Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 116 (2018GS)

Sponsor

Sen. Okerlund, R.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

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• modifies parts of the Utah Code to make technical corrections, including eliminating references to repealed provisions, making minor wording changes, updating cross-references, correcting numbering, and fixing errors that were created from the previous year's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

Every vote on this bill

Bill text

REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ralph Okerlund
House Sponsor: 
Brad R. Wilson
LONG TITLE
General Description:
This bill modifies parts of the Utah Code to make technical corrections, including
eliminating references to repealed provisions, making minor wording changes, updating
cross-references, and correcting numbering.
Highlighted Provisions:
This bill:
▸ modifies parts of the Utah Code to make technical corrections, including
eliminating references to repealed provisions, making minor wording changes,
updating cross-references, correcting numbering, and fixing errors that were created
from the previous year's session.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
7-1-810
, as last amended by Laws of Utah 2013, Chapters 73, and 412
7-3-10
, as last amended by Laws of Utah 2013, Chapter 412
7-8-3
, as last amended by Laws of Utah 2013, Chapter 412
10-2a-302.5
, as enacted by Laws of Utah 2017, Chapter 452
13-34-114
, as last amended by Laws of Utah 2013, Chapter 412
16-16-111
, as last amended by Laws of Utah 2013, Chapter 412
19-1-301
, as last amended by Laws of Utah 2017, Chapter 206
19-1-301.5
, as last amended by Laws of Utah 2017, Chapter 206
19-1-507
, as enacted by Laws of Utah 2010, Chapter 170
19-1-601
, as enacted by Laws of Utah 2017, Chapter 246
19-1-602
, as enacted by Laws of Utah 2017, Chapter 246
19-2-107
, as last amended by Laws of Utah 2015, Chapter 154
19-3-105
, as last amended by Laws of Utah 2017, Chapter 360
19-3-301
, as last amended by Laws of Utah 2012, Chapter 212
19-5-107
, as last amended by Laws of Utah 2012, Chapter 360
19-6-102.1
, as last amended by Laws of Utah 2015, Chapter 451
19-6-105
, as last amended by Laws of Utah 2017, Chapter 281
19-6-402
, as last amended by Laws of Utah 2015, Chapter 451
19-6-503
, as last amended by Laws of Utah 2008, Chapter 89
19-6-706
, as last amended by Laws of Utah 2015, Chapter 340
20A-2-201
, as last amended by Laws of Utah 2015, Chapters 130 and 394
20A-3-601
, as last amended by Laws of Utah 2017, Chapter 58
20A-4-103
, as last amended by Laws of Utah 2006, Chapter 326
20A-4-107
, as last amended by Laws of Utah 2014, Chapters 98, 231 and last amended
by Coordination Clause, Laws of Utah 2014, Chapter 231
20A-7-214
, as last amended by Laws of Utah 2013, Chapter 310
20A-9-405
, as enacted by Laws of Utah 2014, Chapter 17
26-7-8
, as enacted by Laws of Utah 2016, Chapter 269
26-10-10
, as enacted by Laws of Utah 2013, Chapter 45
26-18-3
, as last amended by Laws of Utah 2017, Chapter 74
26-38-2
, as last amended by Laws of Utah 2017, Chapter 455
31A-4-106
, as last amended by Laws of Utah 2012, Chapter 50
31A-27a-403
, as enacted by Laws of Utah 2007, Chapter 309
31A-30-206
, as last amended by Laws of Utah 2011, Chapter 297
31A-32a-107
, as last amended by Laws of Utah 2008, Chapter 389
32B-1-605
, as last amended by Laws of Utah 2017, Chapter 455
32B-3-102
, as last amended by Laws of Utah 2017, Chapter 455
32B-6-205.2
, as enacted by Laws of Utah 2017, Chapter 455
32B-6-305.2
, as enacted by Laws of Utah 2017, Chapter 455
32B-6-902
, as last amended by Laws of Utah 2017, Chapter 455
32B-6-905.1
, as enacted by Laws of Utah 2017, Chapter 455
32B-6-905.2
, as enacted by Laws of Utah 2017, Chapter 455
36-23-106
, as last amended by Laws of Utah 2017, Chapters 18, 133, 272 and last
amended by Coordination Clause, Laws of Utah 2017, Chapter 272
49-11-609
, as last amended by Laws of Utah 2017, Chapter 94
49-20-401
, as last amended by Laws of Utah 2016, Chapter 279
53B-8-101
, as last amended by Laws of Utah 2017, Chapter 382
53B-8-202
, as renumbered and amended by Laws of Utah 2017, Chapter 386
53F-8-303
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-3-304
, as renumbered and amended by Laws of Utah 2018, Chapter 3
55-12-116
, as renumbered and amended by Laws of Utah 2005, Chapter 155
57-19-5
, as last amended by Laws of Utah 2016, Chapter 255
58-37f-304
, as last amended by Laws of Utah 2017, Chapters 181 and 237
58-55-102
, as last amended by Laws of Utah 2017, Chapter 411
58-87-401
, as renumbered and amended by Laws of Utah 2017, Chapter 225
59-2-1346
, as last amended by Laws of Utah 2016, Chapter 368
59-12-102
, as last amended by Laws of Utah 2017, Chapters 181, 382, and 422
59-12-104
, as last amended by Laws of Utah 2017, Chapters 264, 268, and 429
59-12-104.5
, as last amended by Laws of Utah 2017, Chapter 268
59-13-301
, as last amended by Laws of Utah 2017, Chapter 234
61-2g-103
, as last amended by Laws of Utah 2013, Chapter 412
62A-4a-105
, as last amended by Laws of Utah 2017, Chapters 209 and 330
62A-15-401
, as last amended by Laws of Utah 2017, Chapter 455
63G-2-302
, as last amended by Laws of Utah 2017, Chapters 168 and 282
63G-3-102
, as last amended by Laws of Utah 2016, Chapter 193
63G-21-102
, as enacted by Laws of Utah 2017, Chapter 205
63I-1-226
, as last amended by Laws of Utah 2017, Chapters 177 and 443
63I-1-257
, as last amended by Laws of Utah 2016, Chapter 325
63I-1-259
, as last amended by Laws of Utah 2017, Chapters 166 and 201
63I-1-262
, as last amended by Laws of Utah 2017, Chapter 459
63I-2-219
, as last amended by Laws of Utah 2016, Chapter 369
63I-2-226
, as last amended by Laws of Utah 2017, Chapters 126, 155, 413, and 419
63I-2-234
, as last amended by Laws of Utah 2017, Chapter 116
63I-2-236
, as last amended by Laws of Utah 2017, Chapter 90
63I-2-248
, as enacted by Laws of Utah 2013, Chapter 412
63I-2-249
, as enacted by Laws of Utah 2015, Chapter 455
63I-2-253
, as last amended by Laws of Utah 2017, Chapters 217, 223, 350, 365, 381,
386, and 468
63I-2-278
, as last amended by Laws of Utah 2015, Chapter 217
63N-2-104
, as last amended by Laws of Utah 2017, Chapter 310
67-4a-501
, as repealed and reenacted by Laws of Utah 2017, Chapter 371
70A-2-311
, as last amended by Laws of Utah 2016, Chapter 348
70A-2-402
, as last amended by Laws of Utah 2017, Chapter 204
70A-2-601
, as last amended by Laws of Utah 2015, Chapter 258
70A-2-610
, as last amended by Laws of Utah 2015, Chapter 258
72-2-118
, as last amended by Laws of Utah 2016, Chapter 222
75-7-1011
, as last amended by Laws of Utah 2013, Chapter 412
77-7-15
, as enacted by Laws of Utah 1980, Chapter 15
77-10a-13
, as last amended by Laws of Utah 2012, Chapter 22
77-15a-104
, as last amended by Laws of Utah 2015, Chapter 258
77-20-3.5
, as renumbered and amended by Laws of Utah 2017, Chapter 289
77-20-9
, as last amended by Laws of Utah 2016, Chapter 234
77-23-210
, as last amended by Laws of Utah 2015, Chapter 317
77-30-8
, as enacted by Laws of Utah 1980, Chapter 15
77-30-18
, as enacted by Laws of Utah 1980, Chapter 15
77-30-25
, as last amended by Laws of Utah 2007, Chapter 306
77-32-603
, as last amended by Laws of Utah 1998, Chapter 333
77-32a-102
, as enacted by Laws of Utah 2017, Chapter 304
77-38a-401
, as last amended by Laws of Utah 2011, Chapter 37
77-41-103
, as last amended by Laws of Utah 2017, Chapter 450
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
7-1-810
 is amended to read:
7-1-810.
