Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 12 (2018GS)

Sponsor

Sen. Millner, A.

Final action

Governor Signed 3/22/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals outdated provisions related to the public education code;
• makes technical cross reference changes to provisions related to the public education code; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC EDUCATION RECODIFICATION - CROSS
REFERENCES AND REPEALS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: 
Val L. Peterson
LONG TITLE
General Description:
This bill repeals and makes technical cross reference changes to provisions related to
the public education code.
Highlighted Provisions:
This bill:
▸ repeals outdated provisions related to the public education code;
▸ makes technical cross reference changes to provisions related to the public
education code; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
9-9-104.6
, as last amended by Laws of Utah 2015, Chapter 53
10-9a-103
, as last amended by Laws of Utah 2017, Chapters 17 and 84
10-9a-305
, as last amended by Laws of Utah 2013, Chapter 200
11-13-302
, as last amended by Laws of Utah 2015, Chapter 287
11-13-310
, as last amended by Laws of Utah 2003, Chapter 21
11-14-202
, as last amended by Laws of Utah 2017, Chapters 157, 251, 267 and last
amended by Coordination Clause, Laws of Utah 2017, Chapter 267
11-17-20
, as last amended by Laws of Utah 2012, Chapters 201 and 347
11-36a-102
, as last amended by Laws of Utah 2014, Chapter 363
11-36a-202
, as last amended by Laws of Utah 2016, Third Special Session, Chapter 2
11-44-201
, as last amended by Laws of Utah 2015, Chapter 181
11-49-102
, as last amended by Laws of Utah 2016, Chapter 350
13-22-8
, as last amended by Laws of Utah 2017, Chapter 98
17-27a-103
, as last amended by Laws of Utah 2017, Chapter 84
17-27a-305
, as last amended by Laws of Utah 2015, Chapter 465
20A-1-203
, as last amended by Laws of Utah 2015, Chapters 111 and 352
20A-14-206
, as enacted by Laws of Utah 1995, Chapter 1
26-1-17.5
 (Superseded 07/01/18)
, as last amended by Laws of Utah 2008, Chapter 382
26-1-17.5
 (Effective 07/01/18)
, as last amended by Laws of Utah 2017, Chapter 344
26-7-9
 (Effective 07/01/18)
, as enacted by Laws of Utah 2017, Chapter 344
26-10-6
, as last amended by Laws of Utah 2017, Chapter 351
26-10-9
 (Superseded 07/01/18)
, as enacted by Laws of Utah 2011, Chapter 147
26-10-9
 (Effective 07/01/18)
, as last amended by Laws of Utah 2017, Chapter 344
26-10-10
, as enacted by Laws of Utah 2013, Chapter 45
26-10-11
, as last amended by Laws of Utah 2015, Chapter 16
26-39-402
 (Effective 07/01/18)
, as last amended by Laws of Utah 2017, Chapter 344
26-41-106
, as last amended by Laws of Utah 2015, Chapter 332
30-1-9
, as last amended by Laws of Utah 2000, Chapter 1
32B-2-304
, as last amended by Laws of Utah 2017, Chapter 455
34A-2-104.5
, as enacted by Laws of Utah 2016, Chapter 390
35A-1-102
, as last amended by Laws of Utah 2016, Chapter 226
35A-3-304
, as last amended by Laws of Utah 2016, Chapter 105
35A-9-401
, as enacted by Laws of Utah 2016, Chapter 336
35A-13-403
, as renumbered and amended by Laws of Utah 2016, Chapter 271
36-22-2
, as last amended by Laws of Utah 2016, Chapter 63
41-1a-422
, as last amended by Laws of Utah 2017, Chapters 107, 194, and 383
41-6a-303
, as last amended by Laws of Utah 2010, Chapter 299
41-6a-1307
, as last amended by Laws of Utah 2015, Chapter 412
41-6a-1309
, as enacted by Laws of Utah 2011, Chapter 296
49-12-102
, as last amended by Laws of Utah 2017, Chapter 325
49-12-202
, as last amended by Laws of Utah 2014, Chapters 15, 201, and 363
49-12-701
, as last amended by Laws of Utah 2016, Chapters 144 and 310
49-13-102
, as last amended by Laws of Utah 2017, Chapter 325
49-13-202
, as last amended by Laws of Utah 2014, Chapters 15, 201, and 363
49-13-701
, as last amended by Laws of Utah 2016, Chapters 144 and 310
49-22-102
, as last amended by Laws of Utah 2017, Chapter 325
49-22-202
, as last amended by Laws of Utah 2014, Chapter 363
51-2a-201.5
, as last amended by Laws of Utah 2017, Chapter 11
51-7-13
, as last amended by Laws of Utah 2005, Chapter 178
52-4-103
, as last amended by Laws of Utah 2017, Chapters 196, 277, and 441
52-4-209
, as last amended by Laws of Utah 2014, Chapter 363
53-3-104
, as last amended by Laws of Utah 2014, Chapter 85
53-3-505.5
, as enacted by Laws of Utah 2003, Chapter 121
53-7-103
, as last amended by Laws of Utah 2011, Chapter 340
53-10-202
, as last amended by Laws of Utah 2017, Chapter 296
53-10-203
, as renumbered and amended by Laws of Utah 1998, Chapter 263
53B-1-109
, as last amended by Laws of Utah 2016, Chapter 200
53B-1-114
, as enacted by Laws of Utah 2017, Chapter 382
53B-2a-106
, as last amended by Laws of Utah 2017, Chapter 382
53B-10-101
, as last amended by Laws of Utah 2006, Chapter 88
53B-16-108
, as enacted by Laws of Utah 2015, Chapter 404
53B-16-404
, as last amended by Laws of Utah 2015, Chapter 389
53C-1-203
, as last amended by Laws of Utah 2014, Chapter 426
53D-1-102
, as last amended by Laws of Utah 2016, Chapter 144
53D-1-403
, as last amended by Laws of Utah 2017, Chapter 179
58-11a-302
, as last amended by Laws of Utah 2017, Chapter 342
58-41-4
, as last amended by Laws of Utah 2016, Chapter 144
58-61-307
, as last amended by Laws of Utah 2013, Chapter 16
59-2-102
, as last amended by Laws of Utah 2016, Chapters 98, 308, 367, and 368
59-2-918.6
, as last amended by Laws of Utah 2016, Chapter 98
59-2-919
, as last amended by Laws of Utah 2016, Chapters 341 and 367
59-2-924
, as last amended by Laws of Utah 2017, Chapter 390
59-2-926
, as last amended by Laws of Utah 2016, Chapter 367
59-2-1101
, as last amended by Laws of Utah 2015, Chapters 129 and 261
59-10-1018
, as last amended by Laws of Utah 2012, Chapter 295
59-10-1307
, as last amended by Laws of Utah 2016, Chapter 144
59-10-1318
, as last amended by Laws of Utah 2016, Chapter 172
59-12-102
, as last amended by Laws of Utah 2017, Chapters 181, 382, and 422
59-28-103
, as enacted by Laws of Utah 2017, Chapter 166
62A-2-108.1
, as last amended by Laws of Utah 2007, Chapter 81
62A-4a-202.6
, as last amended by Laws of Utah 2012, Chapter 293
62A-4a-409
, as last amended by Laws of Utah 2017, Chapter 459
62A-4a-606
, as last amended by Laws of Utah 2017, Chapter 148
62A-4a-1002
, as last amended by Laws of Utah 2017, Chapter 55
62A-5a-102
, as last amended by Laws of Utah 2016, Chapters 144 and 271
62A-5a-105
, as last amended by Laws of Utah 2016, Chapter 271
62A-15-1101
, as last amended by Laws of Utah 2017, Chapters 296 and 346
63A-3-106
, as last amended by Laws of Utah 2017, Chapter 196
63A-3-402
, as last amended by Laws of Utah 2015, Chapters 215, 226, and 283
63A-4-204
, as last amended by Laws of Utah 2016, Chapter 189
63A-4-204.5
, as last amended by Laws of Utah 2016, Chapter 189
63G-2-103
, as last amended by Laws of Utah 2017, Chapters 196 and 441
63G-2-301
, as last amended by Laws of Utah 2014, Chapter 373
63G-2-302
, as last amended by Laws of Utah 2017, Chapters 168 and 282
63G-7-102
, as last amended by Laws of Utah 2017, Chapter 300
63I-1-253
, as last amended by Laws of Utah 2017, Chapters 166 and 181
63I-2-253
, as last amended by Laws of Utah 2017, Chapters 217, 223, 350, 365, 381,
386, and 468
63I-4a-102
, as last amended by Laws of Utah 2017, Chapters 345 and 363
63J-1-206
, as last amended by Laws of Utah 2017, First Special Session, Chapter 1
63J-1-220
, as last amended by Laws of Utah 2017, Chapter 173
63J-1-602.3
, as last amended by Laws of Utah 2017, Chapters 396 and 423
63J-3-102
, as last amended by Laws of Utah 2013, Chapter 310
63J-3-401
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63J-7-102
, as last amended by Laws of Utah 2017, Chapters 181, 345, and 363
63N-3-110
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-12-202
, as last amended by Laws of Utah 2017, Chapters 219 and 353
63N-12-213
, as last amended by Laws of Utah 2017, Chapter 382
64-13-42
, as last amended by Laws of Utah 2012, Chapter 369
67-1a-11
, as enacted by Laws of Utah 2006, Chapter 142
67-8-3
, as last amended by Laws of Utah 2006, Chapter 139
67-16-3
, as last amended by Laws of Utah 2017, Chapter 196
67-16-4
, as last amended by Laws of Utah 2014, Chapter 196
67-19-15
, as last amended by Laws of Utah 2017, Chapter 463
75-5-201
, as last amended by Laws of Utah 1998, Chapter 124
76-5-415
, as enacted by Laws of Utah 2014, Chapter 135
76-10-105
, as last amended by Laws of Utah 2017, Chapter 330
77-37-4
, as last amended by Laws of Utah 2015, Chapter 311
78A-6-103
 (Effective 07/01/18)
, as last amended by Laws of Utah 2017, Chapter 330
78A-6-105
, as last amended by Laws of Utah 2017, Chapters 181, 330, and 401
78A-6-112
 (Superseded 07/01/18)
, as renumbered and amended by Laws of Utah
2008, Chapter 3
78A-6-112
 (Effective 07/01/18)
, as last amended by Laws of Utah 2017, Chapter 330
78A-6-319
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-602
, as last amended by Laws of Utah 2017, Chapter 330
78A-6-603
, as last amended by Laws of Utah 2017, Chapter 330
78A-6-1001
, as last amended by Laws of Utah 2010, Chapter 276
78A-6-1203
, as last amended by Laws of Utah 2017, Chapter 330
REPEALS:
53A-1-414
, as enacted by Laws of Utah 2016, Chapter 217
53A-1-901
, as last amended by Laws of Utah 2015, Chapter 415
53A-1-904
, as enacted by Laws of Utah 2005, First Special Session, Chapter 2
53A-1-1101
, as repealed and reenacted by Laws of Utah 2017, Chapter 378
53A-1-1201
, as enacted by Laws of Utah 2015, Chapter 449
53A-1-1301
, as enacted by Laws of Utah 2015, Chapter 443
53A-1-1401
, as enacted by Laws of Utah 2016, Chapter 221
53A-1-1501
, as enacted by Laws of Utah 2016, Chapter 318
53A-1a-101
, as enacted by Laws of Utah 1992, Chapter 47
53A-1a-501
, as enacted by Laws of Utah 1998, Chapter 231
53A-1a-701
, as enacted by Laws of Utah 2005, Chapter 35
53A-1b-101
, as enacted by Laws of Utah 2014, Chapter 304
53A-1b-201
, as enacted by Laws of Utah 2016, Chapter 336
53A-2-401
, as enacted by Laws of Utah 2006, Chapter 339
53A-4-301
, as enacted by Laws of Utah 2016, Chapter 331
53A-6-101
, as repealed and reenacted by Laws of Utah 1999, Chapter 108
53A-8a-101
, as enacted by Laws of Utah 2012, Chapter 425
53A-11-1201
, as enacted by Laws of Utah 2007, Chapter 114
53A-11-1501
, as last amended by Laws of Utah 2015, Chapter 442
53A-11-1601
, as enacted by Laws of Utah 2016, Chapter 165
53A-11a-101
, as enacted by Laws of Utah 2008, Chapter 197
53A-15-1001
, as enacted by Laws of Utah 2006, Chapter 227
53A-15-1201
, as enacted by Laws of Utah 2011, Chapter 419
53A-15-1501
, as enacted by Laws of Utah 2015, Chapter 389
53A-15-1701
, as enacted by Laws of Utah 2016, Chapter 200
53A-15-1801
, as enacted by Laws of Utah 2016, Chapter 347
53A-15-1901
, as enacted by Laws of Utah 2016, Chapter 320
53A-15-2001
, as enacted by Laws of Utah 2017, Chapter 72
53A-17a-101
, as last amended by Laws of Utah 1999, Chapter 21
53A-20b-101
, as last amended by Laws of Utah 2012, Chapter 201
53A-21-101
, as repealed and reenacted by Laws of Utah 1996, Chapter 326
53A-25a-101
, as enacted by Laws of Utah 1994, Chapter 280
53A-25b-101
, as enacted by Laws of Utah 2009, Chapter 294
53A-28-101
, as enacted by Laws of Utah 1996, Chapter 62
53A-30-101
, as enacted by Laws of Utah 2014, Chapter 433
53A-31-101
, as enacted by Laws of Utah 2015, Chapter 53
53A-31-401
, as enacted by Laws of Utah 2016, Chapter 63
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-9-104.6
 is amended to read:
9-9-104.6.
Participation of state agencies in meetings with tribal leaders --
Contact information.
(1) For at least three of the joint meetings described in Subsection 
9-9-104.5
(2)(a), the
division shall coordinate with representatives of tribal governments and the entities listed in
Subsection (2) to provide for the broadest participation possible in the joint meetings.
(2) The following may participate in all meetings described in Subsection (1):
(a) the chairs of the Native American Legislative Liaison Committee created in Section
36-22-1
;
(b) the governor or the governor's designee;
(c) (i) the American Indian-Alaskan Native Health Liaison appointed in accordance
with Section 
26-7-2.5
; or
(ii) if the American Indian-Alaskan Native Health Liaison is not appointed, a
representative of the Department of Health appointed by the executive director of the
Department of Health;
(d) the American Indian-Alaskan Native Public Education Liaison appointed in
accordance with Section 
[
53A-31-201
] 
53E-10-402
; and
(e) a representative appointed by the chief administrative officer of the following:
(i) the Department of Human Services;
(ii) the Department of Natural Resources;
(iii) the Department of Workforce Services;
(iv) the Governor's Office of Economic Development;
(v) the State Board of Education; and
(vi) the State Board of Regents.
(3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
(i) designate the name of a contact person for that agency that can assist in coordinating
the efforts of state and tribal governments in meeting the needs of the Native Americans
residing in the state; and
(ii) notify the division:
(A) who is the designated contact person described in Subsection (3)(a)(i); and
(B) of any change in who is the designated contact person described in Subsection
(3)(a)(i).
(b) This Subsection (3) applies to:
(i) the Department of Agriculture and Food;
(ii) the Department of Heritage and Arts;
(iii) the Department of Corrections;
(iv) the Department of Environmental Quality;
(v) the Department of Public Safety;
(vi) the Department of Transportation;
(vii) the Office of the Attorney General;
(viii) the State Tax Commission; and
(ix) any agency described in Subsections (2)(c) through (e).
(c) At the request of the division, a contact person listed in Subsection (3)(b) may
participate in a meeting described in Subsection (1).
(4) (a) A participant under this section who is not a legislator may not receive
compensation or benefits for the participant's service, but may receive per diem and travel
expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a participant who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Section 2. Section 
10-9a-103
 is amended to read:
10-9a-103.
Definitions.
As used in this chapter:
(1) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
public utility, property owner, property owners association, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the municipality a copy of the entity's general or long-range
plan; or
(c) the entity has filed with the municipality a request for notice during the same
calendar year and before the municipality provides notice to an affected entity in compliance
with a requirement imposed under this chapter.
(2) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(4) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that has its application approved by a charter school
authorizer in accordance with [
Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act
]
Title 53G, Chapter 5, Part 3, Charter School Authorization
; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(5) "Conditional use" means a land use that, because of its unique characteristics or
potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
compatible in some areas or may be compatible only if certain conditions are required that
mitigate or eliminate the detrimental impacts.
(6) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution Article I, Section 22.
(7) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(8) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(9) (a) "Disability" means a physical or mental impairment that substantially limits one
or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
802.
(10) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (10)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (10)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
(ii) a therapeutic school.
(11) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(12) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(13) "General plan" means a document that a municipality adopts that sets forth general
guidelines for proposed future development of the land within the municipality.
(14) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(15) "Historic preservation authority" means a person, board, commission, or other
body designated by a legislative body to:
(a) recommend land use regulations to preserve local historic districts or areas; and
(b) administer local historic preservation land use regulations within a local historic
district or area. 
(16) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
utility system.
(17) "Identical plans" means building plans submitted to a municipality that:
(a) are clearly marked as "identical plans";
(b) are substantially identical to building plans that were previously submitted to and
reviewed and approved by the municipality; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the municipality; and
(iv) does not require any additional engineering or analysis.
(18) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(19) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a municipality to guaranty the proper completion of landscaping or an infrastructure
improvement required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(20) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the municipality's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(21) "Improvement warranty period" means a period:
(a) no later than one year after a municipality's acceptance of required landscaping; or
(b) no later than one year after a municipality's acceptance of required infrastructure,
unless the municipality:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the municipality has not otherwise required the applicant to mitigate the suspect soil.
(22) "Infrastructure improvement" means permanent infrastructure that an applicant
must install:
(a) pursuant to published installation and inspection specifications for public
improvements; and
(b) as a condition of:
(i) recording a subdivision plat; or
(ii) development of a commercial, industrial, mixed use, condominium, or multifamily
project.
(23) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(24) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
(25) "Land use application":
(a) means an application that is:
(i) required by a municipality; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
(26) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(27) "Land use decision" means a final action of a land use authority or appeal
authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
(28) "Land use permit" means a permit issued by a land use authority.
(29) "Land use regulation":
(a) means an ordinance, law, code, map, resolution, specification, fee, or rule that
governs the use or development of land; and
(b) does not include:
(i) a general plan;
(ii) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(iii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
(30) "Legislative body" means the municipal council.
(31) "Local district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
(32) "Local historic district or area" means a geographically definable area that:
(a) contains any combination of buildings, structures, sites, objects, landscape features,
archeological sites, or works of art that contribute to the historic preservation goals of a
legislative body; and
(b) is subject to land use regulations to preserve the historic significance of the local
historic district or area. 
(33) "Lot line adjustment" means the relocation of the property boundary line in a
subdivision between two adjoining lots with the consent of the owners of record.
(34) "Moderate income housing" means housing occupied or reserved for occupancy
by households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the city is located.
(35) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
spent and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(36) "Noncomplying structure" means a structure that:
(a) legally existed before its current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations, which
govern the use of land.
(37) "Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use ordinance governing
the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
(38) "Official map" means a map drawn by municipal authorities and recorded in a
county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the municipality's general plan.
(39) "Parcel boundary adjustment" means a recorded agreement between owners of
adjoining properties adjusting their mutual boundary if:
(a) no additional parcel is created; and
(b) each property identified in the agreement is unsubdivided land, including a
remainder of subdivided land.
(40) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(41) "Plan for moderate income housing" means a written document adopted by a city
legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
city;
(b) an estimate of the need for moderate income housing in the city for the next five
years as revised biennially;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the city's program to encourage an adequate supply of moderate
income housing.
(42) "Plat" means a map or other graphical representation of lands being laid out and
prepared in accordance with Section 
10-9a-603
, 
17-23-17
, or 
57-8-13
.
(43) "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
(44) "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
(45) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(46) "Public meeting" means a meeting that is required to be open to the public under
Title 52, Chapter 4, Open and Public Meetings Act.
(47) "Receiving zone" means an area of a municipality that the municipality
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
(48) "Record of survey map" means a map of a survey of land prepared in accordance
with Section 
17-23-17
.
(49) "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
(50) "Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(51) "Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(52) "Sending zone" means an area of a municipality that the municipality designates,
by ordinance, as an area from which an owner of land may transfer a transferable development
right.
(53) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(54) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(55) "State" includes any department, division, or agency of the state.
(56) "Street" means a public right-of-way, including a highway, avenue, boulevard,
parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
way.
(57) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
divided into two or more lots, parcels, sites, units, plots, or other division of land for the
purpose, whether immediate or future, for offer, sale, lease, or development either on the
installment plan or upon any and all other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land whether by deed, metes and bounds description,
devise and testacy, map, plat, or other recorded instrument; and
(ii) except as provided in Subsection (57)(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for the purpose of joining one of
the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
neither the resulting combined parcel nor the parcel remaining from the division or partition
violates an applicable land use ordinance;
(ii) a recorded agreement between owners of adjoining unsubdivided properties
adjusting their mutual boundary if:
(A) no new lot is created; and
(B) the adjustment does not violate applicable land use ordinances;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal description of more than one contiguous unsubdivided parcel of
property into one legal description encompassing all such parcels of property; or
(B) joining a subdivided parcel of property to another parcel of property that has not
been subdivided, if the joinder does not violate applicable land use ordinances;
(iv) a recorded agreement between owners of adjoining subdivided properties adjusting
their mutual boundary if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(v) a bona fide division or partition of land by deed or other instrument where the land
use authority expressly approves in writing the division in anticipation of further land use
approvals on the parcel or parcels; or
(vi) a parcel boundary adjustment.
(d) The joining of a subdivided parcel of property to another parcel of property that has
not been subdivided does not constitute a subdivision under this Subsection (57) as to the
unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
subdivision ordinance.
(58) "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(59) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(60) "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(61) "Unincorporated" means the area outside of the incorporated area of a city or
town.
(62) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
(63) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
Section 3. Section 
10-9a-305
 is amended to read:
10-9a-305.
Other entities required to conform to municipality's land use
ordinances -- Exceptions -- School districts and charter schools -- Submission of
development plan and schedule.
(1) (a) Each county, municipality, school district, charter school, local district, special
service district, and political subdivision of the state shall conform to any applicable land use
ordinance of any municipality when installing, constructing, operating, or otherwise using any
area, land, or building situated within that municipality.
(b) In addition to any other remedies provided by law, when a municipality's land use
ordinance is violated or about to be violated by another political subdivision, that municipality
may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
prevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) (a) Except as provided in Subsection (3), a school district or charter school is
subject to a municipality's land use ordinances.
(b) (i) Notwithstanding Subsection (3), a municipality may:
(A) subject a charter school to standards within each zone pertaining to setback, height,
bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
staging; and
(B) impose regulations upon the location of a project that are necessary to avoid
unreasonable risks to health or safety, as provided in Subsection (3)(f).
(ii) The standards to which a municipality may subject a charter school under
Subsection (2)(b)(i) shall be objective standards only and may not be subjective.
(iii) Except as provided in Subsection (7)(d), the only basis upon which a municipality
may deny or withhold approval of a charter school's land use application is the charter school's
failure to comply with a standard imposed under Subsection (2)(b)(i).
(iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
obligation to comply with a requirement of an applicable building or safety code to which it is
otherwise obligated to comply.
(3) A municipality may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations,
construction methods or materials, additional building inspections, municipal building codes,
building use for educational purposes, or the placement or use of temporary classroom facilities
on school property;
(b) except as otherwise provided in this section, require a school district or charter
school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
children and not located on or contiguous to school property, unless the roadway or sidewalk is
required to connect an otherwise isolated school site to an existing roadway;
(c) require a district or charter school to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges for
inspection, unless the school district or charter school is unable to provide for inspection by an
inspector, other than the project architect or contractor, who is qualified under criteria
established by the state superintendent;
(e) require a school district or charter school to pay any impact fee for an improvement
project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
(f) impose regulations upon the location of an educational facility except as necessary
to avoid unreasonable risks to health or safety; or
(g) for a land use or a structure owned or operated by a school district or charter school
that is not an educational facility but is used in support of providing instruction to pupils,
impose a regulation that:
(i) is not imposed on a similar land use or structure in the zone in which the land use or
structure is approved; or
(ii) uses the tax exempt status of the school district or charter school as criteria for
prohibiting or regulating the land use or location of the structure.
(4) Subject to Section [
53A-20-108
] 
53E-3-710
, a school district or charter school shall
coordinate the siting of a new school with the municipality in which the school is to be located,
to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of
the impacts between the new school and future highways; and
(b) maximize school, student, and site safety.
(5) Notwithstanding Subsection (3)(d), a municipality may, at its discretion:
(a) provide a walk-through of school construction at no cost and at a time convenient to
the district or charter school; and
(b) provide recommendations based upon the walk-through.
(6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
(i) a municipal building inspector;
(ii) (A) for a school district, a school district building inspector from that school
district; or
(B) for a charter school, a school district building inspector from the school district in
which the charter school is located; or
(iii) an independent, certified building inspector who is:
(A) not an employee of the contractor;
(B) approved by:
(I) a municipal building inspector; or
(II) (Aa) for a school district, a school district building inspector from that school
district; or
(Bb) for a charter school, a school district building inspector from the school district in
which the charter school is located; and
(C) licensed to perform the inspection that the inspector is requested to perform.
(b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
(c) If a school district or charter school uses a school district or independent building
inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
the state superintendent of public instruction and municipal building official, on a monthly
basis during construction of the school building, a copy of each inspection certificate regarding
the school building.
(7) (a) A charter school shall be considered a permitted use in all zoning districts
within a municipality.
(b) Each land use application for any approval required for a charter school, including
an application for a building permit, shall be processed on a first priority basis.
(c) Parking requirements for a charter school may not exceed the minimum parking
requirements for schools or other institutional public uses throughout the municipality.
(d) If a municipality has designated zones for a sexually oriented business, or a
business which sells alcohol, a charter school may be prohibited from a location which would
otherwise defeat the purpose for the zone unless the charter school provides a waiver.
(e) (i) A school district or a charter school may seek a certificate authorizing permanent
occupancy of a school building from:
(A) the state superintendent of public instruction, as provided in Subsection
[
53A-20-104
] 
53E-3-706
(3), if the school district or charter school used an independent
building inspector for inspection of the school building; or
(B) a municipal official with authority to issue the certificate, if the school district or
charter school used a municipal building inspector for inspection of the school building.
(ii) A school district may issue its own certificate authorizing permanent occupancy of
a school building if it used its own building inspector for inspection of the school building,
subject to the notification requirement of Subsection [
53A-20-104
] 
53E-3-706
(3)(a)(ii).
(iii) A charter school may seek a certificate authorizing permanent occupancy of a
school building from a school district official with authority to issue the certificate, if the
charter school used a school district building inspector for inspection of the school building.
(iv) A certificate authorizing permanent occupancy issued by the state superintendent
of public instruction under Subsection [
53A-20-104
] 
53E-3-706
(3) or a school district official
with authority to issue the certificate shall be considered to satisfy any municipal requirement
for an inspection or a certificate of occupancy.
(8) (a) A specified public agency intending to develop its land shall submit to the land
use authority a development plan and schedule:
(i) as early as practicable in the development process, but no later than the
commencement of construction; and
(ii) with sufficient detail to enable the land use authority to assess:
(A) the specified public agency's compliance with applicable land use ordinances;
(B) the demand for public facilities listed in Subsections 
11-36a-102
(16)(a), (b), (c),
(d), (e), and (g) caused by the development;
(C) the amount of any applicable fee described in Section 
10-9a-510
;
(D) any credit against an impact fee; and
(E) the potential for waiving an impact fee.
(b) The land use authority shall respond to a specified public agency's submission
under Subsection (8)(a) with reasonable promptness in order to allow the specified public
agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
process of preparing the budget for the development.
(9) Nothing in this section may be construed to:
(a) modify or supersede Section 
10-9a-304
; or
(b) authorize a municipality to enforce an ordinance in a way, or enact an ordinance,
that fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
1990, 42 U.S.C. 12102, or any other provision of federal law.
Section 4. Section 
11-13-302
 is amended to read:
11-13-302.
Payment of fee in lieu of ad valorem property tax by certain energy
suppliers -- Method of calculating -- Collection -- Extent of tax lien.
(1) (a) Each project entity created under this chapter that owns a project and that sells
any capacity, service, or other benefit from it to an energy supplier or suppliers whose tangible
property is not exempted by Utah Constitution Article XIII, Section 3, from the payment of ad
valorem property tax, shall pay an annual fee in lieu of ad valorem property tax as provided in
this section to each taxing jurisdiction within which the project or any part of it is located.
(b) For purposes of this section, "annual fee" means the annual fee described in
Subsection (1)(a) that is in lieu of ad valorem property tax.
(c) The requirement to pay an annual fee shall commence:
(i) with respect to each taxing jurisdiction that is a candidate receiving the benefit of
impact alleviation payments under contracts or determination orders provided for in Sections
11-13-305
 and 
11-13-306
, with the fiscal year of the candidate following the fiscal year of the
candidate in which the date of commercial operation of the last generating unit, other than any
generating unit providing additional project capacity, of the project occurs, or, in the case of
any facilities providing additional project capacity, with the fiscal year of the candidate
following the fiscal year of the candidate in which the date of commercial operation of the
generating unit providing the additional project capacity occurs; and
(ii) with respect to any taxing jurisdiction other than a taxing jurisdiction described in
Subsection (1)(c)(i), with the fiscal year of the taxing jurisdiction in which construction of the
project commences, or, in the case of facilities providing additional project capacity, with the
fiscal year of the taxing jurisdiction in which construction of those facilities commences.
(d) The requirement to pay an annual fee shall continue for the period of the useful life
of the project or facilities.
(2) (a) The annual fees due a school district shall be as provided in Subsection (2)(b)
because the ad valorem property tax imposed by a school district and authorized by the
Legislature represents both:
(i) a levy mandated by the state for the state minimum school program under Section
[
53A-17a-135
] 
53F-2-301
; and
(ii) local levies for capital outlay and other purposes under Sections [
53A-16-113
]
53F-8-303
, [
53A-17a-133
] 
53F-8-301
, and [
53A-17a-164
] 
53F-8-302
.
(b) The annual fees due a school district shall be as follows:
(i) the project entity shall pay to the school district an annual fee for the state minimum
school program at the rate imposed by the school district and authorized by the Legislature
under Section [
53A-17a-135
] 
53F-2-301
; and
(ii) for all other local property tax levies authorized to be imposed by a school district,
the project entity shall pay to the school district either:
(A) an annual fee; or
(B) impact alleviation payments under contracts or determination orders provided for
in Sections 
11-13-305
 and 
11-13-306
.
(3) (a) An annual fee due a taxing jurisdiction for a particular year shall be calculated
by multiplying the tax rate or rates of the jurisdiction for that year by the product obtained by
multiplying the fee base or value determined in accordance with Subsection (4) for that year of
the portion of the project located within the jurisdiction by the percentage of the project which
is used to produce the capacity, service, or other benefit sold to the energy supplier or suppliers.
(b) As used in this section, "tax rate," when applied in respect to a school district,
includes any assessment to be made by the school district under Subsection (2) or Section
63M-5-302
.
(c) There is to be credited against the annual fee due a taxing jurisdiction for each year,
an amount equal to the debt service, if any, payable in that year by the project entity on bonds,
the proceeds of which were used to provide public facilities and services for impact alleviation
in the taxing jurisdiction in accordance with Sections 
11-13-305
 and 
11-13-306
.
(d) The tax rate for the taxing jurisdiction for that year shall be computed so as to:
(i) take into account the fee base or value of the percentage of the project located
within the taxing jurisdiction determined in accordance with Subsection (4) used to produce the
capacity, service, or other benefit sold to the supplier or suppliers; and
(ii) reflect any credit to be given in that year.
(4) (a) Except as otherwise provided in this section, the annual fees required by this
section shall be paid, collected, and distributed to the taxing jurisdiction as if:
(i) the annual fees were ad valorem property taxes; and
(ii) the project were assessed at the same rate and upon the same measure of value as
taxable property in the state.
(b) (i) Notwithstanding Subsection (4)(a), for purposes of an annual fee required by
this section, the fee base of a project may be determined in accordance with an agreement
among:
(A) the project entity; and
(B) any county that:
(I) is due an annual fee from the project entity; and
(II) agrees to have the fee base of the project determined in accordance with the
agreement described in this Subsection (4).
(ii) The agreement described in Subsection (4)(b)(i):
(A) shall specify each year for which the fee base determined by the agreement shall be
used for purposes of an annual fee; and
(B) may not modify any provision of this chapter except the method by which the fee
base of a project is determined for purposes of an annual fee.
(iii) For purposes of an annual fee imposed by a taxing jurisdiction within a county
described in Subsection (4)(b)(i)(B), the fee base determined by the agreement described in
Subsection (4)(b)(i) shall be used for purposes of an annual fee imposed by that taxing
jurisdiction.
(iv) (A) If there is not agreement as to the fee base of a portion of a project for any
year, for purposes of an annual fee, the State Tax Commission shall determine the value of that
portion of the project for which there is not an agreement:
(I) for that year; and
(II) using the same measure of value as is used for taxable property in the state.
(B) The valuation required by Subsection (4)(b)(iv)(A) shall be made by the State Tax
Commission in accordance with rules made by the State Tax Commission.
(c) Payments of the annual fees shall be made from:
(i) the proceeds of bonds issued for the project; and
(ii) revenues derived by the project entity from the project.
(d) (i) The contracts of the project entity with the purchasers of the capacity, service, or
other benefits of the project whose tangible property is not exempted by Utah Constitution
Article XIII, Section 3, from the payment of ad valorem property tax shall require each
purchaser, whether or not located in the state, to pay, to the extent not otherwise provided for,
its share, determined in accordance with the terms of the contract, of these fees.
(ii) It is the responsibility of the project entity to enforce the obligations of the
purchasers.
(5) (a) The responsibility of the project entity to make payment of the annual fees is
limited to the extent that there is legally available to the project entity, from bond proceeds or
revenues, money to make these payments, and the obligation to make payments of the annual
fees is not otherwise a general obligation or liability of the project entity.
(b) No tax lien may attach upon any property or money of the project entity by virtue of
any failure to pay all or any part of an annual fee.
(c) The project entity or any purchaser may contest the validity of an annual fee to the
same extent as if the payment was a payment of the ad valorem property tax itself.
(d) The payments of an annual fee shall be reduced to the extent that any contest is
successful.
(6) (a) The annual fee described in Subsection (1):
(i) shall be paid by a public agency that:
(A) is not a project entity; and
(B) owns an interest in a facility providing additional project capacity if the interest is
otherwise exempt from taxation pursuant to Utah Constitution, Article XIII, Section 3; and
(ii) for a public agency described in Subsection (6)(a)(i), shall be calculated in
accordance with Subsection (6)(b).
(b) The annual fee required under Subsection (6)(a) shall be an amount equal to the tax
rate or rates of the applicable taxing jurisdiction multiplied by the product of the following:
(i) the fee base or value of the facility providing additional project capacity located
within the jurisdiction;
(ii) the percentage of the ownership interest of the public agency in the facility; and
(iii) the portion, expressed as a percentage, of the public agency's ownership interest
that is attributable to the capacity, service, or other benefit from the facility that is sold by the
public agency to an energy supplier or suppliers whose tangible property is not exempted by
Utah Constitution, Article XIII, Section 3, from the payment of ad valorem property tax.
(c) A public agency paying the annual fee pursuant to Subsection (6)(a) shall have the
obligations, credits, rights, and protections set forth in Subsections (1) through (5) with respect
to its ownership interest as though it were a project entity.
Section 5. Section 
11-13-310
 is amended to read:
11-13-310.
Termination of impact alleviation contract.
If the project or any part of it or the facilities providing additional project capacity or
any part of them, or the output from the project or facilities providing additional project
capacity become subject, in addition to the requirements of Section 
11-13-302
, to ad valorem
property taxation or other payments in lieu of ad valorem property taxation, or other form of
tax equivalent payments to any candidate which is a party to an impact alleviation contract with
respect to the project or facilities providing additional project capacity or is receiving impact
alleviation payments or means with respect to the project or facilities providing additional
project capacity pursuant to a determination by the board, then the impact alleviation contract
or the requirement to make impact alleviation payments or provide means therefor pursuant to
the determination, as the case may be, shall, at the election of the candidate, terminate. In any
event, each impact alleviation contract or determination order shall terminate upon the project,
or, in the case of facilities providing additional project capacity, those facilities becoming
subject to the provisions of Section 
11-13-302
, except that no impact alleviation contract or
agreement entered by a school district shall terminate because of in lieu ad valorem property
tax fees levied under Subsection 
11-13-302
(2)(b)(i) or because of ad valorem property taxes
levied under Section [
53A-17a-135
] 
53F-2-301
 for the state minimum school program. In
addition, if the construction of the project, or, in the case of facilities providing additional
project capacity, of those facilities, is permanently terminated for any reason, each impact
alleviation contract and determination order, and the payments and means required thereunder,
shall terminate. No termination of an impact alleviation contract or determination order may
terminate or reduce any liability previously incurred pursuant to the contract or determination
order by the candidate beneficiary under it. If the provisions of Section 
11-13-302
, or its
successor, are held invalid by a court of competent jurisdiction, and no ad valorem taxes or
other form of tax equivalent payments are payable, the remaining provisions of this chapter
shall continue in operation without regard to the commencement of commercial operation of
the last generating unit of that project or of facilities providing additional project capacity.
Section 6. Section 
11-14-202
 is amended to read:
11-14-202.
Notice of election -- Contents -- Publication -- Mailing.
(1) The governing body shall ensure that notice of the election is provided:
(a) once per week during three consecutive weeks by publication in a newspaper
having general circulation in the local political subdivision in accordance with Section
11-14-316
, the first publication occurring not less than 21 nor more than 35 days before the
election;
(b) on a website, if available, in accordance with Section 
45-1-101
 for the three weeks
that immediately precede the election; and
(c) in a local political subdivision where there is no newspaper of general circulation,
by posting notice of the bond election in at least five public places in the local political
subdivision at least 21 days before the election.
(2) When the debt service on the bonds to be issued will increase the property tax
imposed upon the average value of a residence by an amount that is greater than or equal to $15
per year, the governing body shall prepare and mail either a voter information pamphlet or a
notification described in Subsection (8):
(a) at least 15 days but not more than 45 days before the bond election;
(b) to each household containing a registered voter who is eligible to vote on the
bonds; and
(c) that includes the information required by Subsections (4) and (5).
(3) The election officer may change the location of, or establish an additional:
(a) voting precinct polling place, in accordance with Subsection (6);
(b) early voting polling place, in accordance with Subsection 
20A-3-603
(2); or
(c) election day voting center, in accordance with Subsection 
20A-3-703
(2).
(4) The notice described in Subsection (1) and the voter information pamphlet
described in Subsection (2):
(a) shall include, in the following order:
(i) the date of the election;
(ii) the hours during which the polls will be open;
(iii) the address of the Statewide Electronic Voter Information Website and, if
available, the address of the election officer's website, with a statement indicating that the
election officer will post on the website the location of each polling place for each voting
precinct, each early voting polling place, and each election day voting center, including any
changes to the location of a polling place and the location of an additional polling place;
(iv) a phone number that a voter may call to obtain information regarding the location
of a polling place; and
(v) the title and text of the ballot proposition, including the property tax cost of the
bond described in Subsection 
11-14-206
(2)(a); and
(b) may include the location of each polling place.
(5) The voter information pamphlet required by this section shall include:
(a) the information required under Subsection (4); and
(b) an explanation of the property tax impact, if any, of the issuance of the bonds,
which may be based on information the governing body determines to be useful, including:
(i) expected debt service on the bonds to be issued;
(ii) a description of the purpose, remaining principal balance, and maturity date of any
outstanding general obligation bonds of the issuer;
(iii) funds other than property taxes available to pay debt service on general obligation
bonds;
(iv) timing of expenditures of bond proceeds;
(v) property values; and
(vi) any additional information that the governing body determines may be useful to
explain the property tax impact of issuance of the bonds.
(6) (a) Except as provided in Section 
20A-1-308
, the election officer may, after the
deadlines described in Subsections (1) and (2):
(i) if necessary, change the location of a voting precinct polling place; or
(ii) if the election officer determines that the number of voting precinct polling places
is insufficient due to the number of registered voters who are voting, designate additional
voting precinct polling places.
(b) Except as provided in Section 
20A-1-308
, if an election officer changes the
location of a voting precinct polling place or designates an additional voting precinct polling
place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
times, and location of a changed voting precinct polling place or an additional voting precinct
polling place:
(i) to the lieutenant governor, for posting on the Statewide Electronic Voter
Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) of a change in the location of a voting precinct polling place, at the new location
and, if possible, the old location; and
(B) of an additional voting precinct polling place, at the additional voting precinct
polling place.
(7) The governing body shall pay the costs associated with the notice required by this
section.
(8) (a) The governing body may mail a notice printed on a postage prepaid,
preaddressed return form that a person may use to request delivery of a voter information
pamphlet by mail.
(b) The notice described in Subsection (8)(a) shall include:
(i) the website upon which the voter information pamphlet is available; and
(ii) the phone number a voter may call to request delivery of a voter information
pamphlet by mail.
(9) A local school board shall comply with the voter information pamphlet
requirements described in Section [
53A-18-102
] 
53G-4-603
.
Section 7. Section 
11-17-20
 is amended to read:
11-17-20.
Power of the Utah Charter School Finance Authority.
(1) The Utah Charter School Finance Authority may exercise the powers granted to
municipalities and counties by this chapter, subject to the same limitations as that imposed on a
municipality or county under the chapter, except as provided by [
Title 53A, Chapter 20b, Part
1, Utah Charter School Finance Authority
] 
Title 53G, Chapter 5, Part 6, Charter School Credit
Enhancement Program
.
(2) As used in this chapter, "governing body" when applied to the Utah Charter School
Finance Authority means the authority's governing board as described in Section
[
53A-20b-103
] 
53G-5-602
.
(3) Notwithstanding Section 
11-17-15
, a charter school that receives financing under
this chapter is subject to Title 63G, Chapter 6a, Utah Procurement Code.
Section 8. Section 
11-36a-102
 is amended to read:
11-36a-102.
Definitions.
As used in this chapter:
(1) (a) "Affected entity" means each county, municipality, local district under Title
17B, Limited Purpose Local Government Entities - Local Districts, special service district
under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation
entity established under Chapter 13, Interlocal Cooperation Act, and specified public utility:
(i) whose services or facilities are likely to require expansion or significant
modification because of the facilities proposed in the proposed impact fee facilities plan; or
(ii) that has filed with the local political subdivision or private entity a copy of the
general or long-range plan of the county, municipality, local district, special service district,
school district, interlocal cooperation entity, or specified public utility.
(b) "Affected entity" does not include the local political subdivision or private entity
that is required under Section 
11-36a-501
 to provide notice.
(2) "Charter school" includes:
(a) an operating charter school;
(b) an applicant for a charter school whose application has been approved by a charter
school authorizer as provided in [
Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act
]
Title 53G, Chapter 5, Part 6, Charter School Credit Enhancement Program
; and
(c) an entity that is working on behalf of a charter school or approved charter applicant
to develop or construct a charter school building.
(3) "Development activity" means any construction or expansion of a building,
structure, or use, any change in use of a building or structure, or any changes in the use of land
that creates additional demand and need for public facilities.
(4) "Development approval" means:
(a) except as provided in Subsection (4)(b), any written authorization from a local
political subdivision that authorizes the commencement of development activity;
(b) development activity, for a public entity that may develop without written
authorization from a local political subdivision;
(c) a written authorization from a public water supplier, as defined in Section 
73-1-4
,
or a private water company:
(i) to reserve or provide:
(A) a water right;
(B) a system capacity; or
(C) a distribution facility; or
(ii) to deliver for a development activity:
(A) culinary water; or
(B) irrigation water; or
(d) a written authorization from a sanitary sewer authority, as defined in Section
10-9a-103
:
(i) to reserve or provide:
(A) sewer collection capacity; or
(B) treatment capacity; or
(ii) to provide sewer service for a development activity.
(5) "Enactment" means:
(a) a municipal ordinance, for a municipality;
(b) a county ordinance, for a county; and
(c) a governing board resolution, for a local district, special service district, or private
entity.
(6) "Encumber" means:
(a) a pledge to retire a debt; or
(b) an allocation to a current purchase order or contract.
(7) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility
system of a municipality, county, local district, special service district, or private entity.
(8) (a) "Impact fee" means a payment of money imposed upon new development
activity as a condition of development approval to mitigate the impact of the new development
on public infrastructure.
(b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
hookup fee, a fee for project improvements, or other reasonable permit or application fee.
(9) "Impact fee analysis" means the written analysis of each impact fee required by
Section 
11-36a-303
.
(10) "Impact fee facilities plan" means the plan required by Section 
11-36a-301
.
(11) "Level of service" means the defined performance standard or unit of demand for
each capital component of a public facility within a service area.
(12) (a) "Local political subdivision" means a county, a municipality, a local district
under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a special
service district under Title 17D, Chapter 1, Special Service District Act.
(b) "Local political subdivision" does not mean a school district, whose impact fee
activity is governed by Section [
53A-20-100.5
] 
11-36a-206
.
(13) "Private entity" means an entity in private ownership with at least 100 individual
shareholders, customers, or connections, that is located in a first, second, third, or fourth class
county and provides water to an applicant for development approval who is required to obtain
water from the private entity either as a:
(a) specific condition of development approval by a local political subdivision acting
pursuant to a prior agreement, whether written or unwritten, with the private entity; or
(b) functional condition of development approval because the private entity:
(i) has no reasonably equivalent competition in the immediate market; and
(ii) is the only realistic source of water for the applicant's development.
(14) (a) "Project improvements" means site improvements and facilities that are:
(i) planned and designed to provide service for development resulting from a
development activity;
(ii) necessary for the use and convenience of the occupants or users of development
resulting from a development activity; and
(iii) not identified or reimbursed as a system improvement.
(b) "Project improvements" does not mean system improvements.
(15) "Proportionate share" means the cost of public facility improvements that are
roughly proportionate and reasonably related to the service demands and needs of any
development activity.
(16) "Public facilities" means only the following impact fee facilities that have a life
expectancy of 10 or more years and are owned or operated by or on behalf of a local political
subdivision or private entity:
(a) water rights and water supply, treatment, storage, and distribution facilities;
(b) wastewater collection and treatment facilities;
(c) storm water, drainage, and flood control facilities;
(d) municipal power facilities;
(e) roadway facilities;
(f) parks, recreation facilities, open space, and trails;
(g) public safety facilities; or
(h) environmental mitigation as provided in Section 
11-36a-205
.
(17) (a) "Public safety facility" means:
(i) a building constructed or leased to house police, fire, or other public safety entities;
or
(ii) a fire suppression vehicle costing in excess of $500,000.
(b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
incarceration.
(18) (a) "Roadway facilities" means a street or road that has been designated on an
officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
together with all necessary appurtenances.
(b) "Roadway facilities" includes associated improvements to a federal or state
roadway only when the associated improvements:
(i) are necessitated by the new development; and
(ii) are not funded by the state or federal government.
(c) "Roadway facilities" does not mean federal or state roadways.
(19) (a) "Service area" means a geographic area designated by an entity that imposes an
impact fee on the basis of sound planning or engineering principles in which a public facility,
or a defined set of public facilities, provides service within the area.
(b) "Service area" may include the entire local political subdivision or an entire area
served by a private entity.
(20) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(21) (a) "System improvements" means:
(i) existing public facilities that are:
(A) identified in the impact fee analysis under Section 
11-36a-304
; and
(B) designed to provide services to service areas within the community at large; and
(ii) future public facilities identified in the impact fee analysis under Section
11-36a-304
 that are intended to provide services to service areas within the community at large.
(b) "System improvements" does not mean project improvements.
Section 9. Section 
11-36a-202
 is amended to read:
11-36a-202.
Prohibitions on impact fees.
(1) A local political subdivision or private entity may not:
(a) impose an impact fee to:
(i) cure deficiencies in a public facility serving existing development;
(ii) raise the established level of service of a public facility serving existing
development;
(iii) recoup more than the local political subdivision's or private entity's costs actually
incurred for excess capacity in an existing system improvement; or
(iv) include an expense for overhead, unless the expense is calculated pursuant to a
methodology that is consistent with:
(A) generally accepted cost accounting practices; and
(B) the methodological standards set forth by the federal Office of Management and
Budget for federal grant reimbursement;
(b) delay the construction of a school or charter school because of a dispute with the
school or charter school over impact fees; or
(c) impose or charge any other fees as a condition of development approval unless
those fees are a reasonable charge for the service provided.
(2) (a) Notwithstanding any other provision of this chapter, a political subdivision or
private entity may not impose an impact fee:
(i) on residential components of development to pay for a public safety facility that is a
fire suppression vehicle;
(ii) on a school district or charter school for a park, recreation facility, open space, or
trail;
(iii) on a school district or charter school unless:
(A) the development resulting from the school district's or charter school's
development activity directly results in a need for additional system improvements for which
the impact fee is imposed; and
(B) the impact fee is calculated to cover only the school district's or charter school's
proportionate share of the cost of those additional system improvements;
(iv) to the extent that the impact fee includes a component for a law enforcement
facility, on development activity for:
(A) the Utah National Guard;
(B) the Utah Highway Patrol; or
(C) a state institution of higher education that has its own police force; or
(v) on development activity on the state fair park, as defined in Section 
63H-6-102
.
(b) (i) Notwithstanding any other provision of this chapter, a political subdivision or
private entity may not impose an impact fee on development activity that consists of the
construction of a school, whether by a school district or a charter school, if:
(A) the school is intended to replace another school, whether on the same or a different
parcel;
(B) the new school creates no greater demand or need for public facilities than the
school or school facilities, including any portable or modular classrooms that are on the site of
the replaced school at the time that the new school is proposed; and
(C) the new school and the school being replaced are both within the boundary of the
local political subdivision or the jurisdiction of the private entity.
(ii) If the imposition of an impact fee on a new school is not prohibited under
Subsection (2)(b)(i) because the new school creates a greater demand or need for public
facilities than the school being replaced, the impact fee shall be based only on the demand or
need that the new school creates for public facilities that exceeds the demand or need that the
school being replaced creates for those public facilities.
(c) Notwithstanding any other provision of this chapter, a political subdivision or
private entity may impose an impact fee for a road facility on the state only if and to the extent
that:
(i) the state's development causes an impact on the road facility; and
(ii) the portion of the road facility related to an impact fee is not funded by the state or
by the federal government.
(3) Notwithstanding any other provision of this chapter, a local political subdivision
may impose and collect impact fees on behalf of a school district if authorized by Section
[
53A-20-100.5
] 
11-36a-206
.
Section 10. Section 
11-44-201
 is amended to read:
11-44-201.
Political subdivision responsibilities -- State responsibilities.
(1) A political subdivision may:
(a) enter into a performance efficiency agreement;
(b) develop and administer a performance efficiency program;
(c) analyze energy consumption by the political subdivision;
(d) designate a staff member who is responsible for a performance efficiency program;
and
(e) provide the governing body of the political subdivision with information regarding
the performance efficiency program.
(2) The following entities may provide information, technical resources, and other
assistance to a political subdivision acting under this chapter:
(a) the Utah Geological Survey, created in Section 
79-3-201
;
(b) the State Board of Education[
, under Title 53A, Chapter 1, Administration of
Public Education at the State Level
];
(c) the Division of Purchasing and General Services, created in Section 
63A-2-101
;
and
(d) the Division of Facilities Construction and Management, created in Section
63A-5-201
.
Section 11. Section 
11-49-102
 is amended to read:
11-49-102.
Definitions.
(1) "Commission" means the Political Subdivisions Ethics Review Commission
established in Section 
11-49-201
.
(2) "Complainant" means a person who files a complaint in accordance with Section
11-49-501
.
(3) "Ethics violation" means a violation of:
(a) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
(b) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
(c) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(4) "Local political subdivision ethics commission" means an ethics commission
established by a political subdivision within the political subdivision or with another political
subdivision by interlocal agreement in accordance with Section 
11-49-103
.
(5) "Political subdivision" means a county, municipality, school district, community
reinvestment agency, local district, special service district, an entity created by an interlocal
agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, a local building
authority, or any other governmental subdivision or public corporation.
(6) (a) "Political subdivision employee" means a person who is:
(i) (A) in a municipality, employed as a city manager or non-elected chief executive on
a full or part-time basis; or
(B) employed as the non-elected chief executive by a political subdivision other than a
municipality on a full or part-time basis; and
(ii) subject to:
(A) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
(B) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
(C) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(b) "Political subdivision employee" does not include:
(i) a person who is a political subdivision officer;
(ii) an employee of a state entity; or
(iii) a legislative employee as defined in Section 
67-16-3
.
(7) "Political subdivision governing body" means:
(a) for a county, the county legislative body as defined in Section 
68-3-12.5
;
(b) for a municipality, the council of the city or town;
(c) for a school district, the local board of education described in Section [
53A-3-101
]
53G-4-201
;
(d) for a community reinvestment agency, the agency board described in Section
17C-1-203
;
(e) for a local district, the board of trustees described in Section 
17B-1-301
;
(f) for a special service district:
(i) the legislative body of the county, city, or town that established the special service
district, if no administrative control board has been appointed under Section 
17D-1-301
; or
(ii) the administrative control board of the special service district, if an administrative
control board has been appointed under Section 
17D-1-301
;
(g) for an entity created by an interlocal agreement, the governing body of an interlocal
entity, as defined in Section 
11-13-103
;
(h) for a local building authority, the governing body, as defined in Section 
17D-2-102
,
that creates the local building authority; or
(i) for any other governmental subdivision or public corporation, the board or other
body authorized to make executive and management decisions for the subdivision or public
corporation.
(8) (a) "Political subdivision officer" means a person elected in a political subdivision
who is subject to:
(i) Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act;
(ii) Title 17, Chapter 16a, County Officers and Employees Disclosure Act; or
(iii) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(b) "Political subdivision officer" does not include:
(i) a person elected or appointed to a state entity;
(ii) the governor;
(iii) the lieutenant governor;
(iv) a member or member-elect of either house of the Legislature; or
(v) a member of Utah's congressional delegation.
(9) "Respondent" means a person who files a response in accordance with Section
11-49-604
.
Section 12. Section 
13-22-8
 is amended to read:
13-22-8.
Exemptions.
(1) Section 
13-22-5
 does not apply to:
(a) a bona fide religious, ecclesiastical, or denominational organization if:
(i) the solicitation is made for a church, missionary, religious, or humanitarian purpose;
and
(ii) the organization is either:
(A) a lawfully organized corporation, institution, society, church, or established
physical place of worship, at which nonprofit religious services and activities are regularly
conducted and carried on;
(B) a bona fide religious group:
(I) that does not maintain specific places of worship;
(II) that is not subject to federal income tax; and
(III) not required to file an IRS Form 990 under any circumstance; or
(C) a separate group or corporation that is an integral part of an institution that is an
income tax exempt organization under 26 U.S.C. Sec. 501(c)(3) and is not primarily supported
by funds solicited outside the group's or corporation's own membership or congregation;
(b) a solicitation by a broadcast media owned or operated by an educational institution
or governmental entity, or any entity organized solely for the support of that broadcast media;
(c) except as provided in Subsection 
13-22-21
(1), a solicitation for the relief of any
person sustaining a life-threatening illness or injury specified by name at the time of
solicitation if the entire amount collected without any deduction is turned over to the named
person;
(d) a political party authorized to transact the political party's affairs within this state
and any candidate and campaign worker of the political party if the content and manner of any
solicitation make clear that the solicitation is for the benefit of the political party or candidate;
(e) a political action committee or group soliciting funds relating to issues or
candidates on the ballot if the committee or group is required to file financial information with
a federal or state election commission;
(f) (i) a public school;
(ii) a public institution of higher learning;
(iii) a school accredited by an accreditation body recognized within the state or the
United States;
(iv) an institution of higher learning accredited by an accreditation body recognized
within the state or the United States;
(v) an organization within, and authorized by, an entity described in Subsections
(1)(f)(i) through (iv); or
(vi) a parent organization, teacher organization, or student organization authorized by
an entity described in Subsection (1)(f)(i) or (iii) if:
(A) the parent organization, teacher organization, or student organization is a branch
of, or is affiliated with, a central organization;
(B) the parent organization, teacher organization, or student organization is subject to
the central organization's general control and supervision;
(C) the central organization holds a United States Internal Revenue Service group tax
exemption that covers the parent organization, teacher organization, or student organization;
and
(D) the central organization is registered with the division under this chapter;
(g) a public or higher education foundation established under [
Title 53A, State System
of Public Education
] 
Title 53E, Public Education System -- State Administration, Title 53G,
Public Education System -- Local Administration
, or Title 53B, State System of Higher
Education;
(h) a television station, radio station, or newspaper of general circulation that donates
air time or print space for no consideration as part of a cooperative solicitation effort on behalf
of a charitable organization, whether or not that organization is required to register under this
chapter;
(i) a volunteer fire department, rescue squad, or local civil defense organization whose
financial oversight is under the control of a local governmental entity;
(j) any governmental unit of any state or the United States;
(k) any corporation:
(i) established by an act of the United States Congress; and
(ii) that is required by federal law to submit an annual report:
(A) on the activities of the corporation, including an itemized report of all receipts and
expenditures of the corporation; and
(B) to the United States Secretary of Defense to be:
(I) audited; and
(II) submitted to the United States Congress;
(l) a solicitation by an applicant for a grant offered by a state agency if:
(i) the terms of the grant provide that the state agency monitors a grant recipient to
ensure that grant funds are used in accordance with the grant's purpose; and
(ii) the sum of the amount available to the applicant under grants offered by a state
agency that the applicant applies for in a calendar year is less than or equal to $1,500; and
(m) a chapter of a charitable organization or a person who solicits contributions for a
charitable organization, if the charitable organization is registered with the division pursuant to
Section 
13-22-5
, and:
(i) all contributions solicited by the chapter or person are delivered directly to the
control of the charitable organization; or
(ii) (A) the charitable organization holds a United States Internal Revenue Service
group tax exemption that covers the chapter;
(B) the charitable organization provides a list of its chapters to the division with its
registration or renewal of registration;
(C) the chapter is on the list provided under Subsection (1)(m)(ii)(B);
(D) the chapter maintains the information required under Section 
13-22-15
 and
provides the information to the division upon request; and
(E) solicitations by the chapter or the person are limited to the collection of
membership-related fees, dues, or assessments from new and existing members.
