers of the courts;
(10) establish uniform hours for court sessions throughout the state and may, with the
consent of the presiding officer of the Judicial Council, call and appoint justices or judges of
courts of record to serve temporarily as Court of Appeals, district court, or juvenile court
judges and set reasonable compensation for their services;
(11) when necessary for administrative reasons, change the county for trial of any case
if no party to the litigation files timely objections to this change;
(12) 
(a)
 organize and administer a program of continuing education for judges and
support staff, including training for justice court judges; 
and
(b) ensure that any training or continuing education described in Subsection (12)(a)
complies with Title 63G, Chapter 22, State Training and Certification Requirements;
(13) provide for an annual meeting for each level of the courts of record, and the
annual judicial conference; and
(14) perform other duties as assigned by the presiding officer of the council.
Section 41. Section 
78B-6-204
 is amended to read:
78B-6-204.
Dispute Resolution Programs -- Director -- Duties -- Report.
(1) Within the Administrative Office of the Courts, there shall be a director of Dispute
Resolution Programs, appointed by the state court administrator.
(2) The director shall be an employee of the Administrative Office of the Courts and
shall be responsible for the administration of all court-annexed Dispute Resolution Programs. 
The director shall have duties, powers, and responsibilities as the Judicial Council may
determine. The qualifications for employment of the director shall be based on training and
experience in the management, principles, and purposes of alternative dispute resolution
procedures.
(3) In order to implement the purposes of this part, the Administrative Office of the
Courts may employ or contract with ADR providers or ADR organizations on a case-by-case
basis, on a service basis, or on a program basis. [
ADR providers and organizations shall be
subject to the rules and fees set by the Judicial Council.
]
(4)
 The Administrative Office of the Courts shall
:
(a)
 establish programs for training ADR providers and orienting attorneys and their
clients to ADR programs and procedures[
.
]
; and
(b) ensure that any training described in Subsection (4)(a) complies with Title 63G,
Chapter 22, State Training and Certification Requirements.
(5) ADR providers and organizations are subject to the rules and fees set by the
Judicial Council.
[
(4)
] 
(6)
 An ADR provider is immune from all liability when conducting proceedings
under the rules of the Judicial Council and the provisions of this part, except for wrongful
disclosure of confidential information, to the same extent as a judge of the courts in this state.
[
(5)
] 
(7)
 (a) The director shall report annually to the Supreme Court, the Judicial
Council, the governor, and the Utah State Bar on the operation of the Dispute Resolution
Programs.
(b) The director shall provide the report to the Judiciary Interim Committee, if
requested by the committee.
(c) Copies of the report shall be available to the public at the Administrative Office of
the Courts.
(d) The report shall include:
(i) identification of participating judicial districts and the methods of alternative
dispute resolution that are available in those districts;
(ii) the number and types of disputes received;
(iii) the methods of alternative dispute resolution to which the disputes were referred;
(iv) the course of the referral;
(v) the status of cases referred to alternative dispute resolution or the disposition of
these disputes; and
(vi) any problems encountered in the administration of the program and the
recommendations of the director as to the continuation or modification of any program.
(e) Nothing may be included in a report which would impair the privacy or
confidentiality of any specific ADR proceeding.
Section 42. Section 
79-2-202
 is amended to read:
79-2-202.
Executive director -- Appointment -- Removal -- Compensation --
Responsibilities.
(1) (a) The chief administrative officer of the department is an executive director
appointed by the governor with the consent of the Senate.
(b) The executive director may be removed at the will of the governor.
(c) The executive director shall receive a salary established by the governor within the
salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall:
(a) administer and supervise the department and provide for coordination and
cooperation among the boards, divisions, councils, and committees of the department;
(b) approve the budget of each board and division;
(c) participate in regulatory proceedings as appropriate for the functions and duties of
the department;
(d) report at the end of each fiscal year to the governor on department, board, and
division activities; [
and
]
(e) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; and
[
(e)
] 
(f)
 perform other duties as provided by statute.
(3) By following the procedures and requirements of Title 63J, Chapter 5, Federal
Funds Procedures Act, the executive director, may accept an executive or legislative provision
that is enacted by the federal government, whereby the state may participate in the distribution,
disbursement, or administration of a fund or service from the federal government for purposes
consistent with the powers and duties of the department.
(4) (a) The executive director, in cooperation with the governmental entities having
policymaking authority regarding natural resources, may engage in studies and comprehensive
planning for the development and conservation of the state's natural resources.
(b) The executive director shall submit any plan to the governor for review and
approval.