Limited liability companies.
(1) Notwithstanding any other provision of this title and subject to Subsection (8), if
the conditions of this section are met, the following may be organized as or convert to a limited
liability company under [
Title 48, Chapter 2c, Utah Revised Limited Liability Company Act,
or
] Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act[
, as
appropriate pursuant to Section 
48-3a-1405
]:
(a) an industrial bank chartered under Chapter 8, Industrial Banks;
(b) an industrial loan company as defined in Section 
7-8-21
; or
(c) any of the following if the institution is an S Corporation, as defined in Section
1361, Internal Revenue Code, immediately before becoming a limited liability company:
(i) a bank chartered under Chapter 3, Banks; or
(ii) a depository institution holding company.
(2) (a) Before an institution described in Subsection (1) may organize as or convert to a
limited liability company, the institution shall obtain approval of the commissioner.
(b) (i) To obtain the approval under this section from the commissioner, the institution
shall file a request for approval with the commissioner at least 30 days before the day on which
the institution becomes a limited liability company.
(ii) If the commissioner does not disapprove the request for approval within 30 days
from the day on which the commissioner receives the request, the request is considered
approved.
(iii) When taking action on a request for approval filed under this section, the
commissioner may:
(A) approve the request;
(B) approve the request subject to terms and conditions the commissioner considers
necessary; or
(C) disapprove the request.
(3) To approve a request for approval, the commissioner shall find:
(a) for an institution described in Subsection (1) that is required to be insured by a
federal deposit insurance agency, that the institution:
(i) will operate in a safe and sound manner;
(ii) has the following characteristics:
(A) the institution is not subject to automatic termination, dissolution, or suspension
upon the happening of some event other than the passage of time;
(B) the exclusive authority to manage the institution is vested in a board of managers
or directors that:
(I) is elected or appointed by the owners;
(II) is not required to have owners of the institution included on the board;
(III) possesses adequate independence and authority to supervise the operation of the
institution; and
(IV) operates with substantially the same rights, powers, privileges, duties, and
responsibilities as the board of directors of a corporation;
(C) neither state law, nor the institution's operating agreement, bylaws, or other
organizational documents provide that an owner of the institution is liable for the debts,
liabilities, and obligations of the institution in excess of the amount of the owner's investment;
and
(D) (I) neither state law, nor the institution's operating agreement, bylaws, or other
organizational documents require the consent of any other owner of the institution in order for
an owner to transfer an ownership interest in the institution, including voting rights; and
(II) the institution is able to obtain new investment funding if needed to maintain
adequate capital; and
(iii) is able to comply with all legal and regulatory requirements for an insured
depository institution under applicable federal and state law; and
(b) for an institution described in Subsection (1) that is not required to be insured by a
federal deposit insurance agency, that the institution will operate in a safe and sound manner.
(4) An institution described in Subsection (3)(a) that is organized as a limited liability
company shall maintain the characteristics listed in Subsection (3)(a)(ii) during such time as it
is authorized to conduct business under this title as a limited liability company.
(5) (a) All rights, privileges, powers, duties, and obligations of an institution described
in Subsection (1) that is organized as a limited liability company and its members and
managers shall be governed by [
Title 48, Chapter 2c, Utah Revised Limited Liability Company
Act, or
] Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act, [
as
appropriate pursuant to Section 
48-3a-1405
] except:
[
(i) the following do not apply to an institution that is described in Subsection (3)(a):
]
[
(A) Subsection 
48-2c-402
(2)(a)(ii);
]
[
(B) Section 
48-2c-604
;
]
[
(C) Section 
48-2c-703
;
]
[
(D) Section 
48-2c-708
;
]
[
(E) Subsection 
48-2c-801
(2);
]
[
(F) Section 
48-2c-1102
;
]
[
(G) Section 
48-2c-1104
; and
]
[
(H) Subsections 
48-2c-1201
(2) through (5);
]
[
(ii)
] 
(i)
 the following do not apply to an institution that is described in Subsection
(3)(a):
(A) Section 
48-3a-111
;
(B) Section 
48-3a-113
;
(C) Section 
48-3a-201
;
(D) Section 
48-3a-401
;
(E) Subsections 
48-3a-407
(1) and (3)(c);
(F) Section 
48-3a-410
;
(G) Subsection 
48-3a-502
(1)(c);
(H) Title 48, Chapter 3a, Part 6, Dissociation;
(I) Section 
48-3a-701
; and
(J) Title 48, Chapter 3a, Part 9, Foreign Limited Liability Companies; and
[
(iii)
] 
(ii)
 as otherwise provided in this title.