(2) An organization claiming an exemption under this section bears the burden of
proving the organization's eligibility for, or the applicability of, the exemption claimed.
(3) An organization exempt from registration pursuant to this section that makes a
material change in the organization's legal status, officers, address, or similar changes shall file
a report informing the division of the organization's current legal status, business address,
business phone, officers, and primary contact person within 30 days of the change.
(4) The division may by rule:
(a) require an organization that is exempt from registration under this section to:
(i) file a notice of claim of exemption; and
(ii) file a renewal of a notice of claim of exemption;
(b) prescribe the contents of a notice of claim of exemption and a renewal of a notice
of claim of exemption; and
(c) require a filing fee for a notice of claim of exemption and a renewal of a notice of
claim of exemption as determined under Section 
63J-1-504
.
Section 13. Section 
17-27a-103
 is amended to read:
17-27a-103.
Definitions.
As used in this chapter:
(1) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
property owner, property owners association, public utility, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the county a copy of the entity's general or long-range plan;
or
(c) the entity has filed with the county a request for notice during the same calendar
year and before the county provides notice to an affected entity in compliance with a
requirement imposed under this chapter.
(2) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(4) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that has its application approved by a charter school
authorizer in accordance with [
Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act
]
Title 53G, Chapter 5, Part 3, Charter School Authorization
; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(5) "Chief executive officer" means the person or body that exercises the executive
powers of the county.
(6) "Conditional use" means a land use that, because of its unique characteristics or
potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
compatible in some areas or may be compatible only if certain conditions are required that
mitigate or eliminate the detrimental impacts.
(7) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution, Article I, Section 22.
(8) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(9) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(10) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
802.
(11) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (11)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (11)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
(ii) a therapeutic school.
(12) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(13) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(14) "Gas corporation" has the same meaning as defined in Section 
54-2-1
.
(15) "General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of:
(a) the unincorporated land within the county; or
(b) for a mountainous planning district, the land within the mountainous planning
district.
(16) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(17) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
system.
(18) "Identical plans" means building plans submitted to a county that:
(a) are clearly marked as "identical plans";
(b) are substantially identical building plans that were previously submitted to and
reviewed and approved by the county; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the county; and
(iv) does not require any additional engineering or analysis.
(19) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(20) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a county to guaranty the proper completion of landscaping or an infrastructure improvement
required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(21) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the county's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(22) "Improvement warranty period" means a period:
(a) no later than one year after a county's acceptance of required landscaping; or
(b) no later than one year after a county's acceptance of required infrastructure, unless
the county:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the county has not otherwise required the applicant to mitigate the suspect soil.
(23) "Infrastructure improvement" means permanent infrastructure that an applicant
must install:
(a) pursuant to published installation and inspection specifications for public
improvements; and
(b) as a condition of:
(i) recording a subdivision plat; or
(ii) development of a commercial, industrial, mixed use, condominium, or multifamily
project.
(24) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(25) "Interstate pipeline company" means a person or entity engaged in natural gas
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(26) "Intrastate pipeline company" means a person or entity engaged in natural gas
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(27) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
(28) "Land use application":
(a) means an application that is:
(i) required by a county; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
(29) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(30) "Land use decision" means a final action of a land use authority or appeal
authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
(31) "Land use permit" means a permit issued by a land use authority.
(32) "Land use regulation":
(a) means an ordinance, law, code, map, resolution, specification, fee, or rule that
governs the use or development of land; and
(b) does not include:
(i) a general plan;
(ii) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(iii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
(33) "Legislative body" means the county legislative body, or for a county that has
adopted an alternative form of government, the body exercising legislative powers.
(34) "Local district" means any entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
(35) "Lot line adjustment" means the relocation of the property boundary line in a
subdivision between two adjoining lots with the consent of the owners of record.
(36) "Moderate income housing" means housing occupied or reserved for occupancy
by households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the housing is located.
(37) "Mountainous planning district" means an area:
(a) designated by a county legislative body in accordance with Section 
17-27a-901
; and
(b) that is not otherwise exempt under Section 
10-9a-304
.
(38) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(39) "Noncomplying structure" means a structure that:
(a) legally existed before its current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations that govern
the use of land.
(40) "Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use ordinance regulation
governing the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
(41) "Official map" means a map drawn by county authorities and recorded in the
county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the county's general plan.
(42) "Parcel boundary adjustment" means a recorded agreement between owners of
adjoining properties adjusting their mutual boundary if:
(a) no additional parcel is created; and
(b) each property identified in the agreement is unsubdivided land, including a
remainder of subdivided land.
(43) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(44) "Plan for moderate income housing" means a written document adopted by a
county legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
county;
(b) an estimate of the need for moderate income housing in the county for the next five
years as revised biennially;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the county's program to encourage an adequate supply of moderate
income housing.
(45) "Planning advisory area" means a contiguous, geographically defined portion of
the unincorporated area of a county established under this part with planning and zoning
functions as exercised through the planning advisory area planning commission, as provided in
this chapter, but with no legal or political identity separate from the county and no taxing
authority.
(46) "Plat" means a map or other graphical representation of lands being laid out and
prepared in accordance with Section 
17-27a-603
, 
17-23-17
, or 
57-8-13
.
(47) "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
(48) "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
(49) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(50) "Public meeting" means a meeting that is required to be open to the public under
Title 52, Chapter 4, Open and Public Meetings Act.
(51) "Receiving zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
(52) "Record of survey map" means a map of a survey of land prepared in accordance
with Section 
17-23-17
.
(53) "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
(54) "Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(55) "Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(56) "Sending zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area from which an owner of land may transfer a transferable
development right.
(57) "Site plan" means a document or map that may be required by a county during a
preliminary review preceding the issuance of a building permit to demonstrate that an owner's
or developer's proposed development activity meets a land use requirement.
(58) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(59) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(60) "State" includes any department, division, or agency of the state.
(61) "Street" means a public right-of-way, including a highway, avenue, boulevard,
parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
way.
(62) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
divided into two or more lots, parcels, sites, units, plots, or other division of land for the
purpose, whether immediate or future, for offer, sale, lease, or development either on the
installment plan or upon any and all other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land whether by deed, metes and bounds description,
devise and testacy, map, plat, or other recorded instrument; and
(ii) except as provided in Subsection (62)(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for agricultural purposes;
(ii) a recorded agreement between owners of adjoining properties adjusting their
mutual boundary if:
(A) no new lot is created; and
(B) the adjustment does not violate applicable land use ordinances;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal description of more than one contiguous unsubdivided parcel of
property into one legal description encompassing all such parcels of property; or
(B) joining a subdivided parcel of property to another parcel of property that has not
been subdivided, if the joinder does not violate applicable land use ordinances;
(iv) a bona fide division or partition of land in a county other than a first class county
for the purpose of siting, on one or more of the resulting separate parcels:
(A) an electrical transmission line or a substation;
(B) a natural gas pipeline or a regulation station; or
(C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
utility service regeneration, transformation, retransmission, or amplification facility;
(v) a recorded agreement between owners of adjoining subdivided properties adjusting
their mutual boundary if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(vi) a bona fide division or partition of land by deed or other instrument where the land
use authority expressly approves in writing the division in anticipation of further land use
approvals on the parcel or parcels; or
(vii) a parcel boundary adjustment.
(d) The joining of a subdivided parcel of property to another parcel of property that has
not been subdivided does not constitute a subdivision under this Subsection (62) as to the
unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
ordinance.
(63) "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(64) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(65) "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(66) "Unincorporated" means the area outside of the incorporated area of a
municipality.
(67) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
(68) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
Section 14. Section 
17-27a-305
 is amended to read:
17-27a-305.
Other entities required to conform to county's land use ordinances --
Exceptions -- School districts and charter schools -- Submission of development plan and
schedule.
(1) (a) Each county, municipality, school district, charter school, local district, special
service district, and political subdivision of the state shall conform to any applicable land use
ordinance of any county when installing, constructing, operating, or otherwise using any area,
land, or building situated within a mountainous planning district or the unincorporated portion
of the county, as applicable.
(b) In addition to any other remedies provided by law, when a county's land use
ordinance is violated or about to be violated by another political subdivision, that county may
institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
prevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) (a) Except as provided in Subsection (3), a school district or charter school is
subject to a county's land use ordinances.
(b) (i) Notwithstanding Subsection (3), a county may:
(A) subject a charter school to standards within each zone pertaining to setback, height,
bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
staging; and
(B) impose regulations upon the location of a project that are necessary to avoid
unreasonable risks to health or safety, as provided in Subsection (3)(f).
(ii) The standards to which a county may subject a charter school under Subsection
(2)(b)(i) shall be objective standards only and may not be subjective.
(iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
deny or withhold approval of a charter school's land use application is the charter school's
failure to comply with a standard imposed under Subsection (2)(b)(i).
(iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
obligation to comply with a requirement of an applicable building or safety code to which it is
otherwise obligated to comply.
(3) A county may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations,
construction methods or materials, additional building inspections, county building codes,
building use for educational purposes, or the placement or use of temporary classroom facilities
on school property;
(b) except as otherwise provided in this section, require a school district or charter
school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
children and not located on or contiguous to school property, unless the roadway or sidewalk is
required to connect an otherwise isolated school site to an existing roadway;
(c) require a district or charter school to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges for
inspection, unless the school district or charter school is unable to provide for inspection by an
inspector, other than the project architect or contractor, who is qualified under criteria
established by the state superintendent;
(e) require a school district or charter school to pay any impact fee for an improvement
project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
(f) impose regulations upon the location of an educational facility except as necessary
to avoid unreasonable risks to health or safety; or
(g) for a land use or a structure owned or operated by a school district or charter school
that is not an educational facility but is used in support of providing instruction to pupils,
impose a regulation that:
(i) is not imposed on a similar land use or structure in the zone in which the land use or
structure is approved; or
(ii) uses the tax exempt status of the school district or charter school as criteria for
prohibiting or regulating the land use or location of the structure.
(4) Subject to Section [
53A-20-108
] 
53E-3-710
, a school district or charter school shall
coordinate the siting of a new school with the county in which the school is to be located, to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of
the impacts between the new school and future highways; and
(b) maximize school, student, and site safety.
(5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
(a) provide a walk-through of school construction at no cost and at a time convenient to
the district or charter school; and
(b) provide recommendations based upon the walk-through.
(6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
(i) a county building inspector;
(ii) (A) for a school district, a school district building inspector from that school
district; or
(B) for a charter school, a school district building inspector from the school district in
which the charter school is located; or
(iii) an independent, certified building inspector who is:
(A) not an employee of the contractor;
(B) approved by:
(I) a county building inspector; or
(II) (Aa) for a school district, a school district building inspector from that school
district; or
(Bb) for a charter school, a school district building inspector from the school district in
which the charter school is located; and
(C) licensed to perform the inspection that the inspector is requested to perform.
(b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
(c) If a school district or charter school uses a school district or independent building
inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
the state superintendent of public instruction and county building official, on a monthly basis
during construction of the school building, a copy of each inspection certificate regarding the
school building.
(7) (a) A charter school shall be considered a permitted use in all zoning districts
within a county.
(b) Each land use application for any approval required for a charter school, including
an application for a building permit, shall be processed on a first priority basis.
(c) Parking requirements for a charter school may not exceed the minimum parking
requirements for schools or other institutional public uses throughout the county.
(d) If a county has designated zones for a sexually oriented business, or a business
which sells alcohol, a charter school may be prohibited from a location which would otherwise
defeat the purpose for the zone unless the charter school provides a waiver.
(e) (i) A school district or a charter school may seek a certificate authorizing permanent
occupancy of a school building from:
(A) the state superintendent of public instruction, as provided in Subsection
[
53A-20-104
] 
53E-3-706
(3), if the school district or charter school used an independent
building inspector for inspection of the school building; or
(B) a county official with authority to issue the certificate, if the school district or
charter school used a county building inspector for inspection of the school building.
(ii) A school district may issue its own certificate authorizing permanent occupancy of
a school building if it used its own building inspector for inspection of the school building,
subject to the notification requirement of Subsection [
53A-20-104
] 
53E-3-706
(3)(a)(ii).
(iii) A charter school may seek a certificate authorizing permanent occupancy of a
school building from a school district official with authority to issue the certificate, if the
charter school used a school district building inspector for inspection of the school building.
(iv) A certificate authorizing permanent occupancy issued by the state superintendent
of public instruction under Subsection [
53A-20-104
] 
53E-3-706
(3) or a school district official
with authority to issue the certificate shall be considered to satisfy any county requirement for
an inspection or a certificate of occupancy.
(8) (a) A specified public agency intending to develop its land shall submit to the land
use authority a development plan and schedule:
(i) as early as practicable in the development process, but no later than the
commencement of construction; and
(ii) with sufficient detail to enable the land use authority to assess:
(A) the specified public agency's compliance with applicable land use ordinances;
(B) the demand for public facilities listed in Subsections 
11-36a-102
(16)(a), (b), (c),
(d), (e), and (g) caused by the development;
(C) the amount of any applicable fee described in Section 
17-27a-509
;
(D) any credit against an impact fee; and
(E) the potential for waiving an impact fee.
(b) The land use authority shall respond to a specified public agency's submission
under Subsection (8)(a) with reasonable promptness in order to allow the specified public
agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
process of preparing the budget for the development.
(9) Nothing in this section may be construed to:
(a) modify or supersede Section 
17-27a-304
; or
(b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that
fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
1990, 42 U.S.C. 12102, or any other provision of federal law.
Section 15. Section 
20A-1-203
 is amended to read:
20A-1-203.
Calling and purpose of special elections -- Two-thirds vote
limitations.
(1) Statewide and local special elections may be held for any purpose authorized by
law.
(2) (a) Statewide special elections shall be conducted using the procedure for regular
general elections.
(b) Except as otherwise provided in this title, local special elections shall be conducted
using the procedures for regular municipal elections.
(3) The governor may call a statewide special election by issuing an executive order
that designates:
(a) the date for the statewide special election; and
(b) the purpose for the statewide special election.
(4) The Legislature may call a statewide special election by passing a joint or
concurrent resolution that designates:
(a) the date for the statewide special election; and
(b) the purpose for the statewide special election.
(5) (a) The legislative body of a local political subdivision may call a local special
election only for:
(i) a vote on a bond or debt issue;
(ii) a vote on a voted local levy authorized by Section [
53A-16-110
] 
53F-8-402
 or
[
53A-17a-133
] 
53F-8-301
;
(iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
(iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
(v) if required or authorized by federal law, a vote to determine whether or not Utah's
legal boundaries should be changed;
(vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
(vii) a vote to elect members to school district boards for a new school district and a
remaining school district, as defined in Section [
53A-2-117
] 
53G-3-102
, following the creation
of a new school district under Section [
53A-2-118.1
] 
53G-3-302
;
(viii) a vote on a municipality providing cable television services or public
telecommunications services under Section 
10-18-204
;
(ix) a vote to create a new county under Section 
17-3-1
;
(x) a vote on the creation of a study committee under Sections 
17-52-202
 and
17-52-203.5
;
(xi) a vote on a special property tax under Section [
53A-16-110
] 
53F-8-402
;
(xii) a vote on the incorporation of a city in accordance with Section 
10-2a-210
;
(xiii) a vote on the incorporation of a town in accordance with Section 
10-2a-304
; or
(xiv) a vote on incorporation or annexation as described in Section 
10-2a-404
.
(b) The legislative body of a local political subdivision may call a local special election
by adopting an ordinance or resolution that designates:
(i) the date for the local special election as authorized by Section 
20A-1-204
; and
(ii) the purpose for the local special election.
(c) A local political subdivision may not call a local special election unless the
ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
two-thirds majority of all members of the legislative body, if the local special election is for:
(i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
(ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
(iii) a vote authorized or required for a sales tax issue as described in Subsection
(5)(a)(vi).
Section 16. Section 
20A-14-206
 is amended to read:
20A-14-206.
Student petition for student member on local school board.
(1) A student petition requesting that a local school board appoint a nonvoting student
member to the board may be submitted to the board under this section.
(2) The petition shall have the signatures of at least 500 students regularly enrolled in
high school in the district or at least 10% of the number of students regularly enrolled in high
school in the district, whichever is less.
(3) (a) Upon receipt of the petition, the board may appoint a nonvoting student member
to serve a one-year term on the local school board as an addition to the number of regular
members authorized by law.
(b) A student member's term begins July 1 and ends on June 30 of the following year.
(4) A student board member shall be enrolled in a high school in the district and may
be less than 18 years old.
(5) A student member may participate in all board meetings, except executive sessions.
(6) (a) A student board member shall receive the same expense allowance granted
other board members under Section [
53A-3-202
] 
53G-4-204
.
(b) A student member is not liable for any acts of the governing board.
Section 17. Section 
26-1-17.5 (Superseded 07/01/18)
 is amended to read:
26-1-17.5 (Superseded 07/01/18).
Confidential records.
(1) A record classified as confidential under this title shall remain confidential, and be
released according to the provisions of this title, notwithstanding Section 
63G-2-310
.
(2) In addition to those persons granted access to records described in Subsection
63G-2-302
(1)(b), immunization records may be shared among schools, school districts, and
local and state health departments and the state Department of Human Services as necessary to
assure compliance with Section [
53A-11-301
] 
53G-9-302
 and to prevent, investigate, and
control the causes of epidemic, infectious, communicable, and other diseases affecting the
public health.
Section 18. Section 
26-1-17.5 (Effective 07/01/18)
 is amended to read:
26-1-17.5 (Effective 07/01/18).
Confidential records.
(1) A record classified as confidential under this title shall remain confidential, and be
released according to the provisions of this title, notwithstanding Section 
63G-2-310
.
(2) In addition to those persons granted access to a private record described in
Subsection 
63G-2-302
(1)(b), schools, school districts, and local and state health departments
and the state Department of Human Services may share an immunization record as defined in
Section [
53A-11-300.5
] 
53G-9-301
 or any other record relating to a vaccination or
immunization as necessary to ensure compliance with Title [
53A, Chapter 11, Part 3,
Immunization of Students
] 
53G, Chapter 8, Part 3, Immunization Requirements
, and to
prevent, investigate, and control the causes of epidemic, infectious, communicable, and other
diseases affecting the public health.
Section 19. Section 
26-7-9 (Effective 07/01/18)
 is amended to read:
26-7-9 (Effective 07/01/18).
Online public health education module.
(1) As used in this section:
(a) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(b) "Nonimmune" means that a child or an individual:
(i) has not received each vaccine required in Section [
53A-11-303
] 
53G-9-305
 and has
not developed a natural immunity through previous illness to a vaccine-preventable disease, as
documented by a health care provider;
(ii) cannot receive each vaccine required in Section [
53A-11-303
] 
53G-9-305
; or
(iii) is otherwise known to not be immune to a vaccine-preventable disease.
(c) "Vaccine-preventable disease" means an infectious disease that can be prevented by
a vaccination required in Section [
53A-11-303
] 
53G-9-305
.
(2) The department shall develop an online education module regarding
vaccine-preventable diseases:
(a) to assist a parent of a nonimmune child to:
(i) recognize the symptoms of vaccine-preventable diseases;
(ii) respond in the case of an outbreak of a vaccine-preventable disease;
(iii) protect children who contract a vaccine-preventable disease; and
(iv) prevent the spread of vaccine-preventable diseases;
(b) that contains only the following:
(i) information about vaccine-preventable diseases necessary to achieve the goals
stated in Subsection (2)(a), including the best practices to prevent the spread of
vaccine-preventable diseases;
(ii) recommendations to reduce the likelihood of a nonimmune individual contracting
or transmitting a vaccine-preventable disease; and
(iii) information about additional available resources related to vaccine-preventable
diseases and the availability of low-cost vaccines;
(c) that includes interactive questions or activities; and
(d) that is expected to take an average user 20 minutes or less to complete, based on
user testing.
(3) In developing the online education module described in Subsection (2), the
department shall consult with individuals interested in vaccination or vaccine-preventable
diseases, including:
(a) representatives from organizations of health care professionals; and
(b) parents of nonimmune children.
(4) The department shall make the online education module described in Subsection
(2) publicly available to parents through:
(a) a link on the department's website;
(b) county health departments, as that term is defined in Section 
26A-1-102
;
(c) local health departments, as that term is defined in Section 
26A-1-102
;
(d) local education agencies, as that term is defined in Section [
53A-1-401
] 
53E-3-401
;
and
(e) other public health programs or organizations.
(5) The department shall report to the Health and Human Services Interim Committee
before November 30, 2018, regarding compliance with this section.
Section 20. Section 
26-10-6
 is amended to read:
26-10-6.
Testing of newborn infants.
(1) Except in the case where parents object on the grounds that they are members of a
specified, well-recognized religious organization whose teachings are contrary to the tests
required by this section, a newborn infant shall be tested for:
(a) phenylketonuria (PKU);
(b) other heritable disorders which may result in an intellectual or physical disability or
death and for which:
(i) a preventive measure or treatment is available; and
(ii) there exists a reliable laboratory diagnostic test method;
(c) (i) an infant born in a hospital with 100 or more live births annually, hearing loss;
and
(ii) an infant born in a setting other than a hospital with 100 or more live births
annually, hearing loss; and
(d) critical congenital heart defects using pulse oximetry.
(2) In accordance with Section 
26-1-6
, the department may charge fees for:
(a) materials supplied by the department to conduct tests required under Subsection (1);
(b) tests required under Subsection (1) conducted by the department;
(c) laboratory analyses by the department of tests conducted under Subsection (1); and
(d) the administrative cost of follow-up contacts with the parents or guardians of tested
infants.
(3) Tests for hearing loss described in Subsection (1) shall be based on one or more
methods approved by the Newborn Hearing Screening Committee, including:
(a) auditory brainstem response;
(b) automated auditory brainstem response; and
(c) evoked otoacoustic emissions.
(4) Results of tests for hearing loss described in Subsection (1) shall be reported to:
(a) the department; and
(b) when results of tests for hearing loss under Subsection (1) suggest that additional
diagnostic procedures or medical interventions are necessary:
(i) a parent or guardian of the infant;
(ii) an early intervention program administered by the department in accordance with
Part C of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1431 et seq.; and
(iii) the Utah Schools for the Deaf and the Blind, created in Section [
53A-25b-103
]
53E-8-201
.
(5) (a) There is established the Newborn Hearing Screening Committee.
(b) The committee shall advise the department on:
(i) the validity and cost of newborn infant hearing loss testing procedures; and
(ii) rules promulgated by the department to implement this section.
(c) The committee shall be composed of at least 11 members appointed by the
executive director, including:
(i) one representative of the health insurance industry;
(ii) one pediatrician;
(iii) one family practitioner;
(iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
(v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
(vi) one representative of hospital neonatal nurseries;
(vii) one representative of the Early Intervention Baby Watch Program administered by
the department;
(viii) one public health nurse;
(ix) one consumer; and
(x) the executive director or the executive director's designee.
(d) Of the initial members of the committee, the executive director shall appoint as
nearly as possible half to two-year terms and half to four-year terms. Thereafter, appointments
shall be for four-year terms except:
(i) for those members who have been appointed to complete an unexpired term; and
(ii) as necessary to ensure that as nearly as possible the terms of half the appointments
expire every two years.
(e) A majority of the members constitute a quorum, and a vote of the majority of the
members present constitutes an action of the committee.
(f) The committee shall appoint a chairman from the committee's membership.
(g) The committee shall meet at least quarterly.
(h) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(i) The department shall provide staff for the committee.
(6) Before implementing the test required by Subsection (1)(d), the department shall
conduct a pilot program for testing newborns for critical congenital heart defects using pulse
oximetry. The pilot program shall include the development of:
(a) appropriate oxygen saturation levels that would indicate a need for further medical
follow-up; and
(b) the best methods for implementing the pulse oximetry screening in newborn care
units.
Section 21. Section 
26-10-9 (Superseded 07/01/18)
 is amended to read:
26-10-9 (Superseded 07/01/18).
Immunizations -- Consent of minor to treatment.
(1) This section:
(a) is not intended to interfere with the integrity of the family or to minimize the rights
of parents or children; and
(b) applies to a minor, who at the time care is sought is:
(i) married or has been married;
(ii) emancipated as provided for in Section 
78A-6-805
;
(iii) a parent with custody of a minor child; or
(iv) pregnant.
(2) (a) A minor described in Subsections (1)(b)(i) and (ii) may consent to:
(i) immunizations against epidemic infections and communicable diseases as defined
in Section 
26-6-2
; and
(ii) examinations and immunizations required to attend school as provided in [
Title
53A, Chapter 11, Students in Public Schools
] 
Title 53G, Public Education System -- Local
Administration
.
(b) A minor described in Subsections (1)(b)(iii) and (iv) may consent to the
immunizations described in Subsections (2)(a)(i) and (ii), and the vaccine for human
papillomavirus only if:
(i) the minor represents to the health care provider that the minor is an abandoned
minor as defined in Section 
76-5-109
; and
(ii) the health care provider makes a notation in the minor's chart that the minor
represented to the health care provider that the minor is an abandoned minor under Section
76-5-109
.
(c) Nothing in Subsection (2)(a) or (b) requires a health care provider to immunize a
minor.
(3) The consent of the minor pursuant to this section:
(a) is not subject to later disaffirmance because of the minority of the person receiving
the medical services;
(b) is not voidable because of minority at the time the medical services were provided;
(c) has the same legal effect upon the minor and the same legal obligations with regard
to the giving of consent as consent given by a person of full age and capacity; and
(d) does not require the consent of any other person or persons to authorize the medical
services described in Subsections (2)(a) and (b).
(4) A health care provider who provides medical services to a minor in accordance
with the provisions of this section is not subject to civil or criminal liability for providing the
services described in Subsections (2)(a) and (b) without obtaining the consent of another
person prior to rendering the medical services.
(5) This section does not remove the requirement for parental consent or notice when
required by Section 
76-7-304
 or 
76-7-304.5
.
(6) The parents, parent, or legal guardian of a minor who receives medical services
pursuant to Subsections (2)(a) and (b) are not liable for the payment for those services unless
the parents, parent, or legal guardian consented to the medical services.
Section 22. Section 
26-10-9 (Effective 07/01/18)
 is amended to read:
26-10-9 (Effective 07/01/18).
Immunizations -- Consent of minor to treatment.
(1) This section:
(a) is not intended to interfere with the integrity of the family or to minimize the rights
of parents or children; and
(b) applies to a minor, who at the time care is sought is:
(i) married or has been married;
(ii) emancipated as provided for in Section 
78A-6-805
;
(iii) a parent with custody of a minor child; or
(iv) pregnant.
(2) (a) A minor described in Subsections (1)(b)(i) and (ii) may consent to:
(i) vaccinations against epidemic infections and communicable diseases as defined in
Section 
26-6-2
; and
(ii) examinations and vaccinations required to attend school as provided in [
Title 53A,
Chapter 11, Students in Public Schools
] 
Title 53G, Public Education System -- Local
Administration
.
(b) A minor described in Subsections (1)(b)(iii) and (iv) may consent to the
vaccinations described in Subsections (2)(a)(i) and (ii), and the vaccine for human
papillomavirus only if:
(i) the minor represents to the health care provider that the minor is an abandoned
minor as defined in Section 
76-5-109
; and
(ii) the health care provider makes a notation in the minor's chart that the minor
represented to the health care provider that the minor is an abandoned minor under Section
76-5-109
.
(c) Nothing in Subsection (2)(a) or (b) requires a health care provider to immunize a
minor.
(3) The consent of the minor pursuant to this section:
(a) is not subject to later disaffirmance because of the minority of the person receiving
the medical services;
(b) is not voidable because of minority at the time the medical services were provided;
(c) has the same legal effect upon the minor and the same legal obligations with regard
to the giving of consent as consent given by a person of full age and capacity; and
(d) does not require the consent of any other person or persons to authorize the medical
services described in Subsections (2)(a) and (b).
(4) A health care provider who provides medical services to a minor in accordance
with the provisions of this section is not subject to civil or criminal liability for providing the
services described in Subsections (2)(a) and (b) without obtaining the consent of another
person prior to rendering the medical services.
(5) This section does not remove the requirement for parental consent or notice when
required by Section 
76-7-304
 or 
76-7-304.5
.
(6) The parents, parent, or legal guardian of a minor who receives medical services
pursuant to Subsections (2)(a) and (b) are not liable for the payment for those services unless
the parents, parent, or legal guardian consented to the medical services.
Section 23. Section 
26-10-10
 is amended to read:
26-10-10.
Cytomegalovirus (CMV) public education and testing.
(1) As used in this section "CMV" means cytomegalovirus.
(2) The department shall establish and conduct a public education program to inform
pregnant women and women who may become pregnant regarding:
(a) the incidence of CMV;
(b) the transmission of CMV to pregnant women and women who may become
pregnant;
(c) birth defects caused by congenital CMV;
(d) methods of diagnosing congenital CMV; and
(e) available preventative measures.
(3) The department shall provide the information described in Subsection (2) to:
(a) child care programs licensed under Title 26, Chapter 39, Utah Child Care Licensing
Act, and their employees;
(b) a person described in Subsection 
26-39-403
(1)(c), (f), (g), (h), (j), or (k);
(c) a person serving as a school nurse under Section [
53A-11-204
] 
53G-9-204
;
(d) a person offering health education in a school district;
(e) health care providers offering care to pregnant women and infants; and
(f) religious, ecclesiastical, or denominational organizations offering children's
programs as a part of worship services.
(4) If a newborn infant fails the newborn hearing screening test(s) under Subsection
26-10-6
(1), a medical practitioner shall:
(a) test the newborn infant for CMV before the newborn is 21 days of age, unless a
parent of the newborn infant objects; and
(b) provide to the parents of the newborn infant information regarding:
(i) birth defects caused by congenital CMV; and
(ii) available methods of treatment.
(5) The department shall provide to the family and the medical practitioner, if known,
information regarding the testing requirements under Subsection (4) when providing results
indicating that an infant has failed the newborn hearing screening test(s) under Subsection
26-10-6
(1).
(6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, as necessary to administer the provisions of this section.
Section 24. Section 
26-10-11
 is amended to read:
26-10-11.
Children's Hearing Aid Program.
(1) The department shall offer a program to provide hearing aids to children who
qualify under this section.
(2) The department shall provide hearing aids to a child who:
(a) is younger than six years old;
(b) is a resident of Utah;
(c) has been diagnosed with hearing loss by:
(i) an audiologist with pediatric expertise; and
(ii) a physician;
(d) provides documentation from an audiologist with pediatric expertise certifying that
the child needs hearing aids;
(e) has obtained medical clearance by a medical provider for hearing aid fitting;
(f) does not qualify to receive a contribution that equals the full cost of a hearing aid
from the state's Medicaid program or the Utah Children's Health Insurance Program; and
(g) meets the financial need qualification criteria established by the department by rule,
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
participation in the program.
(3) (a) There is established the Children's Hearing Aid Advisory Committee.
(b) The committee shall be composed of five members appointed by the executive
director, and shall include:
(i) one audiologist with pediatric expertise;
(ii) one speech language pathologist;
(iii) one teacher, certified under [
Title 53A, State System of Public Education
] 
Title
53E, Public Education System -- State Administration
, as a teacher of the deaf or a listening
and spoken language therapist;
(iv) one ear, nose, and throat specialist; and
(v) one parent whose child:
(A) is six years old or older; and
(B) has hearing loss.
(c) A majority of the members constitutes a quorum.
(d) A vote of the majority of the members, with a quorum present, constitutes an action
of the committee.
(e) The committee shall elect a chair from its members.
(f) The committee shall:
(i) meet at least quarterly;
(ii) recommend to the department medical criteria and procedures for selecting children
who may qualify for assistance from the account; and
(iii) review rules developed by the department.
(g) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with Sections 
63A-3-106
 and
63A-3-107
 and rules made by the Division of Finance, pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(h) The department shall provide staff to the committee.
(4) (a) There is created within the General Fund a restricted account known as the
"Children's Hearing Aid Program Restricted Account."
(b) The Children's Hearing Aid Program Restricted Account shall consist of:
(i) amounts appropriated to the account by the Legislature; and
(ii) gifts, grants, devises, donations, and bequests of real property, personal property, or
services, from any source, or any other conveyance that may be made to the account from
private sources.
(c) Upon appropriation, all actual and necessary operating expenses for the committee
described in Subsection (3) shall be paid by the account.
(d) Upon appropriation, no more than 9% of the account money may be used for the
department's expenses.
(e) If this account is repealed in accordance with Section 
63I-1-226
, any remaining
assets in the account shall be deposited into the General Fund.
(5) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish procedures for:
(a) identifying the children who are financially eligible to receive services under the
program; and
(b) reviewing and paying for services provided to a child under the program.
(6) The department shall, before December 1 of each year, submit a report to the
Health and Human Services Interim Committee that describes the operation and
accomplishments of the program.
Section 25. Section 
26-39-402 (Effective 07/01/18)
 is amended to read:
26-39-402 (Effective 07/01/18).
Residential child care certificate.
(1) A residential child care provider of five to eight qualifying children shall obtain a
Residential Child Care Certificate from the department, unless Section 
26-39-403
 applies.
(2) The minimum qualifications for a Residential Child Care Certificate are:
(a) the submission of:
(i) an application in the form prescribed by the department;
(ii) a certification and criminal background fee established in accordance with Section
26-1-6
; and
(iii) in accordance with Section 
26-39-404
, identifying information for each adult
person and each juvenile age 12 through 17 years of age who resides in the provider's home:
(A) for processing by the Department of Public Safety to determine whether any such
person has been convicted of a crime;
(B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
and
(C) to discover whether the person is listed in the Licensing Information System
described in Section 
62A-4a-1006
;
(b) an initial and annual inspection of the provider's home within 90 days of sending an
intent to inspect notice to:
(i) check the immunization record, as defined in Section [
53A-11-300.5
] 
53G-9-301
, of
each qualifying child who receives child care in the provider's home;
(ii) identify serious sanitation, fire, and health hazards to qualifying children; and
(iii) make appropriate recommendations; and
(c) annual training consisting of 10 hours of department-approved training as specified
by the department by administrative rule, including a current department-approved CPR and
first aid course.
(3) If a serious sanitation, fire, or health hazard has been found during an inspection
conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
serious hazards found and make an unannounced follow up inspection to determine
compliance.
(4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
department may inspect the home of a residential care provider of five to eight qualifying
children in response to a complaint of:
(a) child abuse or neglect;
(b) serious health hazards in or around the provider's home; or
(c) providing residential child care without the appropriate certificate or license.
(5) Notwithstanding this section:
(a) a license under Section 
26-39-401
 is required of a residential child care provider
who cares for nine or more qualifying children;
(b) a certified residential child care provider may not provide care to more than two
qualifying children under the age of two; and
(c) an inspection may be required of a residential child care provider in connection
with a federal child care program.
(6) With respect to residential child care, the department may only make and enforce
rules necessary to implement this section.
Section 26. Section 
26-41-106
 is amended to read:
26-41-106.
Immunity from liability.
(1) The following, if acting in good faith, are not liable in any civil or criminal action
for any act taken or not taken under the authority of this chapter with respect to an anaphylactic
reaction:
(a) a qualified adult;
(b) a physician, pharmacist, or any other person or entity authorized to prescribe or
dispense prescription drugs;
(c) a person who conducts training described in Section 
26-41-104
; and
(d) a qualified entity.
(2) Section [
53A-11-601
] 
53G-9-502
 does not apply to the administration of an
epinephrine auto-injector in accordance with this chapter.
(3) This section does not eliminate, limit, or reduce any other immunity from liability
or defense against liability that may be available under state law.
Section 27. Section 
30-1-9
 is amended to read:
30-1-9.
Marriage by minors -- Consent of parent or guardian -- Juvenile court
authorization.
(1) For purposes of this section, "minor" means a male or female under 18 years of age.
(2) (a) If at the time of applying for a license the applicant is a minor, and not before
married, a license may not be issued without the signed consent of the minor's father, mother,
or guardian given in person to the clerk; however:
(i) if the parents of the minor are divorced, consent shall be given by the parent having
legal custody of the minor as evidenced by an oath of affirmation to the clerk;
(ii) if the parents of the minor are divorced and have been awarded joint custody of the
minor, consent shall be given by the parent having physical custody of the minor the majority
of the time as evidenced by an oath of affirmation to the clerk; or
(iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
consent and provide proof of guardianship by court order as well as an oath of affirmation.
(b) If the male or female is 15 years of age, the minor and the parent or guardian of the
minor shall obtain a written authorization to marry from:
(i) a judge of the court exercising juvenile jurisdiction in the county where either party
to the marriage resides; or
(ii) a court commissioner as permitted by rule of the Judicial Council.
(3) (a) Before issuing written authorization for a minor to marry, the judge or court
commissioner shall determine:
(i) that the minor is entering into the marriage voluntarily; and
(ii) the marriage is in the best interests of the minor under the circumstances.
(b) The judge or court commissioner shall require that both parties to the marriage
complete premarital counseling. This requirement may be waived if premarital counseling is
not reasonably available.
(c) The judge or court commissioner may require:
(i) that the person continue to attend school, unless excused under Section
[
53A-11-102
] 
53G-6-204
; and
(ii) any other conditions that the court deems reasonable under the circumstances.
(4) The determination required in Subsection (3) shall be made on the record. Any
inquiry conducted by the judge or commissioner may be conducted in chambers.
Section 28. Section 
32B-2-304
 is amended to read:
32B-2-304.
Liquor price -- School lunch program -- Remittance of markup.
(1) For purposes of this section:
(a) (i) "Landed case cost" means:
(A) the cost of the product; and
(B) inbound shipping costs incurred by the department.
(ii) "Landed case cost" does not include the outbound shipping cost from a warehouse
of the department to a state store.
(b) "Proof gallon" means the same as that term is defined in 26 U.S.C. Sec. 5002.
(c) Notwithstanding Section 
32B-1-102
, "small brewer" means a brewer who
manufactures in a calendar year less than 40,000 barrels of beer, heavy beer, and flavored malt
beverage.
(2) Except as provided in Subsection (3):
(a) spirituous liquor sold by the department within the state shall be marked up in an
amount not less than 88% above the landed case cost to the department;
(b) wine sold by the department within the state shall be marked up in an amount not
less than 88% above the landed case cost to the department;
(c) heavy beer sold by the department within the state shall be marked up in an amount
not less than 66.5% above the landed case cost to the department; and
(d) a flavored malt beverage sold by the department within the state shall be marked up
in an amount not less than 88% above the landed case cost to the department.
(3) (a) Liquor sold by the department to a military installation in Utah shall be marked
up in an amount not less than 17% above the landed case cost to the department.
(b) Except for spirituous liquor sold by the department to a military installation in
Utah, spirituous liquor that is sold by the department within the state shall be marked up 49%
above the landed case cost to the department if:
(i) the spirituous liquor is manufactured by a manufacturer producing less than 30,000
proof gallons of spirituous liquor in a calendar year; and
(ii) the manufacturer applies to the department for a reduced markup.
(c) Except for wine sold by the department to a military installation in Utah, wine that
is sold by the department within the state shall be marked up 49% above the landed case cost to
the department if:
(i) the wine is manufactured by a manufacturer producing less than 20,000 gallons of
wine in a calendar year; and
(ii) the manufacturer applies to the department for a reduced markup.
(d) Except for heavy beer sold by the department to a military installation in Utah,
heavy beer that is sold by the department within the state shall be marked up 32% above the
landed case cost to the department if:
(i) a small brewer manufactures the heavy beer; and
(ii) the small brewer applies to the department for a reduced markup.
(e) The department shall verify an amount described in Subsection (3)(b), (c), or (d)
pursuant to a federal or other verifiable production report.
(4) The department shall deposit 10% of the total gross revenue from sales of liquor
with the state treasurer to be credited to the Uniform School Fund and used to support the
school lunch program administered by the State Board of Education under Section
[
53A-19-201
] 
53E-3-510
.
(5) This section does not prohibit the department from selling discontinued items at a
discount.
(6) (a) Except as provided in Section [
53A-13-114
] 
53F-9-304
, the department shall
collect the markup and remit the markup collected by the department under this section:
(i) to the State Tax Commission monthly on or before the last day of the month
immediately following the last day of the previous month; and
(ii) using a form prescribed by the State Tax Commission.
(b) For liquor provided to a package agency on consignment, the department shall
remit the markup to the State Tax Commission for the month during which the liquor is
provided to the package agency regardless of when the package agency pays the department for
the liquor provided to the package agency.
(c) The State Tax Commission shall deposit revenues remitted to it under Subsection
(6)(a) into the Markup Holding Fund created in Section 
32B-2-301
.
(d) The assessment, collection, and refund of a markup under this section shall be in
accordance with Title 59, Chapter 1, Part 14, Assessment, Collections, and Refunds Act.
(e) The department, if it fails to comply with this Subsection (6), is subject to penalties
as provided in Section 
59-1-401
 and interest as provided in Section 
59-1-402
.
(f) The State Tax Commission may make rules, in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, to establish procedures under this Subsection (6).
Section 29. Section 
34A-2-104.5
 is amended to read:
34A-2-104.5.
Nongovernment entity volunteers.
(1) As used in this section:
(a) (i) "Intern" means a student or trainee who works without pay at a trade or
occupation in order to gain work experience.
(ii) Notwithstanding Subsection (1)(a)(i), "intern" does not include an intern described
in Section [
53A-29-103
] 
53G-7-903
 or 
53B-16-403
.
(b) "Nongovernment entity" means an entity or individual that:
(i) is an employer as provided in Section 
34A-2-103
; and
(ii) is not a government entity.
(c) "Utah minimum wage" means the highest wage designated as Utah's minimum
wage under Title 34, Chapter 40, Utah Minimum Wage Act.
(d) (i) "Volunteer" means an individual who donates service without pay or other
compensation except expenses actually and reasonably incurred as approved by the supervising
nongovernment entity.
(ii) "Volunteer" includes an intern of a nongovernment entity.
(iii) "Volunteer" does not include an individual participating in human subjects
research to the extent that the participation is governed by federal law or regulation inconsistent
with this chapter.
(2) A volunteer for a nongovernment entity is not an employee of the nongovernment
entity for purposes of this chapter and Chapter 3, Utah Occupational Disease Act, unless the
nongovernment entity elects in accordance with this section to provide coverage under this
chapter and Chapter 3, Utah Occupational Disease Act.
(3) (a) A nongovernment entity may elect to secure coverage for all of the
nongovernment entity's volunteers by obtaining coverage for the volunteers in accordance with
Section 
34A-2-201
 under the same policy it uses to cover the nongovernment entity's
employees.
(b) If a nongovernment entity obtains coverage under Section 
34A-2-201
 for the
nongovernment entity's volunteers, for purposes of receiving benefits under this chapter and
Chapter 3, Utah Occupational Disease Act:
(i) a volunteer is considered an employee of the nongovernment entity; and
(ii) these benefits are the exclusive remedy of the volunteer in accordance with Section
34A-2-105
 for an industrial injury or disease covered by this chapter and Chapter 3, Utah
Occupational Disease Act.
(4) A nongovernment entity shall keep sufficient records of the nongovernment entity's
volunteers and the volunteers' duties to determine compliance with this section.
(5) To compute the disability compensation benefits under Subsection (3), the
disability compensation shall be calculated in accordance with Part 4, Compensation and
Benefits, with the average weekly wage of the nongovernment volunteer assumed to be the
Utah minimum wage at the time of the industrial accident or occupational disease that is the
basis for the volunteer's workers' compensation claim.
(6) A workers' compensation insurer shall calculate the premium for a nongovernment
entity's volunteer on the basis of the Utah minimum wage on the actual hours the volunteer
provides service to the nongovernment entity, except that a workers' compensation insurer may
assume 30 hours worked per week if the nongovernment entity does not provide a record of
actual hours worked. The imputed wages shall be assigned to the class code on the policy that
best describes the volunteer's duties.
(7) The failure or refusal of a nongovernment entity to make an election under this
section in regard to volunteers does not alter, have an effect on, or give rise to any implication
or presumption regarding:
(a) the nongovernment entity's duties or liabilities with respect to volunteers; or
(b) the rights of volunteers.
(8) Subject to Subsection (3)(b)(ii), nothing in this section affects a volunteer's right to
seek remedies available to the volunteer through a personal insurance policy that the volunteer
obtains for the volunteer in addition to any workers' compensation benefits obtained under this
section.
(9) A nongovernment entity shall notify a volunteer of an election under Subsection
(3)(a) by posting:
(a) printed notices where volunteers are likely to see the notices in conspicuous places
about the nongovernment entity's place of business; and
(b) notices on a website that the nongovernment entity uses to recruit or provide
information to volunteers.
Section 30. Section 
35A-1-102
 is amended to read:
35A-1-102.
Definitions.
Unless otherwise specified, as used in this title:
(1) "Client" means an individual who the department has determined to be eligible for
services or benefits under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act.
(2) "Department" means the Department of Workforce Services created in Section
35A-1-103
.
(3) "Economic service area" means an economic service area established in accordance
with Chapter 2, Economic Service Areas.
(4) "Employment assistance" means services or benefits provided by the department
under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act.
(5) "Employment center" is a location in an economic service area where the services
provided by an economic service area under Section 
35A-2-201
 may be accessed by a client.
(6) "Employment counselor" means an individual responsible for developing an
employment plan and coordinating the services and benefits under this title in accordance with
Chapter 2, Economic Service Areas.
(7) "Employment plan" means a written agreement between the department and a client
that describes:
(a) the relationship between the department and the client;
(b) the obligations of the department and the client; and
(c) the result if an obligation is not fulfilled by the department or the client.
(8) "Executive director" means the executive director of the department appointed
under Section 
35A-1-201
.
(9) "Government entity" means the state or any county, municipality, local district,
special service district, or other political subdivision or administrative unit of the state, a state
institution of higher education as defined in Section 
53B-2-101
, or a local education agency as
defined in Section [
53A-30-102
] 
53G-7-401
.
(10) "Public assistance" means:
(a) services or benefits provided under Chapter 3, Employment Support Act;
(b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
(c) foster care maintenance payments provided from the General Fund or under Title
IV-E of the Social Security Act;
(d) SNAP benefits; and
(e) any other public funds expended for the benefit of a person in need of financial,
medical, food, housing, or related assistance.
(11) "SNAP" means the federal "Supplemental Nutrition Assistance Program" under
Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known as the
federal Food Stamp Program.
(12) "SNAP benefit" or "SNAP benefits" means a financial benefit, coupon, or
privilege available under SNAP.
(13) "Stabilization" means addressing the basic living, family care, and social or
psychological needs of the client so that the client may take advantage of training or
employment opportunities provided under this title or through other agencies or institutions.
Section 31. Section 
35A-3-304
 is amended to read:
35A-3-304.
Assessment -- Participation requirements and limitations --
Employment plan -- Mentors.
(1) (a) Within 30 business days of the date of enrollment, the department shall provide
that a parent recipient:
(i) is assigned an employment counselor; and
(ii) completes an assessment provided by the department regarding the parent
recipient's:
(A) prior work experience;
(B) ability to become employable; and
(C) skills.
(b) The assessment provided under Subsection (1)(a)(ii) shall include a survey to be
completed by the parent recipient with the assistance of the department.
(2) (a) Within 15 business days of a parent recipient completing an assessment:
(i) the department and the parent recipient shall enter into an employment plan; and
(ii) the parent recipient shall complete a written questionnaire, provided by the
department, designed to accurately determine the likelihood of the parent recipient having a
substance use disorder involving the misuse of a controlled substance.
(b) The employment plan shall have a target date for entry into employment.
(c) The department shall provide a copy of the employment plan to the parent recipient.
(d) For the parent recipient, the employment plan may include:
(i) job searching requirements;
(ii) if the parent recipient does not have a high school diploma, participation in an
educational program to obtain a high school diploma, or its equivalent;
(iii) education or training necessary to obtain employment;
(iv) a combination of work and education or training; and
(v) assisting the Office of Recovery Services in good faith to:
(A) establish the paternity of a minor child; and
(B) establish or enforce a child support order.
(e) If the parent recipient tests positive for the unlawful use of a controlled substance
after taking a drug test under Section 
35A-3-304.5
, the employment plan shall include an
agreement by the parent recipient to:
(i) participate in treatment for a substance use disorder; and
(ii) meet the other requirements of Section 
35A-3-304.5
.
(f) The department's responsibilities under the employment plan may include:
(i) providing cash and other types of public and employment assistance, including child
care;
(ii) assisting the parent recipient to obtain education or training necessary for
employment;
(iii) assisting the parent recipient to set up and follow a household budget; and
(iv) assisting the parent recipient to obtain employment.
(g) The department may amend the employment plan to reflect new information or
changed circumstances.
(h) If immediate employment is an activity in the employment plan, the parent recipient
shall:
(i) promptly commence a search for employment for a specified number of hours each
week; and
(ii) regularly submit a report to the department on:
(A) how time was spent in search for a job;
(B) the number of job applications completed;
(C) the interviews attended;
(D) the offers of employment extended; and
(E) other related information required by the department.
(i) (i) If full-time education or training to secure employment is an activity in an
employment plan, the parent recipient shall promptly undertake a full-time education or
training program.
(ii) The employment plan may describe courses, education or training goals, and
classroom hours.
(j) (i) The department may only provide cash assistance under this part if the parent
recipient agrees in writing to make a good faith effort to comply with the parent recipient's
employment plan.
(ii) The department shall establish a process to reconcile disputes between a parent
recipient and the department as to whether:
(A) the parent recipient has made a good faith effort to comply with the employment
plan; or
(B) the department has complied with the employment plan.
(iii) If a parent recipient consistently fails to show good faith in complying with the
employment plan, the department may seek to terminate all or part of the cash assistance
services provided under this part.
(3) The department may only provide cash assistance on behalf of a minor child under
this part if the minor child is:
(a) enrolled in and attending school in compliance with Sections [
53A-11-101.5
]
53G-6-202
 and [
53A-11-101.7
] 
53G-6-203
; or
(b) exempt from school attendance under Section [
53A-11-102
] 
53G-6-204
.
(4) This section does not apply to a person who has received diversion assistance under
Section 
35A-3-303
.
(5) (a) The department may recruit and train volunteers to serve as mentors for parent
recipients.
(b) A mentor may advocate on behalf of a parent recipient and help a parent recipient:
(i) develop life skills;
(ii) implement an employment plan; or
(iii) obtain services and support from:
(A) the volunteer mentor;
(B) the department; or
(C) civic organizations.
Section 32. Section 
35A-9-401
 is amended to read:
35A-9-401.
Eligibility determination -- Awarding of scholarship.
(1) As used in this section:
(a) "Eligible child" means an individual who:
(i) is experiencing intergenerational poverty;
(ii) will be four years of age on or before September 2 of the school year in which the
individual intends to enroll in a school readiness program; and
(iii) has not enrolled in kindergarten, as reported by the individual's parent or legal
guardian.
(b) "Intergenerational poverty" means the same as that term is defined in Section
35A-9-102
.
(c) "Intergenerational poverty scholarship" or "IGP scholarship" means the same as that
term is defined in Section [
53A-1b-202
] 
53F-5-301
.
(2) The department shall determine if an applicant for an IGP scholarship is eligible for
the Intergenerational Poverty School Readiness Scholarship Program, created in Section
[
53A-1b-206
] 
53F-5-305
.
(3) An individual may apply to the department annually to qualify for a scholarship for
an eligible child to attend a high quality school readiness program.
(4) (a) The department shall create an application form that requires an applicant to
provide the information necessary for the department to make the eligibility determination
described in Subsection (5).
(b) The department may:
(i) require an applicant to submit supporting documentation; and
(ii) create a deadline for an applicant to apply for an IGP scholarship.
(5) The department shall determine if:
(a) the information contained in an application submitted under Subsection (3) is
accurate and complete; and
(b) the child for whom the applicant is applying for an IGP scholarship is an eligible
child.
(6) (a) Except as provided in Subsection (6)(b), and subject to legislative
appropriations, the department shall:
(i) award an IGP scholarship for an individual who is determined to be an eligible child
under Subsection (5); and
(ii) with input from the State Board of Education, determine the value of an IGP
scholarship.
(b) If the department receives an appropriation for IGP scholarships that is not
sufficient to award a scholarship to each eligible child, the department shall prioritize awarding
IGP scholarships to eligible children who are at the highest risk as determined by the
department.
(7) The department shall coordinate with the State Board of Education, as necessary, to
enroll a recipient of an IGP scholarship in a high quality school readiness program of the
recipient's parent's choice, space permitting, as described in Section [
53A-1b-206
] 
53F-5-305
.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules to administer this section.
Section 33. Section 
35A-13-403
 is amended to read:
35A-13-403.
Services provided by the division.
The division may:
(1) provide:
(a) a business enterprise program;
(b) workshops, employment, and training; and
(c) vocational rehabilitation, training and adjustment, sight conservation, prevention of
blindness, low vision lenses, and recreational services;
(2) assist public education officials in the discharge of their duties towards children
who are blind or have visual impairments, and perform services related to vision screening
under Section [
53A-11-203
] 
53G-9-404
;
(3) maintain a register of individuals who are blind or have visual impairments,
including such facts as the office considers necessary for proper planning, administration, and
operations, but protecting against unwarranted invasions of privacy;
(4) establish and operate community service centers, rehabilitation facilities, and
workshops; and
(5) perform other duties assigned by the director or the executive director.
Section 34. Section 
36-22-2
 is amended to read:
36-22-2.
Duties.
(1) The committee shall:
(a) serve as a liaison between Utah Native American tribes and the Legislature;
(b) recommend legislation for each annual general session of the Legislature if the
committee determines that modifications to current law are in the best interest of the state of
Utah and of the Utah Native American tribes;
(c) review the operations of the Division of Indian Affairs and other state agencies
working with Utah Native American tribes;
(d) help sponsor meetings and other opportunities for discussion with and between
Native Americans; and
(e) hold a meeting at which public education is discussed as required by Section
[
53A-31-405
] 
53F-5-604
.
(2) In conducting its business, the committee shall comply with the rules of legislative
interim committees.
Section 35. Section 
41-1a-422
 is amended to read:
41-1a-422.
Support special group license plates -- Contributor -- Voluntary
contribution collection procedures.
(1) As used in this section:
(a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
has donated or in whose name at least $25 has been donated to:
(A) a scholastic scholarship fund of a single named institution;
(B) the Department of Veterans' and Military Affairs for veterans' programs;
(C) the Division of Wildlife Resources for the Wildlife Resources Account created in
Section 
23-14-13
, for conservation of wildlife and the enhancement, preservation, protection,
access, and management of wildlife habitat;
(D) the Department of Agriculture and Food for the benefit of conservation districts;
(E) the Division of Parks and Recreation for the benefit of snowmobile programs;
(F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
the donation evenly divided between the two;
(G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
council as specified by the contributor;
(H) No More Homeless Pets in Utah for distribution to organizations or individuals
that provide spay and neuter programs that subsidize the sterilization of domestic animals;
(I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
development programs;
(J) the Utah Association of Public School Foundations to support public education;
(K) the Utah Housing Opportunity Restricted Account created in Section 
61-2-204
 to
assist people who have severe housing needs;
(L) the Public Safety Honoring Heroes Restricted Account created in Section 
53-1-118
to support the families of fallen Utah Highway Patrol troopers and other Department of Public
Safety employees;
(M) the Division of Parks and Recreation for distribution to organizations that provide
support for Zion National Park;
(N) the Firefighter Support Restricted Account created in Section 
53-7-109
 to support
firefighter organizations;
(O) the Share the Road Bicycle Support Restricted Account created in Section
72-2-127
 to support bicycle operation and safety awareness programs;
(P) the Cancer Research Restricted Account created in Section 
26-21a-302
 to support
cancer research programs;
(Q) Autism Awareness Restricted Account created in Section [
53A-1-304
] 
53F-9-401
to support autism awareness programs;
(R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
created in Section 
9-17-102
 to support humanitarian service and educational and cultural
programs;
(S) Prostate Cancer Support Restricted Account created in Section 
26-21a-303
 for
programs that conduct or support prostate cancer awareness, screening, detection, or prevention
until September 30, 2017, and beginning on October 1, 2017, upon renewal of a prostate cancer
support special group license plate, to the Cancer Research Restricted Account created in
Section 
26-21a-302
 to support cancer research programs;
(T) the Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
 to support programs that promote adoption;
(U) the Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
;
(V) the National Professional Men's Basketball Team Support of Women and Children
Issues Restricted Account created in Section 
62A-1-202
;
(W) the Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
;
(X) the Children with Cancer Support Restricted Account created in Section
26-21a-304
 for programs that provide assistance to children with cancer;
(Y) the National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
;
(Z) the Children with Heart Disease Support Restricted Account created in Section
26-58-102
;
(AA) the Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
; or
(BB) the Division of Wildlife Resources for the Support for State-Owned Shooting
Ranges Restricted Account created in Section 
23-14-13.5
, for the creation of new, and
operation and maintenance of existing, state-owned firearm shooting ranges.
(ii) (A) For a veterans' special group license plate, "contributor" means a person who
has donated or in whose name at least a $25 donation at the time of application and $10 annual
donation thereafter has been made.
(B) For a Utah Housing Opportunity special group license plate, "contributor" means a
person who:
(I) has donated or in whose name at least $30 has been donated at the time of
application and annually after the time of application; and
(II) is a member of a trade organization for real estate licensees that has more than
15,000 Utah members.
(C) For an Honoring Heroes special group license plate, "contributor" means a person
who has donated or in whose name at least $35 has been donated at the time of application and
annually thereafter.
(D) For a firefighter support special group license plate, "contributor" means a person
who:
(I) has donated or in whose name at least $15 has been donated at the time of
application and annually after the time of application; and
(II) is a currently employed, volunteer, or retired firefighter.
(E) For a cancer research special group license plate, "contributor" means a person who
has donated or in whose name at least $35 has been donated at the time of application and
annually after the time of application.
(F) For a Martin Luther King, Jr. Civil Rights Support special group license plate,
"contributor" means a person who has donated or in whose name at least $35 has been donated
at the time of application and annually thereafter.
(G) For a Utah Law Enforcement Memorial Support special group license plate,
"contributor" means a person who has donated or in whose name at least $35 has been donated
at the time of application and annually thereafter.
(b) "Institution" means a state institution of higher education as defined under Section
53B-3-102
 or a private institution of higher education in the state accredited by a regional or
national accrediting agency recognized by the United States Department of Education.
(2) (a) An applicant for original or renewal collegiate special group license plates under
Subsection (1)(a)(i) must be a contributor to the institution named in the application and
present the original contribution verification form under Subsection (2)(b) or make a
contribution to the division at the time of application under Subsection (3).
(b) An institution with a support special group license plate shall issue to a contributor
a verification form designed by the commission containing:
(i) the name of the contributor;
(ii) the institution to which a donation was made;
(iii) the date of the donation; and
(iv) an attestation that the donation was for a scholastic scholarship.
(c) The state auditor may audit each institution to verify that the money collected by the
institutions from contributors is used for scholastic scholarships.
(d) After an applicant has been issued collegiate license plates or renewal decals, the
commission shall charge the institution whose plate was issued, a fee determined in accordance
with Section 
63J-1-504
 for management and administrative expenses incurred in issuing and
renewing the collegiate license plates.
(e) If the contribution is made at the time of application, the contribution shall be
collected, treated, and deposited as provided under Subsection (3).
(3) (a) An applicant for original or renewal support special group license plates under
this section must be a contributor to the sponsoring organization associated with the license
plate.
(b) This contribution shall be:
(i) unless collected by the named institution under Subsection (2), collected by the
division;
(ii) considered a voluntary contribution for the funding of the activities specified under
this section and not a motor vehicle registration fee;
(iii) deposited into the appropriate account less actual administrative costs associated
with issuing the license plates; and
(iv) for a firefighter special group license plate, deposited into the appropriate account
less:
(A) the costs of reordering firefighter special group license plate decals; and
(B) the costs of replacing recognition special group license plates with new license
plates under Subsection 
41-1a-1211
(13).
(c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
registration or renewal of registration.
(d) The donation described in Subsection (1)(a) shall be a one-time donation made to
the division when issuing original:
(i) snowmobile license plates; or
(ii) conservation license plates.
(4) Veterans' license plates shall display one of the symbols representing the Army,
Navy, Air Force, Marines, Coast Guard, or American Legion.
Section 36. 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
] 
53G-4-402
.
(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.
Section 37. Section 
41-6a-1307
 is amended to read:
41-6a-1307.
School bus parking zones -- Establishment -- Uniform markings --
Penalty.
(1) As used in this section, "school bus parking zone" means a parking space that is
clearly identified as reserved for use by a school bus.
(2) A highway authority for highways under its jurisdiction and school boards for
roadways located on school property may establish and locate school bus parking zones in
accordance with specifications established under Subsection (3).
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Department of Transportation, after consultation with local highway authorities and school
boards which may include input from school traffic safety committees established under
Section [
53A-3-402
] 
53G-4-402
, shall make rules establishing specifications for uniform
signage or markings to clearly identify school bus parking zones.
(4) A person may not stop, stand, or park a vehicle other than a school bus, whether
occupied or not, in a clearly identified school bus parking zone.
(5) (a) A violation of Subsection (4) is an infraction.
(b) A person who violates Subsection (4) shall pay a minimum fine of $75.
Section 38. Section 
41-6a-1309
 is amended to read:
41-6a-1309.
Advertising on a school bus.
(1) A local school board or charter school governing board may sell advertising space
on the exterior of a school bus in accordance with this section.
(2) (a) A local school board or charter school governing board that sells advertising
space on the exterior of a school bus shall adopt guidelines for the type of advertising that will
be permitted.
(b) Advertising on a school bus:
(i) shall be age appropriate;
(ii) shall be consistent with the instructional requirements of Section [
53A-13-101
]
53G-10-402
;
(iii) may not contain:
(A) promotion of any substance or activity that is illegal for minors, such as alcohol,
tobacco, drugs, or gambling;
(B) promotion of any political party, candidate, or issue; or
(C) sexual material; and
(iv) may not resemble a traffic-control device as defined in Section 
41-6a-102
.
(3) (a) The Department of Transportation shall make and enforce rules pursuant to
Section 
41-6a-1304
 governing the placement and size of an advertisement on a school bus.
(b) Rules made under Subsection (3)(a) shall:
(i) prohibit the placement of an advertisement on the back or the front of a school bus;
and
(ii) limit the size of an advertisement to no more than 35% of the area of the side of a
school bus.
(4) (a) A school bus advertisement shall be painted or affixed by decal on a school bus
in a manner that complies with rules adopted under Subsection (3).
(b) A commercial advertiser that contracts with a school district for the use of space for
an advertisement shall pay:
(i) the cost of placing the advertisement on a school bus; and
(ii) for the removal of the advertisement after the term of the contract has expired.
(5) A school district or charter school shall use revenue from the sale of advertising
space on a school bus for expenditures made within accounting function classification 2700,
School Transportation Services, of the Financial Accounting for Local and State School
Systems guidelines developed by the National Center for Education Statistics.
Section 39. Section 
49-12-102
 is amended to read:
49-12-102.
Definitions.
As used in this chapter:
(1) "Benefits normally provided":
(a) means a benefit offered by an employer, including:
(i) a leave benefit of any kind;
(ii) insurance coverage of any kind if the employer pays some or all of the premium for
the coverage;
(iii) employer contributions to a health savings account, health reimbursement account,
health reimbursement arrangement, or medical expense reimbursement plan; and
(iv) a retirement benefit of any kind if the employer pays some or all of the cost of the
benefit; and
(b) does not include:
(i) a payment for social security;
(ii) workers' compensation insurance;
(iii) unemployment insurance;
(iv) a payment for Medicare;
(v) a payment or insurance required by federal or state law that is similar to a payment
or insurance listed in Subsection (1)(b)(i), (ii), (iii), or (iv);
(vi) any other benefit that state or federal law requires an employer to provide an
employee who would not otherwise be eligible to receive the benefit; or
(vii) any benefit that an employer provides an employee in order to avoid a penalty or
tax under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 and the Health
Care Education Reconciliation Act of 2010, Pub. L. No. 111-152, and related federal
regulations, including a penalty imposed by Internal Revenue Code, Section 4980H.
(2) (a) "Compensation" means, except as provided in Subsection (2)(c), the total
amount of payments made by a participating employer to a member of this system for services
rendered to the participating employer, including:
(i) bonuses;
(ii) cost-of-living adjustments;
(iii) other payments currently includable in gross income and that are subject to social
security deductions, including any payments in excess of the maximum amount subject to
deduction under social security law;
(iv) amounts that the member authorizes to be deducted or reduced for salary deferral
or other benefits authorized by federal law; and
(v) member contributions.
(b) "Compensation" for purposes of this chapter may not exceed the amount allowed
under Internal Revenue Code, Section 401(a)(17).
(c) "Compensation" does not include:
(i) the monetary value of remuneration paid in kind, including a residence or use of
equipment;
(ii) the cost of any employment benefits paid for by the participating employer;
(iii) compensation paid to a temporary employee, an exempt employee, or an employee
otherwise ineligible for service credit;
(iv) any payments upon termination, including accumulated vacation, sick leave
payments, severance payments, compensatory time payments, or any other special payments;
(v) any allowances or payments to a member for costs or expenses paid by the
participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
housing costs, insurance costs, equipment costs, and dependent care costs; or
(vi) a teacher salary bonus described in Section [
53A-17a-173
] 
53F-2-513
.
(d) The executive director may determine if a payment not listed under this Subsection
(2) falls within the definition of compensation.
(3) "Final average salary" means the amount calculated by averaging the highest five
years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), (d),
and (e).
(a) Except as provided in Subsection (3)(b), the percentage increase in annual
compensation in any one of the years used may not exceed the previous year's compensation by
more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
of the dollar during the previous year, as measured by a United States Bureau of Labor
Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the
office, the limitation in Subsection (3)(a) may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(c) If the member retires more than six months from the date of termination of
employment, the member is considered to have been in service at the member's last rate of pay
from the date of the termination of employment to the effective date of retirement for purposes
of computing the member's final average salary only.
(d) If the member has less than five years of service credit in this system, final average
salary means the average annual compensation paid to the member during the full period of
service credit.
(e) The annual compensation used to calculate final average salary shall be based on:
(i) a calendar year for a member employed by a participating employer that is not an
educational institution; or
(ii) a contract year for a member employed by an educational institution.
(4) "Participating employer" means an employer which meets the participation
requirements of Sections 
49-12-201
 and 
49-12-202
.
(5) (a) "Regular full-time employee" means an employee whose term of employment
for a participating employer contemplates continued employment during a fiscal or calendar
year and whose employment normally requires an average of 20 hours or more per week,
except as modified by the board, and who receives benefits normally provided by the
participating employer.
(b) "Regular full-time employee" includes:
(i) a teacher whose term of employment for a participating employer contemplates
continued employment during a school year and who teaches half-time or more;
(ii) a classified school employee:
(A) who is hired before July 1, 2013; and
(B) whose employment normally requires an average of 20 hours per week or more for
a participating employer, regardless of benefits provided;
(iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
of January 1, 1990, as provided in Section 
49-12-407
;
(iv) a faculty member or employee of an institution of higher education who is
considered full-time by that institution of higher education; and
(v) an individual who otherwise meets the definition of this Subsection (5) who
performs services for a participating employer through a professional employer organization or
similar arrangement.
(c) "Regular full-time employee" does not include a classified school employee:
(i) (A) who is hired on or after July 1, 2013; and
(B) who does not receive benefits normally provided by the participating employer
even if the employment normally requires an average of 20 hours per week or more for a
participating employer;
(ii) (A) who is hired before July 1, 2013;
(B) who did not qualify as a regular full-time employee before July 1, 2013;
(C) who does not receive benefits normally provided by the participating employer;
and
(D) whose employment hours are increased on or after July 1, 2013, to require an
average of 20 hours per week or more for a participating employer; or
(iii) who is a person working on a contract:
(A) for the purposes of vocational rehabilitation and the employment and training of
people with significant disabilities; and
(B) that has been set aside from procurement requirements by the state pursuant to
Section 
63G-6a-805
 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
(6) "System" means the Public Employees' Contributory Retirement System created
under this chapter.
(7) "Years of service credit" means:
(a) a period consisting of 12 full months as determined by the board;
(b) a period determined by the board, whether consecutive or not, during which a
regular full-time employee performed services for a participating employer, including any time
the regular full-time employee was absent on a paid leave of absence granted by a participating
employer or was absent in the service of the United States government on military duty as
provided by this chapter; or
(c) the regular school year consisting of not less than eight months of full-time service
for a regular full-time employee of an educational institution.
Section 40. Section 
49-12-202
 is amended to read:
49-12-202.
Participation of employers -- Limitations -- Exclusions -- Admission
requirements -- Exceptions -- Nondiscrimination requirements.
(1) (a) Unless excluded under Subsection (2), an employer is a participating employer
and may not withdraw from participation in this system.
(b) In addition to their participation in this system, participating employers may
provide or participate in public or private retirement, supplemental or defined contribution
plan, either directly or indirectly, for their employees.
(2) The following employers may be excluded from participation in this system:
(a) an employer not initially admitted or included as a participating employer in this
system prior to January 1, 1982 if:
(i) the employer elects not to provide or participate in any type of private or public
retirement, supplemental or defined contribution plan, either directly or indirectly, for its
employees, except for Social Security; or
(ii) the employer offers another collectively bargained retirement benefit and has
continued to do so on an uninterrupted basis since that date;
(b) an employer that is a charter school authorized under [
Title 53A, Chapter 1a, Part 5,
The Utah Charter Schools Act
] 
Title 53G, Chapter 5, Part 3, Charter School Authorization
, and
does not elect to participate in accordance with Section [
53A-1a-512
] 
53G-5-407
;
(c) an employer that is a hospital created as a special service district under Title 17D,
Chapter 1, Special Service District Act, that makes an election of nonparticipation in
accordance with Subsection (4); or
(d) an employer that is licensed as a nursing care facility under Title 26, Chapter 21,
Health Care Facility Licensing and Inspection Act, and created as a special service district
under Title 17D, Chapter 1, Special Service District Act, in a rural area of the state that makes
an election of nonparticipation in accordance with Subsection (4).
(3) An employer who did not become a participating employer in this system prior to
July 1, 1986, may not participate in this system.
(4) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service
district under Title 17D, Chapter 1, Special Service District Act, may make an election of
nonparticipation as an employer for retirement programs under this chapter.
(ii) Until June 30, 2014, an employer that is licensed as a nursing care facility under
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, and created as a
special service district under Title 17D, Chapter 1, Special Service District Act, in a rural area
of the state may make an election of nonparticipation as an employer for retirement programs
under this chapter.
(b) An election provided under Subsection (4)(a):
(i) is a one-time election made no later than the time specified under Subsection (4)(a);
(ii) shall be documented by a resolution adopted by the governing body of the special
service district;
(iii) is irrevocable; and
(iv) applies to the special service district as the employer and to all employees of the
special service district.
(c) The governing body of the special service district may offer employee benefit plans
for its employees:
(i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
or
(ii) under any other program.
(5) (a) If a participating employer purchases service credit on behalf of regular
full-time employees for service rendered prior to the participating employer's admission to this
system, the service credit shall be purchased in a nondiscriminatory manner on behalf of all
current and former regular full-time employees who were eligible for service credit at the time
service was rendered.
(b) For a purchase made under this Subsection (5), an employee is not required to:
(i) have at least four years of service credit before the purchase can be made; or
(ii) forfeit service credit or any defined contribution balance based on the employer
contributions under any other retirement system or plan based on the period of employment for
which service credit is being purchased.
Section 41. Section 
49-12-701
 is amended to read:
49-12-701.
 Early retirement incentive -- Eligibility -- Calculation of benefit --
Payment of costs -- Savings to be appropriated by Legislature -- Restrictions on
reemployment.
(1) Any member of this system may retire and receive the allowance allowed under
Subsection (2) if the member meets the following requirements as of the member's retirement
date:
(a) the member is eligible for retirement under Section 
49-12-401
, or has 25 years of
service credit;
(b) the member elects to forfeit any stipend for retirement offered by the participating
employer; and
(c) the member elects to retire from this system by applying for retirement by the date
established under Subsection (3)(a) or (3)(b).
(2) (a) A member who retires under Subsection (1) shall receive 2% of that member's
final average salary for all years of service credit.
(b) An actuarial reduction may not be applied to the allowance granted under this
section.
(3) In order to receive the allowance allowed by this section, a member shall submit an
application to the office as follows:
(a) (i) For state and school employees under Level A, the application shall be filed by
May 31, 1987. The member's retirement date shall then be set by the member on the 1st or 16th
day of July, August, or September, 1987.
(ii) If a Level A member elects to retire, the executive director or participating
employer may request the member to delay the retirement date until a later date, but no later
than June 30, 1988.
(iii) If the member agrees to delay the retirement date, the retirement date shall be
delayed, but service credit may not be accrued after the member's original retirement date
elected by the member, and compensation earned after the member's original retirement date
may not be used in the calculation of the final average salary for determining the retirement
allowance.
(b) (i) For political subdivision employees under Level B, the application shall be filed
by September 30, 1987.
(ii) The retirement date shall then be set by the member on the 1st or 16th day of July,
August, September, October, November, or December, 1987.
(4) (a) The cost of providing the allowance under this section shall be funded in fiscal
year 1987-88 by a supplemental appropriation in the 1988 General Session based on the
retirement contribution rate increase established by the consulting actuary and approved by the
board.
(b) The cost of providing the allowance under this section shall be funded beginning
July 1, 1988, by means of an increase in the retirement contribution rate established by the
consulting actuary and approved by the board.
(c) The rate increase under Subsections (4)(a) and (b) shall be funded:
(i) for state employees, by an appropriation from the account established by the
Division of Finance under Subsection (4)(d), which is funded by savings derived from this
early retirement incentive and a work force reduction;
(ii) for school employees, by direct contributions from the employing unit, which may
not be funded through an increase in the retirement contribution amount established in [
Title
53A, Chapter 17a, Minimum School Program Act
] 
Title 53F, Chapter 2, State Funding --
Minimum School Program
; and
(iii) for political subdivisions under Level B, by direct contributions by the
participating employer.
(d) (i) Each year, any excess savings derived from this early retirement incentive which
are above the costs of funding the increase and the costs of paying insurance, sick leave,
compensatory leave, and vacation leave under Subsections (4)(c)(i) and (ii) shall be reported to
the Legislature and shall be appropriated as provided by law.
(ii) In the case of Subsection (4)(c)(i), the Division of Finance shall establish an
account into which all savings derived from this early retirement incentive shall be deposited as
the savings are realized.
(iii) In the case of Subsection (4)(c)(ii), the State Board of Education shall certify the
amount of savings derived from this early retirement incentive.
(iv) The State Board of Education and the participating employer may not spend the
savings until appropriated by the Legislature as provided by law.
(5) A member who retires under this section is subject to Section 
49-11-504
 and
Chapter 11, Part 12, Postretirement Reemployment Restrictions Act.
(6) The board may adopt rules to administer this section.
(7) The Legislative Auditor General shall perform an audit to ensure compliance with
this section.
Section 42. Section 
49-13-102
 is amended to read:
49-13-102.
Definitions.
As used in this chapter:
(1) "Benefits normally provided" has the same meaning as defined in Section
49-12-102
.
(2) (a) Except as provided in Subsection (2)(c), "compensation" means the total
amount of payments made by a participating employer to a member of this system for services
rendered to the participating employer, including:
(i) bonuses;
(ii) cost-of-living adjustments;
(iii) other payments currently includable in gross income and that are subject to social
security deductions, including any payments in excess of the maximum amount subject to
deduction under social security law; and
(iv) amounts that the member authorizes to be deducted or reduced for salary deferral
or other benefits authorized by federal law.
(b) "Compensation" for purposes of this chapter may not exceed the amount allowed
under Internal Revenue Code, Section 401(a)(17).
(c) "Compensation" does not include:
(i) the monetary value of remuneration paid in kind, including a residence or use of
equipment;
(ii) the cost of any employment benefits paid for by the participating employer;
(iii) compensation paid to a temporary employee, an exempt employee, or an employee
otherwise ineligible for service credit;
(iv) any payments upon termination, including accumulated vacation, sick leave
payments, severance payments, compensatory time payments, or any other special payments;
(v) any allowances or payments to a member for costs or expenses paid by the
participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
housing costs, insurance costs, equipment costs, and dependent care costs; or
(vi) a teacher salary bonus described in Section [
53A-17a-173
] 
53F-2-513
.
(d) The executive director may determine if a payment not listed under this Subsection
(2) falls within the definition of compensation.
(3) "Final average salary" means the amount calculated by averaging the highest three
years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), and
(d).
(a) Except as provided in Subsection (3)(b), the percentage increase in annual
compensation in any one of the years used may not exceed the previous year's compensation by
more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
of the dollar during the previous year, as measured by a United States Bureau of Labor
Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the
office, the limitation in Subsection (3)(a) may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(c) If the member retires more than six months from the date of termination of
employment and for purposes of computing the member's final average salary only, the
member is considered to have been in service at the member's last rate of pay from the date of
the termination of employment to the effective date of retirement.
(d) The annual compensation used to calculate final average salary shall be based on:
(i) a calendar year for a member employed by a participating employer that is not an
educational institution; or
(ii) a contract year for a member employed by an educational institution.
(4) "Participating employer" means an employer which meets the participation
requirements of Sections 
49-13-201
 and 
49-13-202
.
(5) (a) "Regular full-time employee" means an employee whose term of employment
for a participating employer contemplates continued employment during a fiscal or calendar
year and whose employment normally requires an average of 20 hours or more per week,
except as modified by the board, and who receives benefits normally provided by the
participating employer.
(b) "Regular full-time employee" includes:
(i) a teacher whose term of employment for a participating employer contemplates
continued employment during a school year and who teaches half time or more;
(ii) a classified school employee:
(A) who is hired before July 1, 2013; and
(B) whose employment normally requires an average of 20 hours per week or more for
a participating employer, regardless of benefits provided;
(iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
of January 1, 1990, as provided in Section 
49-13-407
;
(iv) a faculty member or employee of an institution of higher education who is
considered full time by that institution of higher education; and
(v) an individual who otherwise meets the definition of this Subsection (5) who
performs services for a participating employer through a professional employer organization or
similar arrangement.
(c) "Regular full-time employee" does not include a classified school employee:
(i) (A) who is hired on or after July 1, 2013; and
(B) who does not receive benefits normally provided by the participating employer
even if the employment normally requires an average of 20 hours per week or more for a
participating employer;
(ii) (A) who is hired before July 1, 2013;
(B) who did not qualify as a regular full-time employee before July 1, 2013;
(C) who does not receive benefits normally provided by the participating employer;
and
(D) whose employment hours are increased on or after July 1, 2013, to require an
average of 20 hours per week or more for a participating employer; or
(iii) who is a person working on a contract:
(A) for the purposes of vocational rehabilitation and the employment and training of
people with significant disabilities; and
(B) that has been set aside from procurement requirements by the state pursuant to
Section 
63G-6a-805
 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
(6) "System" means the Public Employees' Noncontributory Retirement System.
(7) "Years of service credit" means:
(a) a period consisting of 12 full months as determined by the board;
(b) a period determined by the board, whether consecutive or not, during which a
regular full-time employee performed services for a participating employer, including any time
the regular full-time employee was absent on a paid leave of absence granted by a participating
employer or was absent in the service of the United States government on military duty as
provided by this chapter; or
(c) the regular school year consisting of not less than eight months of full-time service
for a regular full-time employee of an educational institution.
Section 43. Section 
49-13-202
 is amended to read:
49-13-202.
Participation of employers -- Limitations -- Exclusions -- Admission
requirements -- Nondiscrimination requirements -- Service credit purchases.
(1) (a) Unless excluded under Subsection (2), an employer is a participating employer
and may not withdraw from participation in this system.
(b) In addition to their participation in this system, participating employers may
provide or participate in any additional public or private retirement, supplemental or defined
contribution plan, either directly or indirectly, for their employees.
(2) The following employers may be excluded from participation in this system:
(a) an employer not initially admitted or included as a participating employer in this
system before January 1, 1982, if:
(i) the employer elects not to provide or participate in any type of private or public
retirement, supplemental or defined contribution plan, either directly or indirectly, for its
employees, except for Social Security; or
(ii) the employer offers another collectively bargained retirement benefit and has
continued to do so on an uninterrupted basis since that date;
(b) an employer that is a charter school authorized under [
Title 53A, Chapter 1a, Part 5,
The Utah Charter Schools Act
] 
Title 53G, Chapter 5, Part 3, Charter School Authorization
, and
does not elect to participate in accordance with Section [
53A-1a-512
] 
53G-5-407
;
(c) an employer that is a hospital created as a special service district under Title 17D,
Chapter 1, Special Service District Act, that makes an election of nonparticipation in
accordance with Subsection (5);
(d) an employer that is licensed as a nursing care facility under Title 26, Chapter 21,
Health Care Facility Licensing and Inspection Act, and created as a special service district
under Title 17D, Chapter 1, Special Service District Act, in a rural area of the state that makes
an election of nonparticipation in accordance with Subsection (5); or
(e) an employer that is a risk management association initially created by interlocal
agreement before 1986 for the purpose of implementing a self-insurance joint protection
program for the benefit of member municipalities of the association.
(3) If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to
provide or participate in any type of public or private retirement, supplemental or defined
contribution plan, either directly or indirectly, except for Social Security, the employer shall be
a participating employer in this system regardless of whether the employer has applied for
admission under Subsection (4).
(4) (a) An employer may, by resolution of its governing body, apply for admission to
this system.
(b) Upon approval of the resolution by the board, the employer is a participating
employer in this system and is subject to this title.
(5) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service
district under Title 17D, Chapter 1, Special Service District Act, may make an election of
nonparticipation as an employer for retirement programs under this chapter.
(ii) Until June 30, 2014, an employer that is licensed as a nursing care facility under
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, and created as a
special service district under Title 17D, Chapter 1, Special Service District Act, in a rural area
of the state may make an election of nonparticipation as an employer for retirement programs
under this chapter.
(iii) On or before July 1, 2010, an employer described in Subsection (2)(e) may make
an election of nonparticipation as an employer for retirement programs under this chapter.
(b) An election provided under Subsection (5)(a):
(i) is a one-time election made no later than the time specified under Subsection (5)(a);
(ii) shall be documented by a resolution adopted by the governing body of the
employer;
(iii) is irrevocable; and
(iv) applies to the employer as described in Subsection (5)(a)(i), (ii), or (iii) and to all
employees of that employer.
(c) The employer making an election under Subsection (5)(a) may offer employee
benefit plans for its employees:
(i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
or
(ii) under any other program.
(6) (a) If a participating employer purchases service credit on behalf of regular
full-time employees for service rendered prior to the participating employer's admission to this
system, the service credit shall be purchased in a nondiscriminatory manner on behalf of all
current and former regular full-time employees who were eligible for service credit at the time
service was rendered.
(b) For a purchase made under this Subsection (6), an employee is not required to:
(i) have at least four years of service credit before the purchase can be made; or
(ii) forfeit service credit or any defined contribution balance based on the employer
contributions under any other retirement system or plan based on the period of employment for
which service credit is being purchased.
Section 44. Section 
49-13-701
 is amended to read:
49-13-701.
Early retirement incentive -- Eligibility -- Calculation of benefit --
Payment of costs -- Savings to be appropriated by Legislature -- Restrictions on
reemployment.
(1) Any member of this system may retire and receive the allowance allowed under
Subsection (2) if the member meets the following requirements as of the member's retirement:
(a) the member is eligible for retirement under Section 
49-13-401
, or has 25 years of
service credit;
(b) the member elects to forfeit any stipend for retirement offered by the participating
employer; and
(c) the member elects to retire from this system by applying for retirement by the date
established under Subsection (3)(a) or (3)(b).
(2) (a) A member who retires under Subsection (1) shall receive 2% of that member's
final average salary for all years of service credit.
(b) No actuarial reduction may be applied to the allowance granted under this section.
(3) In order to receive the allowance allowed by this section, a member shall submit an
application to the office as follows:
(a) (i) For state and school employees under Level A, the application shall be filed by
May 31, 1987. The member's retirement date shall then be set by the member on the 1st or 16th
day of July, August, or September, 1987.
(ii) If a Level A member elects to retire, the executive director or participating
employer may request the member to delay the retirement date until a later date, but no later
than June 30, 1988.
(iii) If the member agrees to delay the retirement date, the retirement date shall be
delayed, but service credit may not be accrued after the member's original retirement date
elected by the member, and compensation earned after the member's original retirement date
may not be used in the calculation of the final average salary for determining the retirement
allowance.
(b) (i) For political subdivision employees under Level B, the application shall be filed
by September 30, 1987.
(ii) The member's retirement date shall then be set by the member on the 1st or 16th
day of July, August, September, October, November, or December, 1987.
(4) (a) The cost of providing the allowance under this section shall be funded in fiscal
year 1987-88 by a supplemental appropriation in the 1988 General Session based on the
retirement contribution rate increase established by the consulting actuary and approved by the
board.
(b) The cost of providing the allowance under this section shall be funded beginning
July 1, 1988, by means of an increase in the retirement contribution rate established by the
consulting actuary and approved by the board.
(c) The rate increase under Subsections (4)(a) and (b) shall be funded:
(i) for state employees, by an appropriation from the account established by the
Division of Finance under Subsection (4)(d), which is funded by savings derived from this
early retirement incentive and a work force reduction;
(ii) for school employees, by direct contributions from the employing unit, which may
not be funded through an increase in the retirement contribution amount established in [
Title
53A, Chapter 17a, Minimum School Program Act
] 
Title 53F, Chapter 2, State Funding --
Minimum School Program
; and
(iii) for political subdivisions under Level B, by direct contributions by the
participating employer.
(d) (i) Each year, any excess savings derived from this early retirement incentive which
are above the costs of funding the increase and the costs of paying insurance, sick leave,
compensatory leave, and vacation leave under Subsections (4)(c)(i) and (ii) shall be reported to
the Legislature and shall be appropriated as provided by law.
(ii) In the case of Subsection (4)(c)(i), the Division of Finance shall establish an
account into which all savings derived from this early retirement incentive shall be deposited as
the savings are realized.
(iii) In the case of Subsection (4)(c)(ii), the State Board of Education shall certify the
amount of savings derived from this early retirement incentive.
(iv) The State Board of Education and the participating employer may not spend the
savings until appropriated by the Legislature as provided by law.
(5) A member who retires under this section is subject to Section 
49-11-504
 and
Chapter 11, Part 12, Postretirement Reemployment Restrictions Act.
(6) The board may make rules to administer this section.
(7) The Legislative Auditor General shall perform an audit to ensure compliance with
this section.
Section 45. Section 
49-22-102
 is amended to read:
49-22-102.
 Definitions.
As used in this chapter:
(1) "Benefits normally provided" has the same meaning as defined in Section
49-12-102
.
(2) (a) "Compensation" means, except as provided in Subsection (2)(c), the total
amount of payments made by a participating employer to a member of this system for services
rendered to the participating employer, including:
(i) bonuses;
(ii) cost-of-living adjustments;
(iii) other payments currently includable in gross income and that are subject to social
security deductions, including any payments in excess of the maximum amount subject to
deduction under social security law;
(iv) amounts that the member authorizes to be deducted or reduced for salary deferral
or other benefits authorized by federal law; and
(v) member contributions.
(b) "Compensation" for purposes of this chapter may not exceed the amount allowed
under Internal Revenue Code, Section 401(a)(17).
(c) "Compensation" does not include:
(i) the monetary value of remuneration paid in kind, including a residence or use of
equipment;
(ii) the cost of any employment benefits paid for by the participating employer;
(iii) compensation paid to a temporary employee or an employee otherwise ineligible
for service credit;
(iv) any payments upon termination, including accumulated vacation, sick leave
payments, severance payments, compensatory time payments, or any other special payments;
(v) any allowances or payments to a member for costs or expenses paid by the
participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
housing costs, insurance costs, equipment costs, and dependent care costs; or
(vi) a teacher salary bonus described in Section [
53A-17a-173
] 
53F-2-513
.
(d) The executive director may determine if a payment not listed under this Subsection
(2) falls within the definition of compensation.
(3) "Corresponding Tier I system" means the system or plan that would have covered
the member if the member had initially entered employment before July 1, 2011.
(4) "Final average salary" means the amount calculated by averaging the highest five
years of annual compensation preceding retirement subject to Subsections (4)(a), (b), (c), (d),
and (e).
(a) Except as provided in Subsection (4)(b), the percentage increase in annual
compensation in any one of the years used may not exceed the previous year's compensation by
more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
of the dollar during the previous year, as measured by a United States Bureau of Labor
Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the
office, the limitation in Subsection (4)(a) may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(c) If the member retires more than six months from the date of termination of
employment, the member is considered to have been in service at the member's last rate of pay
from the date of the termination of employment to the effective date of retirement for purposes
of computing the member's final average salary only.
(d) If the member has less than five years of service credit in this system, final average
salary means the average annual compensation paid to the member during the full period of
service credit.
(e) The annual compensation used to calculate final average salary shall be based on:
(i) a calendar year for a member employed by a participating employer that is not an
educational institution; or
(ii) a contract year for a member employed by an educational institution.
(5) "Participating employer" means an employer which meets the participation
requirements of:
(a) Sections 
49-12-201
 and 
49-12-202
;
(b) Sections 
49-13-201
 and 
49-13-202
;
(c) Section 
49-19-201
; or
(d) Section 
49-22-201
 or 
49-22-202
.
(6) (a) "Regular full-time employee" means an employee whose term of employment
for a participating employer contemplates continued employment during a fiscal or calendar
year and whose employment normally requires an average of 20 hours or more per week,
except as modified by the board, and who receives benefits normally provided by the
participating employer.
(b) "Regular full-time employee" includes:
(i) a teacher whose term of employment for a participating employer contemplates
continued employment during a school year and who teaches half time or more;
(ii) a classified school employee:
(A) who is hired before July 1, 2013; and
(B) whose employment normally requires an average of 20 hours per week or more for
a participating employer, regardless of benefits provided;
(iii) an appointive officer whose appointed position is full time as certified by the
participating employer;
(iv) the governor, the lieutenant governor, the state auditor, the state treasurer, the
attorney general, and a state legislator;
(v) an elected official not included under Subsection (6)(b)(iv) whose elected position
is full time as certified by the participating employer;
(vi) a faculty member or employee of an institution of higher education who is
considered full time by that institution of higher education; and
(vii) an individual who otherwise meets the definition of this Subsection (6) who
performs services for a participating employer through a professional employer organization or
similar arrangement.
(c) "Regular full-time employee" does not include:
(i) a firefighter service employee as defined in Section 
49-23-102
;
(ii) a public safety service employee as defined in Section 
49-23-102
;
(iii) a classified school employee:
(A) who is hired on or after July 1, 2013; and
(B) who does not receive benefits normally provided by the participating employer
even if the employment normally requires an average of 20 hours per week or more for a
participating employer;
(iv) a classified school employee:
(A) who is hired before July 1, 2013;
(B) who did not qualify as a regular full-time employee before July 1, 2013;
(C) who does not receive benefits normally provided by the participating employer;
and
(D) whose employment hours are increased on or after July 1, 2013, to require an
average of 20 hours per week or more for a participating employer; or
(E) who is a person working on a contract:
(I) for the purposes of vocational rehabilitation and the employment and training of
people with significant disabilities; and
(II) that has been set aside from procurement requirements by the state pursuant to
Section 
63G-6a-805
 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
(7) "System" means the New Public Employees' Tier II Contributory Retirement
System created under this chapter.
(8) "Years of service credit" means:
(a) a period consisting of 12 full months as determined by the board;
(b) a period determined by the board, whether consecutive or not, during which a
regular full-time employee performed services for a participating employer, including any time
the regular full-time employee was absent on a paid leave of absence granted by a participating
employer or was absent in the service of the United States government on military duty as
provided by this chapter; or
(c) the regular school year consisting of not less than eight months of full-time service
for a regular full-time employee of an educational institution.
Section 46. Section 
49-22-202
 is amended to read:
49-22-202.
Participation of employers -- Limitations -- Exclusions -- Admission
requirements.
(1) Unless excluded under Subsection (2), an employer is a participating employer and
may not withdraw from participation in this system.
(2) The following employers may be excluded from participation in this system:
(a) an employer not initially admitted or included as a participating employer in this
system before January 1, 1982, if:
(i) the employer elects not to provide or participate in any type of private or public
retirement, supplemental or defined contribution plan, either directly or indirectly, for its
employees, except for Social Security; or
(ii) the employer offers another collectively bargained retirement benefit and has
continued to do so on an uninterrupted basis since that date;
(b) an employer that is a charter school authorized under [
Title 53A, Chapter 1a, Part 5,
The Utah Charter Schools Act
] 
Title 53G, Chapter 5, Part 3, Charter School Authorization
, and
does not elect to participate in accordance with Section [
53A-1a-512
] 
53G-5-407
; or
(c) an employer that is a risk management association initially created by interlocal
agreement before 1986 for the purpose of implementing a self-insurance joint protection
program for the benefit of member municipalities of the association.
(3) If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to
provide or participate in any type of public or private retirement, supplemental or defined
contribution plan, either directly or indirectly, except for Social Security, the employer shall be
a participating employer in this system regardless of whether the employer has applied for
admission under Subsection (4).
(4) (a) An employer may, by resolution of its governing body, apply for admission to
this system.
(b) Upon approval of the resolution by the board, the employer is a participating
employer in this system and is subject to this title.
(5) If a participating employer purchases service credit on behalf of a regular full-time
employee for service rendered prior to the participating employer's admission to this system,
the participating employer:
(a) shall purchase credit in a nondiscriminatory manner on behalf of all current and
former regular full-time employees who were eligible for service credit at the time service was
rendered; and
(b) shall comply with the provisions of Section 
49-11-403
.
Section 47. Section 
51-2a-201.5
 is amended to read:
51-2a-201.5.
Accounting reports required -- Reporting to state auditor.
(1) As used in this section:
(a) (i) "Federal pass through money" means federal money received by a nonprofit
corporation through a subaward or contract from the state or a political subdivision.
(ii) "Federal pass through money" does not include federal money received by a
nonprofit corporation as payment for goods or services purchased by the state or political
subdivision from the nonprofit corporation.
(b) (i) "Local money" means money that is owned, held, or administered by a political
subdivision of the state that is derived from fee or tax revenues.
(ii) "Local money" does not include:
(A) money received by a nonprofit corporation as payment for goods or services
purchased from the nonprofit corporation; or
(B) contributions or donations received by the political subdivision.
(c) (i) "State money" means money that is owned, held, or administered by a state
agency and derived from state fee or tax revenues.
(ii) "State money" does not include:
(A) money received by a nonprofit corporation as payment for goods or services
purchased from the nonprofit corporation; or
(B) contributions or donations received by the state agency.
(2) (a) The governing board of a nonprofit corporation whose revenues or expenditures
of federal pass through money, state money, and local money is $1,000,000 or more shall cause
an audit to be made of its accounts by an independent certified public accountant.
(b) The governing board of a nonprofit corporation whose revenues or expenditures of
federal pass through money, state money, and local money is at least $350,000 but less than
$1,000,000 shall cause a review to be made of its accounts by an independent certified public
accountant.
(c) The governing board of a nonprofit corporation whose revenues or expenditures of
federal pass through money, state money, and local money is at least $100,000 but less than
$350,000 shall cause a compilation to be made of its accounts by an independent certified
public accountant.
(d) The governing board of a nonprofit corporation whose revenues or expenditures of
federal pass through money, state money, and local money is less than $100,000 but greater
than $25,000 shall cause a fiscal report to be made in a format prescribed by the state auditor.
(3) A nonprofit corporation described in Subsection 
51-2a-102
(6)(f) shall provide the
state auditor a copy of an accounting report prepared under this section within six months of
the end of the nonprofit corporation's fiscal year.
(4) (a) A state agency that disburses federal pass through money or state money to a
nonprofit corporation shall enter into a written agreement with the nonprofit corporation that
requires the nonprofit corporation to annually disclose whether:
(i) the nonprofit corporation met or exceeded the dollar amounts listed in Subsection
(2) in the previous fiscal year of the nonprofit corporation; or
(ii) the nonprofit corporation anticipates meeting or exceeding the dollar amounts listed
in Subsection (2) in the fiscal year the money is disbursed.
(b) If the nonprofit corporation discloses to the state agency that the nonprofit
corporation meets or exceeds the dollar amounts as described in Subsection (4)(a), the state
agency shall notify the state auditor.
(5) This section does not apply to a nonprofit corporation that is a charter school
created under [
Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act
] 
Title 53G,
Chapter 5, Charter Schools
. A charter school is subject to the requirements of Section
[
53A-1a-507
] 
53G-5-404
.
(6) A nonprofit corporation is exempt from Section 
51-2a-201
.
Section 48. Section 
51-7-13
 is amended to read:
51-7-13.
Funds of member institutions of state system of higher education and
public education foundations -- Authorized deposits or investments.
(1) The provisions of this section apply to all funds of:
(a) higher education institutions, other than endowment funds, that are not transferred
to the state treasurer under Section 
51-7-4
; and
(b) public education foundations established under Section [
53A-4-205
] 
53E-3-403
.
(2) (a) Proceeds of general obligation bond issues and all funds pledged or otherwise
dedicated to the payment of interest and principal of general obligation bonds issued by or for
the benefit of the institution shall be invested according to the requirements of:
(i) Section 
51-7-11
 and the rules of the council; or
(ii) the terms of the borrowing instruments applicable to those bonds and funds if those
terms are more restrictive than Section 
51-7-11
.
(b) (i) The public treasurer shall invest the proceeds of bonds other than general
obligation bonds issued by or for the benefit of the institution and all funds pledged or
otherwise dedicated to the payment of interest and principal of bonds other than general
obligation bonds according to the terms of the borrowing instruments applicable to those
bonds.
(ii) If no provisions governing investment of bond proceeds or pledged or dedicated
funds are contained in the borrowing instruments applicable to those bonds or funds, the public
treasurer shall comply with the requirements of Section 
51-7-11
 in investing those proceeds
and funds.
(c) All other funds in the custody or control of any of those institutions or public
education foundations shall be invested as provided in Section 
51-7-11
 and the rules of the
council.
(3) (a) Each institution shall make monthly reports detailing the deposit and investment
of funds in its custody or control to its institutional council and the State Board of Regents.
(b) The state auditor may conduct or cause to be conducted an annual audit of the
investment program of each institution.
(c) The State Board of Regents shall:
(i) require whatever internal controls and supervision are necessary to ensure the
appropriate safekeeping, investment, and accounting for all funds of these institutions; and
(ii) submit annually to the governor and the Legislature a summary report of all
investments by institutions under its jurisdiction.
Section 49. Section 
52-4-103
 is amended to read:
52-4-103.
Definitions.
As used in this chapter:
(1) "Anchor location" means the physical location from which:
(a) an electronic meeting originates; or
(b) the participants are connected.
(2) "Capitol hill complex" means the grounds and buildings within the area bounded by
300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
City.
(3) "Convening" means the calling together of a public body by a person authorized to
do so for the express purpose of discussing or acting upon a subject over which that public
body has jurisdiction or advisory power.
(4) "Electronic meeting" means a public meeting convened or conducted by means of a
conference using electronic communications.
(5) "Electronic message" means a communication transmitted electronically, including:
(a) electronic mail;
(b) instant messaging;
(c) electronic chat;
(d) text messaging as defined in Section 
76-4-401
; or
(e) any other method that conveys a message or facilitates communication
electronically.
(6) (a) "Meeting" means the convening of a public body or a specified body, with a
quorum present, including a workshop or an executive session, whether in person or by means
of electronic communications, for the purpose of discussing, receiving comments from the
public about, or acting upon a matter over which the public body or specific body has
jurisdiction or advisory power.
(b) "Meeting" does not mean:
(i) a chance gathering or social gathering; or
(ii) a convening of the State Tax Commission to consider a confidential tax matter in
accordance with Section 
59-1-405
.
(c) "Meeting" does not mean the convening of a public body that has both legislative
and executive responsibilities if:
(i) no public funds are appropriated for expenditure during the time the public body is
convened; and
(ii) the public body is convened solely for the discussion or implementation of
administrative or operational matters:
(A) for which no formal action by the public body is required; or
(B) that would not come before the public body for discussion or action.
(7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
public statements of each member of the public body who is participating in a meeting.
(8) "Participate" means the ability to communicate with all of the members of a public
body, either verbally or electronically, so that each member of the public body can hear or
observe the communication.
(9) (a) "Public body" means:
(i) any administrative, advisory, executive, or legislative body of the state or its
political subdivisions that:
(A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(B) consists of two or more persons;
(C) expends, disburses, or is supported in whole or in part by tax revenue; and
(D) is vested with the authority to make decisions regarding the public's business; or
(ii) any administrative, advisory, executive, or policymaking body of an association, as
defined in Section [
53A-1-1601
] 
53G-7-1101
, that:
(A) consists of two or more persons;
(B) expends, disburses, or is supported in whole or in part by dues paid by a public
school or whose employees participate in a benefit or program described in Title 49, Utah State
Retirement and Insurance Benefit Act; and
(C) is vested with authority to make decisions regarding the participation of a public
school or student in an interscholastic activity as defined in Section [
53A-1-1601
] 
53G-7-1101
.
(b) "Public body" includes:
(i) as defined in Section 
11-13-103
, an interlocal entity or joint or cooperative
undertaking; and
(ii) as defined in Section 
11-13a-102
, a governmental nonprofit corporation.
(c) "Public body" does not include:
(i) a political party, a political group, or a political caucus;
(ii) a conference committee, a rules committee, or a sifting committee of the
Legislature;
(iii) a school community council or charter trust land council as defined in Section
[
53A-1a-108.1
] 
53G-7-1203
; or
(iv) the Economic Development Legislative Liaison Committee created in Section
36-30-201
.
(10) "Public statement" means a statement made in the ordinary course of business of
the public body with the intent that all other members of the public body receive it.
(11) (a) "Quorum" means a simple majority of the membership of a public body, unless
otherwise defined by applicable law.
(b) "Quorum" does not include a meeting of two elected officials by themselves when
no action, either formal or informal, is taken on a subject over which these elected officials
have advisory power.
(12) "Recording" means an audio, or an audio and video, record of the proceedings of a
meeting that can be used to review the proceedings of the meeting.
(13) "Specified body":
(a) means an administrative, advisory, executive, or legislative body that:
(i) is not a public body;
(ii) consists of three or more members; and
(iii) includes at least one member who is:
(A) a legislator; and
(B) officially appointed to the body by the president of the Senate, speaker of the
House of Representatives, or governor; and
(b) does not include a body listed in Subsection (9)(c)(ii).
(14) "Transmit" means to send, convey, or communicate an electronic message by
electronic means.
Section 50. Section 
52-4-209
 is amended to read:
52-4-209.
Electronic meetings for charter school board.
(1) Notwithstanding the definitions provided in Section 
52-4-103
 for this chapter, as
used in this section:
(a) "Anchor location" means a physical location where:
(i) the charter school board would normally meet if the charter school board were not
holding an electronic meeting; and
(ii) space, a facility, and technology are provided to the public to monitor and, if public
comment is allowed, to participate in an electronic meeting during regular business hours.
(b) "Charter school board" means the governing board of a school created under [
Title
53A, Chapter 1a, Part 5, The Utah Charter Schools Act
] 
Tile 53G, Chapter 5, Charter Schools
.
(c) "Meeting" means the convening of a charter school board:
(i) with a quorum who:
(A) monitors a website at least once during the electronic meeting; and
(B) casts a vote on a website, if a vote is taken; and
(ii) for the purpose of discussing, receiving comments from the public about, or acting
upon a matter over which the charter school board has jurisdiction or advisory power.
(d) "Monitor" means to:
(i) read all the content added to a website by the public or a charter school board
member; and
(ii) view a vote cast by a charter school board member on a website.
(e) "Participate" means to add content to a website.
(2) (a) A charter school board may convene and conduct an electronic meeting in
accordance with Section 
52-4-207
.
(b) A charter school board may convene and conduct an electronic meeting in
accordance with this section that is in writing on a website if:
(i) the chair verifies that a quorum monitors the website;
(ii) the content of the website is available to the public;
(iii) the chair controls the times in which a charter school board member or the public
participates; and
(iv) the chair requires a person to identify himself or herself if the person:
(A) participates; or
(B) casts a vote as a charter school board member.
(3) A charter school that conducts an electronic meeting under this section shall:
(a) give public notice of the electronic meeting:
(i) in accordance with Section 
52-4-202
; and
(ii) by posting written notice at the anchor location as required under Section 
52-4-207
;
(b) in addition to giving public notice required by Subsection (3)(a), provide:
(i) notice of the electronic meeting to the members of the charter school board at least
24 hours before the meeting so that they may participate in and be counted as present for all
purposes, including the determination that a quorum is present;
(ii) a description of how the members and the public may be connected to the
electronic meeting;
(iii) a start and end time for the meeting, which shall be no longer than 5 days; and
(iv) a start and end time for when a vote will be taken in an electronic meeting, which
shall be no longer than four hours; and
(c) provide an anchor location.
(4) The chair shall:
(a) not allow anyone to participate from the time the notice described in Subsection
(3)(b)(iv) is given until the end time for when a vote will be taken; and
(b) allow a charter school board member to change a vote until the end time for when a
vote will be taken.
(5) During the time in which a vote may be taken, a charter school board member may
not communicate in any way with any person regarding an issue over which the charter school
board has jurisdiction.
(6) A charter school conducting an electronic meeting under this section may not close
a meeting as otherwise allowed under this part.
(7) (a) Written minutes shall be kept of an electronic meeting conducted as required in
Section 
52-4-203
.
(b) (i) Notwithstanding Section 
52-4-203
, a recording is not required of an electronic
meeting described in Subsection (2)(b).
(ii) All of the content of the website shall be kept for an electronic meeting conducted
under this section.
(c) Written minutes are the official record of action taken at an electronic meeting as
required in Section 
52-4-203
.
(8) (a) A charter school board shall ensure that the website used to conduct an
electronic meeting:
(i) is secure; and
(ii) provides with reasonably certainty the identity of a charter school board member
who logs on, adds content, or casts a vote on the website.
(b) A person is guilty of a class B misdemeanor if the person falsely identifies himself
or herself as required by Subsection (2)(b)(iv).
(9) Compliance with the provisions of this section by a charter school constitutes full
and complete compliance by the public body with the corresponding provisions of Sections
52-4-201
 and 
52-4-202
.
Section 51. Section 
53-3-104
 is amended to read:
53-3-104.
Division duties.
The division shall:
(1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules:
(a) for examining applicants for a license, as necessary for the safety and welfare of the
traveling public;
(b) for acceptable documentation of an applicant's identity, Social Security number,
Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the
United States, honorable or general discharge from the United States military, and other proof
or documentation required under this chapter;
(c) regarding the restrictions to be imposed on a person driving a motor vehicle with a
temporary learner permit or learner permit;
(d) for exemptions from licensing requirements as authorized in this chapter; and
(e) establishing procedures for the storage and maintenance of applicant information
provided in accordance with Section 
53-3-205
, 
53-3-410
, or 
53-3-804
;
(2) examine each applicant according to the class of license applied for;
(3) license motor vehicle drivers;
(4) file every application for a license received by it and shall maintain indices
containing:
(a) all applications denied and the reason each was denied;
(b) all applications granted; and
(c) the name of every licensee whose license has been suspended, disqualified, or
revoked by the division and the reasons for the action;
(5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
this chapter;
(6) file all accident reports and abstracts of court records of convictions received by it
under state law;
(7) maintain a record of each licensee showing the licensee's convictions and the traffic
accidents in which the licensee has been involved where a conviction has resulted;
(8) consider the record of a licensee upon an application for renewal of a license and at
other appropriate times;
(9) search the license files, compile, and furnish a report on the driving record of any
person licensed in the state in accordance with Section 
53-3-109
;
(10) develop and implement a record system as required by Section 
41-6a-604
;
(11) in accordance with Section [
53A-13-208
] 
53G-10-507
, establish:
(a) procedures and standards to certify teachers of driver education classes to
administer knowledge and skills tests;
(b) minimal standards for the tests; and
(c) procedures to enable school districts to administer or process any tests for students
to receive a class D operator's license;
(12) in accordance with Section 
53-3-510
, establish:
(a) procedures and standards to certify licensed instructors of commercial driver
training school courses to administer the skills test;
(b) minimal standards for the test; and
(c) procedures to enable licensed commercial driver training schools to administer or
process skills tests for students to receive a class D operator's license;
(13) provide administrative support to the Driver License Medical Advisory Board
created in Section 
53-3-303
;
(14) upon request by the lieutenant governor, provide the lieutenant governor with a
digital copy of the driver license or identification card signature of a person who is an applicant
for voter registration under Section 
20A-2-206
; and
(15) in accordance with Section 
53-3-407.1
, establish:
(a) procedures and standards to license a commercial driver license third party tester or
commercial driver license third party examiner to administer the commercial driver license
skills tests;
(b) minimum standards for the commercial driver license skills test; and
(c) procedures to enable a licensed commercial driver license third party tester or
commercial driver license third party examiner to administer a commercial driver license skills
test for an applicant to receive a commercial driver license.
Section 52. Section 
53-3-505.5
 is amended to read:
53-3-505.5.
Behind-the-wheel training requirements.
(1) Except as provided under Subsection (2), a driver education course under this part
or [
Title 53A, Chapter 13, Part 2, Driver Education Classes
] 
Title 53G, Chapter 10, Part 5,
Driver Education Classes
, that is used to satisfy the driver training requirement under Section
53-3-204
 shall require each student to complete at least six hours of behind-the-wheel driving a
dual-control motor vehicle with a certified instructor seated in the front seat next to the student
driver.
(2) Up to three hours of the behind-the-wheel driving may be substituted as follows:
(a) two hours of range driving on an approved driving range under Section
[
53A-13-201
] 
53G-10-502
 equals one hour of the behind-the-wheel driving required under
Subsection (1);
(b) two hours of driving simulation practice on a driving simulation device that is fully
interactive as set forth in rules made under Section 
53-3-505
, equals one hour of the
behind-the-wheel driving required under Subsection (1); and
(c) four hours of driving simulation practice on a driving simulation device that is not
fully interactive as set forth in rules made under Section 
53-3-505
, equals one hour of the
behind-the-wheel driving required under Subsection (1), with a maximum of one hour of the
behind-the-wheel driving required under Subsection (1) that may be substituted under this
Subsection (2)(c).
(3) The behind-the-wheel driving required under Subsection (1) shall include, if
feasible, driving on interstate and other multilane highways.
Section 53. Section 
53-7-103
 is amended to read:
53-7-103.
State Fire Marshal Division -- Creation -- State fire marshal --
Appointment, qualifications, duties, and compensation.
(1) There is created within the department the State Fire Marshal Division.
(2) (a) The director of the division is the state fire marshal, who shall be appointed by
the commissioner upon the recommendation of the Utah Fire Prevention Board created in
Section 
53-7-203
 and with the approval of the governor.
(b) The state fire marshal is the executive and administrative head of the division, and
shall be qualified by experience and education to:
(i) enforce the state fire code;
(ii) enforce rules made under this chapter; and
(iii) perform the duties prescribed by the commissioner.
(3) The state fire marshal acts under the supervision and control of the commissioner
and may be removed from the position at the will of the commissioner.
(4) The state fire marshal shall:
(a) enforce the state fire code and rules made under this chapter in accordance with
Section 
53-7-104
;
(b) complete the duties assigned by the commissioner;
(c) examine plans and specifications for school buildings, as required by Section
[
53A-20-104
] 
53E-3-706
;
(d) approve criteria established by the state superintendent for building inspectors;
(e) promote and support injury prevention public education programs; and
(f) perform all other duties provided in this chapter.
(5) The state fire marshal shall receive compensation as provided by Title 67, Chapter
19, Utah State Personnel Management Act.
Section 54. Section 
53-10-202
 is amended to read:
53-10-202.
Criminal identification -- Duties of bureau.
The bureau shall:
(1) procure and file information relating to identification and activities of persons who:
(a) are fugitives from justice;
(b) are wanted or missing;
(c) have been arrested for or convicted of a crime under the laws of any state or nation;
and
(d) are believed to be involved in racketeering, organized crime, or a dangerous
offense;
(2) establish a statewide uniform crime reporting system that shall include:
(a) statistics concerning general categories of criminal activities;
(b) statistics concerning crimes that exhibit evidence of prejudice based on race,
religion, ancestry, national origin, ethnicity, or other categories that the division finds
appropriate; and
(c) other statistics as required by the Federal Bureau of Investigation;
(3) make a complete and systematic record and index of the information obtained
under this part;
(4) subject to the restrictions in this part, establish policy concerning the use and
dissemination of data obtained under this part;
(5) publish an annual report concerning the extent, fluctuation, distribution, and nature
of crime in Utah;
(6) establish a statewide central register for the identification and location of missing
persons, which may include:
(a) identifying data including fingerprints of each missing person;
(b) identifying data of any missing person who is reported as missing to a law
enforcement agency having jurisdiction;
(c) dates and circumstances of any persons requesting or receiving information from
the register; and
(d) any other information, including blood types and photographs found necessary in
furthering the purposes of this part;
(7) publish a quarterly directory of missing persons for distribution to persons or
entities likely to be instrumental in the identification and location of missing persons;
(8) list the name of every missing person with the appropriate nationally maintained
missing persons lists;
(9) establish and operate a 24-hour communication network for reports of missing
persons and reports of sightings of missing persons;
(10) coordinate with the National Center for Missing and Exploited Children and other
agencies to facilitate the identification and location of missing persons and the identification of
unidentified persons and bodies;
(11) receive information regarding missing persons, as provided in Sections 
26-2-27
and [
53A-11-502
] 
53G-6-602
, and stolen vehicles, vessels, and outboard motors, as provided
in Section 
41-1a-1401
;
(12) adopt systems of identification, including the fingerprint system, to be used by the
division to facilitate law enforcement;
(13) assign a distinguishing number or mark of identification to any pistol or revolver,
as provided in Section 
76-10-520
;
(14) check certain criminal records databases for information regarding motor vehicle
salesperson applicants, maintain a separate file of fingerprints for motor vehicle salespersons,
and inform the Motor Vehicle Enforcement Division when new entries are made for certain
criminal offenses for motor vehicle salespersons in accordance with the requirements of
Section 
41-3-205.5
;
(15) check certain criminal records databases for information regarding driving
privilege card applicants or cardholders and maintain a separate file of fingerprints for driving
privilege applicants and cardholders and inform the federal Immigration and Customs
Enforcement Agency of the United States Department of Homeland Security when new entries
are made in accordance with the requirements of Section 
53-3-205.5
.