(b) Notwithstanding Subsection (5)(a), for an institution that is described in Subsection
(3)(a):
(i) for purposes of transferring a member's interests in the institution, a member's
interest in the institution shall be treated like a share of stock in a corporation; and
(ii) if a member's interest in the institution is transferred voluntarily or involuntarily to
another person, the person who receives the member's interest shall obtain the member's entire
rights associated with the member's interest in the institution including:
(A) all economic rights; and
(B) all voting rights.
(c) An institution described in Subsection (3)(a) may not by agreement or otherwise
change the application of Subsection (5)(a) to the institution.
(6) Unless the context requires otherwise, for the purpose of applying this title to an
institution described in Subsection (1) that is organized as a limited liability company:
(a) a citation to Title 16, Chapter 10a, Utah Revised Business Corporation Act,
includes the equivalent citation to [
Title 48, Chapter 2c, Utah Revised Limited Liability
Company Act, or
] Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company
Act[
, as appropriate pursuant to Section 
48-3a-1405
];
(b) "articles of incorporation" includes a limited liability company's certificate of
organization as that term is used in [
Section 
48-2c-403
 or
] Section 
48-3a-201
[
, as appropriate
pursuant to Section 
48-3a-1405
];
(c) "board of directors" includes one or more persons who have, with respect to an
institution described in Subsection (1), authority substantially similar to that of a board of
directors of a corporation;
(d) "bylaws" includes a limited liability company's operating agreement as that term is
defined in [
Section 
48-2c-102
 or
] Section 
48-3a-201
[
, as appropriate pursuant to Section
48-3a-1405
];
(e) "corporation" includes a limited liability company organized under [
Title 48,
Chapter 2c, Utah Revised Limited Liability Company Act, or
] Title 48, Chapter 3a, Utah
Revised Uniform Limited Liability Company Act[
, as appropriate pursuant to Section
48-3a-1405
];
(f) "director" includes any of the following of a limited liability company:
(i) a manager;
(ii) a director; or
(iii) other person who has with respect to the institution described in Subsection (1),
authority substantially similar to that of a director of a corporation;
(g) "dividend" includes distributions made by a limited liability company under [
Title
48, Chapter 2c, Part 10, Distributions, or
] Title 48, Chapter 3a, Part 4, Relations of Members to
Each Other and to Limited Liability Company[
, as appropriate pursuant to Section
48-3a-1405
];
(h) "incorporator" includes an organizer of a limited liability company as provided in
[
Title 48, Chapter 2c, Part 4, Formation, or
] Title 48, Chapter 3a, Part 2, Formation --
Certificate of Organization and Other Filings[
, as appropriate pursuant to Section 
48-3a-1405
];
(i) "officer" includes any of the following of an institution described in Subsection (1):
(i) an officer; or
(ii) other person who has with respect to the institution described in Subsection (1)
authority substantially similar to that of an officer of a corporation;
(j) "security," "shares," or "stock" of a corporation includes:
(i) a membership interest in a limited liability company as provided in [
Title 48,
Chapter 2c, Part 7, Members, or
] Title 48, Chapter 3a, Part 4, Relations of Members to Each
Other and to Limited Liability Company[
, as appropriate pursuant to Section 
48-3a-1405
]; and
(ii) a certificate or other evidence of an ownership interest in a limited liability
company; and
(k) [
"stockholder" or "shareholder"
] 
"shareholder" or"stockholder"
 includes an owner
of an interest in an institution described in Subsection (1) including a member as provided in
[
Title 48, Chapter 2c, Part 7, Members, or
] Title 48, Chapter 3a, Part 4, Relations of Members
to Each Other and to Limited Liability Company[
, as appropriate pursuant to Section
48-3a-1405
].
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commissioner shall make rules governing the form of a request for approval filed under this
section.
(8) A depository institution organized under the laws of this state may not be organized
as or converted to a series of transferable interests in a limited liability company as provided in
[
Section 
48-2c-606
, or
] Title 48, Chapter 3a, Part 12, Series Limited Liability Companies[
, as
appropriate pursuant to Section 
48-3a-1405
].
Section 2. Section 
7-3-10
 is amended to read:
7-3-10.
Organization -- Powers, rights, and privileges of banking corporation --
Other business activities.
(1) A bank chartered under this chapter shall be:
(a) a domestic corporation under Title 16, Chapter 10a, Utah Revised Business
Corporation Act; or
(b) subject to Section 
7-1-810
, including the requirement that the bank be an S
Corporation immediately before becoming a limited liability company, a limited liability
company created under [
Title 48, Chapter 2c, Utah Revised Limited Liability Company Act,
or
] Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act[
, as
appropriate pursuant to Section 
48-3a-1405
].
(2) A bank has all the rights, privileges, and powers necessary or incidental to carrying
on the business of banking in addition to the powers granted:
(a) if the bank is a corporation, under Title 16, Chapter 10a, Utah Revised Business
Corporation Act; or
(b) subject to Section 
7-1-810
, if the bank is a limited liability company, under [
Title
48, Chapter 2c, Utah Revised Limited Liability Company Act, or
] Title 48, Chapter 3a, Utah
Revised Uniform Limited Liability Company Act[
, as appropriate pursuant to Section
48-3a-1405
].
(3) The commissioner may, by rule or order, determine that necessary or incidental
rights, privileges, and powers include:
(a) the rights, privileges, and powers held by national banks; or
(b) other business activities so long as the commissioner's determination is not
inconsistent with the rules, regulations, or other actions of the board of governors of the
Federal Reserve System under Section 4(c)(8) of the Bank Holding Company Act of 1956, 12
U.S.C. Sec. 1843(c)(8).
(4) The commissioner shall implement this section in a manner consistent with the
purposes set forth in Section 
7-1-102
.
Section 3. Section 
7-8-3
 is amended to read:
7-8-3.
Organization -- Authorization to conduct business -- Deposit insurance.
(1) Subject to Subsection (4), the commissioner may authorize a person described in
Subsection (2) to conduct business as an industrial bank.
(2) (a) Each person organized to conduct the business of an industrial bank in this state
shall be organized under:
(i) Title 16, Chapter 10a, Utah Revised Business Corporation Act; or
(ii) in accordance with Section 
7-1-810
[
, Title 48, Chapter 2c, Utah Revised Limited
Liability Company Act,
] or Title 48, Chapter 3a, Utah Revised Uniform Limited Liability
Company Act[
, as appropriate pursuant to Section 
48-3a-1405
].
(b) A person may not conduct business as an industrial bank authorized under this
chapter to conduct business as an industrial bank in any form of entity other than those
provided in Subsection (2)(a).
(3) (a) All rights, privileges, powers, duties, and obligations of a corporation
authorized to conduct business as an industrial bank and its officers, directors, and stockholders
shall be governed by Title 16, Chapter 10a, Utah Revised Business Corporation Act, except as
otherwise provided in this title.