(16) review and approve or disapprove applications for license renewal that meet the
requirements for renewal;
(17) forward to the board those applications for renewal under Subsection (16) that do
not meet the requirements for renewal; and
(18) within funds appropriated by the Legislature for the purpose, implement and
manage the operation of firearm safety and suicide prevention education programs, in
conjunction with the state suicide prevention coordinator, as described in this section and
Section 
62A-15-1101
, including:
(a) coordinating with the Department of Health, local mental health and substance
abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
Utah-based nonprofit organization with expertise in the field of firearm use and safety that
represents firearm owners, to:
(i) produce a firearm safety brochure with information about the safe handling and use
of firearms that includes:
(A) rules for safe handling, storage, and use of firearms in a home environment;
(B) information about at-risk individuals and individuals who are legally prohibited
from possessing firearms;
(C) information about suicide prevention and awareness; and
(D) information about the availability of firearm safety packets;
(ii) procure cable-style gun locks for distribution pursuant to this section;
(iii) produce a firearm safety packet that includes both the firearm safety brochure
described in Subsection (18)(a)(i) and the cable-style gun lock described in Subsection
(18)(a)(ii); and
(iv) create a suicide prevention education course that:
(A) provides information that includes posters for display and pamphlets or brochures
for distribution regarding firearm safety education;
(B) incorporates current information on how to recognize suicidal behaviors and
identify persons who may be suicidal;
(C) provides information regarding crisis intervention resources; and
(D) provides continuing education in the area of suicide prevention;
(b) distributing, free of charge, the firearm safety packet to the following persons, who
shall make the firearm safety packet available free of charge:
(i) health care providers, including emergency rooms;
(ii) mental health practitioners;
(iii) other public health suicide prevention organizations;
(iv) entities that teach firearm safety courses; and
(v) school districts for use in the seminar, described in Section [
53A-15-1302
]
53G-9-703
, for parents of students in the school district;
(c) creating and administering a redeemable coupon program described in this section
and Section 
76-10-526
, that may include:
(i) producing a redeemable coupon that offers between $10 and $200 off the purchase
of a gun safe from a participating federally licensed firearms dealer, as defined in Section
76-10-501
, by a Utah resident who has filed an application for a concealed firearm permit;
(ii) advertising the redeemable coupon program to all federally licensed firearms
dealers and maintaining a list of dealers who wish to participate in the program;
(iii) printing or writing the name of a Utah resident who has filed an application for a
concealed firearm permit on the redeemable coupon;
(iv) mailing the redeemable coupon and the firearm safety brochure to Utah residents
who have filed an application for a concealed firearm permit; and
(v) collecting from the participating dealers receipts described in Section 
76-10-526
and reimbursing the dealers;
(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
making rules that establish procedures for:
(i) producing and distributing the firearm safety brochures and packets;
(ii) procuring the cable-style gun locks for distribution; and
(iii) administering the redeemable coupon program; and
(e) reporting to the Law Enforcement and Criminal Justice Interim Committee
regarding implementation and success of the firearm safety program:
(i) during the 2016 interim, before November 1; and
(ii) during the 2018 interim, before June 1.
Section 55. Section 
53-10-203
 is amended to read:
53-10-203.
Missing persons -- Reports -- Notification.
(1) Each law enforcement agency that is investigating the report of a missing person
shall provide information regarding that report to the division. The report shall include
descriptive information and the date and location of the last-known contact with the missing
person.
(2) The division shall notify the state registrar of Vital Statistics and the FBI National
Crime Information Center of all missing persons reported in accordance with Subsection (1)
and shall provide the state registrar with information concerning the identity of those missing
persons.
(3) If the division has reason to believe that a missing person reported in accordance
with Subsection (1) has been enrolled in a specific school in this state, the division shall also
notify the last-known school of that report.
(4) Upon learning of the recovery of a missing person, the division shall notify the state
registrar and any school that it has previously informed of the person's disappearance.
(5) The division shall, by rule, determine the manner and form of reports, notices, and
information required by this section.
(6) Upon notification by the state registrar or school personnel that a request for a birth
certificate, school record, or other information concerning a missing person has been made, or
that an investigation is needed in accordance with Section [
53A-11-503
] 
53G-6-603
, the
division shall immediately notify the local law enforcement authority.
Section 56. Section 
53B-1-109
 is amended to read:
53B-1-109.
Coordination of higher education and public education information
technology systems -- Use of unique student identifier.
(1) As used in this section, "unique student identifier" means the same as that term is
defined in Section [
53A-1-603.5
] 
53E-4-308
.
(2) The State Board of Regents and State Board of Education shall coordinate public
education and higher education information technology systems to allow individual student
academic achievement to be tracked through both education systems in accordance with this
section and Section [
53A-1-603.5
] 
53E-4-308
.
(3) Information technology systems utilized at an institution within the state system of
higher education shall utilize the unique student identifier of all students who have previously
been assigned a unique student identifier.
Section 57. Section 
53B-1-114
 is amended to read:
53B-1-114.
Coordination for education.
(1) At least quarterly, in order to coordinate education services, individuals who have
responsibilities related to Utah's education system shall meet, including:
(a) the state superintendent of public instruction described in Section [
53A-1-301
]
53E-3-301
;
(b) the commissioner;
(c) the commissioner of technical education described in Section 
53B-2a-102
;
(d) the executive director of the Department of Workforce Services described in
Section 
35A-1-201
;
(e) the executive director of the Governor's Office of Economic Development
described in Section 
63N-1-202
;
(f) the chair of the State Board of Education;
(g) the chair of the State Board of Regents;
(h) the chair of the Utah System of Technical Colleges Board of Trustees described in
Section 
53B-2a-103
; and
(i) the chairs of the Education Interim Committee.
(2) A meeting described in this section is not subject to Title 52, Chapter 4, Open and
Public Meetings Act.
Section 58. Section 
53B-2a-106
 is amended to read:
53B-2a-106.
Technical colleges -- Duties.
(1) Each technical college shall, within the geographic area served by the technical
college:
(a) offer a noncredit postsecondary and secondary career and technical education
curriculum;
(b) offer that curriculum at:
(i) low cost to adult students, as approved by the board of trustees; and
(ii) no tuition to secondary students;
(c) provide career and technical education that will result in:
(i) appropriate licensing, certification, or other evidence of completion of training; and
(ii) qualification for specific employment, with an emphasis on high demand, high
wage, and high skill jobs in business and industry;
(d) develop cooperative agreements with school districts, charter schools, other higher
education institutions, businesses, industries, and community and private agencies to maximize
the availability of instructional facilities within the geographic area served by the technical
college; and
(e) after consulting with school districts and charter schools within the geographic area
served by the technical college:
(i) ensure that secondary students in the public education system have access to career
and technical education at the technical college; and
(ii) prepare and submit an annual report to the board of trustees detailing:
(A) how the career and technical education needs of secondary students within the
region are being met;
(B) what access secondary students within the region have to programs offered at the
technical college;
(C) how the emphasis on high demand, high wage, high skill jobs in business and
industry described in Subsection (1)(c)(ii) is being provided; and
(D) student tuition and fees.
(2) A technical college may offer:
(a) a competency-based high school diploma approved by the State Board of Education
in accordance with Section [
53A-1-402
] 
53E-3-501
;
(b) noncredit, basic instruction in areas such as reading, language arts, and
mathematics that are necessary for student success in a chosen career and technical education
or job-related program;
(c) noncredit courses of interest when similar offerings to the community are limited
and courses are financially self-supporting; and
(d) secondary school level courses through the Statewide Online Education Program in
accordance with Section [
53A-15-1205
] 
53F-4-504
.
(3) Except as provided in Subsection (2)(d), a technical college may not:
(a) offer courses other than noncredit career and technical education or the noncredit,
basic instruction described in Subsections (2)(b) and (c);
(b) offer a degree;
(c) offer career and technical education or basic instruction outside the geographic area
served by the technical college without a cooperative agreement between an affected
institution, except as provided in Subsection (6);
(d) provide tenure or academic rank for its instructors; or
(e) participate in intercollegiate athletics.
(4) The mission of a technical college is limited to noncredit career and technical
education and may not expand to include credit-based academic programs typically offered by
community colleges or other institutions of higher education.
(5) A technical college shall be recognized as a member of the Utah System of
Technical Colleges, and regional affiliation shall be retained and recognized through local
designations such as "Bridgerland Technical College: A member technical college of the Utah
System of Technical Colleges."
(6) (a) A technical college may offer career and technical education or basic instruction
outside the geographic area served by the technical college without a cooperative agreement, as
required in Subsection (3)(c), if:
(i) the career and technical education or basic instruction is specifically requested by:
(A) an employer; or
(B) a craft, trade, or apprenticeship program;
(ii) the technical college notifies the affected institution about the request; and
(iii) the affected institution is given an opportunity to make a proposal, prior to any
contract being finalized or training being initiated by the technical college, to the employer,
craft, trade, or apprenticeship program about offering the requested career and technical
education or basic instruction, provided that the proposal shall be presented no later than one
business week from the delivery of the notice described under Subsection (6)(a)(ii).
(b) The requirements under Subsection (6)(a)(iii) do not apply if there is a prior
training relationship.
Section 59. Section 
53B-10-101
 is amended to read:
53B-10-101.
Terrel H. Bell Teaching Incentive Loans program -- Eligible
students -- Cancellation of incentive loans -- Repayment by recipient who fails to meet
requirements -- Duration of incentive loans.
(1) (a) A Terrel H. Bell Teaching Incentive Loans program is established to recruit and
train superior candidates for teaching in Utah's public school system as a component of the
teacher quality continuum referred to in Subsections [
53A-1a-104
] 
53E-2-302
(7) and
[
53A-6-102
] 
53E-6-103
(2)(a).
(b) Under the program, the incentive loans may be used in any of Utah's state-operated
institutions of higher education or at a private institution of higher education in Utah that offers
a state-approved teacher education program.
(2) (a) The State Board of Regents shall award the incentive loans to college students
who have been admitted to, or have made application to and are prepared to enter into, a
program preparing students for licensure and who declare an intent to complete the prescribed
course of instruction and to teach in this state in accordance with the priorities described under
Subsection (5)(c).
(b) The incentive loan may be canceled at any time by the institution of attendance if:
(i) the student fails to make reasonable progress towards completion of licensing
requirements; or
(ii) it appears to be a reasonable certainty that the student does not intend to teach in
Utah.
(c) The State Board of Regents may grant leaves of absence to incentive loan holders.
(3) The State Board of Regents may require an incentive loan recipient who fails to
complete the requirements for licensing without good cause to repay all tuition and fees
provided by the loan, together with appropriate interest.
(4) (a) The State Board of Regents may require an incentive loan recipient who does
not work in the state's public school system or a private school within the state within two years
after graduation to repay all tuition and fees provided by the loan, together with appropriate
interest, unless waived for good cause.
(b) (i) A recipient who does not teach for a term equal to the number of years of the
incentive loan within a reasonable period of time after graduation shall repay a graduated
portion of the tuition and fees based upon the uncompleted term.
(ii) One year of teaching is credit for one year's tuition and fees.
(c) All repayments made under this Subsection (4) are for use in the Terrel H. Bell
Teaching Incentive Loans program.
(5) (a) Each incentive loan is valid for up to four years of full-time equivalent
enrollment, or until requirements for licensing or advanced licensing have been met, whichever
is less.
(b) (i) Incentive loans apply to both tuition and fees in amounts and are subject to
conditions approved by the State Board of Regents, based upon criteria developed to insure that
all recipients of the loans will pursue an education career within the state.
(ii) An incentive loan for tuition and fees at a private institution may not exceed the
average scholarship amounts granted for tuition and fees at public institutions of higher
education within the state.
(c) Incentive loans shall be awarded in accordance with prioritized critical areas of
need for teaching expertise within the state, as determined by the State Board of Education's
criticality index and school district priorities based upon data provided by the school district,
and may include preparing persons as:
(i) a special education teacher;
(ii) a speech or language pathologist; or
(iii) another licensed professional providing services in the public schools to pupils
with disabilities.
Section 60. Section 
53B-16-108
 is amended to read:
53B-16-108.
Courses offered through the Statewide Online Education Program.
An institution of higher education listed in Section 
53B-2-101
 may offer a secondary
school level course through the Statewide Online Education Program in accordance with
Section [
53A-15-1205
] 
53F-4-504
.
Section 61. Section 
53B-16-404
 is amended to read:
53B-16-404.
Internship programs -- Criminal background checks.
An institution of higher education shall require an officer or employee of the institution
or a cooperating employer, who will be given significant unsupervised access to a minor
student in connection with the student's activities as an intern, to submit to a criminal
background check on the same basis as a volunteer under Section [
53A-15-1503
] 
53G-11-402
.
Section 62. Section 
53C-1-203
 is amended to read:
53C-1-203.
Board of trustees nominating committee -- Composition --
Responsibilities -- Per diem and expenses.
(1) There is established an 11 member board of trustees nominating committee.
(2) (a) The State Board of Education shall appoint five members to the nominating
committee from different geographical areas of the state.
(b) The governor shall appoint five members to the nominating committee on or before
the December 1 of the year preceding the vacancy on the nominating committee as follows:
(i) one individual from a nomination list of at least two names of individuals
knowledgeable about institutional trust lands submitted on or before the October 1 of the year
preceding the vacancy on the nominating committee by the University of Utah and Utah State
University on an alternating basis every four years;
(ii) one individual from a nomination list of at least two names submitted by the Utah
Farm Bureau in consultation with the Utah Cattleman's Association and the Utah Wool
Growers' Association on or before the October 1 of the year preceding the vacancy on the
nominating committee;
(iii) one individual from a nomination list of at least two names submitted by the Utah
Petroleum Association on or before the October 1 of the year preceding the vacancy on the
nominating committee;
(iv) one individual from a nomination list of at least two names submitted by the Utah
Mining Association on or before the October 1 of the year preceding the vacancy on the
nominating committee; and
(v) one individual from a nomination list of at least two names submitted by the
executive director of the Department of Natural Resources after consultation with statewide
wildlife and conservation organizations on or before the October 1 of the year preceding the
vacancy on the nominating committee.
(c) The president of the Utah Association of Counties shall designate the chair of the
Public Lands Steering Committee, who must be an elected county commissioner or councilor,
to serve as the eleventh member of the nominating committee.
(3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year
term.
(b) Notwithstanding the requirements of Subsection (3)(a), the state board and the
governor shall, at the time of appointment or reappointment, adjust the length of terms to
ensure that the terms of committee members are staggered so that approximately half of the
committee is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) The nominating committee shall select a chair and vice chair from its membership
by majority vote.
(5) (a) The nominating committee shall nominate at least two candidates for each
position or vacancy which occurs on the board of trustees except for the governor's appointee
under Subsection 
53C-1-202
(5).
(b) The nominations shall be by majority vote of the committee.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) The School Children's Trust Section, established in Section [
53A-16-101.6
]
53E-3-514
, shall provide staff support to the nominating committee.
Section 63. Section 
53D-1-102
 is amended to read:
53D-1-102.
Definitions.
(1) "Account" means the School and Institutional Trust Fund Management Account,
created in Section 
53D-1-203
.
(2) "Beneficiaries":
(a) means those for whose benefit the trust fund is managed and preserved, consistent
with the enabling act, the Utah Constitution, and state law; and
(b) does not include other government institutions or agencies, the public at large, or
the general welfare of the state.
(3) "Board" means the board of trustees established in Section 
53D-1-301
.
(4) "Director" means the director of the office.
(5) "Enabling act" means the act of Congress, dated July 16, 1894, enabling the people
of Utah to form a constitution and state government and to be admitted into the Union.
(6) "Nominating committee" means the committee established under Section
53D-1-501
.
(7) "Office" means the School and Institutional Trust Fund Office, created in Section
53D-1-201
.
(8) "School children's trust section" means the School Children's Trust Section under
the State Board of Education, established in Section [
53A-16-101.6
] 
53E-3-514
.
(9) "Trust fund" means money derived from:
(a) the sale or use of land granted to the state under Sections 6, 8, and 12 of the
enabling act;
(b) proceeds referred to in Section 9 of the enabling act from the sale of public land;
and
(c) revenue and assets referred to in Utah Constitution, Article X, Section 5,
Subsections (1)(c), (e), and (f).
Section 64. Section 
53D-1-403
 is amended to read:
53D-1-403.
Reports.
(1) At least annually, the director shall report in person to the Legislative Management
Committee, the governor, and the State Board of Education, concerning the office's
investments, performance, estimated distributions, and other activities.
(2) The director shall report to the board concerning the work of the director and the
investment activities and other activities of the office:
(a) in a public meeting at least six times per year; and
(b) as otherwise requested by the board.
(3) (a) Before November 1 of each year, the director shall:
(i) submit a written report to school community councils, created under Section
[
53A-1a-108
] 
53G-7-1202
, and charter trust land councils, established under Section
[
53A-16-101.5
] 
53F-2-404
 concerning the office's investments, performance, estimated
distributions, and other activities; and
(ii) post the written report described in Subsection (3)(a)(i) on the office's website.
(b) A report under Subsection (3)(a) shall be prepared in simple language designed to
be understood by the general public.
(4) The director shall provide to the board:
(a) monthly written reports on the activities of the office;
(b) quarterly financial reports; and
(c) any other report requested by the board.
(5) The director shall:
(a) invite the director of the school children's trust section to attend any meeting at
which the director gives a report under this section; and
(b) provide the director of the school children's trust section:
(i) a copy of any written report prepared under this section; and
(ii) any other report requested by the director of the school children's trust section.
Section 65. Section 
58-11a-302
 is amended to read:
58-11a-302.
Qualifications for licensure.
(1) Each applicant for licensure as a barber shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of:
(i) graduation from a licensed or recognized barber school, or a licensed or recognized
cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
(ii) (A) graduation from a recognized barber school located in a state other than Utah
whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
credit hours; and
(B) practice as a licensed barber in a state other than Utah for not less than the number
of hours required to equal 1,000 total hours when added to the hours of instruction described in
Subsection (1)(d)(ii)(A); or
(iii) completion of an approved barber apprenticeship; and
(e) meet the examination requirement established by rule.
(2) Each applicant for licensure as a barber instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a
barber;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
number of credit hours; or
(iii) a minimum of 2,000 hours of experience as a barber; and
(f) meet the examination requirement established by rule.
(3) Each applicant for licensure as a barber school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for barber schools, including staff and accreditation requirements,
established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
(4) Each applicant for licensure as a cosmetologist/barber shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of:
(i) graduation from a licensed or recognized cosmetology/barber school whose
curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
credit hours, with full flexibility within those hours;
(ii) (A) graduation from a recognized cosmetology/barber school located in a state
other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
equivalent number of credit hours, with full flexibility within those hours; and
(B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
than the number of hours required to equal 1,600 total hours when added to the hours of
instruction described in Subsection (4)(d)(ii)(A); or
(iii) completion of an approved cosmetology/barber apprenticeship; and
(e) meet the examination requirement established by rule.
(5) Each applicant for licensure as a cosmetologist/barber instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a
cosmetologist/barber;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
number of credit hours; or
(iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
(f) meet the examination requirement established by rule.
(6) Each applicant for licensure as a cosmetologist/barber school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for cosmetology schools, including staff and accreditation
requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
(7) Each applicant for licensure as an electrologist shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of having graduated from a licensed or
recognized electrology school after completing a curriculum of 600 hours of instruction or the
equivalent number of credit hours; and
(e) meet the examination requirement established by rule.
(8) Each applicant for licensure as an electrologist instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as an
electrologist;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
number of credit hours; or
(iii) a minimum of 1,000 hours of experience as an electrologist; and
(f) meet the examination requirement established by rule.
(9) Each applicant for licensure as an electrologist school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's facilities comply with the requirements established by rule; and
(iv) that the applicant meets:
(A) the standards for electrologist schools, including staff, curriculum, and
accreditation requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
(10) Each applicant for licensure as an esthetician shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of one of the following:
(i) graduation from a licensed or recognized esthetic school or a licensed or recognized
cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
instruction with a minimum of 600 hours or the equivalent number of credit hours;
(ii) completion of an approved esthetician apprenticeship; or
(iii) (A) graduation from a recognized cosmetology/barber school located in a state
other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
equivalent number of credit hours, with full flexibility within those hours; and
(B) practice as a licensed cosmetologist/barber for not less than the number of hours
required to equal 1,600 total hours when added to the hours of instruction described in
Subsection (10)(d)(iii)(A); and
(e) meet the examination requirement established by division rule.
(11) Each applicant for licensure as a master esthetician shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of:
(i) completion of at least 1,200 hours of training, or the equivalent number of credit
hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
1,200 hours may have been completed:
(A) at a licensed or recognized cosmetology/barbering school, if the applicant
graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
the equivalent number of credit hours, with full flexibility within those hours; or
(B) at a licensed or recognized cosmetology/barber school located in a state other than
Utah, if the applicant graduated from the school and its curriculum contained full flexibility
within its hours of instruction; or
(ii) completion of an approved master esthetician apprenticeship;
(e) if the applicant will practice lymphatic massage, provide satisfactory documentation
to show completion of 200 hours of training, or the equivalent number of credit hours, in
lymphatic massage as defined by division rule; and
(f) meet the examination requirement established by division rule.
(12) Each applicant for licensure as an esthetician instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a
master esthetician;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
number of credit hours; or
(iii) a minimum of 1,000 hours of experience in esthetics; and
(f) meet the examination requirement established by rule.
(13) Each applicant for licensure as an esthetics school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for esthetics schools, including staff, curriculum, and accreditation
requirements, established by division rule made in collaboration with the board; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
(14) Each applicant for licensure as a hair designer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of:
(i) graduation from a licensed or recognized cosmetology/barber, hair design, or
barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
equivalent number of credit hours, with full flexibility within those hours;
(ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
instruction, or the equivalent number of credit hours, with full flexibility within those hours;
and
(B) practice as a licensed cosmetologist/barber or hair designer in a state other than
Utah for not less than the number of hours required to equal 1,200 total hours when added to
the hours of instruction described in Subsection (14)(d)(ii)(A); or
(iii) being a state licensed cosmetologist/barber; and
(e) meet the examination requirements established by rule.
(15) Each applicant for licensure as a hair designer instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a hair
designer or as a cosmetologist/barber;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
number of credit hours; or
(iii) a minimum of 2,500 hours of experience as a hair designer or as a
cosmetologist/barber; and
(f) meet the examination requirement established by rule.
(16) Each applicant for licensure as a hair design school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for a hair design school, including staff and accreditation
requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22). 
(17) Each applicant for licensure as a nail technician shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) provide satisfactory documentation of:
(i) graduation from a licensed or recognized nail technology school, or a licensed or
recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
instruction, or the equivalent number of credit hours;
(ii) (A) graduation from a recognized nail technology school located in a state other
than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
number of credit hours; and
(B) practice as a licensed nail technician in a state other than Utah for not less than the
number of hours required to equal 300 total hours when added to the hours of instruction
described in Subsection (17)(d)(ii)(A); or
(iii) completion of an approved nail technician apprenticeship; and
(e) meet the examination requirement established by division rule.
(18) Each applicant for licensure as a nail technician instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a nail
technician;
(d) be of good moral character;
(e) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
(ii) an on-the-job instructor training program conducted by a licensed instructor at a
licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
equivalent number of credit hours; or
(iii) a minimum of 600 hours of experience in nail technology; and
(f) meet the examination requirement established by rule.
(19) Each applicant for licensure as a nail technology school shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; and
(c) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's facilities comply with the requirements established by rule; and
(iv) that the applicant meets:
(A) the standards for nail technology schools, including staff, curriculum, and
accreditation requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
(20) Each applicant for licensure under this chapter whose education in the field for
which a license is sought was completed at a foreign school may satisfy the educational
requirement for licensure by demonstrating, to the satisfaction of the division, the educational
equivalency of the foreign school education with a licensed school under this chapter.
(21) (a) A licensed or recognized school under this section shall accept credit hours
towards graduation for documented, relevant, and substantially equivalent coursework
previously completed by:
(i) a student that did not complete the student's education while attending a different
school; or
(ii) a licensee of any other profession listed in this section, based on the licensee's
schooling, apprenticeship, or experience.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
consistent with this section, the division may make rules governing the acceptance of credit
hours under Subsection (21)(a).
(22) A school licensed or applying for licensure under this chapter shall maintain
recognition as an institution of postsecondary study by meeting the following conditions:
(a) the school shall admit as a regular student only an individual who has earned a
recognized high school diploma or the equivalent of a recognized high school diploma, or who
is beyond the age of compulsory high school attendance as prescribed by [
Title 53A, Chapter
11, Students in Public Schools
] 
Title 53G, Chapter 6, Part 2, Compulsory Education
; and
(b) the school shall be licensed by name, or in the case of an applicant, shall apply for
licensure by name, under this chapter to offer one or more training programs beyond the
secondary level.
(23) A person seeking to qualify for licensure under this chapter by apprenticing in an
approved apprenticeship shall register with the division as described in Section 
58-11a-306
.
(24) The department may only charge a fee to a person applying for licensure as any
type of instructor under this chapter if the person is not a licensed instructor in any other
profession under this chapter.
Section 66. Section 
58-41-4
 is amended to read:
58-41-4.
Exemptions from chapter.
(1) In addition to the exemptions from licensure in Section 
58-1-307
, the following
persons may engage in the practice of speech-language pathology and audiology subject to the
stated circumstances and limitations without being licensed under this chapter:
(a) a qualified person licensed in this state under any law existing in this state prior to
May 13, 1975, from engaging in the profession for which he is licensed;
(b) a medical doctor, physician, or surgeon licensed in this state, from engaging in his
specialty in the practice of medicine;
(c) a hearing aid dealer or salesman from selling, fitting, adjusting, and repairing
hearing aids, and conducting hearing tests solely for that purpose. However, a hearing aid
dealer may not conduct audiologic testing on persons under the age of 18 years except under
the direct supervision of an audiologist licensed under this chapter;
(d) a person who has obtained a valid and current credential issued by the State Board
of Education while performing specifically the functions of a speech-language pathologist or
audiologist, in no way in his own interest, solely within the confines of and under the direction
and jurisdiction of and only in the academic interest of the schools by which employed in this
state;
(e) a person employed as a speech-language pathologist or audiologist by federal
government agencies or subdivisions or, prior to July 1, 1989, by state or local government
agencies or subdivisions, while specifically performing speech-language pathology or
audiology services in no way in his own interest, solely within the confines of and under the
direction and jurisdiction of and in the specific interest of that agency or subdivision;
(f) a person identified in Subsections (1)(d) and (e) may offer lectures for a fee, or
monetary or other compensation, without being licensed; however, such person may elect to be
subject to the requirements of this chapter;
(g) a person employed by accredited colleges or universities as a speech-language
pathologist or audiologist from performing the services or functions described in this chapter
when they are:
(i) performed solely as an assigned teaching function of employment;
(ii) solely in academic interest and pursuit as a function of that employment;
(iii) in no way for their own interest; and
(iv) provided for no fee, monetary or otherwise, other than their agreed institutional
salary;
(h) a person pursuing a course of study leading to a degree in speech-language
pathology or audiology while enrolled in an accredited college or university, provided those
activities constitute an assigned, directed, and supervised part of his curricular study, and in no
other interest, and that all examinations, tests, histories, charts, progress notes, reports,
correspondence, and all documents and records which he produces be identified clearly as
having been conducted and prepared by a student in training and that such a person is
obviously identified and designated by appropriate title clearly indicating the training status
and provided that he does not hold himself out directly or indirectly as being qualified to
practice independently;
(i) a person trained in elementary audiometry and qualified to perform basic
audiometric tests while employed by a licensed medical doctor to perform solely for him while
under his direct supervision, the elementary conventional audiometric tests of air conduction
screening, air conduction threshold testing, and tympanometry;
(j) a person while performing as a speech-language pathologist or audiologist for the
purpose of obtaining required professional experience under the provisions of this chapter, if he
meets all training requirements and is professionally responsible to and under the supervision
of a speech-language pathologist or audiologist who holds the CCC or a state license in
speech-language pathology or audiology. This provision is applicable only during the time that
person is obtaining the required professional experience;
(k) a corporation, partnership, trust, association, group practice, or like organization
engaging in speech-language pathology or audiology services without certification or license, if
it acts only through employees or consists only of persons who are licensed under this chapter;
(l) performance of speech-language pathology or audiology services in this state by a
speech-language pathologist or audiologist who is not a resident of this state and is not licensed
under this chapter if those services are performed for no more than one month in any calendar
year in association with a speech-language pathologist or audiologist licensed under this
chapter, and if that person meets the qualifications and requirements for application for
licensure described in Section 
58-41-5
; and
(m) a person certified under [
Title 53A, State System of Public Education
] 
Title 53E,
Public Education System -- State Administration
, as a teacher of the deaf, from providing the
services or performing the functions he is certified to perform.
(2) No person is exempt from the requirements of this chapter who performs or
provides any services as a speech-language pathologist or audiologist for which a fee, salary,
bonus, gratuity, or compensation of any kind paid by the recipient of the service; or who
engages any part of his professional work for a fee practicing in conjunction with, by
permission of, or apart from his position of employment as speech-language pathologist or
audiologist in any branch or subdivision of local, state, or federal government or as otherwise
identified in this section.
Section 67. Section 
58-61-307
 is amended to read:
58-61-307.
Exemptions from licensure.
(1) Except as modified in Section 
58-61-301
, the exemptions from licensure in Section
58-1-307
 apply to this chapter.
(2) In addition to the exemptions from licensure in Section 
58-1-307
, the following
when practicing within the scope of the license held, may engage in acts included within the
definition of practice as a psychologist, subject to the stated circumstances and limitations,
without being licensed under this chapter:
(a) a physician and surgeon or osteopathic physician licensed under Chapter 67, Utah
Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
(b) a registered psychiatric mental health nurse specialist licensed under Chapter 31b,
Nurse Practice Act;
(c) a recognized member of the clergy while functioning in his ministerial capacity as
long as he does not represent himself as or use the title of psychologist;
(d) an individual who is offering expert testimony in any proceeding before a court,
administrative hearing, deposition upon the order of any court or other body having power to
order the deposition, or proceedings before any master, referee, or alternative dispute resolution
provider;
(e) an individual engaged in performing hypnosis who is not licensed under this title in
a profession which includes hypnosis in its scope of practice, and who:
(i) (A) induces a hypnotic state in a client for the purpose of increasing motivation or
altering lifestyles or habits, such as eating or smoking, through hypnosis;
(B) consults with a client to determine current motivation and behavior patterns;
(C) prepares the client to enter hypnotic states by explaining how hypnosis works and
what the client will experience;
(D) tests clients to determine degrees of suggestibility;
(E) applies hypnotic techniques based on interpretation of consultation results and
analysis of client's motivation and behavior patterns; and
(F) trains clients in self-hypnosis conditioning;
(ii) may not:
(A) engage in the practice of mental health therapy;
(B) represent himself using the title of a license classification in Subsection
58-60-102
(5); or
(C) use hypnosis with or treat a medical, psychological, or dental condition defined in
generally recognized diagnostic and statistical manuals of medical, psychological, or dental
disorders;
(f) an individual's exemption from licensure under Subsection 
58-1-307
(1)(b)
terminates when the student's training is no longer supervised by qualified faculty or staff and
the activities are no longer a defined part of the degree program;
(g) an individual holding an earned doctoral degree in psychology who is employed by
an accredited institution of higher education and who conducts research and teaches in that
individual's professional field, but only if the individual does not engage in providing delivery
or supervision of professional services regulated under this chapter to individuals or groups
regardless of whether there is compensation for the services;
(h) any individual who was employed as a psychologist by a state, county, or municipal
agency or other political subdivision of the state prior to July 1, 1981, and who subsequently
has maintained employment as a psychologist in the same state, county, or municipal agency or
other political subdivision while engaged in the performance of his official duties for that
agency or political subdivision;
(i) an individual licensed as a school psychologist under Section [
53A-6-104
]
53E-6-201
:
(i) may represent himself as and use the terms "school psychologist" or "licensed
school psychologist"; and
(ii) is restricted in his practice to employment within settings authorized by the State
Board of Education;
(j) an individual providing advice or counsel to another individual in a setting of their
association as friends or relatives and in a nonprofessional and noncommercial relationship, if
there is no compensation paid for the advice or counsel; and
(k) an individual who is licensed, in good standing, to practice mental health therapy in
a state or territory of the United States outside of Utah may provide short term transitional
mental health therapy remotely to a client in Utah only if:
(i) the individual is present in the state or territory where the individual is licensed to
practice mental health therapy;
(ii) the client relocates to Utah;
(iii) the client is a client of the individual immediately before the client relocates to
Utah;
(iv) the individual provides the short term transitional mental health therapy to the
client only during the 45 day period beginning on the day on which the client relocates to Utah;
(v) within 10 days after the day on which the client relocates to Utah, the individual
provides written notice to the division of the individual's intent to provide short term
transitional mental health therapy remotely to the client; and
(vi) the individual does not engage in unlawful conduct or unprofessional conduct.
Section 68. Section 
59-2-102
 is amended to read:
59-2-102.
Definitions.
As used in this chapter and title:
(1) "Aerial applicator" means aircraft or rotorcraft used exclusively for the purpose of
engaging in dispensing activities directly affecting agriculture or horticulture with an
airworthiness certificate from the Federal Aviation Administration certifying the aircraft or
rotorcraft's use for agricultural and pest control purposes.
(2) "Air charter service" means an air carrier operation that requires the customer to
hire an entire aircraft rather than book passage in whatever capacity is available on a scheduled
trip.
(3) "Air contract service" means an air carrier operation available only to customers
that engage the services of the carrier through a contractual agreement and excess capacity on
any trip and is not available to the public at large.
(4) "Aircraft" means the same as that term is defined in Section 
72-10-102
.
(5) (a) Except as provided in Subsection (5)(b), "airline" means an air carrier that:
(i) operates:
(A) on an interstate route; and
(B) on a scheduled basis; and
(ii) offers to fly one or more passengers or cargo on the basis of available capacity on a
regularly scheduled route.
(b) "Airline" does not include an:
(i) air charter service; or
(ii) air contract service.
(6) "Assessment roll" means a permanent record of the assessment of property as
assessed by the county assessor and the commission and may be maintained manually or as a
computerized file as a consolidated record or as multiple records by type, classification, or
categories.
(7) "Base parcel" means a parcel of property that was legally:
(a) subdivided into two or more lots, parcels, or other divisions of land; or
(b) (i) combined with one or more other parcels of property; and
(ii) subdivided into two or more lots, parcels, or other divisions of land.
(8) (a) "Certified revenue levy" means a property tax levy that provides an amount of
ad valorem property tax revenue equal to the sum of:
(i) the amount of ad valorem property tax revenue to be generated statewide in the
previous year from imposing a school minimum basic tax rate, as specified in Section
[
53A-17a-135
] 
53F-2-301
, or multicounty assessing and collecting levy, as specified in Section
59-2-1602
; and
(ii) the product of:
(A) eligible new growth, as defined in Section 
59-2-924
; and
(B) the school minimum basic tax rate or multicounty assessing and collecting levy
certified by the commission for the previous year.
(b) For purposes of this Subsection (8), "ad valorem property tax revenue" does not
include property tax revenue received by a taxing entity from personal property that is:
(i) assessed by a county assessor in accordance with Part 3, County Assessment; and
(ii) semiconductor manufacturing equipment.
(c) For purposes of calculating the certified revenue levy described in this Subsection
(8), the commission shall use:
(i) the taxable value of real property assessed by a county assessor contained on the
assessment roll;
(ii) the taxable value of real and personal property assessed by the commission; and
(iii) the taxable year end value of personal property assessed by a county assessor
contained on the prior year's assessment roll.
(9) "County-assessed commercial vehicle" means:
(a) any commercial vehicle, trailer, or semitrailer that is not apportioned under Section
41-1a-301
 and is not operated interstate to transport the vehicle owner's goods or property in
furtherance of the owner's commercial enterprise;
(b) any passenger vehicle owned by a business and used by its employees for
transportation as a company car or vanpool vehicle; and
(c) vehicles that are:
(i) especially constructed for towing or wrecking, and that are not otherwise used to
transport goods, merchandise, or people for compensation;
(ii) used or licensed as taxicabs or limousines;
(iii) used as rental passenger cars, travel trailers, or motor homes;
(iv) used or licensed in this state for use as ambulances or hearses;
(v) especially designed and used for garbage and rubbish collection; or
(vi) used exclusively to transport students or their instructors to or from any private,
public, or religious school or school activities.
(10) (a) Except as provided in Subsection (10)(b), for purposes of Section 
59-2-801
,
"designated tax area" means a tax area created by the overlapping boundaries of only the
following taxing entities:
(i) a county; and
(ii) a school district.
(b) "Designated tax area" includes a tax area created by the overlapping boundaries of
the taxing entities described in Subsection (10)(a) and:
(i) a city or town if the boundaries of the school district under Subsection (10)(a) and
the boundaries of the city or town are identical; or
(ii) a special service district if the boundaries of the school district under Subsection
(10)(a) are located entirely within the special service district.
(11) "Eligible judgment" means a final and unappealable judgment or order under
Section 
59-2-1330
:
(a) that became a final and unappealable judgment or order no more than 14 months
before the day on which the notice described in Section 
59-2-919.1
 is required to be provided;
and
(b) for which a taxing entity's share of the final and unappealable judgment or order is
greater than or equal to the lesser of:
(i) $5,000; or
(ii) 2.5% of the total ad valorem property taxes collected by the taxing entity in the
previous fiscal year.
(12) (a) "Escaped property" means any property, whether personal, land, or any
improvements to the property, that is subject to taxation and is:
(i) inadvertently omitted from the tax rolls, assigned to the incorrect parcel, or assessed
to the wrong taxpayer by the assessing authority;
(ii) undervalued or omitted from the tax rolls because of the failure of the taxpayer to
comply with the reporting requirements of this chapter; or
(iii) undervalued because of errors made by the assessing authority based upon
incomplete or erroneous information furnished by the taxpayer.
(b) "Escaped property" does not include property that is undervalued because of the use
of a different valuation methodology or because of a different application of the same valuation
methodology.
(13) "Fair market value" means the amount at which property would change hands
between a willing buyer and a willing seller, neither being under any compulsion to buy or sell
and both having reasonable knowledge of the relevant facts. For purposes of taxation, "fair
market value" shall be determined using the current zoning laws applicable to the property in
question, except in cases where there is a reasonable probability of a change in the zoning laws
affecting that property in the tax year in question and the change would have an appreciable
influence upon the value.
(14) (a) "Farm machinery and equipment," for purposes of the exemption provided
under Section 
59-2-1101
, means tractors, milking equipment and storage and cooling facilities,
feed handling equipment, irrigation equipment, harvesters, choppers, grain drills and planters,
tillage tools, scales, combines, spreaders, sprayers, haying equipment, including balers and
cubers, and any other machinery or equipment used primarily for agricultural purposes.
(b) "Farm machinery and equipment" does not include vehicles required to be
registered with the Motor Vehicle Division or vehicles or other equipment used for business
purposes other than farming.
(15) "Geothermal fluid" means water in any form at temperatures greater than 120
degrees centigrade naturally present in a geothermal system.
(16) "Geothermal resource" means:
(a) the natural heat of the earth at temperatures greater than 120 degrees centigrade;
and
(b) the energy, in whatever form, including pressure, present in, resulting from, created
by, or which may be extracted from that natural heat, directly or through a material medium.
(17) (a) "Goodwill" means:
(i) acquired goodwill that is reported as goodwill on the books and records that a
taxpayer maintains for financial reporting purposes; or
(ii) the ability of a business to:
(A) generate income that exceeds a normal rate of return on assets and that results from
a factor described in Subsection (17)(b); or
(B) obtain an economic or competitive advantage resulting from a factor described in
Subsection (17)(b).
(b) The following factors apply to Subsection (17)(a)(ii):
(i) superior management skills;
(ii) reputation;
(iii) customer relationships;
(iv) patronage; or
(v) a factor similar to Subsections (17)(b)(i) through (iv).
(c) "Goodwill" does not include:
(i) the intangible property described in Subsection (21)(a) or (b);
(ii) locational attributes of real property, including:
(A) zoning;
(B) location;
(C) view;
(D) a geographic feature;
(E) an easement;
(F) a covenant;
(G) proximity to raw materials;
(H) the condition of surrounding property; or
(I) proximity to markets;
(iii) value attributable to the identification of an improvement to real property,
including:
(A) reputation of the designer, builder, or architect of the improvement;
(B) a name given to, or associated with, the improvement; or
(C) the historic significance of an improvement; or
(iv) the enhancement or assemblage value specifically attributable to the interrelation
of the existing tangible property in place working together as a unit.
(18) "Governing body" means:
(a) for a county, city, or town, the legislative body of the county, city, or town;
(b) for a local district under Title 17B, Limited Purpose Local Government Entities -
Local Districts, the local district's board of trustees;
(c) for a school district, the local board of education; or
(d) for a special service district under Title 17D, Chapter 1, Special Service District
Act:
(i) the legislative body of the county or municipality that created the special service
district, to the extent that the county or municipal legislative body has not delegated authority
to an administrative control board established under Section 
17D-1-301
; or
(ii) the administrative control board, to the extent that the county or municipal
legislative body has delegated authority to an administrative control board established under
Section 
17D-1-301
.
(19) (a) For purposes of Section 
59-2-103
:
(i) "household" means the association of individuals who live in the same dwelling,
sharing its furnishings, facilities, accommodations, and expenses; and
(ii) "household" includes married individuals, who are not legally separated, that have
established domiciles at separate locations within the state.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules defining the term "domicile."
(20) (a) Except as provided in Subsection (20)(c), "improvement" means a building,
structure, fixture, fence, or other item that is permanently attached to land, regardless of
whether the title has been acquired to the land, if:
(i) (A) attachment to land is essential to the operation or use of the item; and
(B) the manner of attachment to land suggests that the item will remain attached to the
land in the same place over the useful life of the item; or
(ii) removal of the item would:
(A) cause substantial damage to the item; or
(B) require substantial alteration or repair of a structure to which the item is attached.
(b) "Improvement" includes:
(i) an accessory to an item described in Subsection (20)(a) if the accessory is:
(A) essential to the operation of the item described in Subsection (20)(a); and
(B) installed solely to serve the operation of the item described in Subsection (20)(a);
and
(ii) an item described in Subsection (20)(a) that is temporarily detached from the land
for repairs and remains located on the land.
(c) "Improvement" does not include:
(i) an item considered to be personal property pursuant to rules made in accordance
with Section 
59-2-107
;
(ii) a moveable item that is attached to land for stability only or for an obvious
temporary purpose;
(iii) (A) manufacturing equipment and machinery; or
(B) essential accessories to manufacturing equipment and machinery;
(iv) an item attached to the land in a manner that facilitates removal without substantial
damage to the land or the item; or
(v) a transportable factory-built housing unit as defined in Section 
59-2-1502
 if that
transportable factory-built housing unit is considered to be personal property under Section
59-2-1503
.
(21) "Intangible property" means:
(a) property that is capable of private ownership separate from tangible property,
including:
(i) money;
(ii) credits;
(iii) bonds;
(iv) stocks;
(v) representative property;
(vi) franchises;
(vii) licenses;
(viii) trade names;
(ix) copyrights; and
(x) patents;
(b) a low-income housing tax credit;
(c) goodwill; or
(d) a renewable energy tax credit or incentive, including:
(i) a federal renewable energy production tax credit under Section 45, Internal Revenue
Code;
(ii) a federal energy credit for qualified renewable electricity production facilities under
Section 48, Internal Revenue Code;
(iii) a federal grant for a renewable energy property under American Recovery and
Reinvestment Act of 2009, Pub. L. No. 111-5, Section 1603; and
(iv) a tax credit under Subsection 
59-7-614
(5).
(22) "Livestock" means:
(a) a domestic animal;
(b) a fish;
(c) a fur-bearing animal;
(d) a honeybee; or
(e) poultry.
(23) "Low-income housing tax credit" means:
(a) a federal low-income housing tax credit under Section 42, Internal Revenue Code;
or
(b) a low-income housing tax credit under Section 
59-7-607
 or Section 
59-10-1010
.
(24) "Metalliferous minerals" includes gold, silver, copper, lead, zinc, and uranium.
(25) "Mine" means a natural deposit of either metalliferous or nonmetalliferous
valuable mineral.
(26) "Mining" means the process of producing, extracting, leaching, evaporating, or
otherwise removing a mineral from a mine.
(27) (a) "Mobile flight equipment" means tangible personal property that is owned or
operated by an air charter service, air contract service, or airline and:
(i) is capable of flight or is attached to an aircraft that is capable of flight; or
(ii) is contained in an aircraft that is capable of flight if the tangible personal property
is intended to be used:
(A) during multiple flights;
(B) during a takeoff, flight, or landing; and
(C) as a service provided by an air charter service, air contract service, or airline.
(b) (i) "Mobile flight equipment" does not include a spare part other than a spare
engine that is rotated at regular intervals with an engine that is attached to the aircraft.
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules defining the term "regular intervals."
(28) "Nonmetalliferous minerals" includes, but is not limited to, oil, gas, coal, salts,
sand, rock, gravel, and all carboniferous materials.
(29) "Part-year residential property" means property that is not residential property on
January 1 of a calendar year but becomes residential property after January 1 of the calendar
year.
(30) "Personal property" includes:
(a) every class of property as defined in Subsection (31) that is the subject of
ownership and is not real estate or an improvement;
(b) any pipe laid in or affixed to land whether or not the ownership of the pipe is
separate from the ownership of the underlying land, even if the pipe meets the definition of an
improvement;
(c) bridges and ferries;
(d) livestock; and
(e) outdoor advertising structures as defined in Section 
72-7-502
.
(31) (a) "Property" means property that is subject to assessment and taxation according
to its value.
(b) "Property" does not include intangible property as defined in this section.
(32) "Public utility" means:
(a) for purposes of this chapter, the operating property of a railroad, gas corporation, oil
or gas transportation or pipeline company, coal slurry pipeline company, electrical corporation,
telephone corporation, sewerage corporation, or heat corporation where the company performs
the service for, or delivers the commodity to, the public generally or companies serving the
public generally, or in the case of a gas corporation or an electrical corporation, where the gas
or electricity is sold or furnished to any member or consumers within the state for domestic,
commercial, or industrial use; and
(b) the operating property of any entity or person defined under Section 
54-2-1
 except
water corporations.
(33) (a) Subject to Subsection (33)(b), "qualifying exempt primary residential rental
personal property" means household furnishings, furniture, and equipment that:
(i) are used exclusively within a dwelling unit that is the primary residence of a tenant;
(ii) are owned by the owner of the dwelling unit that is the primary residence of a
tenant; and
(iii) after applying the residential exemption described in Section 
59-2-103
, are exempt
from taxation under this chapter in accordance with Subsection 
59-2-1115
(2).
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "dwelling unit" for purposes of this Subsection (33)
and Subsection (36).
(34) "Real estate" or "real property" includes:
(a) the possession of, claim to, ownership of, or right to the possession of land;
(b) all mines, minerals, and quarries in and under the land, all timber belonging to
individuals or corporations growing or being on the lands of this state or the United States, and
all rights and privileges appertaining to these; and
(c) improvements.
(35) (a) "Relationship with an owner of the property's land surface rights" means a
relationship described in Subsection 267(b), Internal Revenue Code, except that the term 25%
shall be substituted for the term 50% in Subsection 267(b), Internal Revenue Code.
(b) For purposes of determining if a relationship described in Subsection 267(b),
Internal Revenue Code, exists, the ownership of stock shall be determined using the ownership
rules in Subsection 267(c), Internal Revenue Code.
(36) (a) Subject to Subsection (36)(b), "residential property," for purposes of the
reductions and adjustments under this chapter, means any property used for residential
purposes as a primary residence.
(b) Subject to Subsection (36)(c), "residential property":
(i) except as provided in Subsection (36)(b)(ii), includes household furnishings,
furniture, and equipment if the household furnishings, furniture, and equipment are:
(A) used exclusively within a dwelling unit that is the primary residence of a tenant;
and
(B) owned by the owner of the dwelling unit that is the primary residence of a tenant;
and
(ii) does not include property used for transient residential use.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "dwelling unit" for purposes of Subsection (33) and
this Subsection (36).
(37) "Split estate mineral rights owner" means a person that:
(a) has a legal right to extract a mineral from property;
(b) does not hold more than a 25% interest in:
(i) the land surface rights of the property where the wellhead is located; or
(ii) an entity with an ownership interest in the land surface rights of the property where
the wellhead is located;
(c) is not an entity in which the owner of the land surface rights of the property where
the wellhead is located holds more than a 25% interest; and
(d) does not have a relationship with an owner of the land surface rights of the property
where the wellhead is located.
(38) (a) "State-assessed commercial vehicle" means:
(i) any commercial vehicle, trailer, or semitrailer that operates interstate or intrastate to
transport passengers, freight, merchandise, or other property for hire; or
(ii) any commercial vehicle, trailer, or semitrailer that operates interstate and transports
the vehicle owner's goods or property in furtherance of the owner's commercial enterprise.
(b) "State-assessed commercial vehicle" does not include vehicles used for hire that are
specified in Subsection (9)(c) as county-assessed commercial vehicles.
(39) "Subdivided lot" means a lot, parcel, or other division of land, that is a division of
a base parcel.
(40) "Taxable value" means fair market value less any applicable reduction allowed for
residential property under Section 
59-2-103
.
(41) "Tax area" means a geographic area created by the overlapping boundaries of one
or more taxing entities.
(42) "Taxing entity" means any county, city, town, school district, special taxing
district, local district under Title 17B, Limited Purpose Local Government Entities - Local
Districts, or other political subdivision of the state with the authority to levy a tax on property.
(43) (a) "Tax roll" means a permanent record of the taxes charged on property, as
extended on the assessment roll, and may be maintained on the same record or records as the
assessment roll or may be maintained on a separate record properly indexed to the assessment
roll.
(b) "Tax roll" includes tax books, tax lists, and other similar materials.
Section 69. Section 
59-2-918.6
 is amended to read:
59-2-918.6.
New and remaining school district budgets -- Advertisement -- Public
hearing.
(1) As used in this section, "existing school district," "new school district," and
"remaining school district" are as defined in Section [
53A-2-117
] 
53G-3-102
.
(2) For the first fiscal year in which a new school district created under Section
[
53A-2-118.1
] 
53G-3-302
 assumes responsibility for providing student instruction, the new
school district and the remaining school district or districts may not impose a property tax
unless the district imposing the tax:
(a) advertises its intention to do so in accordance with Subsection (3); and
(b) holds a public hearing in accordance with Subsection (4).
(3) The advertisement required by this section:
(a) may be combined with the advertisement described in Section 
59-2-919
;
(b) shall be at least 1/4 of a page in size and shall meet the type, placement, and
frequency requirements established under Section 
59-2-919
; and
(c) shall specify the date, time, and location of the public hearing at which the levy will
be considered and shall set forth the total amount of the district's proposed property tax levy
and the tax impact on an average residential and business property located within the taxing
entity compared to the property tax levy imposed in the prior year by the existing school
district.
(4) (a) The date, time, and place of public hearings required by this section shall be
included on the notice provided to property owners pursuant to Section 
59-2-919.1
.
(b) If a final decision regarding the property tax levy is not made at the public hearing,
the school district shall announce at the public hearing the scheduled time and place for
consideration and adoption of the budget and property tax levies.
Section 70. Section 
59-2-919
 is amended to read:
59-2-919.
Notice and public hearing requirements for certain tax increases --
Exceptions.
(1) As used in this section:
(a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
(b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
revenue from:
(i) eligible new growth as defined in Section 
59-2-924
; or
(ii) personal property that is:
(A) assessed by a county assessor in accordance with Part 3, County Assessment; and
(B) semiconductor manufacturing equipment.
(c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
that begins on January 1 and ends on December 31.
(d) "County executive calendar year taxing entity" means a calendar year taxing entity
that operates under the county executive-council form of government described in Section
17-52-504
.
(e) "Current calendar year" means the calendar year immediately preceding the
calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
calendar year taxing entity's certified tax rate.
(f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
begins on July 1 and ends on June 30.
(g) "Last year's property tax budgeted revenue" does not include revenue received by a
taxing entity from a debt service levy voted on by the public.
(2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
rate unless the taxing entity meets:
(a) the requirements of this section that apply to the taxing entity; and
(b) all other requirements as may be required by law.
(3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar
year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's certified tax
rate if the calendar year taxing entity:
(i) 14 or more days before the date of the regular general election or municipal general
election held in the current calendar year, states at a public meeting:
(A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
calendar year taxing entity's certified tax rate;
(B) the dollar amount of and purpose for additional ad valorem tax revenue that would
be generated by the proposed increase in the certified tax rate; and
(C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
based on the proposed increase described in Subsection (3)(a)(i)(B);
(ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
separate item on the meeting agenda that notifies the public that the calendar year taxing entity
intends to make the statement described in Subsection (3)(a)(i);
(iii) meets the advertisement requirements of Subsections (6) and (7) before the
calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
(iv) provides notice by mail:
(A) seven or more days before the regular general election or municipal general
election held in the current calendar year; and
(B) as provided in Subsection (3)(c); and
(v) conducts a public hearing that is held:
(A) in accordance with Subsections (8) and (9); and
(B) in conjunction with the public hearing required by Section 
17-36-13
 or 
17B-1-610
.
(b) (i) For a county executive calendar year taxing entity, the statement described in
Subsection (3)(a)(i) shall be made by the:
(A) county council;
(B) county executive; or
(C) both the county council and county executive.
(ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
county council states a dollar amount of additional ad valorem tax revenue that is greater than
the amount of additional ad valorem tax revenue previously stated by the county executive in
accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
(A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
county executive calendar year taxing entity conducts the public hearing under Subsection
(3)(a)(v); and
(B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
county executive calendar year taxing entity conducts the public hearing required by
Subsection (3)(a)(v).
(c) The notice described in Subsection (3)(a)(iv):
(i) shall be mailed to each owner of property:
(A) within the calendar year taxing entity; and
(B) listed on the assessment roll;
(ii) shall be printed on a separate form that:
(A) is developed by the commission;
(B) states at the top of the form, in bold upper-case type no smaller than 18 point
"NOTICE OF PROPOSED TAX INCREASE"; and
(C) may be mailed with the notice required by Section 
59-2-1317
;
(iii) shall contain for each property described in Subsection (3)(c)(i):
(A) the value of the property for the current calendar year;
(B) the tax on the property for the current calendar year; and
(C) subject to Subsection (3)(d), for the calendar year for which the calendar year
taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
rate, the estimated tax on the property;
(iv) shall contain the following statement:
"[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
year]. This notice contains estimates of the tax on your property and the proposed tax increase
on your property as a result of this tax increase. These estimates are calculated on the basis of
[insert previous applicable calendar year] data. The actual tax on your property and proposed
tax increase on your property may vary from this estimate.";
(v) shall state the date, time, and place of the public hearing described in Subsection
(3)(a)(v); and
(vi) may contain other property tax information approved by the commission.
(d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
calculate the estimated tax on property on the basis of:
(i) data for the current calendar year; and
(ii) the amount of additional ad valorem tax revenue stated in accordance with this
section.
(4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
(a) provides notice by meeting the advertisement requirements of Subsections (6) and
(7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
taxing entity's annual budget is adopted; and
(b) conducts a public hearing in accordance with Subsections (8) and (9) before the
fiscal year taxing entity's annual budget is adopted.
(5) (a) A taxing entity is not required to meet the notice or public hearing requirements
of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
the requirements of this section.
(b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
(4) if:
(i) Section [
53A-17a-133
] 
53F-8-301
 allows the taxing entity to levy a tax rate that
exceeds that certified tax rate without having to comply with the notice provisions of this
section; or
(ii) the taxing entity:
(A) budgeted less than $20,000 in ad valorem tax revenues for the previous fiscal year;
and
(B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
revenues.
(6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
section shall be published:
(i) subject to Section 
45-1-101
, in a newspaper or combination of newspapers of
general circulation in the taxing entity;
(ii) electronically in accordance with Section 
45-1-101
; and
(iii) on the Utah Public Notice Website created in Section 
63F-1-701
.
(b) The advertisement described in Subsection (6)(a)(i) shall:
(i) be no less than 1/4 page in size;
(ii) use type no smaller than 18 point; and
(iii) be surrounded by a 1/4-inch border.
(c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
(d) It is the intent of the Legislature that:
(i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
newspaper that is published at least one day per week; and
(ii) the newspaper or combination of newspapers selected:
(A) be of general interest and readership in the taxing entity; and
(B) not be of limited subject matter.
(e) (i) The advertisement described in Subsection (6)(a)(i) shall:
(A) except as provided in Subsection (6)(f), be run once each week for the two weeks
before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
and
(B) state that the taxing entity will meet on a certain day, time, and place fixed in the
advertisement, which shall be seven or more days after the day the first advertisement is
published, for the purpose of hearing comments regarding any proposed increase and to explain
the reasons for the proposed increase.
(ii) The advertisement described in Subsection (6)(a)(ii) shall:
(A) be published two weeks before a taxing entity conducts a public hearing described
in Subsection (3)(a)(v) or (4)(b); and
(B) state that the taxing entity will meet on a certain day, time, and place fixed in the
advertisement, which shall be seven or more days after the day the first advertisement is
published, for the purpose of hearing comments regarding any proposed increase and to explain
the reasons for the proposed increase.
(f) If a fiscal year taxing entity's public hearing information is published by the county
auditor in accordance with Section 
59-2-919.2
, the fiscal year taxing entity is not subject to the
requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
the advertisement once during the week before the fiscal year taxing entity conducts a public
hearing at which the taxing entity's annual budget is discussed.