(b) All rights, privileges, powers, duties, and obligations of a limited liability company
authorized to conduct business as an industrial bank and its members and managers shall be
governed by [
Title 48, Chapter 2c, Utah Revised Limited Liability Company Act, or
] Title 48,
Chapter 3a, Utah Revised Uniform Limited Liability Company Act, [
as appropriate pursuant to
Section 
48-3a-1405
,
] except as otherwise provided in this title.
(4) (a) An industrial bank is authorized to receive and hold deposits.
(b) An industrial bank may not conduct business under this chapter as an industrial
bank unless the industrial bank obtains insurance from the Federal Deposit Insurance
Corporation or a successor federal deposit insurance entity for any deposits received or held by
the industrial bank.
Section 4. Section 
10-2a-302.5
 is amended to read:
10-2a-302.5.
Incorporation of a town -- Petition.
(1) As used in this section:
(a) "Assessed value," with respect to agricultural land, means the value at which the
land would be assessed without regard to a valuation for agricultural use under Section
59-2-503
.
(b) (i) "Municipal services" means any of the following that are publicly provided:
(A) culinary water;
(B) secondary water;
(C) sewer service;
(D) law enforcement service;
(E) fire protection;
(F) roads;
(G) refuse collection; or
(H) weed control.
(ii) "Municipal services" includes the physical facilities required to provide a service
described in Subsection (1)(b)(i).
(2) (a) This section applies to individuals who seek to initiate the process of
incorporating a town on or after May 9, 2017.
(b) Individuals who reside in a contiguous area of a county that is not within a
municipality may incorporate as a town as provided in this section if:
(i) the area has a population of at least 100 people, but less than 1,000 people; and
(ii) at least 50% of the voting eligible population in the area are registered voters.
(c) An area within a county of the first class is not contiguous for purposes of
Subsection (2)(b) if:
(i) the area includes a strip of land that connects geographically separate areas; and
(ii) the distance between the geographically separate areas is greater than the average
width of the strip of land connecting the geographically separate areas.
(3) (a) Individuals described in Subsection (2) may initiate the process of incorporating
a town by filing an application for an incorporation petition with the lieutenant governor that
contains:
(i) the name and residential address of at least five sponsors of the petition who meet
the qualifications described in Subsection (3)(b) for a sponsor and Subsection (7) for a petition
signer;
(ii) a statement certifying that each of the sponsors:
(A) is a resident of the state; and
(B) has voted in a regular general election or municipal general election in the state
within the last three years;
(iii) the signature of each sponsor, attested to by a notary public;
(iv) the name of a sponsor who is designated as the contact sponsor;
(v) consistent with the requirements described in Subsection (3)(c), an accurate map or
plat, prepared by a licensed surveyor, showing a legal description of the boundary of the
proposed town; and
(vi) a statement indicating whether persons may be paid for gathering signatures for the
petition.
(b) Sponsors may not file a petition under this section if the cumulative private real
property that the petition sponsors own exceeds 40% of the total private land area within the
boundaries of the proposed town.
(c) A map described in Subsection (3)(a)(v) may not include an area proposed for
annexation in an annexation petition described in Section 
10-2-403
 that is pending on the day
on which the application for the incorporation petition is filed.
(4) (a) If the lieutenant governor determines that an incorporation petition application
complies with the requirements described in Subsection (3)(a), the lieutenant governor shall
accept the application and mail or transmit written notification of the acceptance to:
(i) the contact sponsor; and
(ii) the Utah Population Estimates Committee.
(b) If the lieutenant governor determines that an application does not comply with the
requirements described in Subsection (3)(a), the lieutenant governor shall reject the application
and mail or transmit written notification of the rejection, including the reason for the rejection,
to the contact sponsor.
(5) (a) Within 20 days after the day on which the lieutenant governor accepts an
application under Subsection (4)(a), the Utah Population Estimates Committee shall:
(i) determine the population of the proposed town as of the date the application was
filed under Subsection (3) for the proposed town; and
(ii) provide that determination to the lieutenant governor.
(b) If the Utah Population Estimates Committee determines that the population of the
proposed town does not meet the requirements described in Subsection (2)(b)(i), the lieutenant
governor shall rescind the acceptance described in Subsection (4)(a) and reject the application
in accordance with Subsection (4)(b).
(6) Within 30 days after the day on which the lieutenant governor receives the
determination described in Subsection (5)(b) but before collecting signatures under Subsection
(7), the sponsors of the incorporation petition shall hold a public hearing at which the public
may:
(a) review the map or plat of the proposed town described in Subsection (3)(a)(v);
(b) ask questions and receive information about the incorporation of the proposed
town; and
(c) express views about the proposed incorporation, including views regarding the
boundary of the proposed town.
(7) (a) If, after holding the public hearing described in Subsection (6), the sponsors
wish to proceed with the proposed incorporation, the sponsors shall circulate an incorporation
petition that, in order to be declared sufficient under Subsection (8)(b)(i), must be signed by:
(i) the owners of private real property that:
(A) is located within the boundaries of the proposed town; and
(B) is collectively greater than or equal to 20% of the assessed value of all private real
property within the boundaries of the proposed town; and
(ii) 20% of the registered voters residing within the boundaries of the proposed town,
as of the day on which the petition is filed.
(b) The petition sponsors shall ensure that the petition is:
(i) accompanied by and circulated with a copy of the map described in Subsection
(3)(a)(v); and
(ii) printed in substantially the following form:
"PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
town)
To the Honorable Lieutenant Governor:
We, the undersigned, respectfully petition the lieutenant governor to direct the county to
submit to the registered voters residing within the area described in this petition, in an election,
the question of whether the area should incorporate as a town. Each of the undersigned affirms
that each has personally signed this petition and is an owner of real property located within, or
is a registered voter residing within, the described area, and that the current residence address
of each is correctly written after the signer's name. The area we propose for incorporation as a
town is described as follows: (insert an accurate description of the area proposed to be
incorporated)."
(c) An individual who signs a petition described in this Subsection (7) may withdraw
or reinstate the individual's signature by filing a written, signed statement with the lieutenant
governor before the lieutenant governor certifies the petition signatures under Subsection (8).
(d) The petition sponsors shall submit a completed petition to the lieutenant governor
no later than 316 days after the day on which the sponsors submit the application described in
Subsection (3)(a) to the lieutenant governor.
(8) No later than 20 days after the day on which the sponsors submit the petition to the
lieutenant governor under Subsection (7)(d), the lieutenant governor shall:
(a) determine whether the petition complies with the requirements described in
Subsection (7); and
(b) (i) if the lieutenant governor determines that the petition complies with the
requirements described in Subsection (7):
(A) certify the petition as sufficient; and
(B) mail or deliver written notification of the certification to the contact sponsor; or
(ii) if the lieutenant governor determines that the petition does not comply with the
requirements described in Subsection (7):
(A) reject the petition; and
(B) notify the contact sponsor in writing of the rejection and the reasons for the
rejection.
(9) (a) Petition sponsors may amend a petition that the lieutenant governor rejected
under Subsection (8)(b)(ii) by:
(i) correcting the reason for which the lieutenant governor rejects the petition; and
(ii) submitting an amended petition to the lieutenant governor no later than the deadline
described in Subsection (7)(d).
(b) A valid signature on a petition that the lieutenant governor rejects under Subsection
(8)(b)(ii) is valid for an amended petition that the petition sponsors submit to the lieutenant
governor under Subsection (9)(a).
(c) The lieutenant governor shall review an amended petition in accordance with
Subsection (8).
(d) The sponsors of an incorporation petition may not amend the petition more than
once.
(10) (a) If the lieutenant governor certifies an incorporation petition as sufficient under
Subsection (8), the lieutenant governor shall, within seven days after the day on which the
lieutenant governor certifies the petition, mail or transmit written notice of the proposed
incorporation to each person who owns private real property that:
(i) is located within the boundaries of the proposed town; and
(ii) has a value that is greater than or equal to 1% of the assessed value of all private
real property within the boundaries of the proposed town.
(b) A person described in Subsection (10)(a) may request that the lieutenant governor
exclude all or part of the person's property from boundaries of the proposed town if:
(i) the property does not require, and is not expected to require, a municipal service
that the proposed town will provide; and
(ii) exclusion of the property will not leave an unincorporated island within the
proposed town.
(c) (i) To request exclusion under this Subsection (10), a person described in
Subsection (10)(a) shall file a written request with the lieutenant governor within 10 days after
the day on which the person receives the notice described in Subsection (10)(a).
(ii) The notice shall describe the property for which the person requests exclusion.
(d) (i) The lieutenant governor shall exclude property from the boundaries of the
proposed town if the property is described in a written request filed under Subsection (10)(c)
and meets the requirements described in Subsection (10)(b).
(ii) Within five days after the 
day on which the
 lieutenant governor excludes the
property, the lieutenant governor shall mail or transmit written notice of the exclusion to the
person who filed the request and to the contact sponsor.
(11) (a) If the lieutenant governor certifies an incorporation petition as sufficient under
Subsection (8), the lieutenant governor shall, in accordance with Title 63G, Chapter 6a, Utah
Procurement Code, procure the services of a feasibility consultant to conduct a financial
feasibility study on the proposed incorporation.
(b) The lieutenant governor shall ensure that a feasibility consultant selected under
Subsection (11)(a):
(i) has expertise in the processes and economics of local government; and
(ii) is not affiliated with:
(A) a sponsor of the incorporation petition to which the feasability study relates; or
(B) the county in which the proposed town is located.
(c) The lieutenant governor shall require the feasibility consultant to complete the
financial feasibility study and submit written results of the study to the lieutenant governor no
later than 60 days after the day on which the lieutenant governor procures the services of the
feasibility consultant.
(d) The financial consultant shall ensure that the financial feasibility study includes:
(i) an analysis of the population and population density within the boundaries of the
proposed town and the surrounding area;
(ii) the current and projected five-year demographics of, and tax base within, the
boundaries of the proposed town and the surrounding area, including household size and
income, commercial and industrial development, and public facilities;
(iii) subject to Subsection (11)(e), the current and five-year projected cost of providing
municipal services to the proposed town, including administrative costs;
(iv) assuming the same tax categories and tax rates as currently imposed by the county
and all other current municipal services providers, the present and five-year projected revenue
for the proposed town;
(v) a projection of the tax burden per household of any new taxes that may be levied
within the proposed town within five years of the town's incorporation; and
(vi) if the lieutenant governor excludes property from the proposed town under
Subsection (10)(d), an update to the map and legal description described in Subsection
(3)(a)(v).
(e) (i) For purposes of Subsection (11)(d)(iii), the feasibility consultant shall assume
that the proposed town will provide a level and quality of municipal services that fairly and
reasonably approximate the level and quality of municipal services that are provided to the
proposed town at the time the feasibility consultant conducts the feasibility study.
(ii) In determining the present cost of municipal services, the feasibility consultant
shall consider:
(A) the amount it would cost the proposed town to provide the municipal services for
the first five years after the town's incorporation; and
(B) the current municipal services provider's present and five-year projected cost of
providing the municipal services.
(iii) In calculating the costs described in Subsection (11)(d)(iii), the feasibility
consultant shall account for inflation and anticipated growth.
(f) If the five-year projected revenues described in Subsection (11)(d)(iv) exceed the
five-year projected costs described in Subsection (11)(d)(iii) by more than 10%, the feasibility
consultant shall project and report the expected annual revenue surplus to the contact sponsor
and the lieutenant governor.
(g) The lieutenant governor shall publish the feasibility study on the lieutenant
governor's website and make a copy of the feasibility study available for public review at the
Office of the Lieutenant Governor.
(12) After the lieutenant governor conducts the feasibility study, the lieutenant
governor shall hold a public hearing in accordance with Section 
10-2a-303
.
Section 5. Section 
13-34-114
 is amended to read:
13-34-114.
Consent to use of educational terms in business names.
(1) For purposes of this section:
(a) "Business name" means a name filed with the Division of Corporations and
Commercial Code under:
(i) Section 
16-6a-401
;
(ii) Section 
16-10a-401
;
(iii) Section 
16-11-16
;
(iv) Section 
42-2-6.6
;
(v) Section 
[
48-2a-102
 or
] 
48-2e-108
[
, as appropriate pursuant to Section 
48-3a-1405
];
or
(vi) Section [
48-2c-106
 or
] 
48-3a-108[
, as appropriate pursuant to Section
48-3a-1405
].
(b) "Educational term" means the term:
(i) "university";
(ii) "college"; or
(iii) "institute" or "institution."
(2) If a statute listed in Subsection (1)(a) requires the written consent of the division to
file a business name with the Division of Corporations and Commercial Code that includes an
educational term, the division may consent to the use of an educational term in accordance with
this statute.
(3) The division shall consent to the use of an educational term in a business name if
the person seeking to file the name:
(a) is registered under this chapter;
(b) is exempt from the chapter under Section 
13-34-105
; or
(c) (i) is not engaged in educational activities; and
(ii) does not represent that it is engaged in educational activities.
(4) The division may withhold consent to use of an educational term in a business
name if the person seeking to file the name:
(a) offers, sells, or awards a degree or any other type of educational credential; and
(b) fails to provide bona fide instruction through student-faculty interaction according
to the standards and criteria established by the division under Subsection 
13-34-104
(5).