(g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
advertisement shall be substantially as follows:
"NOTICE OF PROPOSED TAX INCREASE
(NAME OF TAXING ENTITY)
The (name of the taxing entity) is proposing to increase its property tax revenue.
• The (name of the taxing entity) tax on a (insert the average value of a residence
in the taxing entity rounded to the nearest thousand dollars) residence would
increase from $______ to $________, which is $_______ per year.
• The (name of the taxing entity) tax on a (insert the value of a business having
the same value as the average value of a residence in the taxing entity) business
would increase from $________ to $_______, which is $______ per year.
• If the proposed budget is approved, (name of the taxing entity) would increase
its property tax budgeted revenue by ___% above last year's property tax
budgeted revenue excluding eligible new growth.
All concerned citizens are invited to a public hearing on the tax increase.
PUBLIC HEARING
Date/Time: (date) (time)
Location: (name of meeting place and address of meeting place)
To obtain more information regarding the tax increase, citizens may contact the (name
of the taxing entity) at (phone number of taxing entity)."
(7) The commission:
(a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
two or more taxing entities; and
(b) subject to Section 
45-1-101
, may authorize:
(i) the use of a weekly newspaper:
(A) in a county having both daily and weekly newspapers if the weekly newspaper
would provide equal or greater notice to the taxpayer; and
(B) if the county petitions the commission for the use of the weekly newspaper; or
(ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
if:
(A) the cost of the advertisement would cause undue hardship;
(B) the direct notice is different and separate from that provided for in Section
59-2-919.1
; and
(C) the taxing entity petitions the commission for the use of a commission approved
direct notice.
(8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
legislative body in which the fiscal year taxing entity is located of the date, time, and place of
the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
(B) A county that receives notice from a fiscal year taxing entity under Subsection
(8)(a)(i)(A) shall include on the notice required by Section 
59-2-919.1
 the date, time, and place
of the public hearing described in Subsection (8)(a)(i)(A).
(ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
year, notify the county legislative body in which the calendar year taxing entity is located of the
date, time, and place of the first public hearing at which the calendar year taxing entity's annual
budget will be discussed.
(b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be open to the
public.
(ii) The governing body of a taxing entity conducting a public hearing described in
Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
opportunity to present oral testimony within reasonable time limits.
(c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
of another overlapping taxing entity in the same county.
(ii) The taxing entities in which the power to set tax levies is vested in the same
governing board or authority may consolidate the public hearings described in Subsection
(3)(a)(v) or (4)(b) into one public hearing.
(d) A county legislative body shall resolve any conflict in public hearing dates and
times after consultation with each affected taxing entity.
(e) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
(4)(b) beginning at or after 6 p.m.
(9) (a) If a taxing entity does not make a final decision on budgeting additional ad
valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
entity shall announce at that public hearing the scheduled time and place of the next public
meeting at which the taxing entity will consider budgeting the additional ad valorem tax
revenue.
(b) A calendar year taxing entity may not adopt a final budget that budgets an amount
of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
tax revenue stated at a public meeting under Subsection (3)(a)(i).
(c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
annual budget.
Section 71. Section 
59-2-924
 is amended to read:
59-2-924.
Definitions -- Report of valuation of property to county auditor and
commission -- Transmittal by auditor to governing bodies -- Calculation of certified tax
rate -- Rulemaking authority -- Adoption of tentative budget -- Notice provided by the
commission.
(1) As used in this section:
(a) (i) "Ad valorem property tax revenue" means revenue collected in accordance with
this chapter.
(ii) "Ad valorem property tax revenue" does not include:
(A) interest;
(B) penalties;
(C) collections from redemptions; or
(D) revenue received by a taxing entity from personal property that is semiconductor
manufacturing equipment assessed by a county assessor in accordance with Part 3, County
Assessment.
(b) (i) "Aggregate taxable value of all property taxed" means:
(A) the aggregate taxable value of all real property a county assessor assesses in
accordance with Part 3, County Assessment, for the current year;
(B) the aggregate taxable value of all real and personal property the commission
assesses in accordance with Part 2, Assessment of Property, for the current year; and
(C) the aggregate year end taxable value of all personal property a county assessor
assesses in accordance with Part 3, County Assessment, contained on the prior year's tax rolls
of the taxing entity.
(ii) "Aggregate taxable value of all property taxed" does not include the aggregate year
end taxable value of personal property that is:
(A) semiconductor manufacturing equipment assessed by a county assessor in
accordance with Part 3, County Assessment; and
(B) contained on the prior year's tax rolls of the taxing entity.
(c) "Centrally assessed benchmark value" means an amount equal to the highest year
end taxable value of real and personal property the commission assesses in accordance with
Part 2, Assessment of Property, for a previous calendar year that begins on or after January 1,
2015, adjusted for taxable value attributable to:
(i) an annexation to a taxing entity; or
(ii) an incorrect allocation of taxable value of real or personal property the commission
assesses in accordance with Part 2, Assessment of Property. 
(d) (i) "Centrally assessed new growth" means the greater of:
(A) zero; or
(B) the amount calculated by subtracting the centrally assessed benchmark value
adjusted for prior year end incremental value from the taxable value of real and personal
property the commission assesses in accordance with Part 2, Assessment of Property, for the
current year, adjusted for current year incremental value.
(ii) "Centrally assessed new growth" does not include a change in value as a result of a
change in the method of apportioning the value prescribed by the Legislature, a court, or the
commission in an administrative rule or administrative order.
(e) "Certified tax rate" means a tax rate that will provide the same ad valorem property
tax revenue for a taxing entity as was budgeted by that taxing entity for the prior year.
(f) "Eligible new growth" means the greater of:
(i) zero; or
(ii) the sum of:
(A) locally assessed new growth;
(B) centrally assessed new growth; and
(C) project area new growth.
(g) "Incremental value" means the same as that term is defined in Section 
17C-1-102
.
(h) (i) "Locally assessed new growth" means the greater of:
(A) zero; or
(B) the amount calculated by subtracting the year end taxable value of real property the
county assessor assesses in accordance with Part 3, County Assessment, for the previous year,
adjusted for prior year end incremental value from the taxable value of real property the county
assessor assesses in accordance with Part 3, County Assessment, for the current year, adjusted
for current year incremental value.
(ii) "Locally assessed new growth" does not include a change in:
(A) value as a result of factoring in accordance with Section 
59-2-704
, reappraisal, or
another adjustment;
(B) assessed value based on whether a property is allowed a residential exemption for a
primary residence under Section 
59-2-103
;
(C) assessed value based on whether a property is assessed under Part 5, Farmland
Assessment Act; or
(D) assessed value based on whether a property is assessed under Part 17, Urban
Farming Assessment Act.
(i) "Project area" means the same as that term is defined in Section 
17C-1-102
.
(j) "Project area new growth" means an amount equal to the incremental value that is
no longer provided to an agency as tax increment.
(2) Before June 1 of each year, the county assessor of each county shall deliver to the
county auditor and the commission the following statements:
(a) a statement containing the aggregate valuation of all taxable real property a county
assessor assesses in accordance with Part 3, County Assessment, for each taxing entity; and
(b) a statement containing the taxable value of all personal property a county assessor
assesses in accordance with Part 3, County Assessment, from the prior year end values.
(3) The county auditor shall, on or before June 8, transmit to the governing body of
each taxing entity:
(a) the statements described in Subsections (2)(a) and (b);
(b) an estimate of the revenue from personal property;
(c) the certified tax rate; and
(d) all forms necessary to submit a tax levy request.
(4) (a) Except as otherwise provided in this section, the certified tax rate shall be
calculated by dividing the ad valorem property tax revenue that a taxing entity budgeted for the
prior year by the amount calculated under Subsection (4)(b).
(b) For purposes of Subsection (4)(a), the legislative body of a taxing entity shall
calculate an amount as follows:
(i) calculate for the taxing entity the difference between:
(A) the aggregate taxable value of all property taxed; and
(B) any adjustments for current year incremental value;
(ii) after making the calculation required by Subsection (4)(b)(i), calculate an amount
determined by increasing or decreasing the amount calculated under Subsection (4)(b)(i) by the
average of the percentage net change in the value of taxable property for the equalization
period for the three calendar years immediately preceding the current calendar year;
(iii) after making the calculation required by Subsection (4)(b)(ii), calculate the product
of:
(A) the amount calculated under Subsection (4)(b)(ii); and
(B) the percentage of property taxes collected for the five calendar years immediately
preceding the current calendar year; and
(iv) after making the calculation required by Subsection (4)(b)(iii), calculate an amount
determined by subtracting eligible new growth from the amount calculated under Subsection
(4)(b)(iii).
(5) A certified tax rate for a taxing entity described in this Subsection (5) shall be
calculated as follows:
(a) except as provided in Subsection (5)(b), for a new taxing entity, the certified tax
rate is zero;
(b) for a municipality incorporated on or after July 1, 1996, the certified tax rate is:
(i) in a county of the first, second, or third class, the levy imposed for municipal-type
services under Sections 
17-34-1
 and 
17-36-9
; and
(ii) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
purposes and such other levies imposed solely for the municipal-type services identified in
Section 
17-34-1
 and Subsection 
17-36-3
(22); and
(c) for debt service voted on by the public, the certified tax rate is the actual levy
imposed by that section, except that a certified tax rate for the following levies shall be
calculated in accordance with Section 
59-2-913
 and this section:
(i) a school levy provided for under Section [
53A-16-113
] 
53F-8-303
, [
53A-17a-133
]
53F-8-301
, or [
53A-17a-164
] 
53F-8-302
; and
(ii) a levy to pay for the costs of state legislative mandates or judicial or administrative
orders under Section 
59-2-1602
.
(6) (a) A judgment levy imposed under Section 
59-2-1328
 or 
59-2-1330
 may be
imposed at a rate that is sufficient to generate only the revenue required to satisfy one or more
eligible judgments.
(b) The ad valorem property tax revenue generated by a judgment levy described in
Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate certified tax
rate.
(7) (a) For the purpose of calculating the certified tax rate, the county auditor shall use:
(i) the taxable value of real property:
(A) the county assessor assesses in accordance with Part 3, County Assessment; and
(B) contained on the assessment roll;
(ii) the year end taxable value of personal property:
(A) a county assessor assesses in accordance with Part 3, County Assessment; and
(B) contained on the prior year's assessment roll; and
(iii) the taxable value of real and personal property the commission assesses in
accordance with Part 2, Assessment of Property.
(b) For purposes of Subsection (7)(a), taxable value does not include eligible new
growth.
(8) (a) On or before June 22, a taxing entity shall annually adopt a tentative budget.
(b) If a taxing entity intends to exceed the certified tax rate, the taxing entity shall
notify the county auditor of:
(i) the taxing entity's intent to exceed the certified tax rate; and
(ii) the amount by which the taxing entity proposes to exceed the certified tax rate.
(c) The county auditor shall notify property owners of any intent to levy a tax rate that
exceeds the certified tax rate in accordance with Sections 
59-2-919
 and 
59-2-919.1
.
(9) (a) Subject to Subsection (9)(d), the commission shall provide notice, through
electronic means on or before July 31, to a taxing entity and the Revenue and Taxation Interim
Committee if:
(i) the amount calculated under Subsection (9)(b) is 10% or more of the year end
taxable value of the real and personal property the commission assesses in accordance with
Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental
value; and
(ii) the amount calculated under Subsection (9)(c) is 50% or more of the total year end
taxable value of the real and personal property of a taxpayer the commission assesses in
accordance with Part 2, Assessment of Property, for the previous year.
(b) For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by
subtracting the taxable value of real and personal property the commission assesses in
accordance with Part 2, Assessment of Property, for the current year, adjusted for current year
incremental value, from the year end taxable value of the real and personal property the
commission assesses in accordance with Part 2, Assessment of Property, for the previous year,
adjusted for prior year end incremental value.
(c) For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by
subtracting the total taxable value of real and personal property of a taxpayer the commission
assesses in accordance with Part 2, Assessment of Property, for the current year, from the total
year end taxable value of the real and personal property of a taxpayer the commission assesses
in accordance with Part 2, Assessment of Property, for the previous year.
(d) The notification under Subsection (9)(a) shall include a list of taxpayers that meet
the requirement under Subsection (9)(a)(ii).
Section 72. Section 
59-2-926
 is amended to read:
59-2-926.
Proposed tax increase by state -- Notice -- Contents -- Dates.
If the state authorizes a levy pursuant to Section [
53A-17a-135
] 
53F-2-301
 that exceeds
the certified revenue levy as defined in Section [
53A-17a-103
] 
53F-2-102
 or authorizes a levy
pursuant to Section 
59-2-1602
 that exceeds the certified revenue levy as defined in Section
59-2-102
, the state shall publish a notice no later than 10 days after the last day of the annual
legislative general session that meets the following requirements:
(1) (a) The Office of the Legislative Fiscal Analyst shall advertise that the state
authorized a levy that generates revenue in excess of the previous year's ad valorem tax
revenue, plus eligible new growth as defined in Section 
59-2-924
, but exclusive of revenue
from collections from redemptions, interest, and penalties:
(i) in a newspaper of general circulation in the state; and
(ii) as required in Section 
45-1-101
.
(b) Except an advertisement published on a website, the advertisement described in
Subsection (1)(a):
(i) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
point, and surrounded by a 1/4-inch border;
(ii) may not be placed in that portion of the newspaper where legal notices and
classified advertisements appear; and
(iii) shall be run once.
(2) The form and content of the notice shall be substantially as follows:
"NOTICE OF TAX INCREASE
The state has budgeted an increase in its property tax revenue from $__________ to
$__________ or ____%. The increase in property tax revenues will come from the following
sources (include all of the following provisions):
(a) $__________ of the increase will come from (provide an explanation of the cause
of adjustment or increased revenues, such as reappraisals or factoring orders);
(b) $__________ of the increase will come from natural increases in the value of the
tax base due to (explain cause of eligible new growth, such as new building activity,
annexation, etc.);
(c) a home valued at $100,000 in the state of Utah which based on last year's (levy for
the basic state-supported school program, levy for the Property Tax Valuation Agency Fund, or
both) paid $____________ in property taxes would pay the following:
(i) $__________ if the state of Utah did not budget an increase in property tax revenue
exclusive of eligible new growth; and
(ii) $__________ under the increased property tax revenues exclusive of eligible new
growth budgeted by the state of Utah."
Section 73. Section 
59-2-1101
 is amended to read:
59-2-1101.
Definitions -- Exemption of certain property -- Proportional payments
for certain property -- County legislative body authority to adopt rules or ordinances.
(1) As used in this section:
(a) "Educational purposes" includes:
(i) the physical or mental teaching, training, or conditioning of competitive athletes by
a national governing body of sport recognized by the United States Olympic Committee that
qualifies as being tax exempt under Section 501(c)(3), Internal Revenue Code; and
(ii) an activity in support of or incidental to the teaching, training, or conditioning
described in Subsection (1)(a)(i).
(b) "Exclusive use exemption" means a property tax exemption under Subsection
(3)(a)(iv), for property owned by a nonprofit entity used exclusively for religious, charitable, or
educational purposes.
(c) "Government exemption" means a property tax exemption provided under
Subsection (3)(a)(i), (ii), or (iii).
(d) "Nonprofit entity" includes an entity if the:
(i) entity is treated as a disregarded entity for federal income tax purposes;
(ii) entity is wholly owned by, and controlled under the direction of, a nonprofit entity;
and
(iii) net earnings and profits of the entity irrevocably inure to the benefit of a nonprofit
entity.
(e) "Tax relief" means an exemption, deferral, or abatement that is authorized by this
part.
(2) (a) Except as provided in Subsection (2)(b) or (c), tax relief may be allowed only if
the claimant is the owner of the property as of January 1 of the year the exemption is claimed.
(b) Notwithstanding Subsection (2)(a), a claimant shall collect and pay a proportional
tax based upon the length of time that the property was not owned by the claimant if:
(i) the claimant is a federal, state, or political subdivision entity described in
Subsection (3)(a)(i), (ii), or (iii); or
(ii) pursuant to Subsection (3)(a)(iv):
(A) the claimant is a nonprofit entity; and
(B) the property is used exclusively for religious, charitable, or educational purposes.
(c) Subsection (2)(a) does not apply to an exemption under Section 
59-2-1104
.
(3) (a) The following property is exempt from taxation:
(i) property exempt under the laws of the United States;
(ii) property of:
(A) the state;
(B) school districts; and
(C) public libraries;
(iii) except as provided in Title 11, Chapter 13, Interlocal Cooperation Act, property of:
(A) counties;
(B) cities;
(C) towns;
(D) local districts;
(E) special service districts; and
(F) all other political subdivisions of the state;
(iv) property owned by a nonprofit entity used exclusively for religious, charitable, or
educational purposes;
(v) places of burial not held or used for private or corporate benefit;
(vi) farm machinery and equipment;
(vii) a high tunnel, as defined in Section 
10-9a-525
;
(viii) intangible property; and
(ix) the ownership interest of an out-of-state public agency, as defined in Section
11-13-103
:
(A) if that ownership interest is in property providing additional project capacity, as
defined in Section 
11-13-103
; and
(B) on which a fee in lieu of ad valorem property tax is payable under Section
11-13-302
.
(b) For purposes of a property tax exemption for property of school districts under
Subsection (3)(a)(ii)(B), a charter school under [
Title 53A, Chapter 1a, Part 5, The Utah
Charter Schools Act
] 
Title 53G, Chapter 5, Charter Schools
, is considered to be a school
district.
(4) Subject to Subsection (5), if property that is allowed an exclusive use exemption or
a government exemption ceases to qualify for the exemption because of a change in the
ownership of the property:
(a) the new owner of the property shall pay a proportional tax based upon the period of
time:
(i) beginning on the day that the new owner acquired the property; and
(ii) ending on the last day of the calendar year during which the new owner acquired
the property; and
(b) the new owner of the property and the person from whom the new owner acquires
the property shall notify the county assessor, in writing, of the change in ownership of the
property within 30 days from the day that the new owner acquires the property.
(5) Notwithstanding Subsection (4)(a), the proportional tax described in Subsection
(4)(a):
(a) is subject to any exclusive use exemption or government exemption that the
property is entitled to under the new ownership of the property; and
(b) applies only to property that is acquired after December 31, 2005.
(6) A county legislative body may adopt rules or ordinances to:
(a) effectuate the exemptions, deferrals, abatements, or other relief from taxation
provided in this part; and
(b) designate one or more persons to perform the functions given the county under this
part.
Section 74. Section 
59-10-1018
 is amended to read:
59-10-1018.
Definitions -- Nonrefundable taxpayer tax credits.
(1) As used in this section:
(a) "Dependent adult with a disability" means an individual who:
(i) a claimant claims as a dependent under Section 151, Internal Revenue Code, on the
claimant's federal individual income tax return for the taxable year;
(ii) is not the claimant or the claimant's spouse; and
(iii) is:
(A) 18 years of age or older;
(B) eligible for services under Title 62A, Chapter 5, Services for People with
Disabilities; and
(C) not enrolled in an education program for students with disabilities that is
authorized under Section [
53A-15-301
] 
53E-7-202
.
(b) "Dependent child with a disability" means an individual 21 years of age or younger
who:
(i) a claimant claims as a dependent under Section 151, Internal Revenue Code, on the
claimant's federal individual income tax return for the taxable year;
(ii) is not the claimant or the claimant's spouse; and
(iii) is:
(A) an eligible student with a disability; or
(B) identified under guidelines of the Department of Health as qualified for Early
Intervention or Infant Development Services.
(c) "Eligible student with a disability" means an individual who is:
(i) diagnosed by a school district representative under rules the State Board of
Education adopts in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, as having a disability classified as autism, deafness, preschool developmental delay, dual
sensory impairment, hearing impairment, intellectual disability, multidisability, orthopedic
impairment, other health impairment, traumatic brain injury, or visual impairment;
(ii) not receiving residential services from the Division of Services for People with
Disabilities created under Section 
62A-5-102
 or a school established under [
Title 53A, Chapter
25b, Utah Schools for the Deaf and the Blind
] 
Title 53E, Chapter 8, Utah Schools for the Deaf
and the Blind
; and
(iii) (A) enrolled in an education program for students with disabilities that is
authorized under Section [
53A-15-301
] 
53E-7-202
; or
(B) a recipient of a scholarship awarded under [
Title 53A, Chapter 1a, Part 7, Carson
Smith Scholarships for Students with Special Needs Act
] 
Title 53F, Chapter 4, Part 3, Carson
Smith Scholarship Program
.
(d) "Head of household filing status" means a head of household, as defined in Section
2(b), Internal Revenue Code, who files a single federal individual income tax return for the
taxable year.
(e) "Joint filing status" means:
(i) a husband and wife who file a single return jointly under this chapter for a taxable
year; or
(ii) a surviving spouse, as defined in Section 2(a), Internal Revenue Code, who files a
single federal individual income tax return for the taxable year.
(f) "Single filing status" means:
(i) a single individual who files a single federal individual income tax return for the
taxable year; or
(ii) a married individual who:
(A) does not file a single federal individual income tax return jointly with that married
individual's spouse for the taxable year; and
(B) files a single federal individual income tax return for the taxable year.
(2) Except as provided in Section 
59-10-1002.2
, and subject to Subsections (3) through
(5), a claimant may claim a nonrefundable tax credit against taxes otherwise due under this part
equal to the sum of:
(a) (i) for a claimant that deducts the standard deduction on the claimant's federal
individual income tax return for the taxable year, 6% of the amount the claimant deducts as
allowed as the standard deduction on the claimant's federal individual income tax return for
that taxable year; or
(ii) for a claimant that itemizes deductions on the claimant's federal individual income
tax return for the taxable year, the product of:
(A) the difference between:
(I) the amount the claimant deducts as allowed as an itemized deduction on the
claimant's federal individual income tax return for that taxable year; and
(II) any amount of state or local income taxes the claimant deducts as allowed as an
itemized deduction on the claimant's federal individual income tax return for that taxable year;
and
(B) 6%; and
(b) the product of:
(i) 75% of the total amount the claimant deducts as allowed as a personal exemption
deduction on the claimant's federal individual income tax return for that taxable year, plus an
additional 75% of the amount the claimant deducts as allowed as a personal exemption
deduction on the claimant's federal individual income tax return for that taxable year with
respect to each dependent adult with a disability or dependent child with a disability; and
(ii) 6%.
(3) A claimant may not carry forward or carry back a tax credit under this section.
(4) The tax credit allowed by Subsection (2) shall be reduced by $.013 for each dollar
by which a claimant's state taxable income exceeds:
(a) for a claimant who has a single filing status, $12,000;
(b) for a claimant who has a head of household filing status, $18,000; or
(c) for a claimant who has a joint filing status, $24,000.
(5) (a) For taxable years beginning on or after January 1, 2009, the commission shall
increase or decrease the following dollar amounts by a percentage equal to the percentage
difference between the consumer price index for the preceding calendar year and the consumer
price index for calendar year 2007:
(i) the dollar amount listed in Subsection (4)(a); and
(ii) the dollar amount listed in Subsection (4)(b).
(b) After the commission increases or decreases the dollar amounts listed in Subsection
(5)(a), the commission shall round those dollar amounts listed in Subsection (5)(a) to the
nearest whole dollar.
(c) After the commission rounds the dollar amounts as required by Subsection (5)(b),
the commission shall increase or decrease the dollar amount listed in Subsection (4)(c) so that
the dollar amount listed in Subsection (4)(c) is equal to the product of:
(i) the dollar amount listed in Subsection (4)(a); and
(ii) two.
(d) For purposes of Subsection (5)(a), the commission shall calculate the consumer
price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
Section 75. Section 
59-10-1307
 is amended to read:
59-10-1307.
Contributions for education.
(1) Except as provided in Section 
59-10-1304
, a resident or nonresident individual that
files an individual income tax return under this chapter may designate on the resident or
nonresident individual's individual income tax return a contribution as provided in this part to:
(a) the foundation of any school district if that foundation is exempt from federal
income taxation under Section 501(c)(3), Internal Revenue Code; or
(b) a school district described in [
Title 53A, Chapter 2, School Districts
] 
Title 53G,
Chapter 3, School District Creation and Change
, if the school district has not established a
foundation.
(2) If a resident or nonresident individual designates an amount as a contribution
under:
(a) Subsection (1)(a), but does not designate a particular school district foundation to
receive the contribution, the contribution shall be made to the State Board of Education to be
distributed to one or more associations of foundations:
(i) if those foundations that are members of the association are established in
accordance with Section [
53A-4-205
] 
53E-3-403
; and
(ii) as determined by the State Board of Education; or
(b) Subsection (1)(b), but does not designate a particular school district to receive the
contribution, the contribution shall be made to the State Board of Education.
(3) The commission shall:
(a) determine annually the total amount of contributions designated to each entity
described in Subsection (1) in accordance with this section; and
(b) subject to Subsection (2), credit the amounts described in Subsection (1) to the
entities.
Section 76. Section 
59-10-1318
 is amended to read:
59-10-1318.
Contribution to Invest More for Education Account.
(1) Except as provided in Section 
59-10-1304
, a resident or nonresident individual that
files an individual income tax return under this chapter may designate on the resident or
nonresident individual's individual income tax return a contribution as provided in this section
to be:
(a) deposited into the Invest More for Education Account; and
(b) expended as provided in Section [
53A-16-115
] 
53F-9-205
.
(2) The commission shall:
(a) determine the total amount of contributions designated in accordance with this
section for a taxable year; and
(b) credit the amount described in Subsection (2)(a) to the Invest More for Education
Account created in Section [
53A-16-115
] 
53F-9-205
.
Section 77. Section 
59-12-102
 is amended to read:
59-12-102.
Definitions.
As used in this chapter:
(1) "800 service" means a telecommunications service that:
(a) allows a caller to dial a toll-free number without incurring a charge for the call; and
(b) is typically marketed:
(i) under the name 800 toll-free calling;
(ii) under the name 855 toll-free calling;
(iii) under the name 866 toll-free calling;
(iv) under the name 877 toll-free calling;
(v) under the name 888 toll-free calling; or
(vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
Federal Communications Commission.
(2) (a) "900 service" means an inbound toll telecommunications service that:
(i) a subscriber purchases;
(ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
the subscriber's:
(A) prerecorded announcement; or
(B) live service; and
(iii) is typically marketed:
(A) under the name 900 service; or
(B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
Communications Commission.
(b) "900 service" does not include a charge for:
(i) a collection service a seller of a telecommunications service provides to a
subscriber; or
(ii) the following a subscriber sells to the subscriber's customer:
(A) a product; or
(B) a service.
(3) (a) "Admission or user fees" includes season passes.
(b) "Admission or user fees" does not include annual membership dues to private
organizations.
(4) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
Agreement after November 12, 2002.
(5) "Agreement combined tax rate" means the sum of the tax rates:
(a) listed under Subsection (6); and
(b) that are imposed within a local taxing jurisdiction.
(6) "Agreement sales and use tax" means a tax imposed under:
(a) Subsection 
59-12-103
(2)(a)(i)(A);
(b) Subsection 
59-12-103
(2)(b)(i);
(c) Subsection 
59-12-103
(2)(c)(i);
(d) Subsection 
59-12-103
(2)(d)(i)(A)(I);
(e) Section 
59-12-204
;
(f) Section 
59-12-401
;
(g) Section 
59-12-402
;
(h) Section 
59-12-402.1
;
(i) Section 
59-12-703
;
(j) Section 
59-12-802
;
(k) Section 
59-12-804
;
(l) Section 
59-12-1102
;
(m) Section 
59-12-1302
;
(n) Section 
59-12-1402
;
(o) Section 
59-12-1802
;
(p) Section 
59-12-2003
;
(q) Section 
59-12-2103
;
(r) Section 
59-12-2213
;
(s) Section 
59-12-2214
;
(t) Section 
59-12-2215
;
(u) Section 
59-12-2216
;
(v) Section 
59-12-2217
;
(w) Section 
59-12-2218
; or
(x) Section 
59-12-2219
.
(7) "Aircraft" means the same as that term is defined in Section 
72-10-102
.
(8) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
(a) except for:
(i) an airline as defined in Section 
59-2-102
; or
(ii) an affiliated group, as defined in Section 
59-7-101
, except that "affiliated group"
includes a corporation that is qualified to do business but is not otherwise doing business in the
state, of an airline; and
(b) that has the workers, expertise, and facilities to perform the following, regardless of
whether the business entity performs the following in this state:
(i) check, diagnose, overhaul, and repair:
(A) an onboard system of a fixed wing turbine powered aircraft; and
(B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
(ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
engine;
(iii) perform at least the following maintenance on a fixed wing turbine powered
aircraft:
(A) an inspection;
(B) a repair, including a structural repair or modification;
(C) changing landing gear; and
(D) addressing issues related to an aging fixed wing turbine powered aircraft;
(iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
completely apply new paint to the fixed wing turbine powered aircraft; and
(v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
results in a change in the fixed wing turbine powered aircraft's certification requirements by the
authority that certifies the fixed wing turbine powered aircraft.
(9) "Alcoholic beverage" means a beverage that:
(a) is suitable for human consumption; and
(b) contains .5% or more alcohol by volume.
(10) "Alternative energy" means:
(a) biomass energy;
(b) geothermal energy;
(c) hydroelectric energy;
(d) solar energy;
(e) wind energy; or
(f) energy that is derived from:
(i) coal-to-liquids;
(ii) nuclear fuel;
(iii) oil-impregnated diatomaceous earth;
(iv) oil sands;
(v) oil shale;
(vi) petroleum coke; or
(vii) waste heat from:
(A) an industrial facility; or
(B) a power station in which an electric generator is driven through a process in which
water is heated, turns into steam, and spins a steam turbine.
(11) (a) Subject to Subsection (11)(b), "alternative energy electricity production
facility" means a facility that:
(i) uses alternative energy to produce electricity; and
(ii) has a production capacity of two megawatts or greater.
(b) A facility is an alternative energy electricity production facility regardless of
whether the facility is:
(i) connected to an electric grid; or
(ii) located on the premises of an electricity consumer.
(12) (a) "Ancillary service" means a service associated with, or incidental to, the
provision of telecommunications service.
(b) "Ancillary service" includes:
(i) a conference bridging service;
(ii) a detailed communications billing service;
(iii) directory assistance;
(iv) a vertical service; or
(v) a voice mail service.
(13) "Area agency on aging" means the same as that term is defined in Section
62A-3-101
.
(14) "Assisted amusement device" means an amusement device, skill device, or ride
device that is started and stopped by an individual:
(a) who is not the purchaser or renter of the right to use or operate the amusement
device, skill device, or ride device; and
(b) at the direction of the seller of the right to use the amusement device, skill device,
or ride device.
(15) "Assisted cleaning or washing of tangible personal property" means cleaning or
washing of tangible personal property if the cleaning or washing labor is primarily performed
by an individual:
(a) who is not the purchaser of the cleaning or washing of the tangible personal
property; and
(b) at the direction of the seller of the cleaning or washing of the tangible personal
property.
(16) "Authorized carrier" means:
(a) in the case of vehicles operated over public highways, the holder of credentials
indicating that the vehicle is or will be operated pursuant to both the International Registration
Plan and the International Fuel Tax Agreement;
(b) in the case of aircraft, the holder of a Federal Aviation Administration operating
certificate or air carrier's operating certificate; or
(c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
stock in more than one state.
(17) (a) Except as provided in Subsection (17)(b), "biomass energy" means any of the
following that is used as the primary source of energy to produce fuel or electricity:
(i) material from a plant or tree; or
(ii) other organic matter that is available on a renewable basis, including:
(A) slash and brush from forests and woodlands;
(B) animal waste;
(C) waste vegetable oil;
(D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
wastewater residuals, or through the conversion of a waste material through a nonincineration,
thermal conversion process;
(E) aquatic plants; and
(F) agricultural products.
(b) "Biomass energy" does not include:
(i) black liquor; or
(ii) treated woods.
(18) (a) "Bundled transaction" means the sale of two or more items of tangible personal
property, products, or services if the tangible personal property, products, or services are:
(i) distinct and identifiable; and
(ii) sold for one nonitemized price.
(b) "Bundled transaction" does not include:
(i) the sale of tangible personal property if the sales price varies, or is negotiable, on
the basis of the selection by the purchaser of the items of tangible personal property included in
the transaction;
(ii) the sale of real property;
(iii) the sale of services to real property;
(iv) the retail sale of tangible personal property and a service if:
(A) the tangible personal property:
(I) is essential to the use of the service; and
(II) is provided exclusively in connection with the service; and
(B) the service is the true object of the transaction;
(v) the retail sale of two services if:
(A) one service is provided that is essential to the use or receipt of a second service;
(B) the first service is provided exclusively in connection with the second service; and
(C) the second service is the true object of the transaction;
(vi) a transaction that includes tangible personal property or a product subject to
taxation under this chapter and tangible personal property or a product that is not subject to
taxation under this chapter if the:
(A) seller's purchase price of the tangible personal property or product subject to
taxation under this chapter is de minimis; or
(B) seller's sales price of the tangible personal property or product subject to taxation
under this chapter is de minimis; and
(vii) the retail sale of tangible personal property that is not subject to taxation under
this chapter and tangible personal property that is subject to taxation under this chapter if:
(A) that retail sale includes:
(I) food and food ingredients;
(II) a drug;
(III) durable medical equipment;
(IV) mobility enhancing equipment;
(V) an over-the-counter drug;
(VI) a prosthetic device; or
(VII) a medical supply; and
(B) subject to Subsection (18)(f):
(I) the seller's purchase price of the tangible personal property subject to taxation under
this chapter is 50% or less of the seller's total purchase price of that retail sale; or
(II) the seller's sales price of the tangible personal property subject to taxation under
this chapter is 50% or less of the seller's total sales price of that retail sale.
(c) (i) For purposes of Subsection (18)(a)(i), tangible personal property, a product, or a
service that is distinct and identifiable does not include:
(A) packaging that:
(I) accompanies the sale of the tangible personal property, product, or service; and
(II) is incidental or immaterial to the sale of the tangible personal property, product, or
service;
(B) tangible personal property, a product, or a service provided free of charge with the
purchase of another item of tangible personal property, a product, or a service; or
(C) an item of tangible personal property, a product, or a service included in the
definition of "purchase price."
(ii) For purposes of Subsection (18)(c)(i)(B), an item of tangible personal property, a
product, or a service is provided free of charge with the purchase of another item of tangible
personal property, a product, or a service if the sales price of the purchased item of tangible
personal property, product, or service does not vary depending on the inclusion of the tangible
personal property, product, or service provided free of charge.
(d) (i) For purposes of Subsection (18)(a)(ii), property sold for one nonitemized price
does not include a price that is separately identified by tangible personal property, product, or
service on the following, regardless of whether the following is in paper format or electronic
format:
(A) a binding sales document; or
(B) another supporting sales-related document that is available to a purchaser.
(ii) For purposes of Subsection (18)(d)(i), a binding sales document or another
supporting sales-related document that is available to a purchaser includes:
(A) a bill of sale;
(B) a contract;
(C) an invoice;
(D) a lease agreement;
(E) a periodic notice of rates and services;
(F) a price list;
(G) a rate card;
(H) a receipt; or
(I) a service agreement.
(e) (i) For purposes of Subsection (18)(b)(vi), the sales price of tangible personal
property or a product subject to taxation under this chapter is de minimis if:
(A) the seller's purchase price of the tangible personal property or product is 10% or
less of the seller's total purchase price of the bundled transaction; or
(B) the seller's sales price of the tangible personal property or product is 10% or less of
the seller's total sales price of the bundled transaction.
(ii) For purposes of Subsection (18)(b)(vi), a seller:
(A) shall use the seller's purchase price or the seller's sales price to determine if the
purchase price or sales price of the tangible personal property or product subject to taxation
under this chapter is de minimis; and
(B) may not use a combination of the seller's purchase price and the seller's sales price
to determine if the purchase price or sales price of the tangible personal property or product
subject to taxation under this chapter is de minimis.
(iii) For purposes of Subsection (18)(b)(vi), a seller shall use the full term of a service
contract to determine if the sales price of tangible personal property or a product is de minimis.
(f) For purposes of Subsection (18)(b)(vii)(B), a seller may not use a combination of
the seller's purchase price and the seller's sales price to determine if tangible personal property
subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
price of that retail sale.
(19) "Certified automated system" means software certified by the governing board of
the agreement that:
(a) calculates the agreement sales and use tax imposed within a local taxing
jurisdiction:
(i) on a transaction; and
(ii) in the states that are members of the agreement;
(b) determines the amount of agreement sales and use tax to remit to a state that is a
member of the agreement; and
(c) maintains a record of the transaction described in Subsection (19)(a)(i).
(20) "Certified service provider" means an agent certified:
(a) by the governing board of the agreement; and
(b) to perform all of a seller's sales and use tax functions for an agreement sales and
use tax other than the seller's obligation under Section 
59-12-124
 to remit a tax on the seller's
own purchases.
(21) (a) Subject to Subsection (21)(b), "clothing" means all human wearing apparel
suitable for general use.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules:
(i) listing the items that constitute "clothing"; and
(ii) that are consistent with the list of items that constitute "clothing" under the
agreement.
(22) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
(23) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
fuels that does not constitute industrial use under Subsection (56) or residential use under
Subsection (106).
(24) (a) "Common carrier" means a person engaged in or transacting the business of
transporting passengers, freight, merchandise, or other property for hire within this state.
(b) (i) "Common carrier" does not include a person who, at the time the person is
traveling to or from that person's place of employment, transports a passenger to or from the
passenger's place of employment.
(ii) For purposes of Subsection (24)(b)(i), in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the commission may make rules defining what
constitutes a person's place of employment.
(c) "Common carrier" does not include a person that provides transportation network
services, as defined in Section 
13-51-102
.
(25) "Component part" includes:
(a) poultry, dairy, and other livestock feed, and their components;
(b) baling ties and twine used in the baling of hay and straw;
(c) fuel used for providing temperature control of orchards and commercial
greenhouses doing a majority of their business in wholesale sales, and for providing power for
off-highway type farm machinery; and
(d) feed, seeds, and seedlings.
(26) "Computer" means an electronic device that accepts information:
(a) (i) in digital form; or
(ii) in a form similar to digital form; and
(b) manipulates that information for a result based on a sequence of instructions.
(27) "Computer software" means a set of coded instructions designed to cause:
(a) a computer to perform a task; or
(b) automatic data processing equipment to perform a task.
(28) "Computer software maintenance contract" means a contract that obligates a seller
of computer software to provide a customer with:
(a) future updates or upgrades to computer software;
(b) support services with respect to computer software; or
(c) a combination of Subsections (28)(a) and (b).
(29) (a) "Conference bridging service" means an ancillary service that links two or
more participants of an audio conference call or video conference call.
(b) "Conference bridging service" may include providing a telephone number as part of
the ancillary service described in Subsection (29)(a).
(c) "Conference bridging service" does not include a telecommunications service used
to reach the ancillary service described in Subsection (29)(a).
(30) "Construction materials" means any tangible personal property that will be
converted into real property.
(31) "Delivered electronically" means delivered to a purchaser by means other than
tangible storage media.
(32) (a) "Delivery charge" means a charge:
(i) by a seller of:
(A) tangible personal property;
(B) a product transferred electronically; or
(C) services; and
(ii) for preparation and delivery of the tangible personal property, product transferred
electronically, or services described in Subsection (32)(a)(i) to a location designated by the
purchaser.
(b) "Delivery charge" includes a charge for the following:
(i) transportation;
(ii) shipping;
(iii) postage;
(iv) handling;
(v) crating; or
(vi) packing.
(33) "Detailed telecommunications billing service" means an ancillary service of
separately stating information pertaining to individual calls on a customer's billing statement.
(34) "Dietary supplement" means a product, other than tobacco, that:
(a) is intended to supplement the diet;
(b) contains one or more of the following dietary ingredients:
(i) a vitamin;
(ii) a mineral;
(iii) an herb or other botanical;
(iv) an amino acid;
(v) a dietary substance for use by humans to supplement the diet by increasing the total
dietary intake; or
(vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
described in Subsections (34)(b)(i) through (v);
(c) (i) except as provided in Subsection (34)(c)(ii), is intended for ingestion in:
(A) tablet form;
(B) capsule form;
(C) powder form;
(D) softgel form;
(E) gelcap form; or
(F) liquid form; or
(ii) if the product is not intended for ingestion in a form described in Subsections
(34)(c)(i)(A) through (F), is not represented:
(A) as conventional food; and
(B) for use as a sole item of:
(I) a meal; or
(II) the diet; and
(d) is required to be labeled as a dietary supplement:
(i) identifiable by the "Supplemental Facts" box found on the label; and
(ii) as required by 21 C.F.R. Sec. 101.36.
(35) "Digital audio-visual work" means a series of related images which, when shown
in succession, imparts an impression of motion, together with accompanying sounds, if any.
(36) (a) "Digital audio work" means a work that results from the fixation of a series of
musical, spoken, or other sounds.
(b) "Digital audio work" includes a ringtone.
(37) "Digital book" means a work that is generally recognized in the ordinary and usual
sense as a book.
(38) (a) "Direct mail" means printed material delivered or distributed by United States
mail or other delivery service:
(i) to:
(A) a mass audience; or
(B) addressees on a mailing list provided:
(I) by a purchaser of the mailing list; or
(II) at the discretion of the purchaser of the mailing list; and
(ii) if the cost of the printed material is not billed directly to the recipients.
(b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
purchaser to a seller of direct mail for inclusion in a package containing the printed material.
(c) "Direct mail" does not include multiple items of printed material delivered to a
single address.
(39) "Directory assistance" means an ancillary service of providing:
(a) address information; or
(b) telephone number information.
(40) (a) "Disposable home medical equipment or supplies" means medical equipment
or supplies that:
(i) cannot withstand repeated use; and
(ii) are purchased by, for, or on behalf of a person other than:
(A) a health care facility as defined in Section 
26-21-2
;
(B) a health care provider as defined in Section 
78B-3-403
;
(C) an office of a health care provider described in Subsection (40)(a)(ii)(B); or
(D) a person similar to a person described in Subsections (40)(a)(ii)(A) through (C).
(b) "Disposable home medical equipment or supplies" does not include:
(i) a drug;
(ii) durable medical equipment;
(iii) a hearing aid;
(iv) a hearing aid accessory;
(v) mobility enhancing equipment; or
(vi) tangible personal property used to correct impaired vision, including:
(A) eyeglasses; or
(B) contact lenses.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes medical equipment or supplies.
(41) "Drilling equipment manufacturer" means a facility:
(a) located in the state;
(b) with respect to which 51% or more of the manufacturing activities of the facility
consist of manufacturing component parts of drilling equipment;
(c) that uses pressure of 800,000 or more pounds per square inch as part of the
manufacturing process; and
(d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
manufacturing process.
(42) (a) "Drug" means a compound, substance, or preparation, or a component of a
compound, substance, or preparation that is:
(i) recognized in:
(A) the official United States Pharmacopoeia;
(B) the official Homeopathic Pharmacopoeia of the United States;
(C) the official National Formulary; or
(D) a supplement to a publication listed in Subsections (42)(a)(i)(A) through (C);
(ii) intended for use in the:
(A) diagnosis of disease;
(B) cure of disease;
(C) mitigation of disease;
(D) treatment of disease; or
(E) prevention of disease; or
(iii) intended to affect:
(A) the structure of the body; or
(B) any function of the body.
(b) "Drug" does not include:
(i) food and food ingredients;
(ii) a dietary supplement;
(iii) an alcoholic beverage; or
(iv) a prosthetic device.
(43) (a) Except as provided in Subsection (43)(c), "durable medical equipment" means
equipment that:
(i) can withstand repeated use;
(ii) is primarily and customarily used to serve a medical purpose;
(iii) generally is not useful to a person in the absence of illness or injury; and
(iv) is not worn in or on the body.
(b) "Durable medical equipment" includes parts used in the repair or replacement of the
equipment described in Subsection (43)(a).
(c) "Durable medical equipment" does not include mobility enhancing equipment.
(44) "Electronic" means:
(a) relating to technology; and
(b) having:
(i) electrical capabilities;
(ii) digital capabilities;
(iii) magnetic capabilities;
(iv) wireless capabilities;
(v) optical capabilities;
(vi) electromagnetic capabilities; or
(vii) capabilities similar to Subsections (44)(b)(i) through (vi).
(45) "Electronic financial payment service" means an establishment:
(a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
Clearinghouse Activities, of the 2012 North American Industry Classification System of the
federal Executive Office of the President, Office of Management and Budget; and
(b) that performs electronic financial payment services.
(46) "Employee" means the same as that term is defined in Section 
59-10-401
.
(47) "Fixed guideway" means a public transit facility that uses and occupies:
(a) rail for the use of public transit; or
(b) a separate right-of-way for the use of public transit.
(48) "Fixed wing turbine powered aircraft" means an aircraft that:
(a) is powered by turbine engines;
(b) operates on jet fuel; and
(c) has wings that are permanently attached to the fuselage of the aircraft.
(49) "Fixed wireless service" means a telecommunications service that provides radio
communication between fixed points.
(50) (a) "Food and food ingredients" means substances:
(i) regardless of whether the substances are in:
(A) liquid form;
(B) concentrated form;
(C) solid form;
(D) frozen form;
(E) dried form; or
(F) dehydrated form; and
(ii) that are:
(A) sold for:
(I) ingestion by humans; or
(II) chewing by humans; and
(B) consumed for the substance's:
(I) taste; or
(II) nutritional value.
(b) "Food and food ingredients" includes an item described in Subsection (91)(b)(iii).
(c) "Food and food ingredients" does not include:
(i) an alcoholic beverage;
(ii) tobacco; or
(iii) prepared food.
(51) (a) "Fundraising sales" means sales:
(i) (A) made by a school; or
(B) made by a school student;
(ii) that are for the purpose of raising funds for the school to purchase equipment,
materials, or provide transportation; and
(iii) that are part of an officially sanctioned school activity.
(b) For purposes of Subsection (51)(a)(iii), "officially sanctioned school activity"
means a school activity:
(i) that is conducted in accordance with a formal policy adopted by the school or school
district governing the authorization and supervision of fundraising activities;
(ii) that does not directly or indirectly compensate an individual teacher or other
educational personnel by direct payment, commissions, or payment in kind; and
(iii) the net or gross revenues from which are deposited in a dedicated account
controlled by the school or school district.
(52) "Geothermal energy" means energy contained in heat that continuously flows
outward from the earth that is used as the sole source of energy to produce electricity.
(53) "Governing board of the agreement" means the governing board of the agreement
that is:
(a) authorized to administer the agreement; and
(b) established in accordance with the agreement.
(54) (a) For purposes of Subsection 
59-12-104
(41), "governmental entity" means:
(i) the executive branch of the state, including all departments, institutions, boards,
divisions, bureaus, offices, commissions, and committees;
(ii) the judicial branch of the state, including the courts, the Judicial Council, the
Office of the Court Administrator, and similar administrative units in the judicial branch;
(iii) the legislative branch of the state, including the House of Representatives, the
Senate, the Legislative Printing Office, the Office of Legislative Research and General
Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
Analyst;
(iv) the National Guard;
(v) an independent entity as defined in Section 
63E-1-102
; or
(vi) a political subdivision as defined in Section 
17B-1-102
.
(b) "Governmental entity" does not include the state systems of public and higher
education, including:
(i) a school;
(ii) the State Board of Education;
(iii) the State Board of Regents; or
(iv) an institution of higher education described in Section 
53B-1-102
.
(55) "Hydroelectric energy" means water used as the sole source of energy to produce
electricity.
(56) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
other fuels:
(a) in mining or extraction of minerals;
(b) in agricultural operations to produce an agricultural product up to the time of
harvest or placing the agricultural product into a storage facility, including:
(i) commercial greenhouses;
(ii) irrigation pumps;
(iii) farm machinery;
(iv) implements of husbandry as defined in Section 
41-1a-102
 that are not registered
under Title 41, Chapter 1a, Part 2, Registration; and
(v) other farming activities;
(c) in manufacturing tangible personal property at an establishment described in SIC
Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of the federal
Executive Office of the President, Office of Management and Budget;
(d) by a scrap recycler if:
(i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
one or more of the following items into prepared grades of processed materials for use in new
products:
(A) iron;
(B) steel;
(C) nonferrous metal;
(D) paper;
(E) glass;
(F) plastic;
(G) textile; or
(H) rubber; and
(ii) the new products under Subsection (56)(d)(i) would otherwise be made with
nonrecycled materials; or
(e) in producing a form of energy or steam described in Subsection 
54-2-1
(3)(a) by a
cogeneration facility as defined in Section 
54-2-1
.
(57) (a) Except as provided in Subsection (57)(b), "installation charge" means a charge
for installing:
(i) tangible personal property; or
(ii) a product transferred electronically.
(b) "Installation charge" does not include a charge for:
(i) repairs or renovations of:
(A) tangible personal property; or
(B) a product transferred electronically; or
(ii) attaching tangible personal property or a product transferred electronically:
(A) to other tangible personal property; and
(B) as part of a manufacturing or fabrication process.
(58) "Institution of higher education" means an institution of higher education listed in
Section 
53B-2-101
.
(59) (a) "Lease" or "rental" means a transfer of possession or control of tangible
personal property or a product transferred electronically for:
(i) (A) a fixed term; or
(B) an indeterminate term; and
(ii) consideration.
(b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
amount of consideration may be increased or decreased by reference to the amount realized
upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
Code.
(c) "Lease" or "rental" does not include:
(i) a transfer of possession or control of property under a security agreement or
deferred payment plan that requires the transfer of title upon completion of the required
payments;
(ii) a transfer of possession or control of property under an agreement that requires the
transfer of title:
(A) upon completion of required payments; and
(B) if the payment of an option price does not exceed the greater of:
(I) $100; or
(II) 1% of the total required payments; or
(iii) providing tangible personal property along with an operator for a fixed period of
time or an indeterminate period of time if the operator is necessary for equipment to perform as
designed.
(d) For purposes of Subsection (59)(c)(iii), an operator is necessary for equipment to
perform as designed if the operator's duties exceed the:
(i) set-up of tangible personal property;
(ii) maintenance of tangible personal property; or
(iii) inspection of tangible personal property.
(60) "Life science establishment" means an establishment in this state that is classified
under the following NAICS codes of the 2007 North American Industry Classification System
of the federal Executive Office of the President, Office of Management and Budget:
(a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
(b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
Manufacturing; or
(c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
(61) "Life science research and development facility" means a facility owned, leased,
or rented by a life science establishment if research and development is performed in 51% or
more of the total area of the facility.
(62) "Load and leave" means delivery to a purchaser by use of a tangible storage media
if the tangible storage media is not physically transferred to the purchaser.
(63) "Local taxing jurisdiction" means a:
(a) county that is authorized to impose an agreement sales and use tax;
(b) city that is authorized to impose an agreement sales and use tax; or
(c) town that is authorized to impose an agreement sales and use tax.
(64) "Manufactured home" means the same as that term is defined in Section
15A-1-302
.
(65) "Manufacturing facility" means:
(a) an establishment described in SIC Codes 2000 to 3999 of the 1987 Standard
Industrial Classification Manual of the federal Executive Office of the President, Office of
Management and Budget;
(b) a scrap recycler if:
(i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
one or more of the following items into prepared grades of processed materials for use in new
products:
(A) iron;
(B) steel;
(C) nonferrous metal;
(D) paper;
(E) glass;
(F) plastic;
(G) textile; or
(H) rubber; and
(ii) the new products under Subsection (65)(b)(i) would otherwise be made with
nonrecycled materials; or
(c) a cogeneration facility as defined in Section 
54-2-1
 if the cogeneration facility is
placed in service on or after May 1, 2006.
(66) "Member of the immediate family of the producer" means a person who is related
to a producer described in Subsection 
59-12-104
(20)(a) as a:
(a) child or stepchild, regardless of whether the child or stepchild is:
(i) an adopted child or adopted stepchild; or
(ii) a foster child or foster stepchild;
(b) grandchild or stepgrandchild;
(c) grandparent or stepgrandparent;
(d) nephew or stepnephew;
(e) niece or stepniece;
(f) parent or stepparent;
(g) sibling or stepsibling;
(h) spouse;
(i) person who is the spouse of a person described in Subsections (66)(a) through (g);
or
(j) person similar to a person described in Subsections (66)(a) through (i) as
determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(67) "Mobile home" means the same as that term is defined in Section 
15A-1-302
.
(68) "Mobile telecommunications service" is as defined in the Mobile
Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
(69) (a) "Mobile wireless service" means a telecommunications service, regardless of
the technology used, if:
(i) the origination point of the conveyance, routing, or transmission is not fixed;
(ii) the termination point of the conveyance, routing, or transmission is not fixed; or
(iii) the origination point described in Subsection (69)(a)(i) and the termination point
described in Subsection (69)(a)(ii) are not fixed.
(b) "Mobile wireless service" includes a telecommunications service that is provided
by a commercial mobile radio service provider.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define "commercial mobile radio service provider."
(70) (a) Except as provided in Subsection (70)(c), "mobility enhancing equipment"
means equipment that is:
(i) primarily and customarily used to provide or increase the ability to move from one
place to another;
(ii) appropriate for use in a:
(A) home; or
(B) motor vehicle; and
(iii) not generally used by persons with normal mobility.
(b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
the equipment described in Subsection (70)(a).
(c) "Mobility enhancing equipment" does not include:
(i) a motor vehicle;
(ii) equipment on a motor vehicle if that equipment is normally provided by the motor
vehicle manufacturer;
(iii) durable medical equipment; or
(iv) a prosthetic device.
(71) "Model 1 seller" means a seller registered under the agreement that has selected a
certified service provider as the seller's agent to perform all of the seller's sales and use tax
functions for agreement sales and use taxes other than the seller's obligation under Section
59-12-124
 to remit a tax on the seller's own purchases.
(72) "Model 2 seller" means a seller registered under the agreement that:
(a) except as provided in Subsection (72)(b), has selected a certified automated system
to perform the seller's sales tax functions for agreement sales and use taxes; and
(b) retains responsibility for remitting all of the sales tax:
(i) collected by the seller; and
(ii) to the appropriate local taxing jurisdiction.
(73) (a) Subject to Subsection (73)(b), "model 3 seller" means a seller registered under
the agreement that has:
(i) sales in at least five states that are members of the agreement;
(ii) total annual sales revenues of at least $500,000,000;
(iii) a proprietary system that calculates the amount of tax:
(A) for an agreement sales and use tax; and
(B) due to each local taxing jurisdiction; and
(iv) entered into a performance agreement with the governing board of the agreement.
(b) For purposes of Subsection (73)(a), "model 3 seller" includes an affiliated group of
sellers using the same proprietary system.
(74) "Model 4 seller" means a seller that is registered under the agreement and is not a
model 1 seller, model 2 seller, or model 3 seller.
(75) "Modular home" means a modular unit as defined in Section 
15A-1-302
.
(76) "Motor vehicle" means the same as that term is defined in Section 
41-1a-102
.
(77) "Oil sands" means impregnated bituminous sands that:
(a) contain a heavy, thick form of petroleum that is released when heated, mixed with
other hydrocarbons, or otherwise treated;
(b) yield mixtures of liquid hydrocarbon; and
(c) require further processing other than mechanical blending before becoming finished
petroleum products.
(78) "Oil shale" means a group of fine black to dark brown shales containing kerogen
material that yields petroleum upon heating and distillation.
(79) "Optional computer software maintenance contract" means a computer software
maintenance contract that a customer is not obligated to purchase as a condition to the retail
sale of computer software.
(80) (a) "Other fuels" means products that burn independently to produce heat or
energy.
(b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
personal property.
(81) (a) "Paging service" means a telecommunications service that provides
transmission of a coded radio signal for the purpose of activating a specific pager.
(b) For purposes of Subsection (81)(a), the transmission of a coded radio signal
includes a transmission by message or sound.
(82) "Pawnbroker" means the same as that term is defined in Section 
13-32a-102
.
(83) "Pawn transaction" means the same as that term is defined in Section 
13-32a-102
.
(84) (a) "Permanently attached to real property" means that for tangible personal
property attached to real property:
(i) the attachment of the tangible personal property to the real property:
(A) is essential to the use of the tangible personal property; and
(B) suggests that the tangible personal property will remain attached to the real
property in the same place over the useful life of the tangible personal property; or
(ii) if the tangible personal property is detached from the real property, the detachment
would:
(A) cause substantial damage to the tangible personal property; or
(B) require substantial alteration or repair of the real property to which the tangible
personal property is attached.
(b) "Permanently attached to real property" includes:
(i) the attachment of an accessory to the tangible personal property if the accessory is:
(A) essential to the operation of the tangible personal property; and
(B) attached only to facilitate the operation of the tangible personal property;
(ii) a temporary detachment of tangible personal property from real property for a
repair or renovation if the repair or renovation is performed where the tangible personal
property and real property are located; or
(iii) property attached to oil, gas, or water pipelines, except for the property listed in
Subsection (84)(c)(iii) or (iv).
(c) "Permanently attached to real property" does not include:
(i) the attachment of portable or movable tangible personal property to real property if
that portable or movable tangible personal property is attached to real property only for:
(A) convenience;
(B) stability; or
(C) for an obvious temporary purpose;
(ii) the detachment of tangible personal property from real property except for the
detachment described in Subsection (84)(b)(ii);
(iii) an attachment of the following tangible personal property to real property if the
attachment to real property is only through a line that supplies water, electricity, gas,
telecommunications, cable, or supplies a similar item as determined by the commission by rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(A) a computer;
(B) a telephone;
(C) a television; or
(D) tangible personal property similar to Subsections (84)(c)(iii)(A) through (C) as
determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; or
(iv) an item listed in Subsection (125)(c).
(85) "Person" includes any individual, firm, partnership, joint venture, association,
corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
municipality, district, or other local governmental entity of the state, or any group or
combination acting as a unit.
(86) "Place of primary use":
(a) for telecommunications service other than mobile telecommunications service,
means the street address representative of where the customer's use of the telecommunications
service primarily occurs, which shall be:
(i) the residential street address of the customer; or
(ii) the primary business street address of the customer; or
(b) for mobile telecommunications service, is as defined in the Mobile
Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
(87) (a) "Postpaid calling service" means a telecommunications service a person
obtains by making a payment on a call-by-call basis:
(i) through the use of a:
(A) bank card;
(B) credit card;
(C) debit card; or
(D) travel card; or
(ii) by a charge made to a telephone number that is not associated with the origination
or termination of the telecommunications service.
(b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
service, that would be a prepaid wireless calling service if the service were exclusively a
telecommunications service.
(88) "Postproduction" means an activity related to the finishing or duplication of a
medium described in Subsection 
59-12-104
(54)(a).
(89) "Prepaid calling service" means a telecommunications service:
(a) that allows a purchaser access to telecommunications service that is exclusively
telecommunications service;
(b) that:
(i) is paid for in advance; and
(ii) enables the origination of a call using an:
(A) access number; or
(B) authorization code;
(c) that is dialed:
(i) manually; or
(ii) electronically; and
(d) sold in predetermined units or dollars that decline:
(i) by a known amount; and
(ii) with use.
(90) "Prepaid wireless calling service" means a telecommunications service:
(a) that provides the right to utilize:
(i) mobile wireless service; and
(ii) other service that is not a telecommunications service, including:
(A) the download of a product transferred electronically;
(B) a content service; or
(C) an ancillary service;
(b) that:
(i) is paid for in advance; and
(ii) enables the origination of a call using an:
(A) access number; or
(B) authorization code;
(c) that is dialed:
(i) manually; or
(ii) electronically; and
(d) sold in predetermined units or dollars that decline:
(i) by a known amount; and
(ii) with use.
(91) (a) "Prepared food" means:
(i) food:
(A) sold in a heated state; or
(B) heated by a seller;
(ii) two or more food ingredients mixed or combined by the seller for sale as a single
item; or
(iii) except as provided in Subsection (91)(c), food sold with an eating utensil provided
by the seller, including a:
(A) plate;
(B) knife;
(C) fork;
(D) spoon;
(E) glass;
(F) cup;
(G) napkin; or
(H) straw.
(b) "Prepared food" does not include:
(i) food that a seller only:
(A) cuts;
(B) repackages; or
(C) pasteurizes; or
(ii) (A) the following:
(I) raw egg;
(II) raw fish;
(III) raw meat;
(IV) raw poultry; or
(V) a food containing an item described in Subsections (91)(b)(ii)(A)(I) through (IV);
and
(B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
Food and Drug Administration's Food Code that a consumer cook the items described in
Subsection (91)(b)(ii)(A) to prevent food borne illness; or
(iii) the following if sold without eating utensils provided by the seller:
(A) food and food ingredients sold by a seller if the seller's proper primary
classification under the 2002 North American Industry Classification System of the federal
Executive Office of the President, Office of Management and Budget, is manufacturing in
Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
Manufacturing;
(B) food and food ingredients sold in an unheated state:
(I) by weight or volume; and
(II) as a single item; or
(C) a bakery item, including:
(I) a bagel;
(II) a bar;
(III) a biscuit;
(IV) bread;
(V) a bun;
(VI) a cake;
(VII) a cookie;
(VIII) a croissant;
(IX) a danish;
(X) a donut;
(XI) a muffin;
(XII) a pastry;
(XIII) a pie;
(XIV) a roll;
(XV) a tart;
(XVI) a torte; or
(XVII) a tortilla.
(c) An eating utensil provided by the seller does not include the following used to
transport the food:
(i) a container; or
(ii) packaging.
(92) "Prescription" means an order, formula, or recipe that is issued:
(a) (i) orally;
(ii) in writing;
(iii) electronically; or
(iv) by any other manner of transmission; and
(b) by a licensed practitioner authorized by the laws of a state.
(93) (a) Except as provided in Subsection (93)(b)(ii) or (iii), "prewritten computer
software" means computer software that is not designed and developed:
(i) by the author or other creator of the computer software; and
(ii) to the specifications of a specific purchaser.
(b) "Prewritten computer software" includes:
(i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
software is not designed and developed:
(A) by the author or other creator of the computer software; and
(B) to the specifications of a specific purchaser;
(ii) computer software designed and developed by the author or other creator of the
computer software to the specifications of a specific purchaser if the computer software is sold
to a person other than the purchaser; or
(iii) except as provided in Subsection (93)(c), prewritten computer software or a
prewritten portion of prewritten computer software:
(A) that is modified or enhanced to any degree; and
(B) if the modification or enhancement described in Subsection (93)(b)(iii)(A) is
designed and developed to the specifications of a specific purchaser.
(c) "Prewritten computer software" does not include a modification or enhancement
described in Subsection (93)(b)(iii) if the charges for the modification or enhancement are:
(i) reasonable; and
(ii) subject to Subsections 
59-12-103
(2)(e)(ii) and (2)(f)(i), separately stated on the
invoice or other statement of price provided to the purchaser at the time of sale or later, as
demonstrated by:
(A) the books and records the seller keeps at the time of the transaction in the regular
course of business, including books and records the seller keeps at the time of the transaction in
the regular course of business for nontax purposes;
(B) a preponderance of the facts and circumstances at the time of the transaction; and
(C) the understanding of all of the parties to the transaction.
(94) (a) "Private communications service" means a telecommunications service:
(i) that entitles a customer to exclusive or priority use of one or more communications
channels between or among termination points; and
(ii) regardless of the manner in which the one or more communications channels are
connected.
(b) "Private communications service" includes the following provided in connection
with the use of one or more communications channels:
(i) an extension line;
(ii) a station;
(iii) switching capacity; or
(iv) another associated service that is provided in connection with the use of one or
more communications channels as defined in Section 
59-12-215
.
(95) (a) Except as provided in Subsection (95)(b), "product transferred electronically"
means a product transferred electronically that would be subject to a tax under this chapter if
that product was transferred in a manner other than electronically.
(b) "Product transferred electronically" does not include:
(i) an ancillary service;
(ii) computer software; or
(iii) a telecommunications service.
(96) (a) "Prosthetic device" means a device that is worn on or in the body to:
(i) artificially replace a missing portion of the body;
(ii) prevent or correct a physical deformity or physical malfunction; or
(iii) support a weak or deformed portion of the body.
(b) "Prosthetic device" includes:
(i) parts used in the repairs or renovation of a prosthetic device;
(ii) replacement parts for a prosthetic device;
(iii) a dental prosthesis; or
(iv) a hearing aid.
(c) "Prosthetic device" does not include:
(i) corrective eyeglasses; or
(ii) contact lenses.
(97) (a) "Protective equipment" means an item:
(i) for human wear; and
(ii) that is:
(A) designed as protection:
(I) to the wearer against injury or disease; or
(II) against damage or injury of other persons or property; and
(B) not suitable for general use.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules:
(i) listing the items that constitute "protective equipment"; and
(ii) that are consistent with the list of items that constitute "protective equipment"
under the agreement.
(98) (a) For purposes of Subsection 
59-12-104
(41), "publication" means any written or
printed matter, other than a photocopy:
(i) regardless of:
(A) characteristics;
(B) copyright;
(C) form;
(D) format;
(E) method of reproduction; or
(F) source; and
(ii) made available in printed or electronic format.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "photocopy."
(99) (a) "Purchase price" and "sales price" mean the total amount of consideration:
(i) valued in money; and
(ii) for which tangible personal property, a product transferred electronically, or
services are:
(A) sold;
(B) leased; or
(C) rented.
(b) "Purchase price" and "sales price" include:
(i) the seller's cost of the tangible personal property, a product transferred
electronically, or services sold;
(ii) expenses of the seller, including:
(A) the cost of materials used;
(B) a labor cost;
(C) a service cost;
(D) interest;
(E) a loss;
(F) the cost of transportation to the seller; or
(G) a tax imposed on the seller;
(iii) a charge by the seller for any service necessary to complete the sale; or
(iv) consideration a seller receives from a person other than the purchaser if:
(A) (I) the seller actually receives consideration from a person other than the purchaser;
and
(II) the consideration described in Subsection (99)(b)(iv)(A)(I) is directly related to a
price reduction or discount on the sale;
(B) the seller has an obligation to pass the price reduction or discount through to the
purchaser;
(C) the amount of the consideration attributable to the sale is fixed and determinable by
the seller at the time of the sale to the purchaser; and
(D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
seller to claim a price reduction or discount; and
(Bb) a person other than the seller authorizes, distributes, or grants the certificate,
coupon, or other documentation with the understanding that the person other than the seller
will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
(II) the purchaser identifies that purchaser to the seller as a member of a group or
organization allowed a price reduction or discount, except that a preferred customer card that is
available to any patron of a seller does not constitute membership in a group or organization
allowed a price reduction or discount; or
(III) the price reduction or discount is identified as a third party price reduction or
discount on the:
(Aa) invoice the purchaser receives; or
(Bb) certificate, coupon, or other documentation the purchaser presents.
(c) "Purchase price" and "sales price" do not include:
(i) a discount:
(A) in a form including:
(I) cash;
(II) term; or
(III) coupon;
(B) that is allowed by a seller;
(C) taken by a purchaser on a sale; and
(D) that is not reimbursed by a third party; or
(ii) subject to Subsections 
59-12-103
(2)(e)(ii) and (2)(f)(i), the following if separately
stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
sale or later, as demonstrated by the books and records the seller keeps at the time of the
transaction in the regular course of business, including books and records the seller keeps at the
time of the transaction in the regular course of business for nontax purposes, by a
preponderance of the facts and circumstances at the time of the transaction, and by the
understanding of all of the parties to the transaction:
(A) the following from credit extended on the sale of tangible personal property or
services:
(I) a carrying charge;
(II) a financing charge; or
(III) an interest charge;
(B) a delivery charge;
(C) an installation charge;
(D) a manufacturer rebate on a motor vehicle; or
(E) a tax or fee legally imposed directly on the consumer.
(100) "Purchaser" means a person to whom:
(a) a sale of tangible personal property is made;
(b) a product is transferred electronically; or
(c) a service is furnished.
(101) "Qualifying enterprise data center" means an establishment that will:
(a) own and operate a data center facility that will house a group of networked server
computers in one physical location in order to centralize the dissemination, management, and
storage of data and information;
(b) be located in the state;
(c) be a new operation constructed on or after July 1, 2016;
(d) consist of one or more buildings that total 150,000 or more square feet;
(e) be owned or leased by:
(i) the establishment; or
(ii) a person under common ownership, as defined in Section 
59-7-101
, of the
establishment; and
(f) be located on one or more parcels of land that are owned or leased by:
(i) the establishment; or
(ii) a person under common ownership, as defined in Section 
59-7-101
, of the
establishment.
(102) "Regularly rented" means:
(a) rented to a guest for value three or more times during a calendar year; or
(b) advertised or held out to the public as a place that is regularly rented to guests for
value.
(103) "Rental" means the same as that term is defined in Subsection (59).
(104) (a) Except as provided in Subsection (104)(b), "repairs or renovations of tangible
personal property" means:
(i) a repair or renovation of tangible personal property that is not permanently attached
to real property; or
(ii) attaching tangible personal property or a product transferred electronically to other
tangible personal property or detaching tangible personal property or a product transferred
electronically from other tangible personal property if:
(A) the other tangible personal property to which the tangible personal property or
product transferred electronically is attached or from which the tangible personal property or
product transferred electronically is detached is not permanently attached to real property; and
(B) the attachment of tangible personal property or a product transferred electronically
to other tangible personal property or detachment of tangible personal property or a product
transferred electronically from other tangible personal property is made in conjunction with a
repair or replacement of tangible personal property or a product transferred electronically.
(b) "Repairs or renovations of tangible personal property" does not include:
(i) attaching prewritten computer software to other tangible personal property if the
other tangible personal property to which the prewritten computer software is attached is not
permanently attached to real property; or
(ii) detaching prewritten computer software from other tangible personal property if the
other tangible personal property from which the prewritten computer software is detached is
not permanently attached to real property.
(105) "Research and development" means the process of inquiry or experimentation
aimed at the discovery of facts, devices, technologies, or applications and the process of
preparing those devices, technologies, or applications for marketing.
(106) (a) "Residential telecommunications services" means a telecommunications
service or an ancillary service that is provided to an individual for personal use:
(i) at a residential address; or
(ii) at an institution, including a nursing home or a school, if the telecommunications
service or ancillary service is provided to and paid for by the individual residing at the
institution rather than the institution.
(b) For purposes of Subsection (106)(a)(i), a residential address includes an:
(i) apartment; or
(ii) other individual dwelling unit.
(107) "Residential use" means the use in or around a home, apartment building,
sleeping quarters, and similar facilities or accommodations.
(108) (a) "Retailer" means any person engaged in a regularly organized business in
tangible personal property or any other taxable transaction under Subsection 
59-12-103
(1), and
who is selling to the user or consumer and not for resale.
(b) "Retailer" includes commission merchants, auctioneers, and any person regularly
engaged in the business of selling to users or consumers within the state.
(109) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
than:
(a) resale;
(b) sublease; or
(c) subrent.
(110) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
otherwise, in any manner, of tangible personal property or any other taxable transaction under
Subsection 
59-12-103
(1), for consideration.
(b) "Sale" includes:
(i) installment and credit sales;
(ii) any closed transaction constituting a sale;
(iii) any sale of electrical energy, gas, services, or entertainment taxable under this
chapter;
(iv) any transaction if the possession of property is transferred but the seller retains the
title as security for the payment of the price; and
(v) any transaction under which right to possession, operation, or use of any article of
tangible personal property is granted under a lease or contract and the transfer of possession
would be taxable if an outright sale were made.
(111) "Sale at retail" means the same as that term is defined in Subsection (109).
(112) "Sale-leaseback transaction" means a transaction by which title to tangible
personal property or a product transferred electronically that is subject to a tax under this
chapter is transferred:
(a) by a purchaser-lessee;
(b) to a lessor;
(c) for consideration; and
(d) if:
(i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
of the tangible personal property or product transferred electronically;
(ii) the sale of the tangible personal property or product transferred electronically to the
lessor is intended as a form of financing:
(A) for the tangible personal property or product transferred electronically; and
(B) to the purchaser-lessee; and
(iii) in accordance with generally accepted accounting principles, the purchaser-lessee
is required to:
(A) capitalize the tangible personal property or product transferred electronically for
financial reporting purposes; and
(B) account for the lease payments as payments made under a financing arrangement.
(113) "Sales price" means the same as that term is defined in Subsection (99).
(114) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
amounts charged by a school:
(i) sales that are directly related to the school's educational functions or activities
including:
(A) the sale of:
(I) textbooks;
(II) textbook fees;
(III) laboratory fees;
(IV) laboratory supplies; or
(V) safety equipment;
(B) the sale of a uniform, protective equipment, or sports or recreational equipment
that:
(I) a student is specifically required to wear as a condition of participation in a
school-related event or school-related activity; and
(II) is not readily adaptable to general or continued usage to the extent that it takes the
place of ordinary clothing;
(C) sales of the following if the net or gross revenues generated by the sales are
deposited into a school district fund or school fund dedicated to school meals:
(I) food and food ingredients; or
(II) prepared food; or
(D) transportation charges for official school activities; or
(ii) amounts paid to or amounts charged by a school for admission to a school-related
event or school-related activity.
(b) "Sales relating to schools" does not include:
(i) bookstore sales of items that are not educational materials or supplies;
(ii) except as provided in Subsection (114)(a)(i)(B):
(A) clothing;
(B) clothing accessories or equipment;
(C) protective equipment; or
(D) sports or recreational equipment; or
(iii) amounts paid to or amounts charged by a school for admission to a school-related
event or school-related activity if the amounts paid or charged are passed through to a person:
(A) other than a:
(I) school;
(II) nonprofit organization authorized by a school board or a governing body of a
private school to organize and direct a competitive secondary school activity; or
(III) nonprofit association authorized by a school board or a governing body of a
private school to organize and direct a competitive secondary school activity; and
(B) that is required to collect sales and use taxes under this chapter.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules defining the term "passed through."
(115) For purposes of this section and Section 
59-12-104
, "school":
(a) means:
(i) an elementary school or a secondary school that:
(A) is a:
(I) public school; or
(II) private school; and
(B) provides instruction for one or more grades kindergarten through 12; or
(ii) a public school district; and
(b) includes the Electronic High School as defined in Section [
53A-15-1002
]
53E-10-601
.
(116) "Seller" means a person that makes a sale, lease, or rental of:
(a) tangible personal property;
(b) a product transferred electronically; or
(c) a service.
(117) (a) "Semiconductor fabricating, processing, research, or development materials"
means tangible personal property or a product transferred electronically if the tangible personal
property or product transferred electronically is:
(i) used primarily in the process of:
(A) (I) manufacturing a semiconductor;
(II) fabricating a semiconductor; or
(III) research or development of a:
(Aa) semiconductor; or
(Bb) semiconductor manufacturing process; or
(B) maintaining an environment suitable for a semiconductor; or
(ii) consumed primarily in the process of:
(A) (I) manufacturing a semiconductor;
(II) fabricating a semiconductor; or
(III) research or development of a:
(Aa) semiconductor; or
(Bb) semiconductor manufacturing process; or
(B) maintaining an environment suitable for a semiconductor.
(b) "Semiconductor fabricating, processing, research, or development materials"
includes:
(i) parts used in the repairs or renovations of tangible personal property or a product
transferred electronically described in Subsection (117)(a); or
(ii) a chemical, catalyst, or other material used to:
(A) produce or induce in a semiconductor a:
(I) chemical change; or
(II) physical change;
(B) remove impurities from a semiconductor; or
(C) improve the marketable condition of a semiconductor.
(118) "Senior citizen center" means a facility having the primary purpose of providing
services to the aged as defined in Section 
62A-3-101
.
(119) (a) Subject to Subsections (119)(b) and (c), "short-term lodging consumable"
means tangible personal property that:
(i) a business that provides accommodations and services described in Subsection
59-12-103
(1)(i) purchases as part of a transaction to provide the accommodations and services
to a purchaser;
(ii) is intended to be consumed by the purchaser; and
(iii) is:
(A) included in the purchase price of the accommodations and services; and
(B) not separately stated on an invoice, bill of sale, or other similar document provided
to the purchaser.
(b) "Short-term lodging consumable" includes:
(i) a beverage;
(ii) a brush or comb;
(iii) a cosmetic;
(iv) a hair care product;
(v) lotion;
(vi) a magazine;
(vii) makeup;
(viii) a meal;
(ix) mouthwash;
(x) nail polish remover;
(xi) a newspaper;
(xii) a notepad;
(xiii) a pen;
(xiv) a pencil;
(xv) a razor;
(xvi) saline solution;
(xvii) a sewing kit;
(xviii) shaving cream;
(xix) a shoe shine kit;
(xx) a shower cap;
(xxi) a snack item;
(xxii) soap;
(xxiii) toilet paper;
(xxiv) a toothbrush;
(xxv) toothpaste; or
(xxvi) an item similar to Subsections (119)(b)(i) through (xxv) as the commission may
provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(c) "Short-term lodging consumable" does not include:
(i) tangible personal property that is cleaned or washed to allow the tangible personal
property to be reused; or
(ii) a product transferred electronically.
(120) "Simplified electronic return" means the electronic return:
(a) described in Section 318(C) of the agreement; and
(b) approved by the governing board of the agreement.
(121) "Solar energy" means the sun used as the sole source of energy for producing
electricity.
(122) (a) "Sports or recreational equipment" means an item:
(i) designed for human use; and
(ii) that is:
(A) worn in conjunction with:
(I) an athletic activity; or
(II) a recreational activity; and
(B) not suitable for general use.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules:
(i) listing the items that constitute "sports or recreational equipment"; and
(ii) that are consistent with the list of items that constitute "sports or recreational
equipment" under the agreement.
(123) "State" means the state of Utah, its departments, and agencies.
(124) "Storage" means any keeping or retention of tangible personal property or any
other taxable transaction under Subsection 
59-12-103
(1), in this state for any purpose except
sale in the regular course of business.
(125) (a) Except as provided in Subsection (125)(d) or (e), "tangible personal property"
means personal property that:
(i) may be:
(A) seen;
(B) weighed;
(C) measured;
(D) felt; or
(E) touched; or
(ii) is in any manner perceptible to the senses.
(b) "Tangible personal property" includes:
(i) electricity;
(ii) water;
(iii) gas;
(iv) steam; or
(v) prewritten computer software, regardless of the manner in which the prewritten
computer software is transferred.
(c) "Tangible personal property" includes the following regardless of whether the item
is attached to real property:
(i) a dishwasher;
(ii) a dryer;
(iii) a freezer;
(iv) a microwave;
(v) a refrigerator;
(vi) a stove;
(vii) a washer; or
(viii) an item similar to Subsections (125)(c)(i) through (vii) as determined by the
commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(d) "Tangible personal property" does not include a product that is transferred
electronically.
(e) "Tangible personal property" does not include the following if attached to real
property, regardless of whether the attachment to real property is only through a line that
supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i) a hot water heater;
(ii) a water filtration system; or
(iii) a water softener system.
(126) (a) "Telecommunications enabling or facilitating equipment, machinery, or
software" means an item listed in Subsection (126)(b) if that item is purchased or leased
primarily to enable or facilitate one or more of the following to function:
(i) telecommunications switching or routing equipment, machinery, or software; or
(ii) telecommunications transmission equipment, machinery, or software.
(b) The following apply to Subsection (126)(a):
(i) a pole;
(ii) software;
(iii) a supplementary power supply;
(iv) temperature or environmental equipment or machinery;
(v) test equipment;
(vi) a tower; or
(vii) equipment, machinery, or software that functions similarly to an item listed in
Subsections (126)(b)(i) through (vi) as determined by the commission by rule made in
accordance with Subsection (126)(c).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes equipment, machinery, or software that
functions similarly to an item listed in Subsections (126)(b)(i) through (vi).
(127) "Telecommunications equipment, machinery, or software required for 911
service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
Sec. 20.18.
(128) "Telecommunications maintenance or repair equipment, machinery, or software"
means equipment, machinery, or software purchased or leased primarily to maintain or repair
one or more of the following, regardless of whether the equipment, machinery, or software is
purchased or leased as a spare part or as an upgrade or modification to one or more of the
following:
(a) telecommunications enabling or facilitating equipment, machinery, or software;
(b) telecommunications switching or routing equipment, machinery, or software; or
(c) telecommunications transmission equipment, machinery, or software.
(129) (a) "Telecommunications service" means the electronic conveyance, routing, or
transmission of audio, data, video, voice, or any other information or signal to a point, or
among or between points.
(b) "Telecommunications service" includes:
(i) an electronic conveyance, routing, or transmission with respect to which a computer
processing application is used to act:
(A) on the code, form, or protocol of the content;
(B) for the purpose of electronic conveyance, routing, or transmission; and
(C) regardless of whether the service:
(I) is referred to as voice over Internet protocol service; or
(II) is classified by the Federal Communications Commission as enhanced or value
added;
(ii) an 800 service;
(iii) a 900 service;
(iv) a fixed wireless service;
(v) a mobile wireless service;
(vi) a postpaid calling service;
(vii) a prepaid calling service;
(viii) a prepaid wireless calling service; or
(ix) a private communications service.
(c) "Telecommunications service" does not include:
(i) advertising, including directory advertising;
(ii) an ancillary service;
(iii) a billing and collection service provided to a third party;
(iv) a data processing and information service if:
(A) the data processing and information service allows data to be:
(I) (Aa) acquired;
(Bb) generated;
(Cc) processed;
(Dd) retrieved; or
(Ee) stored; and
(II) delivered by an electronic transmission to a purchaser; and
(B) the purchaser's primary purpose for the underlying transaction is the processed data
or information;
(v) installation or maintenance of the following on a customer's premises:
(A) equipment; or
(B) wiring;
(vi) Internet access service;
(vii) a paging service;
(viii) a product transferred electronically, including:
(A) music;
(B) reading material;
(C) a ring tone;
(D) software; or
(E) video;
(ix) a radio and television audio and video programming service:
(A) regardless of the medium; and
(B) including:
(I) furnishing conveyance, routing, or transmission of a television audio and video
programming service by a programming service provider;
(II) cable service as defined in 47 U.S.C. Sec. 522(6); or
(III) audio and video programming services delivered by a commercial mobile radio
service provider as defined in 47 C.F.R. Sec. 20.3;
(x) a value-added nonvoice data service; or
(xi) tangible personal property.
(130) (a) "Telecommunications service provider" means a person that:
(i) owns, controls, operates, or manages a telecommunications service; and
(ii) engages in an activity described in Subsection (130)(a)(i) for the shared use with or
resale to any person of the telecommunications service.
(b) A person described in Subsection (130)(a) is a telecommunications service provider
whether or not the Public Service Commission of Utah regulates:
(i) that person; or
(ii) the telecommunications service that the person owns, controls, operates, or
manages.
(131) (a) "Telecommunications switching or routing equipment, machinery, or
software" means an item listed in Subsection (131)(b) if that item is purchased or leased
primarily for switching or routing:
(i) an ancillary service;
(ii) data communications;
(iii) voice communications; or
(iv) telecommunications service.
(b) The following apply to Subsection (131)(a):
(i) a bridge;
(ii) a computer;
(iii) a cross connect;
(iv) a modem;
(v) a multiplexer;
(vi) plug in circuitry;
(vii) a router;
(viii) software;
(ix) a switch; or
(x) equipment, machinery, or software that functions similarly to an item listed in
Subsections (131)(b)(i) through (ix) as determined by the commission by rule made in
accordance with Subsection (131)(c).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes equipment, machinery, or software that
functions similarly to an item listed in Subsections (131)(b)(i) through (ix).
(132) (a) "Telecommunications transmission equipment, machinery, or software"
means an item listed in Subsection (132)(b) if that item is purchased or leased primarily for
sending, receiving, or transporting:
(i) an ancillary service;
(ii) data communications;
(iii) voice communications; or
(iv) telecommunications service.
(b) The following apply to Subsection (132)(a):
(i) an amplifier;
(ii) a cable;
(iii) a closure;
(iv) a conduit;
(v) a controller;
(vi) a duplexer;
(vii) a filter;
(viii) an input device;
(ix) an input/output device;
(x) an insulator;
(xi) microwave machinery or equipment;
(xii) an oscillator;
(xiii) an output device;
(xiv) a pedestal;
(xv) a power converter;
(xvi) a power supply;
(xvii) a radio channel;
(xviii) a radio receiver;
(xix) a radio transmitter;
(xx) a repeater;
(xxi) software;
(xxii) a terminal;
(xxiii) a timing unit;
(xxiv) a transformer;
(xxv) a wire; or
(xxvi) equipment, machinery, or software that functions similarly to an item listed in
Subsections (132)(b)(i) through (xxv) as determined by the commission by rule made in
accordance with Subsection (132)(c).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes equipment, machinery, or software that
functions similarly to an item listed in Subsections (132)(b)(i) through (xxv).
(133) (a) "Textbook for a higher education course" means a textbook or other printed
material that is required for a course:
(i) offered by an institution of higher education; and
(ii) that the purchaser of the textbook or other printed material attends or will attend.
(b) "Textbook for a higher education course" includes a textbook in electronic format.
(134) "Tobacco" means:
(a) a cigarette;
(b) a cigar;
(c) chewing tobacco;
(d) pipe tobacco; or
(e) any other item that contains tobacco.
(135) "Unassisted amusement device" means an amusement device, skill device, or
ride device that is started and stopped by the purchaser or renter of the right to use or operate
the amusement device, skill device, or ride device.
(136) (a) "Use" means the exercise of any right or power over tangible personal
property, a product transferred electronically, or a service under Subsection 
59-12-103
(1),
incident to the ownership or the leasing of that tangible personal property, product transferred
electronically, or service.
(b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
property, a product transferred electronically, or a service in the regular course of business and
held for resale.
(137) "Value-added nonvoice data service" means a service:
(a) that otherwise meets the definition of a telecommunications service except that a
computer processing application is used to act primarily for a purpose other than conveyance,
routing, or transmission; and
(b) with respect to which a computer processing application is used to act on data or
information:
(i) code;
(ii) content;
(iii) form; or
(iv) protocol.
(138) (a) Subject to Subsection (138)(b), "vehicle" means the following that are
required to be titled, registered, or titled and registered:
(i) an aircraft as defined in Section 
72-10-102
;
(ii) a vehicle as defined in Section 
41-1a-102
;
(iii) an off-highway vehicle as defined in Section 
41-22-2
; or
(iv) a vessel as defined in Section 
41-1a-102
.
(b) For purposes of Subsection 
59-12-104
(33) only, "vehicle" includes:
(i) a vehicle described in Subsection (138)(a); or
(ii) (A) a locomotive;
(B) a freight car;
(C) railroad work equipment; or
(D) other railroad rolling stock.
(139) "Vehicle dealer" means a person engaged in the business of buying, selling, or
exchanging a vehicle as defined in Subsection (138).
(140) (a) "Vertical service" means an ancillary service that:
(i) is offered in connection with one or more telecommunications services; and
(ii) offers an advanced calling feature that allows a customer to:
(A) identify a caller; and
(B) manage multiple calls and call connections.
(b) "Vertical service" includes an ancillary service that allows a customer to manage a
conference bridging service.
(141) (a) "Voice mail service" means an ancillary service that enables a customer to
receive, send, or store a recorded message.
(b) "Voice mail service" does not include a vertical service that a customer is required
to have in order to utilize a voice mail service.
(142) (a) Except as provided in Subsection (142)(b), "waste energy facility" means a
facility that generates electricity:
(i) using as the primary source of energy waste materials that would be placed in a
landfill or refuse pit if it were not used to generate electricity, including:
(A) tires;
(B) waste coal;
(C) oil shale; or
(D) municipal solid waste; and
(ii) in amounts greater than actually required for the operation of the facility.
(b) "Waste energy facility" does not include a facility that incinerates:
(i) hospital waste as defined in 40 C.F.R. 60.51c; or
(ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
(143) "Watercraft" means a vessel as defined in Section 
73-18-2
.
(144) "Wind energy" means wind used as the sole source of energy to produce
electricity.
(145) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
location by the United States Postal Service.
Section 78. Section 
59-28-103
 is amended to read:
59-28-103.
Imposition -- Rate -- Revenue distribution.
(1) Subject to the other provisions of this chapter, the state shall impose a tax on the
transactions described in Subsection 
59-12-103
(1)(i) at a rate of .32%.
(2) The tax imposed under this chapter is in addition to any other taxes imposed on the
transactions described in Subsection 
59-12-103
(1)(i).
(3) (a) (i) Subject to Subsection (3)(a)(ii), the commission shall deposit 6% of the
revenue the state collects from the tax under this chapter into the Hospitality and Tourism
Management Education Account created in Section [
53A-15-207
] 
53F-9-501
 to fund the
Hospitality and Tourism Management Career and Technical Education Pilot Program created
in Section [
53A-15-206
] 
53E-3-515
.
(ii) The commission may not deposit more than $300,000 into the Hospitality and
Tourism Management Education Account under Subsection (3)(a)(i) in a fiscal year.
(b) Except for the amount deposited into the Hospitality and Tourism Management
Education Account under Subsection (3)(a) and the administrative charge retained under
Subsection 
59-28-104
(4), the commission shall deposit any revenue the state collects from the
tax under this chapter into the Outdoor Recreation Infrastructure Account created in Section
63N-9-205
 to fund the Outdoor Recreational Infrastructure Grant Program created in Section
63N-9-202
.
Section 79. Section 
62A-2-108.1
 is amended to read:
62A-2-108.1.
 Coordination of human services and educational services --
Licensing of programs -- Procedures.
(1) For purposes of this section:
(a) "accredited private school" means a private school that is accredited by an
accrediting entity recognized by the Utah State Board of Education; and
(b) "education entitled children" means children:
(i) subject to compulsory education under Section [
53A-11-101.5
] 
53G-6-202
;
(ii) subject to the school attendance requirements of Section [
53A-11-101.7
]
53G-6-203
; or
(iii) entitled to educational services under Section [
53A-15-301
] 
53E-7-202
.
(2) Subject to Subsection (8) or (9), a human services program may not be licensed to
serve education entitled children unless the human services program presents an educational
service plan that includes evidence:
(a) satisfactory to:
(i) the office; and
(ii) (A) the local school board of the school district in which the human services
program will be operated; or
(B) the school district superintendent of the school district in which the human services
program will be operated; and
(b) that children served by the human services program shall receive appropriate
educational services satisfying the requirements of applicable law.
(3) Subject to Subsection (8) or (9), if a human services program serves any education
entitled children whose custodial parents or legal guardians reside outside the state, then the
program shall also provide an educational funding plan that includes evidence:
(a) satisfactory to:
(i) the office; and
(ii) (A) the local school board of the school district in which the human services
program will be operated; or
(B) the school district superintendent of the school district in which the human services
program will be operated; and
(b) that all costs for educational services to be provided to the education entitled
children, including tuition, and school fees approved by the local school board, shall be borne
by the human services program.
(4) Subject to Subsection (8) or (9), and in accordance with Subsection (2), the human
services program shall obtain and provide the office with a letter:
(a) from the entity referred to in Subsection (2)(a)(ii):
(i) approving the educational service plan referred to in Subsection (2); or
(ii) (A) disapproving the educational service plan referred to in Subsection (2); and
(B) listing the specific requirements the human services program must meet before
approval is granted; and
(b) from the entity referred to in Subsection (3)(a)(ii):
(i) approving the educational funding plan, referred to in Subsection (3); or
(ii) (A) disapproving the educational funding plan, referred to in Subsection (3); and
(B) listing the specific requirements the human services program must meet before
approval is granted.
(5) Subject to Subsection (8), failure of a local school board or school district
superintendent to respond to a proposed plan within 45 days of receipt of the plan is equivalent
to approval of the plan by the local school board or school district superintendent if the human
services program provides to the office:
(a) proof that:
(i) the human services program submitted the proposed plan to the local school board
or school district superintendent; and
(ii) more than 45 days have passed from the day on which the plan was submitted; and
(b) an affidavit, on a form produced by the office, stating:
(i) the date that the human services program submitted the proposed plan to the local
school board or school district superintendent;
(ii) that more than 45 days have passed from the day on which the plan was submitted;
and
(iii) that the local school board or school district superintendent described in
Subsection (5)(b)(i) failed to respond to the proposed plan within 45 days from the day on
which the plan was submitted.
(6) If a licensee that is licensed to serve an education entitled child fails to comply with
its approved educational service plan or educational funding plan, then:
(a) the office shall give the licensee notice of intent to revoke the licensee's license; and
(b) if the licensee continues its noncompliance for more than 30 days after receipt of
the notice described in Subsection (6)(a), the office shall revoke the licensee's license.
(7) If an education entitled child whose custodial parent or legal guardian resides
within the state is provided with educational services by a school district other than the school
district in which the custodial parent or legal guardian resides, then the funding provisions of
Section [
53A-2-210
] 
53G-6-405
 apply.
(8) A human services program that is an accredited private school:
(a) for purposes of Subsection (2):
(i) is only required to submit proof to the office that the accreditation of the private
school is current; and
(ii) is not required to submit an educational service plan for approval by an entity
described in Subsection (2)(a)(ii);
(b) for purposes of Subsection (3):
(i) is only required to submit proof to the office that all costs for educational services
provided to education entitled children will be borne by the human services program; and
(ii) is not required to submit an educational funding plan for approval by an entity
described in Subsection (3)(a)(ii); and
(c) is not required to comply with Subsections (4) and (5).
(9) Except for Subsection (7), the provisions of this section do not apply to a human
services program that is:
(a) a foster home; and
(b) required to be licensed by the office.
Section 80. Section 
62A-4a-202.6
 is amended to read:
62A-4a-202.6.
Conflict child protective services investigations -- Authority of
investigators.
(1) (a) The division shall contract with an independent child protective service
investigator from the private sector to investigate reports of abuse or neglect of a child that
occur while the child is in the custody of the division.
(b) The executive director shall designate an entity within the department, other than
the division, to monitor the contract for the investigators described in Subsection (1)(a).
(c) Subject to Subsection (4), when a report is made that a child is abused or neglected
while in the custody of the division:
(i) the attorney general may, in accordance with Section 
67-5-16
, and with the consent
of the division, employ a child protective services investigator to conduct a conflict
investigation of the report; or
(ii) a law enforcement officer, as defined in Section 
53-13-103
, may, with the consent
of the division, conduct a conflict investigation of the report.
(d) Subsection (1)(c)(ii) does not prevent a law enforcement officer from, without the
consent of the division, conducting a criminal investigation of abuse or neglect under Title 53,
Public Safety Code.
(2) The investigators described in Subsections (1)(c) and (d) may also investigate
allegations of abuse or neglect of a child by a department employee or a licensed substitute care
provider.
(3) The investigators described in Subsection (1), if not peace officers, shall have the
same rights, duties, and authority of a child protective services investigator employed by the
division to:
(a) make a thorough investigation upon receiving either an oral or written report of
alleged abuse or neglect of a child, with the primary purpose of that investigation being the
protection of the child;
(b) make an inquiry into the child's home environment, emotional, or mental health, the
nature and extent of the child's injuries, and the child's physical safety;
(c) make a written report of their investigation, including determination regarding
whether the alleged abuse or neglect was substantiated, unsubstantiated, or without merit, and
forward a copy of that report to the division within the time mandates for investigations
established by the division; and
(d) immediately consult with school authorities to verify the child's status in
accordance with Sections [
53A-11-101
] 
53G-6-201
 through [
53A-11-103
] 
53G-6-206
 when a
report is based upon or includes an allegation of educational neglect.
(4) If there is a lapse in the contract with a private child protective service investigator
and no other investigator is available under Subsection (1)(a) or (c), the department may
conduct an independent investigation.
Section 81. Section 
62A-4a-409
 is amended to read:
62A-4a-409.
Investigation by division -- Temporary protective custody --
Preremoval interviews of children.
(1) (a) The division shall make a thorough preremoval investigation upon receiving
either an oral or written report of alleged abuse, neglect, fetal alcohol syndrome, or fetal drug
dependency, when there is reasonable cause to suspect that a situation of abuse, neglect, fetal
alcohol syndrome, or fetal drug dependency exists.
(b) The primary purpose of the investigation described in Subsection (1)(a) shall be
protection of the child.
(2) The preremoval investigation described in Subsection (1)(a) shall include the same
investigative requirements described in Section 
62A-4a-202.3
.
(3) The division shall make a written report of its investigation that shall include a
determination regarding whether the alleged abuse or neglect is supported, unsupported, or
without merit.
(4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
with reports made under this part.
(b) The division shall convene a child protection team to assist the division in the
division's protective, diagnostic, assessment, treatment, and coordination services.
(c) The division may include members of a child protection unit in the division's
protective, diagnostic, assessment, treatment, and coordination services.
(d) A representative of the division shall serve as the team's coordinator and chair. 
Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
shall include representatives of:
(i) health, mental health, education, and law enforcement agencies;
(ii) the child;
(iii) parent and family support groups unless the parent is alleged to be the perpetrator;
and
(iv) other appropriate agencies or individuals.
(5) If a report of neglect is based upon or includes an allegation of educational neglect,
the division shall immediately consult with school authorities to verify the child's status in
accordance with Sections [
53A-11-101
] 
53G-6-201
 through [
53A-11-103
] 
53G-6-206
.
(6) When the division completes its initial investigation under this part, it shall give
notice of that completion to the person who made the initial report.
(7) Division workers or other child protection team members have authority to enter
upon public or private premises, using appropriate legal processes, to investigate reports of
alleged abuse or neglect, upon notice to parents of their rights under the Child Abuse
Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
(8) With regard to any interview of a child prior to removal of that child from the
child's home:
(a) except as provided in Subsection (8)(b) or (c), the division shall inform a parent of
the child prior to the interview of:
(i) the specific allegations concerning the child; and
(ii) the time and place of the interview;
(b) if a child's parent or stepparent, or a parent's paramour has been identified as the
alleged perpetrator, the division is not required to comply with Subsection (8)(a);
(c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
minutes, with the child prior to complying with Subsection (8)(a);
(d) in all cases described in Subsection (8)(b) or (c), a parent of the child shall be
notified as soon as practicable after the child has been interviewed, but in no case later than 24
hours after the interview has taken place;
(e) a child's parents shall be notified of the time and place of all subsequent interviews
with the child; and
(f) the child shall be allowed to have a support person of the child's choice present,
who:
(i) may include:
(A) a school teacher;
(B) an administrator;
(C) a guidance counselor;
(D) a child care provider;
(E) a family member;
(F) a family advocate; or
(G) clergy; and
(ii) may not be a person who is alleged to be, or potentially may be, the perpetrator.
(9) In accordance with the procedures and requirements of Sections 
62A-4a-202.1
through 
62A-4a-202.3
, a division worker or child protection team member may take a child
into protective custody and deliver the child to a law enforcement officer, or place the child in
an emergency shelter facility approved by the juvenile court, at the earliest opportunity
subsequent to the child's removal from the child's original environment. Control and
jurisdiction over the child is determined by the provisions of Title 78A, Chapter 6, Juvenile
Court Act, and as otherwise provided by law.
(10) With regard to cases in which law enforcement has or is conducting an
investigation of alleged abuse or neglect of a child:
(a) the division shall coordinate with law enforcement to ensure that there is an
adequate safety plan to protect the child from further abuse or neglect; and
(b) the division is not required to duplicate an aspect of the investigation that, in the
division's determination, has been satisfactorily completed by law enforcement.
(11) With regard to a mutual case in which a child protection unit was involved in the
investigation of alleged abuse or neglect of a child, the division shall consult with the child
protection unit before closing the case.
Section 82. Section 
62A-4a-606
 is amended to read:
62A-4a-606.
Child-placing agency responsibility for educational services --
Payment of costs.
(1) A child-placing agency shall ensure that the requirements of Subsections
[
53A-11-101.5
] 
53G-6-202
(2) and [
53A-11-101.7
] 
53G-6-203
(1) are met through the provision
of appropriate educational services for all children served in the state by the agency.
(2) If the educational services are to be provided through a public school, and:
(a) the custodial parent or legal guardian resides outside the state, then the child
placing agency shall pay all educational costs required under Sections [
53A-2-205
] 
53G-6-306
and [
53A-12-102
] 
53G-7-503
; or
(b) the custodial parent or legal guardian resides within the state, then the child placing
agency shall pay all educational costs required under Section [
53A-12-102
] 
53G-7-503
.
(3) Children in the custody or under the care of a Utah state agency are exempt from
the payment of fees required under Subsection (2).
(4) A public school shall admit any child living within its school boundaries who is
under the supervision of a child placing agency upon payment by the agency of the tuition and
fees required under Subsection (2).
Section 83. Section 
62A-4a-1002
 is amended to read:
62A-4a-1002.
Definitions.
As used in this part:
(1) (a) Except as provided in Subsection (1)(b), "severe type of child abuse or neglect"
means:
(i) if committed by a person 18 years of age or older:
(A) chronic abuse;
(B) severe abuse;
(C) sexual abuse;
(D) sexual exploitation;
(E) abandonment;
(F) chronic neglect; or
(G) severe neglect; or
(ii) if committed by a person under the age of 18:
(A) serious physical injury, as defined in Subsection 
76-5-109
(1), to another child
which indicates a significant risk to other children; or
(B) sexual behavior with or upon another child which indicates a significant risk to
other children.
(b) "Severe type of child abuse or neglect" does not include:
(i) the use of reasonable and necessary physical restraint by an educator in accordance
with Subsection [
53A-11-802
] 
53G-8-302
(2) or Section 
76-2-401
;
(ii) a person's conduct that:
(A) is justified under Section 
76-2-401
; or
(B) constitutes the use of reasonable and necessary physical restraint or force in
self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or
other dangerous object in the possession or under the control of a child or to protect the child or
another person from physical injury; or
(iii) a health care decision made for a child by the child's parent or guardian, unless,
subject to Subsection 
62A-4a-1004
(2), the state or other party to the proceeding shows, by
clear and convincing evidence, that the health care decision is not reasonable and informed.
(2) "Significant risk" means a risk of harm that is determined to be significant in
accordance with risk assessment tools and rules established by the division that focus on:
(a) age;
(b) social factors;
(c) emotional factors;
(d) sexual factors;
(e) intellectual factors;
(f) family risk factors; and
(g) other related considerations.
Section 84. Section 
62A-5a-102
 is amended to read:
62A-5a-102.
Definitions.
As used in this chapter:
(1) "Council" means the Coordinating Council for Persons with Disabilities.
(2) "State agencies" means:
(a) the Division of Services for People with Disabilities and the Division of Substance
Abuse and Mental Health, within the Department of Human Services;
(b) the Division of Health Care Financing within the Department of Health;
(c) family health services programs established under Title 26, Chapter 10, Family
Health Services, operated by the Department of Health;
(d) the Utah State Office of Rehabilitation created in Section 
35A-1-202
; and
(e) special education programs operated by the State Board of Education and local
school districts under [
Title 53A, Chapter 15, Part 3, Education of Children with Disabilities
]
Title 53E, Chapter 7, Part 2, Special Education Program
.
Section 85. Section 
62A-5a-105
 is amended to read:
62A-5a-105.
Coordination of services for school-age children.
(1) Within appropriations authorized by the Legislature, the state director of special
education, the director of the Utah State Office of Rehabilitation created in Section 
35A-1-202
,
the executive director of the Department of Human Services, and the family health services
director within the Department of Health, or their designees, and the affected local school
district shall cooperatively develop a single coordinated education program, treatment services,
and individual and family supports for students entitled to a free appropriate education under
[
Title 53A, Chapter 15, Part 3, Education of Children with Disabilities
] 
Title 53E, Chapter 7,
Part 2, Special Education Program
, who also require services from the Department of Human
Services, the Department of Health, or the Utah State Office of Rehabilitation.
(2) Distribution of costs for services and supports described in Subsection (1) shall be
determined through a process established by the State Board of Education, the Department of
Human Services, and the Department of Health.
Section 86. Section 
62A-15-1101
 is amended to read:
62A-15-1101.
Suicide prevention -- Reporting requirements.
(1) As used in the section:
(a) "Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the Department of Public Safety.
(b) "Division" means the Division of Substance Abuse and Mental Health.
(c) "Intervention" means an effort to prevent a person from attempting suicide.
(d) "Postvention" means mental health intervention after a suicide attempt or death to
prevent or contain contagion.
(e) "State suicide prevention coordinator" means an individual designated by the
division as described in Subsections (2) and (3).
(2) The division shall appoint a state suicide prevention coordinator to administer a
state suicide prevention program composed of suicide prevention, intervention, and postvention
programs, services, and efforts.
(3) The state suicide prevention program may include the following components:
(a) delivery of resources, tools, and training to community-based coalitions;
(b) evidence-based suicide risk assessment tools and training;
(c) town hall meetings for building community-based suicide prevention strategies;
(d) suicide prevention gatekeeper training;
(e) training to identify warning signs and to manage an at-risk individual's crisis;
(f) evidence-based intervention training;
(g) intervention skills training; and
(h) postvention training.
(4) The state suicide prevention coordinator shall coordinate with the following to
gather statistics, among other duties:
(a) local mental health and substance abuse authorities;
(b) the State Board of Education, including the public education suicide prevention
coordinator described in Section [
53A-15-1301
] 
53G-9-702
;
(c) the Department of Health;
(d) health care providers, including emergency rooms;
(e) federal agencies, including the Federal Bureau of Investigation;
(f) other unbiased sources; and
(g) other public health suicide prevention efforts.
(5) The state suicide prevention coordinator shall provide a written report to the Health
and Human Services Interim Committee, by the October meeting every year, on:
(a) implementation of the state suicide prevention program, as described in Subsections
(2) and (3);
(b) data measuring the effectiveness of each component of the state suicide prevention
program;
(c) funds appropriated for each component of the state suicide prevention program; and
(d) five-year trends of suicides in Utah, including subgroups of youths and adults and
other subgroups identified by the state suicide prevention coordinator.
(6) The state suicide prevention coordinator shall report to the Legislature's:
(a) Education Interim Committee, by the October 2015 meeting, jointly with the State
Board of Education, on the coordination of suicide prevention programs and efforts with the
State Board of Education and the public education suicide prevention coordinator as described
in Section [
53A-15-1301
] 
53G-9-702
; and
(b) Health and Human Services Interim Committee, by the October 2017 meeting,
statistics on the number of annual suicides in Utah, including how many suicides were
committed with a gun, and if so:
(i) where the victim procured the gun and if the gun was legally possessed by the
victim;
(ii) if the victim purchased the gun legally and whether a background check was
performed before the victim purchased the gun;
(iii) whether the victim had a history of mental illness or was under the treatment of a
mental health professional;
(iv) whether any medication or illegal drugs or alcohol were also involved in the
suicide; and
(v) if the suicide incident also involved the injury or death of another individual,
whether the shooter had a history of domestic violence.
(7) The state suicide prevention coordinator shall consult with the bureau to implement
and manage the operation of a firearm safety program, as described in Subsection
53-10-202
(18), Section 
53-10-202.1
, and the Suicide Prevention Education Program described
in Section 
53-10-202.3
.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules:
(a) governing the implementation of the state suicide prevention program, consistent
with this section; and
(b) in conjunction with the bureau, defining the criteria for employers to apply for
grants under the Suicide Prevention Education Program in Section 
53-10-202.3
, which shall
include:
(i) attendance at a suicide prevention education course; and
(ii) display of posters and distribution of the firearm safety brochures or packets
created in Subsection 
53-10-202
(18)(a)(iii), but does not require the distribution of a
cable-style gun lock with a firearm if the firearm already has a trigger lock or comparable
safety mechanism.
(9) The state suicide prevention coordinator shall present to the Health and Human
Services Interim Committee, no later than November 2017, a 10-year statewide suicide
prevention plan.
(10) As funding by the Legislature allows, the state suicide prevention coordinator
shall award grants, not to exceed a total of $100,000 per fiscal year, to suicide prevention
programs that focus on the needs of children who have been served by the Division of Juvenile
Justice Services.
Section 87. Section 
63A-3-106
 is amended to read:
63A-3-106.
Per diem rates for board members.
(1) As used in this section and Section 
63A-3-107
:
(a) "Board" means a board, commission, council, committee, task force, or similar
body established to perform a governmental function.
(b) "Board member" means a person appointed or designated by statute to serve on a
board.
(c) "Executive branch" means an agency within the executive branch of state
government.
(d) (i) "Governmental entity" has the same meaning, except as provided in Subsection
(1)(d)(ii), as provided under Section 
63G-2-103
.
(ii) "Governmental entity" does not include an association as defined in Section
[
53A-16-101
] 
53G-7-1101
.
(e) "Higher education" means a state institution of higher education, as defined under
Section 
53B-1-102
.
(f) "Officer" means a person who is elected or appointed to an office or position within
a governmental entity.
(g) "Official meeting" means a meeting of a board that is called in accordance with
statute.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
subject to approval by the executive director, the director of the Division of Finance shall make
rules establishing per diem rates to defray subsistence costs for a board member's attendance at
an official meeting.
(3) Unless otherwise provided by statute, a per diem rate established under Subsection
(2) is applicable to a board member who serves:
(a) within the executive branch, except as provided under Subsection (3)(b);
(b) within higher education, unless higher education pays the costs of the per diem;
(c) on a board that is:
(i) not included under Subsection (3)(a) or (b); and
(ii) created by a statute that adopts the per diem rates by reference to:
(A) this section; and
(B) the rule authorized by this section; and
(d) within a government entity that is not included under Subsection (3)(a), if the
government entity adopts the per diem rates by reference to:
(i) this section; or
(ii) the rule establishing the per diem rates.
(4) (a) Unless otherwise provided by statute, a board member who is not a legislator
may receive per diem under this section and travel expenses under Section 
63A-3-107
 if the per
diem and travel expenses are incurred by the board member for attendance at an official
meeting.
(b) Notwithstanding Subsection (4)(a), a board member may not receive per diem or
travel expenses under this Subsection (4) if the board member is being paid by a governmental
entity while performing the board member's service on the board.
(5) A board member may decline to receive per diem for the board member's service.
(6) Compensation and expenses of a board member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Section 88. Section 
63A-3-402
 is amended to read:
63A-3-402.
Utah Public Finance Website -- Establishment and administration --
Records disclosure -- Exceptions.
(1) There is created the Utah Public Finance Website to be administered by the
Division of Finance with the technical assistance of the Department of Technology Services.
(2) The Utah Public Finance Website shall:
(a) permit Utah taxpayers to:
(i) view, understand, and track the use of taxpayer dollars by making public financial
information available on the Internet for participating state entities, independent entities, and
participating local entities, using the Utah Public Finance Website; and
(ii) link to websites administered by participating local entities or independent entities
that do not use the Utah Public Finance Website for the purpose of providing participating
local entities' or independent entities' public financial information as required by this part and
by rule under Section 
63A-3-404
;
(b) allow a person who has Internet access to use the website without paying a fee;
(c) allow the public to search public financial information on the Utah Public Finance
Website using criteria established by the board;
(d) provide access to financial reports, financial audits, budgets, or other financial
documents that are used to allocate, appropriate, spend, and account for government funds, as
may be established by rule under Section 
63A-3-404
;
(e) have a unique and simplified website address;
(f) be directly accessible via a link from the main page of the official state website;
(g) include other links, features, or functionality that will assist the public in obtaining
and reviewing public financial information, as may be established by rule under Section
63A-3-404
; and
(h) include a link to school report cards published on the State Board of Education's
website under Section [
53A-1-1112
] 
53E-5-211
.
(3) The division shall:
(a) establish and maintain the website, including the provision of equipment, resources,
and personnel as necessary;
(b) maintain an archive of all information posted to the website;
(c) coordinate and process the receipt and posting of public financial information from
participating state entities;
(d) coordinate and regulate the posting of public financial information by participating
local entities and independent entities; and
(e) provide staff support for the advisory committee.
(4) (a) A participating state entity and each independent entity shall permit the public
to view the entity's public financial information via the website, beginning with information
that is generated not later than the fiscal year that begins July 1, 2008, except that public
financial information for an:
(i) institution of higher education shall be provided beginning with information
generated for the fiscal year beginning July 1, 2009; and
(ii) independent entity shall be provided beginning with information generated for the
entity's fiscal year beginning in 2014.
(b) No later than May 15, 2009, the website shall:
(i) be operational; and
(ii) permit public access to participating state entities' public financial information,
except as provided in Subsections (4)(c) and (d).
(c) An institution of higher education that is a participating state entity shall submit the
entity's public financial information at a time allowing for inclusion on the website no later
than May 15, 2010.
(d) No later than the first full quarter after July 1, 2014, an independent entity shall
submit the entity's public financial information for inclusion on the Utah Public Finance
Website or via a link to its own website on the Utah Public Finance Website.
(5) (a) The Utah Educational Savings Plan, created in Section 
53B-8a-103
, shall
provide the following financial information to the division for posting on the Utah Public
Finance Website:
(i) administrative fund expense transactions from its general ledger accounting system;
and
(ii) employee compensation information.
(b) The plan is not required to submit other financial information to the division,
including:
(i) revenue transactions;
(ii) account owner transactions; and
(iii) fiduciary or commercial information, as defined in Section 
53B-12-102
.
(6) (a) The following independent entities shall each provide administrative expense
transactions from its general ledger accounting system and employee compensation
information to the division for posting on the Utah Public Finance Website or via a link to a
website administered by the independent entity:
(i) the Utah Capital Investment Corporation, created in Section 
63N-6-301
;
(ii) the Utah Housing Corporation, created in Section 
63H-8-201
; and
(iii) the School and Institutional Trust Lands Administration, created in Section
53C-1-201
.
(b) For purposes of this part, an independent entity described in Subsection (6)(a) is not
required to submit to the division, or provide a link to, other financial information, including:
(i) revenue transactions of a fund or account created in its enabling statute;
(ii) fiduciary or commercial information related to any subject if the disclosure of the
information:
(A) would conflict with fiduciary obligations; or
(B) is prohibited by insider trading provisions;
(iii) information of a commercial nature, including information related to:
(A) account owners, borrowers, and dependents;
(B) demographic data;
(C) contracts and related payments;
(D) negotiations;
(E) proposals or bids;
(F) investments;
(G) the investment and management of funds;
(H) fees and charges;
(I) plan and program design;
(J) investment options and underlying investments offered to account owners;
(K) marketing and outreach efforts;
(L) lending criteria;
(M) the structure and terms of bonding; and
(N) financial plans or strategies; and
(iv) information protected from public disclosure by federal law.
(7) (a) As used in this Subsection (7):
(i) "Local education agency" means a school district or a charter school.
(ii) "New school building project" means:
(A) the construction of a school or school facility that did not previously exist in a local
education agency; or
(B) the lease or purchase of an existing building, by a local education agency, to be
used as a school or school facility.
(iii) "School facility" means a facility, including a pool, theater, stadium, or
maintenance building, that is built, leased, acquired, or remodeled by a local education agency
regardless of whether the facility is open to the public.
(iv) "Significant school remodel" means a construction project undertaken by a local
education agency with a project cost equal to or greater than $2,000,000, including:
(A) the upgrading, changing, alteration, refurbishment, modification, or complete
substitution of an existing school or school facility in a local education agency; or
(B) the addition of a school facility.
(b) For each new school building project or significant school remodel, the local
education agency shall:
(i) prepare an annual school plant capital outlay report; and
(ii) submit the report:
(A) to the division for publication on the Utah Public Finance Website; and
(B) in a format, including any raw data or electronic formatting, prescribed by
applicable division policy.