Section 6. Section 
16-16-111
 is amended to read:
16-16-111.
Name.
(1) Use of the term "cooperative" or its abbreviation under this chapter is not a
violation of the provisions restricting the use of the term under any other law of this state.
(2) (a) Notwithstanding Section [
48-2a-102
 or
] 
48-2e-108
, as appropriate pursuant to
Section 
48-2e-1205
, the name of a limited cooperative association shall contain:
(i) the words "limited cooperative association" or "limited cooperative"; or
(ii) the abbreviation "L.C.A." or "LCA".
(b) "Cooperative" may be abbreviated as "Co-op" or "Coop".
(c) "Association" may be abbreviated as "Assoc." or "Assn."
(d) "Limited" may be abbreviated as "Ltd."
(e) (i) Use of the term "cooperative" or its abbreviation as permitted by this chapter is
not a violation of the provisions restricting the use of the term under any other law of this state.
(ii) A limited cooperative association or a member may enforce the restrictions on the
use of the term "cooperative" under this chapter and any other law of this state.
(iii) A limited cooperative association or a member may enforce the restrictions on the
use of the term "cooperative" under any other law of this state.
(3) Except as otherwise provided in Subsection (4), a limited cooperative association
may use only a name that is available. A name is available if it is distinguishable in the records
of the division from:
(a) the name of any entity organized or authorized to transact business in this state;
(b) a name reserved under Section 
16-16-112
; and
(c) an alternative name approved for a foreign cooperative authorized to transact
business in this state.
(4) A limited cooperative association may apply to the division for authorization to use
a name that is not available. The division shall authorize use of the name if:
(a) the person with ownership rights to use the name consents in a record to the use and
applies in a form satisfactory to the division to change the name used or reserved to a name that
is distinguishable upon the records of the division from the name applied for; or
(b) the applicant delivers to the division a certified copy of the final judgment of a
court establishing the applicant's right to use the name in this state.
Section 7. Section 
19-1-301
 is amended to read:
19-1-301.
Adjudicative proceedings.
(1) As used in this section, "dispositive action" means a final agency action that:
(a) the executive director takes following an adjudicative proceeding on a request for
agency action; and
(b) is subject to judicial review under Section 
63G-4-403
.
(2) This section governs adjudicative proceedings that are not special adjudicative
proceedings as defined in Section 
19-1-301.5
.
(3) (a) The department and its boards shall comply with the procedures and
requirements of Title 63G, Chapter 4, Administrative Procedures Act.
(b) The procedures for an adjudicative proceeding conducted by an administrative law
judge are governed by:
(i) Title 63G, Chapter 4, Administrative Procedures Act;
(ii) this title;
(iii) rules adopted by the department under:
(A) Subsection 
63G-4-102
(6); or
(B) this title; and
(iv) the Utah Rules of Civil Procedure, in the absence of a procedure established under
Subsection (3)(b)(i), (ii), or (iii).
(4) Except as provided in Section 
19-2-113
, an administrative law judge shall hear a
party's request for agency action.
(5) The executive director shall appoint an administrative law judge who:
(a) is a member in good standing of the Utah State Bar;
(b) has a minimum of:
(i) 10 years of experience practicing law; and
(ii) five years of experience practicing in the field of:
(A) environmental compliance;
(B) natural resources;
(C) regulation by an administrative agency; or
(D) a field related to a field listed in Subsections (5)(b)(ii)(A) through (C); and
(c) has a working knowledge of the federal laws and regulations and state statutes and
rules applicable to a request for agency action.
(6) In appointing an administrative law judge who meets the qualifications described in
Subsection (5), the executive director may:
(a) compile a list of persons who may be engaged as an administrative law judge pro
tempore by mutual consent of the parties to an adjudicative proceeding;
(b) appoint an assistant attorney general as an administrative law judge pro tempore; or
(c) (i) appoint an administrative law judge as an employee of the department; and
(ii) assign the administrative law judge responsibilities in addition to conducting an
adjudicative proceeding.
(7) (a) An administrative law judge:
(i) shall conduct an adjudicative proceeding;
(ii) may take any action that is not a dispositive action; and
(iii) shall submit to the executive director a proposed dispositive action, including:
(A) written findings of fact;
(B) written conclusions of law; and
(C) a recommended order.
(b) The executive director may:
(i) approve, approve with modifications, or disapprove a proposed dispositive action
submitted to the executive director under Subsection (7)(a); or
(ii) return the proposed dispositive action to the administrative law judge for further
action as directed.
(c) In making a decision regarding a dispositive action, the executive director may seek
the advice of, and consult with:
(i) the assistant attorney general assigned to the department; or
(ii) a special master who:
(A) is appointed by the executive director; and
(B) is an expert in the subject matter of the proposed dispositive action.
(d) The executive director shall base a final dispositive action on the record of the
proceeding before the administrative law judge.
(8) To conduct an adjudicative proceeding, an administrative law judge may:
(a) compel:
(i) the attendance of a witness; and
(ii) the production of a document or other evidence;
(b) administer an oath;
(c) take testimony; and
(d) receive evidence as necessary.
(9) A party may appear before an administrative law judge in person, through an agent
or employee, or as provided by department rule.
(10) (a) Except as provided in Subsection (10)(b), an administrative law judge or the
executive director may not participate in an ex parte communication with a party to an
adjudicative proceeding regarding the merits of the adjudicative proceeding unless notice and
an opportunity to be heard are afforded to all parties.
(b) The executive director may discuss ongoing operational matters that require the
involvement of a division director without violating Subsection (10)(a).
(c) Upon receiving an ex parte communication [
with
] 
from
 a party to a proceeding, an
administrative law judge or the executive director shall place the communication in the public
record of the proceeding and afford all parties to the proceeding with an opportunity to
comment on the communication.
(d) If an administrative law judge or the executive director receives an ex parte
communication, the person who receives the ex parte communication shall place the
communication into the public record of the proceedings and afford all parties an opportunity
to comment on the information.
(11) Nothing in this section limits a party's right to an adjudicative proceeding under
Title 63G, Chapter 4, Administrative Procedures Act.
Section 8. Section 
19-1-301.5
 is amended to read:
19-1-301.5.
Permit review adjudicative proceedings.
(1) As used in this section:
(a) "Dispositive action" means a final agency action that:
(i) the executive director takes as part of a special adjudicative proceeding; and
(ii) is subject to judicial review, in accordance with Subsection (16).