(c) The local education agency shall include in the capital outlay report described in
Subsection (7)(b)(i) the following information as applicable to each new school building
project or significant school remodel:
(i) the name and location of the new school building project or significant school
remodel;
(ii) construction and design costs, including:
(A) the purchase price or lease terms of any real property acquired or leased for the
project or remodel;
(B) facility construction;
(C) facility and landscape design;
(D) applicable impact fees; and
(E) furnishings and equipment;
(iii) the gross square footage of the project or remodel;
(iv) the year construction was completed; and
(v) the final student capacity of the new school building project or, for a significant
school remodel, the increase or decrease in student capacity created by the remodel.
(d) (i) For a cost, fee, or other expense required to be reported under Subsection (7)(c),
the local education agency shall report the actual cost, fee, or other expense.
(ii) The division may require that a local education agency provide further itemized
data on information listed in Subsection (7)(c).
(e) (i) No later than May 15, 2015, a local education agency shall provide the division a
school plant capital outlay report for each new school building project and significant school
remodel completed on or after July 1, 2004, and before May 13, 2014.
(ii) For a new school building project or significant school remodel completed after
May 13, 2014, the local education agency shall provide the school plant capital outlay report
described in this Subsection (7) to the division annually by a date designated by the division.
(8) A person who negligently discloses a record that is classified as private, protected,
or controlled by Title 63G, Chapter 2, Government Records Access and Management Act, is
not criminally or civilly liable for an improper disclosure of the record if the record is disclosed
solely as a result of the preparation or publication of the Utah Public Finance Website.
Section 89. Section 
63A-4-204
 is amended to read:
63A-4-204.
School district participation in Risk Management Fund.
(1) (a) For the purpose of this section, action by a public school district shall be taken
upon resolution by a majority of the members of the school district's board of education.
(b) (i) Upon approval by the state risk manager and the board of education of the
school district, a public school district may participate in the Risk Management Fund and may
permit a foundation established under Section [
53A-4-205
] 
53E-3-403
 to participate in the
Risk Management Fund.
(ii) Upon approval by the state risk manager and the State Board of Education, a state
public education foundation may participate in the Risk Management Fund.
(c) Subject to any cancellation or other applicable coverage provisions, either the state
risk manager or the public school district may terminate participation in the fund.
(2) The state risk manager shall contract for all insurance, legal, loss adjustment,
consulting, loss control, safety, and other related services necessary to support the insurance
program provided to a participating public school district, except that all supporting legal
services are subject to the prior approval of the state attorney general.
(3) (a) The state risk manager shall treat each participating public school district as a
state agency when participating in the Risk Management Fund.
(b) Each public school district participating in the fund shall comply with the
provisions of this part that affect state agencies.
(4) (a) Each year, the risk manager shall prepare, in writing, the information required
by Subsection (4)(b) regarding the coverage against legal liability provided a school district
employee of this state:
(i) by the Risk Management Fund;
(ii) under Title 63G, Chapter 7, Governmental Immunity Act of Utah; and
(iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and
Employees Act.
(b) (i) The information described in Subsection (4)(a) shall include:
(A) the eligibility requirements, if any, to receive the coverage;
(B) the basic nature of the coverage for a school district employee, including what is
not covered; and
(C) whether the coverage is primary or in excess of any other coverage the risk
manager knows is commonly available to a school district employee in this state.
(ii) The information described in Subsection (4)(a) may include:
(A) comparisons the risk manager considers beneficial to a school district employee
between:
(I) the coverage described in Subsection (4)(a); and
(II) other coverage the risk manager knows is commonly available to a school district
employee in this state; and
(B) any other information the risk manager considers appropriate.
(c) By no later than July 1 of each year, the risk manager shall provide the information
prepared under this Subsection (4) to each school district that participates in the Risk
Management Fund.
(d) A school district that participates in the Risk Management Fund shall provide a
copy of the information described in Subsection (4)(c) to each school district employee within
the school district no later than the first day of each school year.
(e) If a school district hires an employee after the first day of the school year, no later
than 10 days after the day on which the employee is hired, the school district shall provide the
information described in Subsection (4)(c) to the employee.
Section 90. Section 
63A-4-204.5
 is amended to read:
63A-4-204.5.
Charter school participation in Risk Management Fund.
(1) A charter school established under the authority of [
Title 53A, Chapter 1a, Part 5,
The Utah Charter Schools Act
] 
Title 53G, Chapter 5, Charter Schools
, may participate in the
Risk Management Fund upon the approval of the state risk manager and the governing body of
the charter school.
(2) (a) For purposes of administration, the state risk manager shall treat each charter
school participating in the fund as a state agency.
(b) Each charter school participating in the fund shall comply with the provisions of
this part that affect state agencies.
(3) (a) Each year, the risk manager shall prepare, in writing, the information required
by Subsection (3)(b) regarding the coverage against legal liability provided a charter school
employee of this state:
(i) by the Risk Management Fund;
(ii) under Title 63G, Chapter 7, Utah Governmental Immunity Act of Utah; and
(iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and
Employees Act.
(b) (i) The information described in Subsection (3)(a) shall include:
(A) the eligibility requirements, if any, to receive the coverage;
(B) the basic nature of the coverage for a charter school employee, including what is
not covered; and
(C) whether the coverage is primary or in excess of any other coverage the risk
manager knows is commonly available to a charter school employee in this state.
(ii) The information described in Subsection (3)(a) may include:
(A) comparisons the risk manager considers beneficial to a charter school employee
between:
(I) the coverage described in Subsection (3)(a); and
(II) other coverage the risk manager knows is commonly available to a charter school
employee in this state; and
(B) any other information the risk manager considers appropriate.
(c) By no later than July 1 of each year, the risk manager shall provide the information
prepared under this Subsection (3) to each charter school that participates in the Risk
Management Fund.
(d) A charter school that participates in the Risk Management Fund shall provide a
copy of the information described in Subsection (3)(c) to each charter school employee within
the charter school no later than the first day of each school year.
(e) If a charter school hires an employee after the first day of the school year, no later
than 10 days after the day on which the employee is hired, the charter school shall provide the
information described in Subsection (3)(c) to the employee.
Section 91. Section 
63G-2-103
 is amended to read:
63G-2-103.
Definitions.
As used in this chapter:
(1) "Audit" means:
(a) a systematic examination of financial, management, program, and related records
for the purpose of determining the fair presentation of financial statements, adequacy of
internal controls, or compliance with laws and regulations; or
(b) a systematic examination of program procedures and operations for the purpose of
determining their effectiveness, economy, efficiency, and compliance with statutes and
regulations.
(2) "Chronological logs" mean the regular and customary summary records of law
enforcement agencies and other public safety agencies that show:
(a) the time and general nature of police, fire, and paramedic calls made to the agency;
and
(b) any arrests or jail bookings made by the agency.
(3) "Classification," "classify," and their derivative forms mean determining whether a
record series, record, or information within a record is public, private, controlled, protected, or
exempt from disclosure under Subsection 
63G-2-201
(3)(b).
(4) (a) "Computer program" means:
(i) a series of instructions or statements that permit the functioning of a computer
system in a manner designed to provide storage, retrieval, and manipulation of data from the
computer system; and
(ii) any associated documentation and source material that explain how to operate the
computer program.
(b) "Computer program" does not mean:
(i) the original data, including numbers, text, voice, graphics, and images;
(ii) analysis, compilation, and other manipulated forms of the original data produced by
use of the program; or
(iii) the mathematical or statistical formulas, excluding the underlying mathematical
algorithms contained in the program, that would be used if the manipulated forms of the
original data were to be produced manually.
(5) (a) "Contractor" means:
(i) any person who contracts with a governmental entity to provide goods or services
directly to a governmental entity; or
(ii) any private, nonprofit organization that receives funds from a governmental entity.
(b) "Contractor" does not mean a private provider.
(6) "Controlled record" means a record containing data on individuals that is controlled
as provided by Section 
63G-2-304
.
(7) "Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's
review of a reasonable sample of a record series, the primary classification that a majority of
records in a record series would be given if classified and the classification that other records
typically present in the record series would be given if classified.
(8) "Elected official" means each person elected to a state office, county office,
municipal office, school board or school district office, local district office, or special service
district office, but does not include judges.
(9) "Explosive" means a chemical compound, device, or mixture:
(a) commonly used or intended for the purpose of producing an explosion; and
(b) that contains oxidizing or combustive units or other ingredients in proportions,
quantities, or packing so that:
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases; and
(ii) the resultant gaseous pressures are capable of:
(A) producing destructive effects on contiguous objects; or
(B) causing death or serious bodily injury.
(10) "Government audit agency" means any governmental entity that conducts an audit.
(11) (a) "Governmental entity" means:
(i) executive department agencies of the state, the offices of the governor, lieutenant
governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
the Board of Examiners, the National Guard, the Career Service Review Office, the State
Board of Education, the State Board of Regents, and the State Archives;
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
committees, except any political party, group, caucus, or rules or sifting committee of the
Legislature;
(iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
administrative units in the judicial branch;
(iv) any state-funded institution of higher education or public education; or
(v) any political subdivision of the state, but, if a political subdivision has adopted an
ordinance or a policy relating to information practices pursuant to Section 
63G-2-701
, this
chapter shall apply to the political subdivision to the extent specified in Section 
63G-2-701
 or
as specified in any other section of this chapter that specifically refers to political subdivisions.
(b) "Governmental entity" also means:
(i) every office, agency, board, bureau, committee, department, advisory board, or
commission of an entity listed in Subsection (11)(a) that is funded or established by the
government to carry out the public's business;
(ii) as defined in Section 
11-13-103
, an interlocal entity or joint or cooperative
undertaking;
(iii) as defined in Section 
11-13a-102
, a governmental nonprofit corporation; and
(iv) an association as defined in Section [
53A-1-1601
] 
53G-7-1101
.
(c) "Governmental entity" does not include the Utah Educational Savings Plan created
in Section 
53B-8a-103
.
(12) "Gross compensation" means every form of remuneration payable for a given
period to an individual for services provided including salaries, commissions, vacation pay,
severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
similar benefit received from the individual's employer.
(13) "Individual" means a human being.
(14) (a) "Initial contact report" means an initial written or recorded report, however
titled, prepared by peace officers engaged in public patrol or response duties describing official
actions initially taken in response to either a public complaint about or the discovery of an
apparent violation of law, which report may describe:
(i) the date, time, location, and nature of the complaint, the incident, or offense;
(ii) names of victims;
(iii) the nature or general scope of the agency's initial actions taken in response to the
incident;
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
(v) the name, address, and other identifying information about any person arrested or
charged in connection with the incident; or
(vi) the identity of the public safety personnel, except undercover personnel, or
prosecuting attorney involved in responding to the initial incident.
(b) Initial contact reports do not include follow-up or investigative reports prepared
after the initial contact report. However, if the information specified in Subsection (14)(a)
appears in follow-up or investigative reports, it may only be treated confidentially if it is
private, controlled, protected, or exempt from disclosure under Subsection 
63G-2-201
(3)(b).
(15) "Legislative body" means the Legislature.
(16) "Notice of compliance" means a statement confirming that a governmental entity
has complied with a records committee order.
(17) "Person" means:
(a) an individual;
(b) a nonprofit or profit corporation;
(c) a partnership;
(d) a sole proprietorship;
(e) other type of business organization; or
(f) any combination acting in concert with one another.
(18) "Private provider" means any person who contracts with a governmental entity to
provide services directly to the public.
(19) "Private record" means a record containing data on individuals that is private as
provided by Section 
63G-2-302
.
(20) "Protected record" means a record that is classified protected as provided by
Section 
63G-2-305
.
(21) "Public record" means a record that is not private, controlled, or protected and that
is not exempt from disclosure as provided in Subsection 
63G-2-201
(3)(b).
(22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
card, tape, recording, electronic data, or other documentary material regardless of physical form
or characteristics:
(i) that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii) where all of the information in the original is reproducible by photocopy or other
mechanical or electronic means.
(b) "Record" does not mean:
(i) a personal note or personal communication prepared or received by an employee or
officer of a governmental entity:
(A) in a capacity other than the employee's or officer's governmental capacity; or
(B) that is unrelated to the conduct of the public's business;
(ii) a temporary draft or similar material prepared for the originator's personal use or
prepared by the originator for the personal use of an individual for whom the originator is
working;
(iii) material that is legally owned by an individual in the individual's private capacity;
(iv) material to which access is limited by the laws of copyright or patent unless the
copyright or patent is owned by a governmental entity or political subdivision;
(v) proprietary software;
(vi) junk mail or a commercial publication received by a governmental entity or an
official or employee of a governmental entity;
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public;
(viii) material that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public, regardless of physical form or characteristics of the material;
(ix) a daily calendar or other personal note prepared by the originator for the
originator's personal use or for the personal use of an individual for whom the originator is
working;
(x) a computer program that is developed or purchased by or for any governmental
entity for its own use;
(xi) a note or internal memorandum prepared as part of the deliberative process by:
(A) a member of the judiciary;
(B) an administrative law judge;
(C) a member of the Board of Pardons and Parole; or
(D) a member of any other body, other than an association or appeals panel as defined
in Section [
53A-1-1601
] 
53G-7-1101
, charged by law with performing a quasi-judicial
function;
(xii) a telephone number or similar code used to access a mobile communication
device that is used by an employee or officer of a governmental entity, provided that the
employee or officer of the governmental entity has designated at least one business telephone
number that is a public record as provided in Section 
63G-2-301
;
(xiii) information provided by the Public Employees' Benefit and Insurance Program,
created in Section 
49-20-103
, to a county to enable the county to calculate the amount to be
paid to a health care provider under Subsection 
17-50-319
(2)(e)(ii);
(xiv) information that an owner of unimproved property provides to a local entity as
provided in Section 
11-42-205
; or
(xv) a video or audio recording of an interview, or a transcript of the video or audio
recording, that is conducted at a Children's Justice Center established under Section 
67-5b-102
.
(23) "Record series" means a group of records that may be treated as a unit for
purposes of designation, description, management, or disposition.
(24) "Records committee" means the State Records Committee created in Section
63G-2-501
.
(25) "Records officer" means the individual appointed by the chief administrative
officer of each governmental entity, or the political subdivision to work with state archives in
the care, maintenance, scheduling, designation, classification, disposal, and preservation of
records.
(26) "Schedule," "scheduling," and their derivative forms mean the process of
specifying the length of time each record series should be retained by a governmental entity for
administrative, legal, fiscal, or historical purposes and when each record series should be
transferred to the state archives or destroyed.
(27) "Sponsored research" means research, training, and other sponsored activities as
defined by the federal Executive Office of the President, Office of Management and Budget:
(a) conducted:
(i) by an institution within the state system of higher education defined in Section
53B-1-102
; and
(ii) through an office responsible for sponsored projects or programs; and
(b) funded or otherwise supported by an external:
(i) person that is not created or controlled by the institution within the state system of
higher education; or
(ii) federal, state, or local governmental entity.
(28) "State archives" means the Division of Archives and Records Service created in
Section 
63A-12-101
.
(29) "State archivist" means the director of the state archives.
(30) "Summary data" means statistical records and compilations that contain data
derived from private, controlled, or protected information but that do not disclose private,
controlled, or protected information.
Section 92. Section 
63G-2-301
 is amended to read:
63G-2-301.
Public records.
(1) As used in this section:
(a) "Business address" means a single address of a governmental agency designated for
the public to contact an employee or officer of the governmental agency.
(b) "Business email address" means a single email address of a governmental agency
designated for the public to contact an employee or officer of the governmental agency.
(c) "Business telephone number" means a single telephone number of a governmental
agency designated for the public to contact an employee or officer of the governmental agency.
(2) The following records are public except to the extent they contain information
expressly permitted to be treated confidentially under the provisions of Subsections
63G-2-201
(3)(b) and (6)(a):
(a) laws;
(b) the name, gender, gross compensation, job title, job description, business address,
business email address, business telephone number, number of hours worked per pay period,
dates of employment, and relevant education, previous employment, and similar job
qualifications of a current or former employee or officer of the governmental entity, excluding:
(i) undercover law enforcement personnel; and
(ii) investigative personnel if disclosure could reasonably be expected to impair the
effectiveness of investigations or endanger any individual's safety;
(c) final opinions, including concurring and dissenting opinions, and orders that are
made by a governmental entity in an administrative, adjudicative, or judicial proceeding except
that if the proceedings were properly closed to the public, the opinion and order may be
withheld to the extent that they contain information that is private, controlled, or protected;
(d) final interpretations of statutes or rules by a governmental entity unless classified as
protected as provided in Subsection 
63G-2-305
(17) or (18);
(e) information contained in or compiled from a transcript, minutes, or report of the
open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open
and Public Meetings Act, including the records of all votes of each member of the
governmental entity;
(f) judicial records unless a court orders the records to be restricted under the rules of
civil or criminal procedure or unless the records are private under this chapter;
(g) unless otherwise classified as private under Section 
63G-2-303
, records or parts of
records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional Trust
Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water Rights, or
other governmental entities that give public notice of:
(i) titles or encumbrances to real property;
(ii) restrictions on the use of real property;
(iii) the capacity of persons to take or convey title to real property; or
(iv) tax status for real and personal property;
(h) records of the Department of Commerce that evidence incorporations, mergers,
name changes, and uniform commercial code filings;
(i) data on individuals that would otherwise be private under this chapter if the
individual who is the subject of the record has given the governmental entity written
permission to make the records available to the public;
(j) documentation of the compensation that a governmental entity pays to a contractor
or private provider;
(k) summary data;
(l) voter registration records, including an individual's voting history, except for a voter
registration record or those parts of a voter registration record that are classified as private
under Subsection 
63G-2-302
(1)(j) or (k);
(m) for an elected official, as defined in Section 
11-47-102
, a telephone number, if
available, and email address, if available, where that elected official may be reached as required
in Title 11, Chapter 47, Access to Elected Officials;
(n) for a school community council member, a telephone number, if available, and
email address, if available, where that elected official may be reached directly as required in
Section [
53A-1a-108.1
] 
53G-7-1203
;
(o) annual audited financial statements of the Utah Educational Savings Plan described
in Section 
53B-8a-111
; and
(p) an initiative packet, as defined in Section 
20A-7-101
, and a referendum packet, as
defined in Section 
20A-7-101
, after the packet is submitted to a county clerk.
(3) The following records are normally public, but to the extent that a record is
expressly exempt from disclosure, access may be restricted under Subsection 
63G-2-201
(3)(b),
Section 
63G-2-302
, 
63G-2-304
, or 
63G-2-305
:
(a) administrative staff manuals, instructions to staff, and statements of policy;
(b) records documenting a contractor's or private provider's compliance with the terms
of a contract with a governmental entity;
(c) records documenting the services provided by a contractor or a private provider to
the extent the records would be public if prepared by the governmental entity;
(d) contracts entered into by a governmental entity;
(e) any account, voucher, or contract that deals with the receipt or expenditure of funds
by a governmental entity;
(f) records relating to government assistance or incentives publicly disclosed,
contracted for, or given by a governmental entity, encouraging a person to expand or relocate a
business in Utah, except as provided in Subsection 
63G-2-305
(35);
(g) chronological logs and initial contact reports;
(h) correspondence by and with a governmental entity in which the governmental entity
determines or states an opinion upon the rights of the state, a political subdivision, the public,
or any person;
(i) empirical data contained in drafts if:
(i) the empirical data is not reasonably available to the requester elsewhere in similar
form; and
(ii) the governmental entity is given a reasonable opportunity to correct any errors or
make nonsubstantive changes before release;
(j) drafts that are circulated to anyone other than:
(i) a governmental entity;
(ii) a political subdivision;
(iii) a federal agency if the governmental entity and the federal agency are jointly
responsible for implementation of a program or project that has been legislatively approved;
(iv) a government-managed corporation; or
(v) a contractor or private provider;
(k) drafts that have never been finalized but were relied upon by the governmental
entity in carrying out action or policy;
(l) original data in a computer program if the governmental entity chooses not to
disclose the program;
(m) arrest warrants after issuance, except that, for good cause, a court may order
restricted access to arrest warrants prior to service;
(n) search warrants after execution and filing of the return, except that a court, for good
cause, may order restricted access to search warrants prior to trial;
(o) records that would disclose information relating to formal charges or disciplinary
actions against a past or present governmental entity employee if:
(i) the disciplinary action has been completed and all time periods for administrative
appeal have expired; and
(ii) the charges on which the disciplinary action was based were sustained;
(p) records maintained by the Division of Forestry, Fire, and State Lands, the School
and Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
evidence mineral production on government lands;
(q) final audit reports;
(r) occupational and professional licenses;
(s) business licenses; and
(t) a notice of violation, a notice of agency action under Section 
63G-4-201
, or similar
records used to initiate proceedings for discipline or sanctions against persons regulated by a
governmental entity, but not including records that initiate employee discipline.
(4) The list of public records in this section is not exhaustive and should not be used to
limit access to records.
Section 93. Section 
63G-2-302
 is amended to read:
63G-2-302.
Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits,
social services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis,
condition, treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d) records received by or generated by or for:
(i) the Independent Legislative Ethics Commission, except for:
(A) the commission's summary data report that is required under legislative rule; and
(B) any other document that is classified as public under legislative rule; or
(ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
unless the record is classified as public under legislative rule;
(e) records received by, or generated by or for, the Independent Executive Branch
Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
of Executive Branch Ethics Complaints;
(f) records received or generated for a Senate confirmation committee concerning
character, professional competence, or physical or mental health of an individual:
(i) if, prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or
impartial hearing; and
(ii) after the meeting, if the meeting was closed to the public;
(g) employment records concerning a current or former employee of, or applicant for
employment with, a governmental entity that would disclose that individual's home address,
home telephone number, social security number, insurance coverage, marital status, or payroll
deductions;
(h) records or parts of records under Section 
63G-2-303
 that a current or former
employee identifies as private according to the requirements of that section;
(i) that part of a record indicating a person's social security number or federal employer
identification number if provided under Section 
31A-23a-104
, 
31A-25-202
, 
31A-26-202
,
58-1-301
, 
58-55-302
, 
61-1-4
, or 
61-2f-203
;
(j) that part of a voter registration record identifying a voter's:
(i) driver license or identification card number;
(ii) Social Security number, or last four digits of the Social Security number;
(iii) email address; or
(iv) date of birth;
(k) a voter registration record that is classified as a private record by the lieutenant
governor or a county clerk under Subsection 
20A-2-104
(4)(f) or 
20A-2-101.1
(5)(a);
(l) a record that:
(i) contains information about an individual;
(ii) is voluntarily provided by the individual; and
(iii) goes into an electronic database that:
(A) is designated by and administered under the authority of the Chief Information
Officer; and
(B) acts as a repository of information about the individual that can be electronically
retrieved and used to facilitate the individual's online interaction with a state agency;
(m) information provided to the Commissioner of Insurance under:
(i) Subsection 
31A-23a-115
(3)(a);
(ii) Subsection 
31A-23a-302
(4); or
(iii) Subsection 
31A-26-210
(4);
(n) information obtained through a criminal background check under Title 11, Chapter
40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
(o) information provided by an offender that is:
(i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
Offender Registry or Title 77, Chapter 43, Child Abuse Registry; and
(ii) not required to be made available to the public under Subsection 
77-41-110
(4) or
77-43-108
(4);
(p) a statement and any supporting documentation filed with the attorney general in
accordance with Section 
34-45-107
, if the federal law or action supporting the filing involves
homeland security;
(q) electronic toll collection customer account information received or collected under
Section 
72-6-118
 and customer information described in Section 
17B-2a-815
 received or
collected by a public transit district, including contact and payment information and customer
travel data;
(r) an email address provided by a military or overseas voter under Section
20A-16-501
;
(s) a completed military-overseas ballot that is electronically transmitted under Title
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(t) records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section 
11-49-201
, except for:
(i) the commission's summary data report that is required in Section 
11-49-202
; and
(ii) any other document that is classified as public in accordance with Title 11, Chapter
49, Political Subdivisions Ethics Review Commission;
(u) a record described in Subsection [
53A-11a-203
] 
53G-9-604
(3) that verifies that a
parent was notified of an incident or threat; and
(v) a criminal background check or credit history report conducted in accordance with
Section 
63A-3-201
.
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment
with a governmental entity, including performance evaluations and personal status information
such as race, religion, or disabilities, but not including records that are public under Subsection
63G-2-301
(2)(b) or 
63G-2-301
(3)(o) or private under Subsection (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 
63G-2-301
(2);
(ii) information provided to the governmental entity for the purpose of complying with
a financial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would
conflict with the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a
clearly unwarranted invasion of personal privacy;
(e) records provided by the United States or by a government entity outside the state
that are given with the requirement that the records be managed as private records, if the
providing entity states in writing that the record would not be subject to public disclosure if
retained by it;
(f) any portion of a record in the custody of the Division of Aging and Adult Services,
created in Section 
62A-3-102
, that may disclose, or lead to the discovery of, the identity of a
person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
(g) audio and video recordings created by a body-worn camera, as defined in Section
77-7a-103
, that record sound or images inside a home or residence except for recordings that: 
(i) depict the commission of an alleged crime;
(ii) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(iii) record any encounter that is the subject of a complaint or a legal proceeding
against a law enforcement officer or law enforcement agency;
(iv) contain an officer involved critical incident as defined in Section 
76-2-408
(1)(d);
or
(v) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording. 
(3) (a) As used in this Subsection (3), "medical records" means medical reports,
records, statements, history, diagnosis, condition, treatment, and evaluation.
(b) Medical records in the possession of the University of Utah Hospital, its clinics,
doctors, or affiliated entities are not private records or controlled records under Section
63G-2-304
 when the records are sought:
(i) in connection with any legal or administrative proceeding in which the patient's
physical, mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any party
relies upon the condition as an element of the claim or defense.
(c) Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the medical
records were in the possession of a nongovernmental medical care provider.
Section 94. Section 
63G-7-102
 is amended to read:
63G-7-102.
Definitions.
As used in this chapter:
(1) "Arises out of or in connection with, or results from," when used to describe the
relationship between conduct or a condition and an injury, means that:
(a) there is some causal relationship between the conduct or condition and the injury;
(b) the causal relationship is more than any causal connection but less than proximate
cause; and
(c) the causal relationship is sufficient to conclude that the injury originates with, flows
from, or is incident to the conduct or condition.
(2) "Claim" means any asserted demand for or cause of action for money or damages,
whether arising under the common law, under state constitutional provisions, or under state
statutes, against a governmental entity or against an employee in the employee's personal
capacity.
(3) (a) "Employee" includes:
(i) a governmental entity's officers, employees, servants, trustees, or commissioners;
(ii) members of a governing body;
(iii) members of a government entity board;
(iv) members of a government entity commission;
(v) members of an advisory body, officers, and employees of a Children's Justice
Center created in accordance with Section 
67-5b-102
;
(vi) student teachers holding a letter of authorization in accordance with Sections
[
53A-6-103
] 
53E-6-102
 and [
53A-6-104
] 
53E-6-201
;
(vii) educational aides;
(viii) students engaged in providing services to members of the public in the course of
an approved medical, nursing, or other professional health care clinical training program;
(ix) volunteers as defined by Subsection 
67-20-2
(3); and
(x) tutors.
(b) "Employee" includes all of the positions identified in Subsection (3)(a), whether or
not the individual holding that position receives compensation.
(c) "Employee" does not include an independent contractor.
(4) "Governmental entity" means the state and its political subdivisions as both are
defined in this section.
(5) (a) "Governmental function" means each activity, undertaking, or operation of a
governmental entity.
(b) "Governmental function" includes each activity, undertaking, or operation
performed by a department, agency, employee, agent, or officer of a governmental entity.
(c) "Governmental function" includes a governmental entity's failure to act.
(6) "Injury" means death, injury to a person, damage to or loss of property, or any other
injury that a person may suffer to the person or estate, that would be actionable if inflicted by a
private person or the private person's agent.
(7) "Personal injury" means an injury of any kind other than property damage.
(8) "Political subdivision" means any county, city, town, school district, community
reinvestment agency, special improvement or taxing district, local district, special service
district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13,
Interlocal Cooperation Act, or other governmental subdivision or public corporation.
(9) "Property damage" means injury to, or loss of, any right, title, estate, or interest in
real or personal property.
(10) "State" means the state of Utah, and includes each office, department, division,
agency, authority, commission, board, institution, hospital, college, university, Children's
Justice Center, or other instrumentality of the state.
(11) "Willful misconduct" means the intentional doing of a wrongful act, or the
wrongful failure to act, without just cause or excuse, where the actor is aware that the actor's
conduct will probably result in injury.
Section 95. Section 
63I-1-253
 is amended to read:
63I-1-253.
Repeal dates, Titles 53, 53A, and 53B.
The following provisions are repealed on the following dates:
(1) Subsection 
53-10-202
(18) is repealed July 1, 2018.
(2) Section 
53-10-202.1
 is repealed July 1, 2018.
(3) [
Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program
]
Section 53F-2-514
, is repealed July 1, 2020.
(4) Section [
53A-13-106.5
] 
53F-6-201
 is repealed July 1, 2019.
(5) Section [
53A-15-106
] 
53F-5-203
 is repealed July 1, 2019.
(6) Sections [
53A-15-206
] 
53E-3-515
 and [
53A-15-207
] 
53F-9-501
 are repealed
January 1, 2023.
(7) [
Title 53A, Chapter 31, Part 4, American Indian and Alaskan Native Education
State Plan Pilot Program
] 
Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native
Education State Plan Pilot Program
, is repealed July 1, 2022.
(8) Section 
53B-24-402
, Rural residency training program, is repealed July 1, 2020.
(9) Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of money
from the Land Exchange Distribution Account to the Geological Survey for test wells, other
hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
Section 96. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53, 53A, and 53B.
[
(1) Section 
53A-1-403.5
 is repealed July 1, 2017.
]
[
(2) Section 
53A-1-411
 is repealed July 1, 2017.
]
[
(3)
] 
(1)
 Section [
53A-1-415
] 
53F-4-204
 is repealed July 1, 2019.
[
(4)
] 
(2)
 Section [
53A-1-709
] 
53F-6-202
 is repealed July 1, 2020.
[
(5)
] 
(3)
 Subsection [
53A-1-1207
] 
53E-5-306
(3)(b)(ii)(B) is repealed July 1, 2020.
[
(6)
] 
(4)
 Section [
53A-1-1208
] 
53E-5-307
 is repealed July 1, 2020.
[
(7) Subsection 
53A-1a-513
(4) is repealed July 1, 2017.
] 
[
(8) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
repealed July 1, 2017.
]
[
(9) Section 
53A-24-601
 is repealed January 1, 2018.
]
[
(10)
] 
(5)
 Section 
53A-24-602
 is repealed July 1, 2018.
[
(11)
] 
(6)
 (a) Subsections 
53B-2a-103
(2) and (4) are repealed July 1, 2019.
(b) When repealing Subsections 
53B-2a-103
(2) and (4), the Office of Legislative
Research and General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3),
make necessary changes to subsection numbering and cross references.
[
(12) Subsections 
53B-7-101
(2)(b)(iii)(A) and (3) are repealed January 1, 2018.
]
[
(13)
] 
(7)
 Subsection 
53B-7-705
(6)(b)(ii)(B) is repealed July 1, 2021.
[
(14)
] 
(8)
 Subsection 
53B-7-707
(4)(b) is repealed July 1, 2021.
[
(15)
] 
(9)
 (a) The following sections are repealed on July 1, 2023:
(i) Section 
53B-8-202
;
(ii) Section 
53B-8-203
;
(iii) Section 
53B-8-204
; and
(iv) Section 
53B-8-205
.
(b) (i) Subsection 
53B-8-201
(2) is repealed on July 1, 2023.
(ii) When repealing Subsection 
53B-8-201
(2), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(16)
] 
(10)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
is repealed July 1, 2023. 
Section 97. Section 
63I-4a-102
 is amended to read:
63I-4a-102.
Definitions.
(1) (a) "Activity" means to provide a good or service.
(b) "Activity" includes to:
(i) manufacture a good or service;
(ii) process a good or service;
(iii) sell a good or service;
(iv) offer for sale a good or service;
(v) rent a good or service;
(vi) lease a good or service;
(vii) deliver a good or service;
(viii) distribute a good or service; or
(ix) advertise a good or service.
(2) (a) Except as provided in Subsection (2)(b), "agency" means:
(i) the state; or
(ii) an entity of the state including a department, office, division, authority,
commission, or board.
(b) "Agency" does not include:
(i) the Legislature;
(ii) an entity or agency of the Legislature;
(iii) the state auditor;
(iv) the state treasurer;
(v) the Office of the Attorney General;
(vi) the Utah Dairy Commission created in Section 
4-22-103
;
(vii) the Heber Valley Historic Railroad Authority created in Section 
63H-4-102
;
(viii) the Utah State Railroad Museum Authority created in Section 
63H-5-102
;
(ix) the Utah Housing Corporation created in Section 
63H-8-201
;
(x) the Utah State Fair Corporation created in Section 
63H-6-103
;
(xi) the Utah State Retirement Office created in Section 
49-11-201
;
(xii) a charter school chartered by the State Charter School Board or a board of trustees
of a higher education institution under [
Title 53A, Chapter 1a, Part 5, The Utah Charter
Schools Act
] 
Title 53G, Chapter 5, Charter Schools
;
(xiii) the Utah Schools for the Deaf and the Blind created in [
Title 53A, Chapter 25b,
Utah Schools for the Deaf and the Blind
] 
Title 53E, Chapter 8, Utah Schools for the Deaf and
the Blind
;
(xiv) an institution of higher education as defined in Section 
53B-3-102
;
(xv) the School and Institutional Trust Lands Administration created in Section
53C-1-201
;
(xvi) the Utah Communications Authority created in Section 
63H-7a-201
; or
(xvii) the Utah Capital Investment Corporation created in Section 
63N-6-301
.
(3) "Agency head" means the chief administrative officer of an agency.
(4) "Board" means the Free Market Protection and Privatization Board created in
Section 
63I-4a-202
.
(5) "Commercial activity" means to engage in an activity that can be obtained in whole
or in part from a private enterprise.
(6) "Local entity" means:
(a) a political subdivision of the state, including a:
(i) county;
(ii) city;
(iii) town;
(iv) local school district;
(v) local district; or
(vi) special service district;
(b) an agency of an entity described in this Subsection (6), including a department,
office, division, authority, commission, or board; or
(c) an entity created by an interlocal cooperative agreement under Title 11, Chapter 13,
Interlocal Cooperation Act, between two or more entities described in this Subsection (6).
(7) "Private enterprise" means a person that engages in an activity for profit.
(8) "Privatize" means that an activity engaged in by an agency is transferred so that a
private enterprise engages in the activity, including a transfer by:
(a) contract;
(b) transfer of property; or
(c) another arrangement.
(9) "Special district" means:
(a) a local district, as defined in Section 
17B-1-102
;
(b) a special service district, as defined in Section 
17D-1-102
; or
(c) a conservation district, as defined in Section 
17D-3-102
.
Section 98. Section 
63J-1-206
 is amended to read:
63J-1-206.
Appropriations governed by chapter -- Restrictions on expenditures --
Transfer of funds -- Exclusion.
(1) As used in this section, "work program" means a budget that contains revenues and
expenditures for specific purposes or functions within an item of appropriation.
(2) (a) Except as provided in Subsection (2)(b), (3)(e), or where expressly exempted in
the appropriating act:
(i) all money appropriated by the Legislature is appropriated upon the terms and
conditions set forth in this chapter; and
(ii) any department, agency, or institution that accepts money appropriated by the
Legislature does so subject to the requirements of this chapter.
(b) This section does not apply to:
(i) the Legislature and its committees; and
(ii) the Investigation Account of the Water Resources Construction Fund, which is
governed by Section 
73-10-8
.
(3) (a) Each appropriation item is to be expended subject to any schedule of programs
and any restriction attached to the appropriation item, as designated by the Legislature.
(b) Each schedule of programs or restriction attached to an appropriation item:
(i) is a restriction or limitation upon the expenditure of the respective appropriation
made;
(ii) does not itself appropriate any money; and
(iii) is not itself an item of appropriation.
(c) (i) Except as provided in Subsection (3)(c)(ii), an appropriation or any surplus of
any appropriation may not be diverted from any department, agency, institution, or division to
any other department, agency, institution, or division.
(ii) Until July 1, 2019, the Department of Workforce Services may transfer or divert
money to another department, agency, institution, or division only for the purposes of law
enforcement, adjudication, corrections, and providing and addressing services for homeless
individuals and families.
(d) The money appropriated subject to a schedule or programs or restriction may be
used only for the purposes authorized.
(e) In order for a department, agency, or institution to transfer money appropriated to it
from one program to another program within an item of appropriation, the following procedure
shall be followed:
(i) The department, agency, or institution seeking to make the transfer shall prepare:
(A) a new work program for the fiscal year involved that consists of the currently
approved work program and the transfer sought to be made; and
(B) a written justification for the new work program that sets forth the purpose and
necessity for the transfer.
(ii) The Division of Finance shall process the new work program with written
justification and make this information available to the Governor's Office of Management and
Budget and the legislative fiscal analyst.
(f) (i) Except as provided in Subsection (3)(f)(ii), money may not be transferred from
one item of appropriation to any other item of appropriation.
(ii) The state superintendent may transfer money appropriated for the Minimum School
Program between line items of appropriation in accordance with Section [
53A-17a-105
]
53F-2-205
.
(g) (i) The procedures for transferring money between programs within an item of
appropriation as provided by Subsection (3)(e) do not apply to money appropriated to the State
Board of Education for the Minimum School Program or capital outlay programs created in
[
Title 53A, Chapter 21, Public Education Capital Outlay Act
] 
Title 53F, Chapter 3, State
Funding -- Capital Outlay Programs
.
(ii) The state superintendent may transfer money appropriated for the programs
specified in Subsection (3)(g)(i) only as provided by Section [
53A-17a-105
] 
53F-2-205
.
Section 99. Section 
63J-1-220
 is amended to read:
63J-1-220.
Reporting related to pass through money distributed by state
agencies.
(1) As used in this section:
(a) "Local government entity" means a county, municipality, school district, local
district under Title 17B, Limited Purpose Local Government Entities - Local Districts, special
service district under Title 17D, Chapter 1, Special Service District Act, or any other political
subdivision of the state.
(b) (i) "Pass through funding" means money appropriated by the Legislature to a state
agency that is intended to be passed through the state agency to one or more:
(A) local government entities;
(B) private organizations, including not-for-profit organizations; or
(C) persons in the form of a loan or grant.
(ii) "Pass through funding" may be:
(A) general funds, dedicated credits, or any combination of state funding sources; and
(B) ongoing or one-time.
(c) "Recipient entity" means a local government entity or private entity, including a
nonprofit entity, that receives money by way of pass through funding from a state agency.
(d) "State agency" means a department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
unit, bureau, panel, or other administrative unit of the executive branch of the state.
(e) (i) "State money" means money that is owned, held, or administered by a state
agency and derived from state fees or tax revenues.
(ii) "State money" does not include contributions or donations received by a state
agency.
(2) A state agency may not provide a recipient entity state money through pass through
funding unless:
(a) the state agency enters into a written agreement with the recipient entity; and
(b) the written agreement described in Subsection (2)(a) requires the recipient entity to
provide the state agency:
(i) a written description and an itemized report at least annually detailing the
expenditure of the state money, or the intended expenditure of any state money that has not
been spent; and
(ii) a final written itemized report when all the state money is spent.
(3) A state agency shall provide to the Governor's Office of Management and Budget a
copy of a written description or itemized report received by the state agency under Subsection
(2).
(4) Notwithstanding Subsection (2), a state agency is not required to comply with this
section to the extent that the pass through funding is issued:
(a) under a competitive award process;
(b) in accordance with a formula enacted in statute;
(c) in accordance with a state program under parameters in statute or rule that guides
the distribution of the pass through funding; or
(d) under the authority of the minimum school program, as defined in Subsection
[
53A-17a-103
] 
53F-2-102
(7)(e).
Section 100. Section 
63J-1-602.3
 is amended to read:
63J-1-602.3.
List of nonlapsing funds and accounts -- Title 46 through Title 60.
(1) The Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
.
(2) Funding for the Search and Rescue Financial Assistance Program, as provided in
Section 
53-2a-1102
.
(3) Appropriations made to the Division of Emergency Management from the State
Disaster Recovery Restricted Account, as provided in Section 
53-2a-603
.
(4) Appropriations made to the Department of Public Safety from the Department of
Public Safety Restricted Account, as provided in Section 
53-3-106
.
(5) Appropriations to the Motorcycle Rider Education Program, as provided in Section
53-3-905
.
(6) Appropriations from the Utah Highway Patrol Aero Bureau Restricted Account
created in Section 
53-8-303
.
(7) Appropriations from the DNA Specimen Restricted Account created in Section
53-10-407
.
(8) The Canine Body Armor Restricted Account created in Section 
53-16-201
.
(9) The School Readiness Restricted Account created in Section [
53A-1b-104
]
53F-9-402
.
(10) Appropriations to the State Board of Education, as provided in Section
[
53A-17a-105
] 
53F-2-205
.
(11) Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section 
35A-13-202
.
(12) Certain funds appropriated from the General Fund to the State Board of Regents
for teacher preparation programs, as provided in Section 
53B-6-104
.
(13) Funding for the Medical Education Program administered by the Medical
Education Council, as provided in Section 
53B-24-202
.
(14) A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(15) Subject to Subsection 
54-5-1.5
(4)(d), appropriations from the Public Utility
Regulatory Restricted Account created in Section 
54-5-1.5
. 
(16) Certain fines collected by the Division of Occupational and Professional Licensing
for violation of unlawful or unprofessional conduct that are used for education and enforcement
purposes, as provided in Section 
58-17b-505
.
(17) Certain fines collected by the Division of Occupational and Professional Licensing
for use in education and enforcement of the Security Personnel Licensing Act, as provided in
Section 
58-63-103
.
(18) Appropriations from the Relative Value Study Restricted Account created in
Section 
59-9-105
.
(19) The Cigarette Tax Restricted Account created in Section 
59-14-204
.
Section 101. Section 
63J-3-102
 is amended to read:
63J-3-102.
Purpose of chapter -- Limitations on state mandated property tax,
state appropriations, and state debt.
(1) (a) It is the purpose of this chapter to:
(i) place a limitation on the state mandated property tax rate under [
Title 53A, Chapter
17a, Minimum School Program Act
] 
Title 53F, Chapter 2, State Funding -- Minimum School
Program
;
(ii) place limitations on state government appropriations based upon the combined
changes in population and inflation; and
(iii) place a limitation on the state's outstanding general obligation debt.
(b) The limitations imposed by this chapter are in addition to limitations on tax levies,
rates, and revenues otherwise provided for by law.
(2) (a) This chapter may not be construed as requiring the state to collect the full
amount of tax revenues permitted to be appropriated by this chapter.
(b) This chapter's purpose is to provide a ceiling, not a floor, limitation on the
appropriations of state government.
(3) The recommendations and budget analysis prepared by the Governor's Office of
Management and Budget and the Office of the Legislative Fiscal Analyst, as required by Title
36, Chapter 12, Legislative Organization, shall be in strict compliance with the limitations
imposed under this chapter.
Section 102. Section 
63J-3-401
 is amended to read:
63J-3-401.
State mandated property tax limitation -- Vote requirement needed to
exceed limitation.
The state mandated property tax rate in [
Title 53A, Chapter 17a, Minimum School
Program Act
] 
Title 53F, Chapter 2, State Funding -- Minimum School Program
, as of July 1,
1989, may not be increased without more than a two-thirds vote of both houses of the
Legislature.
Section 103. Section 
63J-7-102
 is amended to read:
63J-7-102.
Scope and applicability of chapter.
(1) Except as provided in Subsection (2), and except as otherwise provided by a statute
superseding provisions of this chapter by explicit reference to this chapter, the provisions of
this chapter apply to each agency and govern each grant received on or after May 5, 2008.
(2) This chapter does not govern:
(a) a grant deposited into a General Fund restricted account;
(b) a grant deposited into a Trust and Agency Fund as defined in Section 
51-5-4
;
(c) a grant deposited into an Enterprise Fund as defined in Section 
51-5-4
;
(d) a grant made to the state without a restriction or other designated purpose that is
deposited into the General Fund as free revenue;
(e) a grant made to the state that is restricted only to "education" and that is deposited
into the Education Fund or Uniform School Fund as free revenue;
(f) in-kind donations;
(g) a tax, fees, penalty, fine, surcharge, money judgment, or other money due the state
when required by state law or application of state law;
(h) a contribution made under Title 59, Chapter 10, Part 13, Individual Income Tax
Contribution Act;
(i) a grant received by an agency from another agency or political subdivision;
(j) a grant to the Utah Dairy Commission created in Section 
4-22-103
;
(k) a grant to the Heber Valley Historic Railroad Authority created in Section
63H-4-102
;
(l) a grant to the Utah State Railroad Museum Authority created in Section 
63H-5-102
;
(m) a grant to the Utah Housing Corporation created in Section 
63H-8-201
;
(n) a grant to the Utah State Fair Corporation created in Section 
63H-6-103
;
(o) a grant to the Utah State Retirement Office created in Section 
49-11-201
;
(p) a grant to the School and Institutional Trust Lands Administration created in
Section 
53C-1-201
;
(q) a grant to the Utah Communications Authority created in Section 
63H-7a-201
;
(r) a grant to the Medical Education Program created in Section 
53B-24-202
;
(s) a grant to the Utah Capital Investment Corporation created in Section 
63N-6-301
;
(t) a grant to the Utah Charter School Finance Authority created in Section
[
53A-20b-103
] 
53G-5-602
;
(u) a grant to the State Building Ownership Authority created in Section 
63B-1-304
; or
(v) a grant to the Military Installation Development Authority created in Section
63H-1-201
.
(3) An agency need not seek legislative review or approval of grants under Part 2,
Grant Approval Requirements, if:
(a) the governor has declared a state of emergency; and
(b) the grant is donated to the agency to assist victims of the state of emergency under
Subsection 
53-2a-204
(1).
Section 104. Section 
63N-3-110
 is amended to read:
63N-3-110.
Selection of educational technology provider to implement
whole-school one-to-one mobile device technology deployment plan for schools.
The board shall select an educational technology provider to develop and implement a
whole-school one-to-one mobile device technology deployment plan for schools in accordance
with the requirements of this part and Section [
53A-1-709
] 
53F-6-202
.
Section 105. Section 
63N-12-202
 is amended to read:
63N-12-202.
Definitions.
As used in this part:
(1) "Board" means the STEM Action Center Board created in Section 
63N-12-203
.
(2) "Computing partnerships" means a set of skills, knowledge, and aptitudes used in
computer science, information technology, or computer engineering courses and career options.
(3) "Director" means the director appointed by the board to oversee the administration
of the STEM Action Center.
(4) "Educator" means the same as that term is defined in Section [
53A-6-103
]
53E-6-102
.
(5) "Foundation" means a foundation established as described in Subsections
63N-12-204
(3) and (4).
(6) "Fund" means the STEM Action Center Foundation Fund created in Section
63N-12-204.5
.
(7) "Grant program" means the Computing Partnerships Grants program created in this
part.
(8) "High quality professional development" means professional development that
meets high quality standards developed by the State Board of Education.
(9) "Institution of higher education" means an institution listed in Section 
53B-1-102
.
(10) "K-16" means kindergarten through grade 12 and post-secondary education
programs.
(11) "Office" means the Governor's Office of Economic Development.
(12) "Provider" means a provider selected on behalf of the board by the staff of the
board and the staff of the State Board of Education:
(a) through a request for proposals process; or
(b) through a direct award or sole source procurement process for a pilot described in
Section 
63N-12-206
.
(13) "Review committee" means the committee established under Section 
63N-12-214
.
(14) "Stacked credentials" means credentials that:
(a) an individual can build upon to access an advanced job or higher wage;
(b) are part of a career pathway system;
(c) provide a pathway culminating in the equivalent of an associate's or bachelor's
degree;
(d) facilitate multiple exit and entry points; and
(e) recognize sub-goals or momentum points.
(15) "STEM" means science, technology, engineering, and mathematics.
(16) "STEM Action Center" means the center described in Section 
63N-12-205
.
(17) "Talent Ready Utah" means a partnership between the Governor's Office of
Economic Development, the Governor's Education Advisor, the Department of Workforce
Services, the Utah State Board of Education, the Utah System of Higher Education,
representatives of post-secondary technical education, industry partners, and the Utah STEM
Action Center.
Section 106. Section 
63N-12-213
 is amended to read:
63N-12-213.
Computer science initiative for public schools.
(1) As used in this section:
(a) "Computational thinking" means the set of problem-solving skills and techniques
that software engineers use to write programs that underlie computer applications, including
decomposition, pattern recognition, pattern generalization, and algorithm design.
(b) "Computer coding" means the process of writing script for a computer program or
mobile device.
(c) "Educator" means the same as that term is defined in Section [
53A-6-103
]
53E-6-102
.
(d) "Endorsement" means a stipulation, authorized by the State Board of Education and
appended to a license, that specifies the areas of practice to which the license applies.
(e) (i) "Institution of higher education" means the same as that term is defined in
Section 
53B-3-102
.
(ii) "Institution of higher education" includes a technical college described in Section
53B-2a-105
.
(f) "Employer" means a private employer, public employer, industry association, union,
or the military.
(g) "License" means the same as that term is defined in Section [
53A-6-103
]
53E-6-102
.
(2) Subject to legislative appropriations, on behalf of the board, the staff of the board
and the staff of the State Board of Education shall collaborate to develop and implement a
computer science initiative for public schools by:
(a) creating an online repository that:
(i) is available for school districts and charter schools to use as a resource; and
(ii) includes high quality computer science instructional resources that are designed to
teach students in all grade levels:
(A) computational thinking skills; and
(B) computer coding skills;
(b) providing for professional development on teaching computer science by:
(i) including resources for educators related to teaching computational thinking and
computer coding in the STEM education high quality professional development application
described in Section 
63N-12-210
; and
(ii) providing statewide or regional professional development institutes; and
(c) awarding grants to a school district or charter school, on a competitive basis, that
may be used to provide incentives for an educator to earn a computer science endorsement.
(3) A school district or charter school may enter into an agreement with one or more of
the following entities to jointly apply for a grant under Subsection (2)(c):
(a) a school district;
(b) a charter school;
(c) an employer;
(d) an institution of higher education; or
(e) a non-profit organization.
(4) To apply for a grant described in Subsection (2)(c), a school district or charter
school shall submit a plan to the State Board of Education for the use of the grant, including a
statement of purpose that describes the methods the school district or charter school proposes
to use to incentivize an educator to earn a computer science endorsement.
(5) The board and the State Board of Education shall encourage schools to
independently pursue computer science and coding initiatives, subject to local school board or
charter school governing board approval, based on the unique needs of the school's students.
(6) The board shall include information on the status of the computer science initiative
in the annual report described in Section 
63N-12-208
.
Section 107. Section 
64-13-42
 is amended to read:
64-13-42.
Prison Telephone Surcharge Account -- Funding inmate and offender
education and training programs.
(1) (a) There is created within the General Fund a restricted account known as the
Prison Telephone Surcharge Account.
(b) The Prison Telephone Surcharge Account consists of:
(i) beginning July 1, 2006, revenue generated by the state from pay telephone services
located at any correctional facility as defined in Section 
64-13-1
;
(ii) interest on account money;
(iii) (A) money paid by inmates participating in postsecondary education provided by
the department; and
(B) money repaid by former inmates who have a written agreement with the
department to pay for a specified portion of the tuition costs under the department's deferred
tuition payment program;
(iv) money collected by the Office of State Debt Collection for debt described in
Subsection (1)(b)(iii); and
(v) money appropriated by the Legislature.
(2) Upon appropriation by the Legislature, money from the Prison Telephone
Surcharge Account shall be used by the department for education and training programs for
offenders and inmates as defined in Section 
64-13-1
.
[
(3) Funds appropriated from the Prison Telephone Surcharge Account may only be
used by the department for purposes under Subsections 
53A-1-403.5
(3)(a)(i) and (iv).
]
Section 108. Section 
67-1a-11
 is amended to read:
67-1a-11.
Commission on Civic and Character Education -- Duties and
responsibilities.
The commission shall:
(1) promote supportive coalitions and collaborative efforts to develop public
awareness, and training regarding the provisions of Section [
53A-13-109
] 
53G-10-204
 in
recognition that the cultivation of a continuing understanding and appreciation of
representative democracy in Utah and the United States among succeeding generations of
educated and responsible citizens is important to the nation and state; and
(2) provide leadership to the state's continuous focus on civic and character education
in the public schools and institutions of higher education and make recommendations to local
school boards and school administrators.
Section 109. Section 
67-8-3
 is amended to read:
67-8-3.
Compensation plan for appointive officers -- Exceptions -- Legislative
approval -- Career status attorneys.
(1) (a) The executive director of the Department of Human Resource Management,
based upon recommendations of the Executive and Judicial Compensation Commission shall,
before October 31 of each year, recommend to the governor a compensation plan for appointed
officers of the state except those officers whose compensation is set under Section 
49-11-203
,
[
53A-1-302
] 
53E-3-302
, 
53B-1-105
, or 
53C-1-301
.
(b) The plan shall include salaries and wages, paid leave, group insurance plans,
retirement programs, and any other benefits that may be offered to state officers.
(2) The governor shall include in each annual budget proposal to the Legislature
specific recommendations on compensation for those appointed state officers in Subsection (1).
(3) (a) After consultation with the attorney general, the executive director of the
Department of Human Resource Management shall place career status attorneys on a state
salary schedule at a range comparable with salaries paid attorneys in private and other public
employment.
(b) The attorney general and the executive director shall take into consideration the
experience of the attorney, length of service with the Office of the Attorney General, quality of
performance, and responsibility involved in legal assignments.
(c) The attorney general and the executive director shall periodically adjust the salary
levels for attorneys in a career status to reasonably compensate them for full-time employment
and the restrictions placed on the private practice of law.
Section 110. Section 
67-16-3
 is amended to read:
67-16-3.
Definitions.
As used in this chapter:
(1) "Agency" means:
(a) any department, division, agency, commission, board, council, committee,
authority, or any other institution of the state or any of its political subdivisions; or
(b) an association as defined in Section [
53A-16-101
] 
53G-7-1101
.
(2) "Agency head" means the chief executive or administrative officer of any agency.
(3) "Assist" means to act, or offer or agree to act, in such a way as to help, represent,
aid, advise, furnish information to, or otherwise provide assistance to a person or business
entity, believing that such action is of help, aid, advice, or assistance to such person or business
entity and with the intent to assist such person or business entity.
(4) "Business entity" means a sole proprietorship, partnership, association, joint
venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
a business.
(5) "Compensation" means anything of economic value, however designated, which is
paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone
other than the governmental employer for or in consideration of personal services, materials,
property, or any other thing whatsoever.
(6) "Controlled, private, or protected information" means information classified as
controlled, private, or protected in Title 63G, Chapter 2, Government Records Access and
Management Act, or other applicable provision of law.
(7) "Governmental action" means any action on the part of the state, a political
subdivision, or an agency, including:
(a) any decision, determination, finding, ruling, or order; and
(b) any grant, payment, award, license, contract, subcontract, transaction, decision,
sanction, or approval, or the denial thereof, or the failure to act in respect to.
(8) "Improper disclosure" means disclosure of controlled, private, or protected
information to any person who does not have the right to receive the information.
(9) "Legislative employee" means any officer or employee of the Legislature, or any
committee of the Legislature, who is appointed or employed to serve, either with or without
compensation, for an aggregate of less than 800 hours during any period of 365 days. 
"Legislative employee" does not include legislators.
(10) "Legislator" means a member or member-elect of either house of the Legislature
of the state of Utah.
(11) "Political subdivision" means a district, school district, or any other political
subdivision of the state that is not an agency, but does not include a municipality or a county.
(12) (a) "Public employee" means a person who is not a public officer who is employed
on a full-time, part-time, or contract basis by:
(i) the state;
(ii) a political subdivision of the state; or
(iii) an association as defined in Section [
53A-1-1601
] 
53G-7-1101
.
(b) "Public employee" does not include legislators or legislative employees.
(13) (a) "Public officer" means an elected or appointed officer:
(i) (A) of the state;
(B) of a political subdivision of the state; or
(C) an association as defined in Section [
53A-1-1601
] 
53G-7-1101
; and
(ii) who occupies a policymaking post.
(b) "Public officer" does not include legislators or legislative employees.
(14) "State" means the state of Utah.
(15) "Substantial interest" means the ownership, either legally or equitably, by an
individual, the individual's spouse, or the individual's minor children, of at least 10% of the
outstanding capital stock of a corporation or a 10% interest in any other business entity.
Section 111. Section 
67-16-4
 is amended to read:
67-16-4.
Improperly disclosing or using private, controlled, or protected
information -- Using position to secure privileges or exemptions -- Accepting employment
that would impair independence of judgment or ethical performance -- Exception.
(1) Except as provided in Subsection (3), it is an offense for a public officer, public
employee, or legislator to:
(a) accept employment or engage in any business or professional activity that he might
reasonably expect would require or induce him to improperly disclose controlled information
that he has gained by reason of his official position;
(b) disclose or improperly use controlled, private, or protected information acquired by
reason of his official position or in the course of official duties in order to further substantially
the officer's or employee's personal economic interest or to secure special privileges or
exemptions for himself or others;
(c) use or attempt to use his official position to:
(i) further substantially the officer's or employee's personal economic interest; or
(ii) secure special privileges or exemptions for himself or others;
(d) accept other employment that he might expect would impair his independence of
judgment in the performance of his public duties; or
(e) accept other employment that he might expect would interfere with the ethical
performance of his public duties.
(2) (a) Subsection (1) does not apply to the provision of education-related services to
public school students by public education employees acting outside their regular employment.
(b) The conduct referred to in Subsection (2)(a) is subject to Section [
53A-1-402.5
]
53E-3-512
.