(b) "Dispositive motion" means a motion that is equivalent to:
(i) a motion to dismiss under Utah Rules of Civil Procedure, Rule 12(b)(6);
(ii) a motion for judgment on the pleadings under Utah Rules of Civil Procedure, Rule
12(c); or
(iii) a motion for summary judgment under Utah Rules of Civil Procedure, Rule 56.
(c) "Financial assurance determination" means a decision on whether a facility, site,
plan, party, broker, owner, operator, generator, or permittee has met financial assurance or
financial responsibility requirements as determined by the director of the Division of Waste
Management and Radiation Control.
(d) "Party" means:
(i) the director who issued the permit order or financial assurance determination that is
being challenged in the special adjudicative proceeding under this section;
(ii) the permittee;
(iii) the person who applied for the permit, if the permit was denied;
(iv) the person who is subject to a financial assurance determination; or
(v) a person granted intervention by the administrative law judge.
(e) "Permit" means any of the following issued under this title:
(i) a permit;
(ii) a plan;
(iii) a license;
(iv) an approval order; or
(v) another administrative authorization made by a director.
(f) (i) "Permit order" means an order issued by a director that:
(A) approves a permit;
(B) renews a permit;
(C) denies a permit;
(D) modifies or amends a permit; or
(E) revokes and reissues a permit.
(ii) "Permit order" does not include an order terminating a permit.
(g) "Special adjudicative proceeding" means a proceeding under this section to resolve
a challenge to a:
(i) permit order; or
(ii) financial assurance determination.
(2) This section governs special adjudicative proceedings.
(3) Except as expressly provided in this section, the provisions of Title 63G, Chapter 4,
Administrative Procedures Act, do not apply to a special adjudicative proceeding under this
section.
(4) If a public comment period was provided during the permit application process or
the financial assurance determination process, a person who challenges an order or
determination may only raise an issue or argument during the special adjudicative proceeding
that:
(a) the person raised during the public comment period; and
(b) was supported with information or documentation that is cited with reasonable
specificity and sufficiently enables the director to fully consider the substance and significance
of the issue.
(5) (a) Upon request by a party, the executive director shall issue a notice of
appointment appointing an administrative law judge, in accordance with Subsections
19-1-301
(5) and (6), to conduct a special adjudicative proceeding under this section.
(b) The executive director shall issue a notice of appointment within 30 days after the
day on which a party files a request.
(c) A notice of appointment shall include:
(i) the agency's file number or other reference number assigned to the special
adjudicative proceeding;
(ii) the name of the special adjudicative proceeding; and
(iii) the administrative law judge's name, title, mailing address, email address, and
telephone number.
(6) (a) Only the following may file a petition for review of a permit order or financial
assurance determination:
(i) a party; or
(ii) a person who is seeking to intervene under Subsection (7).
(b) A person who files a petition for review of a permit order or a financial assurance
determination shall file the petition for review within 30 days after the day on which the permit
order or the financial assurance determination is issued.
(c) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules allowing the extension of the filing deadline described in
Subsection (6)(b).
(d) A petition for review shall:
(i) be served in accordance with department rule;
(ii) include the name and address of each person to whom a copy of the petition for
review is sent;
(iii) if known, include the agency's file number or other reference number assigned to
the special adjudicative proceeding;
(iv) state the date on which the petition for review is served;
(v) include a statement of the petitioner's position, including, as applicable:
(A) the legal authority under which the petition for review is requested;
(B) the legal authority under which the agency has jurisdiction to review the petition
for review;
(C) each of the petitioner's arguments in support of the petitioner's requested relief;
(D) an explanation of how each argument described in Subsection (6)(d)(v)(C) was
preserved;
(E) a detailed description of any permit condition to which the petitioner is objecting;
(F) any modification or addition to a permit that the petitioner is requesting;
(G) a demonstration that the agency's permit decision is based on a finding of fact or
conclusion of law that is clearly erroneous;
(H) if the agency director addressed a finding of fact or conclusion of law described in
Subsection (6)(d)(v)(G) in a response to public comment, a citation to the comment and
response that relates to the finding of fact or conclusion of law and an explanation of why the
director's response was clearly erroneous or otherwise warrants review; and
(I) a claim for relief.
(e) A person may not raise an issue or argument in a petition for review unless the
issue or argument:
(i) was preserved in accordance with Subsection (4); or
(ii) was not reasonably ascertainable before or during the public comment period.
(f) To demonstrate that an issue or argument was preserved in accordance with
Subsection (4), a petitioner shall include the following in the petitioner's petition for review:
(i) a citation to where the petitioner raised the issue or argument during the public
comment period; and
(ii) for each document upon which the petitioner relies in support of an issue or
argument, a description that:
(A) states why the document is part of the administrative record; and
(B) demonstrates that the petitioner cited the document with reasonable specificity in
accordance with Subsection (4)(b).
(7) (a) A person who is not a party may not participate in a special adjudicative
proceeding under this section unless the person is granted the right to intervene under this
Subsection (7).
(b) A person who seeks to intervene in a special adjudicative proceeding under this
section shall, within 30 days after the day on which the permit order or the financial assurance
determination being challenged was issued, file:
(i) a petition to intervene that:
(A) meets the requirements of Subsection 
63G-4-207
(1); and
(B) demonstrates that the person is entitled to intervention under Subsection (7)(d)(ii);
and
(ii) a timely petition for review.
(c) In a special adjudicative proceeding to review a permit order, the permittee is a
party to the special adjudicative proceeding regardless of who files the petition for review and
does not need to file a petition to intervene under Subsection (7)(b).
(d) An administrative law judge shall grant a petition to intervene in a special
adjudicative proceeding, if:
(i) the petition to intervene is timely filed; and
(ii) the petitioner:
(A) demonstrates that the petitioner's legal interests may be substantially affected by
the special adjudicative proceeding;
(B) demonstrates that the interests of justice and the orderly and prompt conduct of the
special adjudicative proceeding will not be materially impaired by allowing the intervention;
and
(C) in the petitioner's petition for review, raises issues or arguments that are preserved
in accordance with Subsection (4).
(e) An administrative law judge:
(i) shall issue an order granting or denying a petition to intervene in accordance with
Subsection 
63G-4-207
(3)(a); and
(ii) may impose conditions on intervenors as described in Subsections 
63G-4-207
(3)(b)
and (c).
(f) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules allowing the extension of the filing deadline described in
Subsection (7)(b).