(3) This section does not apply to a public officer, public employee, or legislator who
engages in conduct that constitutes a violation of this section to the extent that the public
officer, public employee, or legislator is chargeable, for the same conduct, under Section
63G-6a-2404
 or Section 
76-8-105
.
Section 112. Section 
67-19-15
 is amended to read:
67-19-15.
Career service -- Exempt positions -- Schedules for civil service
positions -- Coverage of career service provisions.
(1) Except as otherwise provided by law or by rules and regulations established for
federally aided programs, the following positions are exempt from the career service provisions
of this chapter and are designated under the following schedules:
(a) schedule AA includes the governor, members of the Legislature, and all other
elected state officers;
(b) schedule AB includes appointed executives and board or commission executives
enumerated in Section 
67-22-2
;
(c) schedule AC includes all employees and officers in:
(i) the office and at the residence of the governor;
(ii) the Utah Science Technology and Research Initiative (USTAR);
(iii) the Public Lands Policy Coordinating Council;
(iv) the Office of the State Auditor; and
(v) the Office of the State Treasurer;
(d) schedule AD includes employees who:
(i) are in a confidential relationship to an agency head or commissioner; and
(ii) report directly to, and are supervised by, a department head, commissioner, or
deputy director of an agency or its equivalent;
(e) schedule AE includes each employee of the State Board of Education that the State
Board of Education designates as exempt from the career service provisions of this chapter;
(f) schedule AG includes employees in the Office of the Attorney General who are
under their own career service pay plan under Sections 
67-5-7
 through 
67-5-13
;
(g) schedule AH includes:
(i) teaching staff of all state institutions; and
(ii) employees of the Utah Schools for the Deaf and the Blind who are:
(A) educational interpreters as classified by the department; or
(B) educators as defined by Section [
53A-25b-102
] 
53E-8-102
;
(h) schedule AN includes employees of the Legislature;
(i) schedule AO includes employees of the judiciary;
(j) schedule AP includes all judges in the judiciary;
(k) schedule AQ includes:
(i) members of state and local boards and councils appointed by the governor and
governing bodies of agencies;
(ii) a water commissioner appointed under Section 
73-5-1
;
(iii) other local officials serving in an ex officio capacity; and
(iv) officers, faculty, and other employees of state universities and other state
institutions of higher education;
(l) schedule AR includes employees in positions that involve responsibility:
(i) for determining policy;
(ii) for determining the way in which a policy is carried out; or
(iii) of a type not appropriate for career service, as determined by the agency head with
the concurrence of the executive director;
(m) schedule AS includes any other employee:
(i) whose appointment is required by statute to be career service exempt;
(ii) whose agency is not subject to this chapter; or
(iii) whose agency has authority to make rules regarding the performance,
compensation, and bonuses for its employees;
(n) schedule AT includes employees of the Department of Technology Services,
designated as executive/professional positions by the executive director of the Department of
Technology Services with the concurrence of the executive director;
(o) schedule AU includes patients and inmates employed in state institutions;
(p) employees of the Department of Workforce Services, designated as schedule AW:
(i) who are temporary employees that are federally funded and are required to work
under federally qualified merit principles as certified by the director; or
(ii) for whom substantially all of their work is repetitive, measurable, or transaction
based, and who voluntarily apply for and are accepted by the Department of Workforce
Services to work in a pay for performance program designed by the Department of Workforce
Services with the concurrence of the executive director; and
(q) for employees in positions that are temporary, seasonal, time limited, funding
limited, or variable hour in nature, under schedule codes and parameters established by the
department by administrative rule.
(2) The civil service shall consist of two schedules as follows:
(a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
(ii) Removal from any appointive position under schedule A, unless otherwise
regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
(b) Schedule B is the competitive career service schedule, consisting of:
(i) all positions filled through competitive selection procedures as defined by the
executive director; or
(ii) positions filled through a department approved on-the-job examination intended to
appoint a qualified person with a disability, or a veteran in accordance with Title 71, Chapter
10, Veteran's Preference.
(3) (a) The executive director, after consultation with the heads of concerned executive
branch departments and agencies and with the approval of the governor, shall allocate positions
to the appropriate schedules under this section.
(b) Agency heads shall make requests and obtain approval from the executive director
before changing the schedule assignment and tenure rights of any position.
(c) Unless the executive director's decision is reversed by the governor, when the
executive director denies an agency's request, the executive director's decision is final.
(4) (a) Compensation for employees of the Legislature shall be established by the
directors of the legislative offices in accordance with Section 
36-12-7
.
(b) Compensation for employees of the judiciary shall be established by the state court
administrator in accordance with Section 
78A-2-107
.
(c) Compensation for officers, faculty, and other employees of state universities and
institutions of higher education shall be established as provided in Title 53B, Chapter 1,
Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
Higher Education.
(d) Unless otherwise provided by law, compensation for all other schedule A
employees shall be established by their appointing authorities, within ranges approved by, and
after consultation with the executive director of the Department of Human Resource
Management.
(5) An employee who is in a position designated schedule AC and who holds career
service status on June 30, 2010, shall retain the career service status if the employee:
(a) remains in the position that the employee is in on June 30, 2010; and
(b) does not elect to convert to career service exempt status in accordance with a rule
made by the department.
Section 113. Section 
75-5-201
 is amended to read:
75-5-201.
Status of guardian of minor -- General.
(1) (a) A person becomes a guardian of a minor by acceptance of a testamentary
appointment, through appointment by a local school board under Section [
53A-2-202
]
53G-6-303
, or upon appointment by the court.
(b) The guardianship status continues until terminated, without regard to the location
from time to time of the guardian and minor ward.
(2) (a) A document issued by other than a court of law which purports to award
guardianship to a person who is not a legal resident of the jurisdiction in which the
guardianship is awarded is not valid in the state of Utah until reviewed and approved by a Utah
court.
(b) The procedure for obtaining approval of a guardianship under Subsection (2)(a)
shall be identical to the procedure required under this part for obtaining a court appointment of
a guardian.
Section 114. Section 
76-5-415
 is amended to read:
76-5-415.
Educator's license subject to action for violation of this part.
Commission of any offense under this Title 76, Chapter 5, Part 4, Sexual Offenses, by
an educator as defined in Section [
53A-6-103
] 
53E-6-102
, is grounds under Section
[
53A-6-501
] 
53E-6-604
 for disciplinary action against the educator, including revocation of the
educator's license.
Section 115. Section 
76-10-105
 is amended to read:
76-10-105.
Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
(1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
misdemeanor and subject to:
(a) a minimum fine or penalty of $60; and
(b) participation in a court-approved tobacco education program, which may include a
participation fee.
(2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
to the jurisdiction of the juvenile court and subject to Section 
78A-6-602
, unless the violation
is committed on school property. If a violation under this section is adjudicated under Section
78A-6-117
, the minor may be subject to the following:
(a) a fine or penalty, in accordance with Section 
78A-6-117
; and
(b) participation in a court-approved tobacco education program, which may include a
participation fee.
(3) A compliance officer appointed by a board of education under Section [
53A-3-402
]
53G-4-402
 may not issue a citation for a violation of this section committed on school
property. A cited violation committed on school property shall be addressed in accordance with
Section [
53A-11-911
] 
53G-8-211
.
Section 116. Section 
77-37-4
 is amended to read:
77-37-4.
Additional rights -- Children.
In addition to all rights afforded to victims and witnesses under this chapter, child
victims and witnesses shall be afforded these rights:
(1) Children have the right to protection from physical and emotional abuse during
their involvement with the criminal justice process.
(2) Children are not responsible for inappropriate behavior adults commit against them
and have the right not to be questioned, in any manner, nor to have allegations made, implying
this responsibility. Those who interview children have the responsibility to consider the
interests of the child in this regard.
(3) Child victims and witnesses have the right to have interviews relating to a criminal
prosecution kept to a minimum. All agencies shall coordinate interviews and ensure that they
are conducted by persons sensitive to the needs of children.
(4) Child victims have the right to be informed of available community resources that
might assist them and how to gain access to those resources. Law enforcement and prosecutors
have the duty to ensure that child victims are informed of community resources, including
counseling prior to the court proceeding, and have those services available throughout the
criminal justice process.
(5) (a) Child victims have the right, once an investigation has been initiated by law
enforcement or the Division of Child and Family Services, to keep confidential their interviews
that are conducted at a Children's Justice Center, including video and audio recordings, and
transcripts of those recordings. Except as provided in Subsection (6), recordings and
transcripts of interviews may not be distributed, released, or displayed to anyone without a
court order.
(b) A court order described in Subsection (5)(a):
(i) shall describe with particularity to whom the recording or transcript of the interview
may be released and prohibit further distribution or viewing by anyone not named in the order;
and
(ii) may impose restrictions on access to the materials considered reasonable to protect
the privacy of the child victim.
(c) A parent or guardian of the child victim may petition a juvenile or district court for
an order allowing the parent or guardian to view a recording or transcript upon a finding of
good cause. The order shall designate the agency that is required to display the recording or
transcript to the parent or guardian and shall prohibit viewing by anyone not named in the
order.
(d) Following the conclusion of any legal proceedings in which the recordings or
transcripts are used, the court shall order the recordings and transcripts in the court's file sealed
and preserved.
(6) (a) The following offices and their designated employees may distribute and receive
a recording or transcript to and from one another without a court order:
(i) the Division of Child and Family Services;
(ii) administrative law judges employed by the Department of Human Services;
(iii) Department of Human Services investigators investigating the Division of Child
and Family Services or investigators authorized to investigate under Section 
62A-4a-202.6
;
(iv) an office of the city attorney, county attorney, district attorney, or attorney general;
(v) a law enforcement agency;
(vi) a Children's Justice Center established under Section 
67-5b-102
; or
(vii) the attorney for the child who is the subject of the interview.
(b) In a criminal case or in a juvenile court in which the state is a party:
(i) the parties may display and enter into evidence a recording or transcript in the
course of a prosecution;
(ii) the state's attorney may distribute a recording or transcript to the attorney for the
defendant, pro se defendant, respondent, or pro se respondent pursuant to a valid request for
discovery;
(iii) the attorney for the defendant or respondent may do one or both of the following:
(A) release the recording or transcript to an expert retained by the attorney for the
defendant or respondent if the expert agrees in writing that the expert will not distribute,
release, or display the recording or transcript to anyone without prior authorization from the
court; or
(B) permit the defendant or respondent to view the recording or transcript, but may not
distribute or release the recording or transcript to the defendant or respondent; and
(iv) the court shall advise a pro se defendant or respondent that a recording or
transcript received as part of discovery is confidential and may not be distributed, released, or
displayed without prior authorization from the court.
(c) A court's failure to advise a pro se defendant or respondent that a recording or
transcript received as part of discovery is confidential and may not be used as a defense to
prosecution for a violation of the disclosure rule.
(d) In an administrative case, pursuant to a written request, the Division of Child and
Family Services may display, but may not distribute or release, a recording or transcript to the
respondent or to the respondent's designated representative.
(e) (i) Within two business days of a request from a parent or guardian of a child
victim, an investigative agency shall allow the parent or guardian to view a recording after the
conclusion of an interview, unless:
(A) the suspect is a parent or guardian of the child victim;
(B) the suspect resides in the home with the child victim; or
(C) the investigative agency determines that allowing the parent or guardian to view
the recording would likely compromise or impede the investigation.
(ii) If the investigative agency determines that allowing the parent or guardian to view
the recording would likely compromise or impede the investigation, the parent or guardian may
petition a juvenile or district court for an expedited hearing on whether there is good cause for
the court to enter an order allowing the parent or guardian to view the recording in accordance
with Subsection (5)(c).
(iii) A Children's Justice Center shall coordinate the viewing of the recording described
in this Subsection (6)(e).
(f) A multidisciplinary team assembled by a Children's Justice Center or an
interdisciplinary team assembled by the Division of Child and Family Services may view a
recording or transcript, but may not receive a recording or transcript.
(g) A Children's Justice Center:
(i) may distribute or display a recording or transcript to an authorized trainer or
evaluator for purposes of training or evaluation; and
(ii) may display, but may not distribute, a recording or transcript to an authorized
trainee.
(h) An authorized trainer or instructor may display a recording or transcript according
to the terms of the authorized trainer's or instructor's contract with the Children's Justice Center
or according to the authorized trainer's or instructor's scope of employment.
(i) (i) In an investigation under Section [
53A-6-306
] 
53E-6-506
, in which a child
victim who is the subject of the recording or transcript has alleged criminal conduct against an
educator, a law enforcement agency may distribute or release the recording or transcript to an
investigator operating under State Board of Education authorization, upon the investigator's
written request.
(ii) If the respondent in a case investigated under Section [
53A-6-306
] 
53E-6-506
requests a hearing authorized under that section, the investigator operating under State Board
of Education authorization may display, release, or distribute the recording or transcript to the
prosecutor operating under State Board of Education authorization or to an expert retained by
an investigator.
(iii) Upon request for a hearing under Section [
53A-6-306
] 
53E-6-506
, a prosecutor
operating under State Board of Education authorization may display the recording or transcript
to a pro se respondent, to an attorney retained by the respondent, or to an expert retained by the
respondent.
(iv) The parties to a hearing authorized under Section [
53A-6-306
] 
53E-6-506
 may
display and enter into evidence a recording or transcript in the course of a prosecution.
(7) Except as otherwise provided in this section, it is a class B misdemeanor for any
individual to distribute, release, or display any recording or transcript of an interview of a child
victim conducted at a Children's Justice Center.
Section 117. Section 
78A-6-103 (Effective 07/01/18)
 is amended to read:
78A-6-103 (Effective 07/01/18).
Jurisdiction of juvenile court -- Original --
Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings concerning:
(a) a child who has violated any federal, state, or local law or municipal ordinance or a
person younger than 21 years of age who has violated any law or ordinance before becoming
18 years of age, regardless of where the violation occurred, excluding offenses:
(i) in Section [
53A-11-911
] 
53G-8-211
 until such time that the child is referred to the
courts under Section [
53A-11-911
] 
53G-8-211
; and
(ii) in Subsection 
78A-7-106
(2);
(b) a child who is an abused child, neglected child, or dependent child, as those terms
are defined in Section 
78A-6-105
;
(c) a protective order for a child pursuant to Title 78B, Chapter 7, Part 2, Child
Protective Orders, which the juvenile court may transfer to the district court if the juvenile
court has entered an ex parte protective order and finds that:
(i) the petitioner and the respondent are the natural parent, adoptive parent, or step
parent of the child who is the object of the petition;
(ii) the district court has a petition pending or an order related to custody or parent-time
entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
respondent are parties; and
(iii) the best interests of the child will be better served in the district court;
(d) appointment of a guardian of the person or other guardian of a minor who comes
within the court's jurisdiction under other provisions of this section;
(e) the emancipation of a minor in accordance with Part 8, Emancipation;
(f) the termination of the legal parent-child relationship in accordance with Part 5,
Termination of Parental Rights Act, including termination of residual parental rights and
duties;
(g) the treatment or commitment of a minor who has an intellectual disability;
(h) the judicial consent to the marriage of a child under age 16 upon a determination of
voluntariness or where otherwise required by law, employment, or enlistment of a child when
consent is required by law;
(i) any parent or parents of a child committed to a secure youth facility, to order, at the
discretion of the court and on the recommendation of a secure facility, the parent or parents of a
child committed to a secure facility for a custodial term, to undergo group rehabilitation
therapy under the direction of a secure facility therapist, who has supervision of that parent's or
parents' child, or any other therapist the court may direct, for a period directed by the court as
recommended by a secure facility;
(j) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
(k) subject to Subsection (8), the treatment or commitment of a child with a mental
illness;
(l) the commitment of a child to a secure drug or alcohol facility in accordance with
Section 
62A-15-301
;
(m) a minor found not competent to proceed pursuant to Section 
78A-6-1301
;
(n) de novo review of final agency actions resulting from an informal adjudicative
proceeding as provided in Section 
63G-4-402
; and
(o) adoptions conducted in accordance with the procedures described in Title 78B,
Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an order
terminating the rights of a parent and finds that adoption is in the best interest of the child.
(2) (a) Notwithstanding Section 
78A-7-106
 and Subsection 
78A-5-102
(9), the juvenile
court has exclusive jurisdiction over the following offenses committed by a child:
(i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
(ii) Section 
73-18-12
, reckless operation; and
(iii) class B and C misdemeanors, infractions, or violations of ordinances that are part
of a single criminal episode filed in a petition that contains an offense over which the court has
jurisdiction.
(b) A juvenile court may only order substance use disorder treatment or an educational
series if the minor has an assessed need for the intervention on the basis of the results of a
validated assessment.
(3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
referred to it by the Division of Child and Family Services or by public or private agencies that
contract with the division to provide services to that child when, despite earnest and persistent
efforts by the division or agency, the child has demonstrated that the child:
(a) is beyond the control of the child's parent, guardian, or lawful custodian to the
extent that the child's behavior or condition endangers the child's own welfare or the welfare of
others; or
(b) has run away from home.
(4) This section does not restrict the right of access to the juvenile court by private
agencies or other persons.
(5) The juvenile court has jurisdiction of all magistrate functions relative to cases
arising under Section 
78A-6-702
.
(6) The juvenile court has jurisdiction to make a finding of substantiated,
unsubstantiated, or without merit, in accordance with Section 
78A-6-323
.
(7) The juvenile court has jurisdiction of matters transferred to it by another trial court
pursuant to Subsection 
78A-7-106
(5) and subject to Section [
53A-11-911
] 
53G-8-211
.
(8) The court may commit a child to the physical custody of a local mental health
authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
Hospital.
Section 118. Section 
78A-6-105
 is amended to read:
78A-6-105.
Definitions.
As used in this chapter:
(1) (a) "Abuse" means:
(i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii) that a child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) "Abuse" does not include:
(i) reasonable discipline or management of a child, including withholding privileges;
(ii) conduct described in Section 
76-2-401
; or
(iii) the use of reasonable and necessary physical restraint or force on a child:
(A) in self-defense;
(B) in defense of others;
(C) to protect the child; or
(D) to remove a weapon in the possession of a child for any of the reasons described in
Subsections (1)(b)(iii)(A) through (C).
(2) "Abused child" means a child who has been subjected to abuse.
(3) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
alleged in the petition have been proved. A finding of not competent to proceed pursuant to
Section 
78A-6-1302
 is not an adjudication.
(4) "Adult" means a person 18 years of age or over, except that a person 18 years or
over under the continuing jurisdiction of the juvenile court pursuant to Section 
78A-6-120
 shall
be referred to as a minor.
(5) "Board" means the Board of Juvenile Court Judges.
(6) "Child" means a person under 18 years of age.
(7) "Child placement agency" means:
(a) a private agency licensed to receive a child for placement or adoption under this
code; or
(b) a private agency that receives a child for placement or adoption in another state,
which agency is licensed or approved where such license or approval is required by law.
(8) "Clandestine laboratory operation" means the same as that term is defined in
Section 
58-37d-3
.
(9) "Commit" means, unless specified otherwise:
(a) with respect to a child, to transfer legal custody; and
(b) with respect to a minor who is at least 18 years of age, to transfer custody.
(10) "Court" means the juvenile court.
(11) "Criminogenic risk factors" means evidence-based factors that are associated with
a minor's likelihood of reoffending.
(12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
committed by an adult.
(13) "Dependent child" includes a child who is homeless or without proper care
through no fault of the child's parent, guardian, or custodian.
(14) "Deprivation of custody" means transfer of legal custody by the court from a
parent or the parents or a previous legal custodian to another person, agency, or institution.
(15) "Detention" means home detention and secure detention as defined in Section
62A-7-101
 for the temporary care of a minor who requires secure custody in a physically
restricting facility:
(a) pending court disposition or transfer to another jurisdiction; or
(b) while under the continuing jurisdiction of the court.
(16) "Detention risk assessment tool" means an evidence-based tool established under
Section 
78A-6-124
, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
court or reoffending pre-adjudication and designed to assist in making detention
determinations.
(17) "Division" means the Division of Child and Family Services.
(18) "Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective for a
specific population or has been rated as effective by a standardized program evaluation tool. 
(19) "Formal probation" means a minor is under field supervision by the probation
department or other agency designated by the court and subject to return to the court in
accordance with Section 
78A-6-123
 on and after July 1, 2018.
(20) "Formal referral" means a written report from a peace officer or other person
informing the court that a minor is or appears to be within the court's jurisdiction and that a
case must be reviewed.
(21) "Group rehabilitation therapy" means psychological and social counseling of one
or more persons in the group, depending upon the recommendation of the therapist.
(22) "Guardianship of the person" includes the authority to consent to:
(a) marriage;
(b) enlistment in the armed forces;
(c) major medical, surgical, or psychiatric treatment; or
(d) legal custody, if legal custody is not vested in another person, agency, or institution.
(23) "Habitual truant" means the same as that term is defined in Section [
53A-11-101
]
53G-6-201
.
(24) "Harm" means:
(a) physical or developmental injury or damage;
(b) emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c) sexual abuse; or
(d) sexual exploitation.
(25) (a) "Incest" means engaging in sexual intercourse with a person whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
nephew, niece, or first cousin.
(b) The relationships described in Subsection (25)(a) include:
(i) blood relationships of the whole or half blood, without regard to legitimacy;
(ii) relationships of parent and child by adoption; and
(iii) relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(26) "Intake probation" means a period of court monitoring that does not include field
supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
return to the court in accordance with Section 
78A-6-123
 on and after July 1, 2018.
(27) "Intellectual disability" means:
(a) significantly subaverage intellectual functioning, an IQ of approximately 70 or
below on an individually administered IQ test, for infants, a clinical judgment of significantly
subaverage intellectual functioning;
(b) concurrent deficits or impairments in present adaptive functioning, the person's
effectiveness in meeting the standards expected for the person's age by the person's cultural
group, in at least two of the following areas: communication, self-care, home living,
social/interpersonal skills, use of community resources, self-direction, functional academic
skills, work, leisure, health, and safety; and
(c) the onset is before the person reaches the age of 18 years.
(28) "Legal custody" means a relationship embodying the following rights and duties:
(a) the right to physical custody of the minor;
(b) the right and duty to protect, train, and discipline the minor;
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d) the right to determine where and with whom the minor shall live; and
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
(29) "Material loss" means an uninsured:
(a) property loss;
(b) out-of-pocket monetary loss;
(c) lost wages; or
(d) medical expenses.
(30) "Mental disorder" means a serious emotional and mental disturbance that severely
limits a minor's development and welfare over a significant period of time.
(31) "Minor" means:
(a) a child; or
(b) a person who is:
(i) at least 18 years of age and younger than 21 years of age; and
(ii) under the jurisdiction of the juvenile court.
(32) "Mobile crisis outreach team" means a crisis intervention service for minors or
families of minors experiencing behavioral health or psychiatric emergencies.
(33) "Molestation" means that a person, with the intent to arouse or gratify the sexual
desire of any person:
(a) touches the anus or any part of the genitals of a child;
(b) takes indecent liberties with a child; or
(c) causes a child to take indecent liberties with the perpetrator or another.
(34) "Natural parent" means a minor's biological or adoptive parent, and includes the
minor's noncustodial parent.
(35) (a) "Neglect" means action or inaction causing:
(i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
Relinquishment of a Newborn Child;
(ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
guardian, or custodian;
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence, education, or medical care, or any other care necessary for the child's health,
safety, morals, or well-being;
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused; or
(v) abandonment of a child through an unregulated custody transfer.
(b) The aspect of neglect relating to education, described in Subsection (35)(a)(iii),
means that, after receiving a notice of compulsory education violation under Section
[
53A-11-101.5
] 
53G-6-202
, the parent or guardian fails to make a good faith effort to ensure
that the child receives an appropriate education.
(c) A parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child, is not guilty of neglect.
(d) (i) Notwithstanding Subsection (35)(a), a health care decision made for a child by
the child's parent or guardian does not constitute neglect unless the state or other party to the
proceeding shows, by clear and convincing evidence, that the health care decision is not
reasonable and informed.
(ii) Nothing in Subsection (35)(d)(i) may prohibit a parent or guardian from exercising
the right to obtain a second health care opinion and from pursuing care and treatment pursuant
to the second health care opinion, as described in Section 
78A-6-301.5
.
(36) "Neglected child" means a child who has been subjected to neglect.
(37) "Nonjudicial adjustment" means closure of the case by the assigned probation
officer without judicial determination upon the consent in writing of:
(a) the assigned probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, legal guardian, or custodian.
(38) "Not competent to proceed" means that a minor, due to a mental disorder,
intellectual disability, or related condition as defined, lacks the ability to:
(a) understand the nature of the proceedings against them or of the potential disposition
for the offense charged; or
(b) consult with counsel and participate in the proceedings against them with a
reasonable degree of rational understanding.
(39) "Physical abuse" means abuse that results in physical injury or damage to a child.
(40) "Probation" means a legal status created by court order following an adjudication
on the ground of a violation of law or under Section 
78A-6-103
, whereby the minor is
permitted to remain in the minor's home under prescribed conditions.
(41) "Protective supervision" means a legal status created by court order following an
adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
remain in the minor's home, and supervision and assistance to correct the abuse, neglect, or
dependency is provided by the probation department or other agency designated by the court.
(42) "Related condition" means a condition closely related to intellectual disability in
accordance with 42 C.F.R. Part 435.1010 and further defined in Rule R539-1-3, Utah
Administrative Code.
(43) (a) "Residual parental rights and duties" means those rights and duties remaining
with the parent after legal custody or guardianship, or both, have been vested in another person
or agency, including:
(i) the responsibility for support;
(ii) the right to consent to adoption;
(iii) the right to determine the child's religious affiliation; and
(iv) the right to reasonable parent-time unless restricted by the court.
(b) If no guardian has been appointed, "residual parental rights and duties" also include
the right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
(44) "Secure facility" means any facility operated by or under contract with the
Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
youth offenders committed to the division for custody and rehabilitation pursuant to Subsection
78A-6-117
(2)(d).
(45) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
child.
(46) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(47) "Sexual abuse" means:
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(i) there is an indication of force or coercion;
(ii) the children are related, as described in Subsection (25);
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years of age or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children; or
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the person who engages in the conduct is actually charged
with, or convicted of, the offense:
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 
76-5-401
, if the
alleged perpetrator of an offense described in Section 
76-5-401
 is a minor;
(ii) child bigamy, Section 
76-7-101.5
;
(iii) incest, Section 
76-7-102
;
(iv) lewdness, Section 
76-9-702
;
(v) sexual battery, Section 
76-9-702.1
;
(vi) lewdness involving a child, Section 
76-9-702.5
; or
(vii) voyeurism, Section 
76-9-702.7
.
(48) "Sexual exploitation" means knowingly:
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
(i) pose in the nude for the purpose of sexual arousal of any person; or
(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
filming, recording, or displaying in any way the sexual or simulated sexual conduct;
(b) displaying, distributing, possessing for the purpose of distribution, or selling
material depicting a child:
(i) in the nude, for the purpose of sexual arousal of any person; or
(ii) engaging in sexual or simulated sexual conduct; or
(c) engaging in any conduct that would constitute an offense under Section 
76-5b-201
,
sexual exploitation of a minor, regardless of whether the person who engages in the conduct is
actually charged with, or convicted of, the offense.
(49) "Shelter" means the temporary care of a child in a physically unrestricted facility
pending court disposition or transfer to another jurisdiction.
(50) "Status offense" means a violation of the law that would not be a violation but for
the age of the offender.
(51) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
substances.
(52) "Substantiated" means the same as that term is defined in Section 
62A-4a-101
.
(53) "Supported" means the same as that term is defined in Section 
62A-4a-101
.
(54) "Termination of parental rights" means the permanent elimination of all parental
rights and duties, including residual parental rights and duties, by court order.
(55) "Therapist" means:
(a) a person employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in its custody; or
(b) any other person licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(56) "Unregulated custody transfer" means the placement of a child:
(a) with a person who is not the child's parent, step-parent, grandparent, adult sibling,
adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with whom
the child is familiar, or a member of the child's federally recognized tribe;
(b) with the intent of severing the child's existing parent-child or guardian-child
relationship; and
(c) without taking:
(i) reasonable steps to ensure the safety of the child and permanency of the placement;
and
(ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
guardianship to the person taking custody of the child.
(57) "Unsubstantiated" means the same as that term is defined in Section 
62A-4a-101
.
(58) "Validated risk and needs assessment" means an evidence-based tool that assesses
a minor's risk of reoffending and a minor's criminogenic needs.
(59) "Without merit" means the same as that term is defined in Section 
62A-4a-101
.
Section 119. Section 
78A-6-112 (Superseded 07/01/18)
 is amended to read:
78A-6-112 (Superseded 07/01/18).
Minor taken into custody by peace officer,
private citizen, or probation officer -- Grounds -- Notice requirements -- Release or
detention -- Grounds for peace officer to take adult into custody.
(1) A minor may be taken into custody by a peace officer without order of the court if:
(a) in the presence of the officer the minor has violated a state law, federal law, local
law, or municipal ordinance;
(b) there are reasonable grounds to believe the minor has committed an act which if
committed by an adult would be a felony;
(c) the minor:
(i) (A) is seriously endangered in the minor's surroundings; or
(B) seriously endangers others; and
(ii) immediate removal appears to be necessary for the minor's protection or the
protection of others;
(d) there are reasonable grounds to believe the minor has run away or escaped from the
minor's parents, guardian, or custodian; or
(e) there is reason to believe that the minor is:
(i) subject to the state's compulsory education law; and
(ii) absent from school without legitimate or valid excuse, subject to Section
[
53A-11-105
] 
53G-6-208
.
(2) (a) A private citizen or a probation officer may take a minor into custody if under
the circumstances he could make a citizen's arrest if the minor was an adult.
(b) A probation officer may also take a minor into custody under Subsection (1) or if
the minor has violated the conditions of probation, if the minor is under the continuing
jurisdiction of the juvenile court or in emergency situations in which a peace officer is not
immediately available.
(3) (a) (i) If an officer or other person takes a minor into temporary custody, he shall
without unnecessary delay notify the parents, guardian, or custodian.
(ii) The minor shall then be released to the care of the minor's parent or other
responsible adult, unless the minor's immediate welfare or the protection of the community
requires the minor's detention.
(b) If the minor is taken into custody or detention for a violent felony, as defined in
Section 
76-3-203.5
, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the
officer or other law enforcement agent taking the minor into custody shall, as soon as
practicable or as established under Subsection [
53A-11-1001
] 
53G-8-402
(2), notify the school
superintendent of the district in which the minor resides or attends school for the purposes of
the minor's supervision and student safety.
(i) The notice shall disclose only:
(A) the name of the minor;
(B) the offense for which the minor was taken into custody or detention; and
(C) if available, the name of the victim, if the victim:
(I) resides in the same school district as the minor; or
(II) attends the same school as the minor.
(ii) The notice shall be classified as a protected record under Section 
63G-2-305
.
(iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
Records Access and Management Act and the Federal Family Educational Rights and Privacy
Act.
(c) Employees of a governmental agency are immune from any criminal liability for
providing or failing to provide the information required by this section unless the person acts or
fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
(d) Before the minor is released, the parent or other person to whom the minor is
released shall be required to sign a written promise on forms supplied by the court to bring the
minor to the court at a time set or to be set by the court.
(4) (a) A child may not be held in temporary custody by law enforcement any longer
than is reasonably necessary to obtain the child's name, age, residence, and other necessary
information and to contact the child's parents, guardian, or custodian.
(b) If the minor is not released under Subsection (3), the minor shall be taken to a place
of detention or shelter without unnecessary delay.
(5) (a) The person who takes a minor to a detention or shelter facility shall promptly
file with the detention or shelter facility a written report on a form provided by the division
stating the details of the presently alleged offense, the facts which bring the minor within the
jurisdiction of the juvenile court, and the reason the minor was not released by law
enforcement.
(b) (i) The designated youth corrections facility staff person shall immediately review
the form and determine, based on the guidelines for detention admissions established by the
Division of Juvenile Justice Services under Section 
62A-7-202
, whether to admit the minor to
secure detention, admit the minor to home detention, place the minor in a placement other than
detention, or return the minor home upon written promise to bring the minor to the court at a
time set, or without restriction.
(ii) If the designated youth corrections facility staff person determines to admit the
minor to home detention, that staff person shall notify the juvenile court of that determination. 
The court shall order that notice be provided to the designated persons in the local law
enforcement agency and the school or transferee school, if applicable, which the minor attends
of the home detention. The designated persons may receive the information for purposes of the
minor's supervision and student safety.
(iii) Any employee of the local law enforcement agency and the school which the
minor attends who discloses the notification of home detention is not:
(A) civilly liable except when disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(B) civilly or criminally liable except when disclosure constitutes a knowing violation
of Section 
63G-2-801
.
(c) A minor may not be admitted to detention unless the minor is detainable based on
the guidelines or the minor has been brought to detention pursuant to a judicial order or
division warrant pursuant to Section 
62A-7-504
.
(d) If a minor taken to detention does not qualify for admission under the guidelines
established by the division under Section 
62A-7-104
, detention staff shall arrange appropriate
placement.
(e) If a minor is taken into custody and admitted to a secure detention or shelter
facility, facility staff shall:
(i) immediately notify the minor's parents, guardian, or custodian; and
(ii) promptly notify the court of the placement.
(f) If the minor is admitted to a secure detention or shelter facility outside the county of
the minor's residence and it is determined in the hearing held under Subsection 
78A-6-113
(3)
that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
the minor's residence to transport the minor to a detention or shelter facility as provided in this
section.
(6) A person may be taken into custody by a peace officer without a court order if the
person is in apparent violation of a protective order or if there is reason to believe that a child is
being abused by the person and any of the situations outlined in Section 
77-7-2
 exist.
Section 120. Section 
78A-6-112 (Effective 07/01/18)
 is amended to read:
78A-6-112 (Effective 07/01/18).
Minor taken into custody by peace officer, private
citizen, or probation officer -- Grounds -- Notice requirements -- Release or detention --
Grounds for peace officer to take adult into custody.
(1) A minor may be taken into custody by a peace officer without order of the court if:
(a) in the presence of the officer the minor has violated a state law, federal law, local
law, or municipal ordinance;
(b) there are reasonable grounds to believe the minor has committed an act which if
committed by an adult would be a felony;
(c) the minor:
(i) (A) is seriously endangered in the minor's surroundings; or
(B) seriously endangers others; and
(ii) immediate removal appears to be necessary for the minor's protection or the
protection of others;
(d) there are reasonable grounds to believe the minor has run away or escaped from the
minor's parents, guardian, or custodian; or
(e) there is reason to believe that the minor is:
(i) subject to the state's compulsory education law; and
(ii) absent from school without legitimate or valid excuse, subject to Section
[
53A-11-105
] 
53G-6-208
.
(2) (a) A private citizen or a probation officer may take a minor into custody if under
the circumstances the private citizen or probation officer could make a citizen's arrest if the
minor was an adult.
(b) A probation officer may also take a minor into custody under Subsection (1) or if
the minor has violated the conditions of probation, if the minor is under the continuing
jurisdiction of the juvenile court or in emergency situations in which a peace officer is not
immediately available.
(3) (a) (i) If an officer or other person takes a minor into temporary custody under
Subsection (1) or (2), the officer or person shall without unnecessary delay notify the parents,
guardian, or custodian.
(ii) The minor shall then be released to the care of the minor's parent or other
responsible adult, unless the minor's immediate welfare or the protection of the community
requires the minor's detention.
(b) If the minor is taken into custody under Subsection (1) or (2) or placed in detention
under Subsection (4) for a violent felony, as defined in Section 
76-3-203.5
, or an offense in
violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent
taking the minor into custody shall, as soon as practicable or as established under Subsection
[
53A-11-1001
] 
53G-8-402
(2), notify the school superintendent of the district in which the
minor resides or attends school for the purposes of the minor's supervision and student safety.
(i) The notice shall disclose only:
(A) the name of the minor;
(B) the offense for which the minor was taken into custody or detention; and
(C) if available, the name of the victim, if the victim:
(I) resides in the same school district as the minor; or
(II) attends the same school as the minor.
(ii) The notice shall be classified as a protected record under Section 
63G-2-305
.
(iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
Records Access and Management Act, and the federal Family Educational Rights and Privacy
Act.
(c) Employees of a governmental agency are immune from any criminal liability for
providing or failing to provide the information required by this section unless the person acts or
fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
(d) Before the minor is released, the parent or other person to whom the minor is
released shall be required to sign a written promise on forms supplied by the court to bring the
minor to the court at a time set or to be set by the court.
(4) (a) A child may not be held in temporary custody by law enforcement any longer
than is reasonably necessary to obtain the child's name, age, residence, and other necessary
information and to contact the child's parents, guardian, or custodian.
(b) If the minor is not released under Subsection (3), the minor shall be taken to a place
of detention or shelter without unnecessary delay.
(5) (a) The person who takes a minor to a detention or shelter facility shall promptly
file with the detention or shelter facility a written report on a form provided by the division
stating:
(i) the details of the presently alleged offense;
(ii) the facts that bring the minor within the jurisdiction of the juvenile court;
(iii) the reason the minor was not released by law enforcement; and
(iv) the eligibility of the minor under the division guidelines for detention admissions
established by the Division of Juvenile Justice Services under Section 
62A-7-202
 if the minor
is under consideration for detention.
(b) (i) The designated facility staff person shall immediately review the form and
determine, based on the guidelines for detention admissions established by the Division of
Juvenile Justice Services under Section 
62A-7-202
, the results of the detention risk assessment,
and the criteria for detention eligibility under Section 
78A-6-113
, whether to:
(A) admit the minor to secure detention;
(B) admit the minor to home detention;
(C) place the minor in another alternative to detention; or
(D) return the minor home upon written promise to bring the minor to the court at a
time set, or without restriction.
(ii) If the designated facility staff person determines to admit the minor to home
detention, that staff person shall notify the juvenile court of that determination. The court shall
order that notice be provided to the designated persons in the local law enforcement agency and
the school or transferee school, if applicable, which the minor attends of the home detention. 
The designated persons may receive the information for purposes of the minor's supervision
and student safety.
(iii) Any employee of the local law enforcement agency and the school which the
minor attends who discloses the notification of home detention is not:
(A) civilly liable except when disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(B) civilly or criminally liable except when disclosure constitutes a knowing violation
of Section 
63G-2-801
.
(iv) The person who takes a minor to a detention facility or the designated facility staff
person may release a minor to a less restrictive alternative even if the minor is eligible for
secure detention under this Subsection (5).
(c) A minor may not be admitted to detention unless the minor is detainable based on
the guidelines or the minor has been brought to detention pursuant to a judicial order or
division warrant pursuant to Section 
62A-7-504
.
(d) If a minor taken to detention does not qualify for admission under the guidelines
established by the division under Section 
62A-7-104
 or the eligibility criteria under Subsection
(4) and this Subsection (5), detention staff shall arrange an appropriate alternative.
(e) If a minor is taken into custody and admitted to a secure detention or shelter
facility, facility staff shall:
(i) immediately notify the minor's parents, guardian, or custodian; and
(ii) promptly notify the court of the placement.
(f) If the minor is admitted to a secure detention or shelter facility outside the county of
the minor's residence and it is determined in the hearing held under Subsection 
78A-6-113
(3)
that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
the minor's residence to transport the minor to a detention or shelter facility as provided in this
section.
(6) A person may be taken into custody by a peace officer without a court order if the
person is in apparent violation of a protective order or if there is reason to believe that a child is
being abused by the person and any of the situations outlined in Section 
77-7-2
 exist.
Section 121. Section 
78A-6-319
 is amended to read:
78A-6-319.
Educational neglect of a child -- Procedures -- Defenses.
(1) With regard to a child who is the subject of a petition under this chapter based on
educational neglect:
(a) if allegations include failure of a child to make adequate educational progress, the
court shall permit demonstration of the child's educational skills and abilities based upon any of
the criteria used in granting school credit, in accordance with Section [
53A-11-102.5
]
53G-6-702
;
(b) parental refusal to comply with actions taken by school authorities in violation of
[
Sections 
53A-13-101.1
] 
Section 
53G-10-202
, [
53A-13-101.2
] 
53G-10-205
, 
53G-10-403
, or
[
53A-13-101.3
] 
53G-10-203
, does not constitute educational neglect;
(c) parental refusal to support efforts by a school to encourage a child to act in
accordance with any educational objective that focuses on the adoption or expression of a
personal philosophy, attitude, or belief that is not reasonably necessary to maintain order and
discipline in the school, prevent unreasonable endangerment of persons or property, or to
maintain concepts of civility and propriety appropriate to a school setting, does not constitute
educational neglect; and
(d) an allegation of educational neglect may not be sustained, based solely on a child's
absence from school, unless the child has been absent from school or from any given class,
without good cause, for more than 10 consecutive school days or more than 1/16 of the
applicable school term.
(2) A child may not be considered to be educationally neglected, for purposes of this
chapter:
(a) unless there is clear and convincing evidence that:
(i) the child has failed to make adequate educational progress, and school officials have
complied with the requirements of Section [
53A-11-103
] 
53G-6-206
; and
(ii) the child is two or more years behind the local public school's age group
expectations in one or more basic skills, and is not receiving special educational services or
systematic remediation efforts designed to correct the problem;
(b) if the child's parent or guardian establishes by a preponderance of the evidence that:
(i) school authorities have failed to comply with the requirements of [
Title 53A,
Chapter 11, Students in Public Schools, or Chapter 13, Curriculum in the Public Schools
] 
Title
53G, Public Education System -- Local Administration
;
(ii) the child is being instructed at home in compliance with Section [
53A-11-102
]
53G-6-204
;
(iii) there is documentation that the child has demonstrated educational progress at a
level commensurate with the child's ability;
(iv) the parent, guardian, or other person in control of the child has made a good faith
effort to secure the child's regular attendance in school;
(v) good cause or a valid excuse exists for the child's absence from school;
(vi) the child is not required to attend school pursuant to court order or is exempt under
other applicable state or federal law;
(vii) the student has performed above the twenty-fifth percentile of the local public
school's age group expectations in all basic skills, as measured by a standardized academic
achievement test administered by the school district where the student resides; or
(viii) the parent or guardian has proffered a reasonable alternative to required school
curriculum, in accordance with Section [
53A-13-101.2
] 
53G-10-205
 or 53G-10-403
, that
alternative was rejected by the school district, but the parents have implemented the alternative
curriculum; or
(c) if the child is attending school on a regular basis.
Section 122. Section 
78A-6-602
 is amended to read:
78A-6-602.
Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
referral -- Citation -- Failure to appear.
(1) A proceeding in a minor's case is commenced by petition, except as provided in
Sections 
78A-6-701
, 
78A-6-702
, and 
78A-6-703
.
(2) (a) A peace officer or a public official of the state, a county, city, or town charged
with the enforcement of the laws of the state or local jurisdiction shall file a formal referral
with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken to a
detention facility, the formal referral shall be filed with the juvenile court within 72 hours,
excluding weekends and holidays. A formal referral under Section [
53A-11-911
] 
53G-8-211
may not be filed with the juvenile court on an offense unless the offense is subject to referral
under Section [
53A-11-911
] 
53G-8-211
.
(b) When the court is informed by a peace officer or other person that a minor is or
appears to be within the court's jurisdiction, the probation department shall make a preliminary
inquiry to determine whether the minor is eligible to enter into a written consent agreement
with the probation department and, if the minor is a child, the minor's parent, guardian, or
custodian for the nonjudicial adjustment of the case pursuant to this Subsection (2). The court's
probation department shall offer a nonjudicial adjustment if the minor:
(i) is referred with a misdemeanor, infraction, or status offense;
(ii) has fewer than three prior adjudications; and
(iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
(c) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a
validated risk and needs assessment and may request that the prosecutor review the referral
pursuant to Subsection (2)(g) to determine whether to dismiss the referral or file a petition
instead of offering a nonjudicial adjustment if: 
(A) the results of the assessment indicate the youth is high risk; or
(B) the results of the assessment indicate the youth is moderate risk and the referral is
for a class A misdemeanor violation under Title 76, Chapter 5, or Title 76, Chapter 9, Part 7,
Miscellaneous Provisions.
(ii) The court's probation department, may offer a nonjudicial adjustment to any other
minor who does not meet the criteria provided in Subsection (2)(b).
(iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
admission of guilt.
(iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to
pay a financial penalty under Subsection (2)(d).
(v) Efforts to effect a nonjudicial adjustment may not extend for a period of more than
90 days without leave of a judge of the court, who may extend the period for an additional 90
days.
(d) The nonjudicial adjustment of a case may include conditions agreed upon as part of
the nonjudicial closure:
(i) payment of a financial penalty of not more than $250 to the juvenile court subject to
the terms established under Subsection (2)(e);
(ii) payment of victim restitution;
(iii) satisfactory completion of compensatory service;
(iv) referral to an appropriate provider for counseling or treatment;
(v) attendance at substance use disorder programs or counseling programs;
(vi) compliance with specified restrictions on activities and associations; and
(vii) other reasonable actions that are in the interest of the child or minor and the
community.
(e) A fee, fine, or restitution included in a nonjudicial closure in accordance with
Subsection (2)(d) shall be based upon the ability of the minor's family to pay as determined by
a statewide sliding scale developed as provided in Section 
63M-7-208
 on and after July 1,
2018.
(f) If a minor fails to substantially comply with the conditions agreed upon as part of
the nonjudicial closure, or if a minor is not offered or declines a nonjudicial adjustment
pursuant to Subsection (2)(b) or (2)(c)(ii), the prosecutor shall review the case and take one of
the following actions:
(i) dismiss the case;
(ii) refer the case back to the probation department for a new attempt at nonjudicial
adjustment; or
(iii) in accordance with Subsections (2)(h), file a petition with the court.
(g) Notwithstanding Subsection (2)(f), a petition may only be filed upon reasonable
belief that:
(i) the charges are supported by probable cause;
(ii) admissible evidence will be sufficient to support conviction beyond a reasonable
doubt; and
(iii) the decision to charge is in the interests of justice.
(h) Failure to a pay a fine or fee may not serve as a basis for filing of a petition under
Subsection (2)(f)(iii) if the minor has substantially complied with the other conditions agreed
upon in accordance with Subsection (2)(d) or those imposed through any other court diversion
program.
(i) A violation of Section 
76-10-105
 that is subject to the jurisdiction of the juvenile
10000 court may include a fine or penalty and participation in a court-approved tobacco education
10001 program, which may include a participation fee.
10002 (j) If the prosecutor files a petition in court, the court may refer the case to the
10003 probation department for another offer of nonjudicial adjustment.
10004 (3) Except as provided in Sections 
78A-6-701
 and 
78A-6-702
, in the case of a minor
10005 14 years of age or older, the county attorney, district attorney, or attorney general may
10006 commence an action by filing a criminal information and a motion requesting the juvenile court
10007 to waive its jurisdiction and certify the minor to the district court.
10008 (4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
10009 misdemeanors, other infractions or misdemeanors as designated by general order of the Board
10010 of Juvenile Court Judges, and violations of Section 
76-10-105
 subject to the jurisdiction of the
10011 juvenile court, a petition is not required and the issuance of a citation as provided in Section
10012 
78A-6-603
 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry is
10013 required.
10014 (b) Any failure to comply with the time deadline on a formal referral may not be the
10015 basis of dismissing the formal referral.
10016 Section 123. Section 
78A-6-603
 is amended to read:
10017 
78A-6-603.
Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
10018 
appear.
10019 (1) As used in this section, "citation" means an abbreviated referral and is sufficient to
10020 invoke the jurisdiction of the court in lieu of a petition.
10021 (2) A citation shall be submitted to the court within five days of issuance.
10022 (3) A copy of the citation shall contain:
10023 (a) the name and address of the juvenile court before which the minor may be required
10024 to appear;
10025 (b) the name of the minor cited;
10026 (c) the statute or local ordinance that is alleged to have been violated;
10027 (d) a brief description of the offense charged;
10028 (e) the date, time, and location at which the offense is alleged to have occurred;
10029 (f) the date the citation was issued;
10030 (g) the name and badge or identification number of the peace officer or public official
10031 who issued the citation;
10032 (h) the name of the arresting person if an arrest was made by a private party and the
10033 citation was issued in lieu of taking the arrested minor into custody as provided in Section
10034 
78A-6-112
;
10035 (i) the date and time when the minor is to appear, or a statement that the minor and
10036 parent or legal guardian are to appear when notified by the juvenile court; and
10037 (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
10038 appear at the juvenile court as designated on the citation.
10039 (4) A copy of the citation shall contain space for the following information to be
10040 entered if known:
10041 (a) the minor's address;
10042 (b) the minor's date of birth;
10043 (c) the name and address of the child's custodial parent or legal guardian, if different
10044 from the child; and
10045 (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
10046 this information shall be removed from the documents the minor receives.
10047 (5) A citation received by the court beyond the time designated in Subsection (2) shall
10048 include a written explanation for the delay.
10049 (6) In accordance with Section [
53A-11-911
] 
53G-8-211
, the following offenses may
10050 be sent to the juvenile court as a citation:
10051 (a) violations of wildlife laws;
10052 (b) violations of boating laws;
10053 (c) violations of curfew laws;
10054 (d) any class B misdemeanor or less traffic violations where the person is under the age
10055 of 16;
10056 (e) any class B or class C misdemeanor or infraction;
10057 (f) any other infraction or misdemeanor as designated by general order of the Board of
10058 Juvenile Court Judges; and
10059 (g) violations of Section 
76-10-105
 subject to the jurisdiction of the juvenile court.
10060 (7) A minor offense defined under Section 
78A-6-1202
, alleged to have been
10061 committed by an enrolled child on school property or related to school attendance, may only be
10062 sent to the prosecutor or the juvenile court in accordance with Section [
53A-11-911
]
10063 
53G-8-211
.
10064 (8) A preliminary inquiry by the prosecutor, and if appropriate, the court, under Section
10065 
78A-6-117
 is required.
10066 (9) Subsection (5) may not apply to a runaway child.
10067 (10) (a) A minor receiving a citation described in this section shall appear at the
10068 juvenile court designated in the citation on the time and date specified in the citation or when
10069 notified by the juvenile court.
10070 (b) A citation may not require a minor to appear sooner than five days following its
10071 issuance.
10072 (11) A minor who receives a citation and willfully fails to appear before the juvenile
10073 court pursuant to a citation may be found in contempt of court. The court may proceed against
10074 the minor as provided in Section 
78A-6-1101
.
10075 (12) When a citation is issued under this section, bail may be posted and forfeited
10076 under Section 
78A-6-113
 with the consent of:
10077 (a) the court; and
10078 (b) if the minor is a child, the parent or legal guardian of the child cited.
10079 Section 124. Section 
78A-6-1001
 is amended to read:
10080 
78A-6-1001.
Jurisdiction over adults for offenses against minors -- Proof of
10081 
delinquency not required for conviction.
10082 (1) The court shall have jurisdiction, concurrent with the district court or justice court
10083 otherwise having subject matter jurisdiction, to try adults for the following offenses committed
10084 against minors:
10085 (a) unlawful sale or furnishing of an alcoholic product to minors in violation of Section
10086 
32B-4-403
;
10087 (b) failure to report abuse or neglect, as required by Title 62A, Chapter 4a, Part 4,
10088 Child Abuse or Neglect Reporting Requirements;
10089 (c) harboring a runaway in violation of Section 
62A-4a-501
;
10090 (d) misdemeanor custodial interference in violation of Section 
76-5-303
;
10091 (e) contributing to the delinquency of a minor in violation of Section 
76-10-2301
; and
10092 (f) failure to comply with compulsory education requirements in violation of Section
10093 [
53A-11-101.5
] 
53G-6-202
.
10094 (2) It is not necessary for the minor to be found to be delinquent or to have committed
10095 a delinquent act for the court to exercise jurisdiction under Subsection (1).
10096 Section 125. Section 
78A-6-1203
 is amended to read:
10097 
78A-6-1203.
Youth court -- Authorization -- Referral.
10098 (1) Youth court is a diversion program that provides an alternative disposition for cases
10099 involving juvenile offenders in which youth participants, under the supervision of an adult
10100 coordinator, may serve in various capacities within the courtroom, acting in the role of jurors,
10101 lawyers, bailiffs, clerks, and judges.
10102 (a) Youth who appear before youth courts have been identified by law enforcement
10103 personnel, school officials, a prosecuting attorney, or the juvenile court as having committed
10104 acts which indicate a need for intervention to prevent further development toward juvenile
10105 delinquency, but which appear to be acts that can be appropriately addressed outside the
10106 juvenile court process.
10107 (b) Youth courts may only hear cases as provided for in this part.
10108 (c) Youth court is a diversion program and not a court established under the Utah
10109 Constitution, Article VIII.
10110 (2) A youth court may not accept referrals from law enforcement, schools, prosecuting
10111 attorneys, or a juvenile court unless the youth court is certified by the Utah Youth Court Board.
10112 (3) Any person may refer youth to a youth court for minor offenses or for any other
10113 eligible offense under Section [
53A-11-911
] 
53G-8-211
. Once a referral is made, the case
10114 shall be screened by an adult coordinator to determine whether it qualifies as a youth court
10115 case.
10116 (4) Youth courts have authority over youth:
10117 (a) referred for one or more minor offenses or who are referred for other eligible
10118 offenses under Section [
53A-11-911
] 
53G-8-211
, or who are granted permission for referral
10119 under this part;
10120 (b) who, along with a parent, guardian, or legal custodian, voluntarily and in writing,
10121 request youth court involvement; and
10122 (c) who, along with a parent, guardian, or legal custodian, agree to follow the youth
10123 court disposition of the case.
10124 (5) Except with permission granted under Subsection (6), or pursuant to Section
10125 [
53A-11-911
] 
53G-8-211
, youth courts may not exercise authority over youth who are under
10126 the continuing jurisdiction of the juvenile court for law violations, including any youth who
10127 may have a matter pending which has not yet been adjudicated. Youth courts may, however,
10128 exercise authority over youth who are under the continuing jurisdiction of the juvenile court as
10129 set forth in this Subsection (5) if the offense before the youth court is not a law violation, and
10130 the referring agency has notified the juvenile court of the referral.
10131 (6) Youth courts may exercise authority over youth described in Subsection (5), and
10132 over any other offense with the permission of the juvenile court and the prosecuting attorney in
10133 the county or district that would have jurisdiction if the matter were referred to juvenile court.
10134 (7) Permission of the juvenile court may be granted by a probation officer of the court
10135 in the district that would have jurisdiction over the offense being referred to youth court.
10136 (8) Youth courts may decline to accept a youth for youth court disposition for any
10137 reason and may terminate a youth from youth court participation at any time.
10138 (9) A youth or the youth's parent, guardian, or legal custodian may withdraw from the
10139 youth court process at any time. The youth court shall immediately notify the referring source
10140 of the withdrawal.
10141 (10) The youth court may transfer a case back to the referring source for alternative
10142 handling at any time.
10143 (11) Referral of a case to youth court may not, if otherwise eligible, prohibit the
10144 subsequent referral of the case to any court.
10145 (12) Proceedings and dispositions of a youth court may only be shared with the
10146 referring agency, juvenile court, and victim.
10147 (13) When a person does not complete the terms ordered by a youth court, and if the
10148 case is referred to a juvenile court, the youth court shall provide the case file to the juvenile
10149 court.
10150 Section 126. 
Repealer.
10151 This bill repeals:
10152 Section 
53A-1-414
,
School expenditures -- Report.
10153 Section 
53A-1-901
,
Title.
10154 Section 
53A-1-904
,
No Child Left Behind -- State implementation.
10155 Section 
53A-1-1101
,
Title.
10156 Section 
53A-1-1201
,
Title.
10157 Section 
53A-1-1301
,
Title.
10158 Section 
53A-1-1401
,
Title.
10159 Section 
53A-1-1501
,
Title.
10160 Section 
53A-1a-101
,
Short title.
10161 Section 
53A-1a-501
,
Short title.
10162 Section 
53A-1a-701
,
Title.
10163 Section 
53A-1b-101
,
Title.
10164 Section 
53A-1b-201
,
Title.
10165 Section 
53A-2-401
,
Title.
10166 Section 
53A-4-301
,
Title.
10167 Section 
53A-6-101
,
Title.
10168 Section 
53A-8a-101
,
Title.
10169 Section 
53A-11-1201
,
Title.
10170 Section 
53A-11-1501
,
Title.
10171 Section 
53A-11-1601
,
Title.
10172 Section 
53A-11a-101
,
Title.
10173 Section 
53A-15-1001
,
Title.
10174 Section 
53A-15-1201
,
Title.
10175 Section 
53A-15-1501
,
Title.
10176 Section 
53A-15-1701
,
Title.
10177 Section 
53A-15-1801
,
Title.
10178 Section 
53A-15-1901
,
Title.
10179 Section 
53A-15-2001
,
Title.
10180 Section 
53A-17a-101
,
Title.
10181 Section 
53A-20b-101
,
Title.
10182 Section 
53A-21-101
,
Title.
10183 Section 
53A-25a-101
,
Title.
10184 Section 
53A-25b-101
,
Title.
10185 Section 
53A-28-101
,
Title.
10186 Section 
53A-30-101
,
Title.
10187 Section 
53A-31-101
,
Title.
10188 Section 
53A-31-401
,
Title.
10189 Section 127. 
Effective date.
10190 
If approved by two-thirds of all the members elected to each house, this bill takes effect
10191 
upon approval by the governor, or the day following the constitutional time limit of Utah
10192 
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
10193 
the date of veto override.
10194 Section 128. 
Revisor instructions.
10195 
The Legislature intends that the Office of Legislative Research and General Counsel, in
10196 
preparing the Utah Code database for publication, not enroll this bill if any of the following
10197 
bills do not pass:
10198 
 (1) H.B. 10, Public Education Recodification - State System;
10199 
 (2) H.B. 11, Public Education Recodification - Funding; or
10200 
 (3) S.B. 11, Public Education Recodification - Local System.