(8) (a) Unless the parties otherwise agree, or the administrative law judge otherwise
orders, a special adjudicative proceeding shall be conducted as follows:
(i) the director shall file and serve the administrative record within 40 days after the
day on which the executive director issues a notice of appointment, unless otherwise ordered
by the administrative law judge;
(ii) any dispositive motion shall be filed and served within 15 days after the day on
which the administrative record is filed and served;
(iii) the petitioner shall file and serve an opening brief of no more than 30 pages:
(A) within 30 days after the day on which the director files and serves the
administrative record; or
(B) if a party files and serves a dispositive motion, within 30 days after the day on
which the administrative law judge issues a decision on the dispositive motion, including a
decision to defer the motion;
(iv) each responding party shall file and serve a response brief of no more than 30
pages within 15 days after the day on which the petitioner files and serves the opening brief;
(v) the petitioner may file and serve a reply brief of not more than 15 pages within 15
days after the day on which the response brief is filed and served; and
(vi) if the petitioner files and serves a reply brief, each responding party may file and
serve a surreply brief of no more than 15 pages within five business days after the day on which
the petitioner files and serves the reply brief.
(b) (i) A reply brief may not raise an issue that was not raised in the response brief.
(ii) A surreply brief may not raise an issue that was not raised in the reply brief.
(9) (a) An administrative law judge shall conduct a special adjudicative proceeding
based only on the administrative record and not as a trial de novo.
(b) To the extent relative to the issues and arguments raised in the petition for review,
the administrative record consists of the following items, if they exist:
(i) (A) for review of a permit order, the permit application, draft permit, and final
permit; or
(B) for review of a financial assurance determination, the proposed financial assurance
determination from the owner or operator of the facility, the draft financial assurance
determination, and the final financial assurance determination;
(ii) each statement of basis, fact sheet, engineering review, or other substantive
explanation designated by the director as part of the basis for the decision relating to the permit
order or the financial assurance determination;
(iii) the notice and record of each public comment period;
(iv) the notice and record of each public hearing, including oral comments made during
the public hearing;
(v) written comments submitted during the public comment period;
(vi) responses to comments that are designated by the director as part of the basis for
the decision relating to the permit order or the financial assurance determination;
(vii) any information that is:
(A) requested by and submitted to the director; and
(B) designated by the director as part of the basis for the decision relating to the permit
order or the financial assurance determination;
(viii) any additional information specified by rule;
(ix) any additional documents agreed to by the parties; and
(x) information supplementing the record under Subsection (9)(c).
(c) (i) There is a rebuttable presumption against supplementing the record.
(ii) A party may move to supplement the record described in Subsection (9)(b) with
technical or factual information.
(iii) The administrative law judge may grant a motion to supplement the record
described in Subsection (9)(b) with technical or factual information if the moving party proves
that:
(A) good cause exists for supplementing the record;
(B) supplementing the record is in the interest of justice; and
(C) supplementing the record is necessary for resolution of the issues.
(iv) The department may, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, make rules permitting further supplementation of the record.
(10) (a) Except as otherwise provided by this section, the administrative law judge
shall review and respond to a petition for review in accordance with Subsections
63G-4-201
(3)(d) and (e), following the relevant procedures for formal adjudicative
proceedings.
(b) The administrative law judge shall require the parties to file responsive briefs in
accordance with Subsection (8).
(c) If an administrative law judge enters an order of default against a party, the
administrative law judge shall enter the order of default in accordance with Section 
63G-4-209
.
(d) The administrative law judge, in conducting a special adjudicative proceeding:
(i) may not participate in an ex parte communication with a party to the special
adjudicative proceeding regarding the merits of the special adjudicative proceeding unless
notice and an opportunity to be heard are afforded to all parties; and
(ii) shall, upon receiving an ex parte communication, place the communication in the
public record of the proceeding and afford all parties an opportunity to comment on the
information.
(e) In conducting a special adjudicative proceeding, the administrative law judge may
take judicial notice of matters not in the administrative record, in accordance with Utah Rules
of Evidence, Rule 201.
(f) An administrative law judge may take any action in a special adjudicative
proceeding that is not a dispositive action.
(11) (a) A person who files a petition for review has the burden of demonstrating that
an issue or argument raised in the petition for review has been preserved in accordance with
Subsection (4).
(b) The administrative law judge shall dismiss, with prejudice, any issue or argument
raised in a petition for review that has not been preserved in accordance with Subsection (4).
(12) In response to a dispositive motion, within 45 days after the day on which oral
argument takes place, or, if there is no oral argument, within 45 days after the day on which the
reply brief on the dispositive motion is due, the administrative law judge shall:
(a) submit a proposed dispositive action to the executive director recommending full or
partial resolution of the special adjudicative proceeding, that includes:
(i) written findings of fact;
(ii) written conclusions of law; and
(iii) a recommended order; or
(b) if the administrative law judge determines that a full or partial resolution of the
special adjudicative proceeding is not appropriate, issue an order that explains the basis for the
administrative law judge's determination.
(13) For each issue or argument that is not dismissed or otherwise resolved under
Subsection (11)(b) or (12), the administrative law judge shall:
(a) provide the parties an opportunity for briefing and oral argument in accordance with
this section;
(b) conduct a review of the director's order or determination, based on the record
described in Subsections (9)(b), (9)(c), and (10)(e); and
(c) within 60 days after the day on which the reply brief on the dispositive motion is
due, submit to the executive director a proposed dispositive action, that includes:
(i) written findings of fact;
(ii) written conclusions of law; and
(iii) a recommended order.
(14) (a) When the administrative law judge submits a proposed dispositive action to
the executive director, the executive director may:
(i) adopt, adopt with modifications, or reject the proposed dispositive action; or
(ii) return the proposed dispositive action to the administrative law judge for further
action as directed.
(b) On review of a proposed dispositive action, the executive director shall uphold all
factual, technical, and scientific agency determinations that are not clearly erroneous based on
the petitioner's marshaling of the evidence.
(c) In reviewing a proposed dispositive action during a special adjudicative proceeding,
the executive director may take judicial notice of matters not in the record, in accordance with
Utah Rules of Evidence, Rule 201.
(d) The executive director may use the executive director's technical expertise in
making a determination.
(15) (a) Except as provided in Subsection (15)(b), the executive director may not
participate in an ex parte communication with a party to a special adjudicative proceeding
regarding the merits of the special adjudicative proceeding, unless notice and opportunity to be
heard are afforded to all parties involved in the proceeding.
(b) The executive director may discuss ongoing operational matters that require the
involvement of a division director without violating Subsection (15)(a).
(c) Upon receiving an ex parte communication [
with
] 
from
 a party to a proceeding, the
executive director shall place the communication in the public record of the proceeding and
afford all parties to the proceeding with an opportunity to comment on the communication.
(16) (a) A party may seek judicial review in the Utah Court of Appeals of a dispositive
action in a special adjudicative proceeding, in accordance with Sections 
63G-4-401
,
63G-4-403
, and 
63G-4-405
.
(b) An appellate court shall limit its review of a dispositive action of a special
adjudicative proceeding under this section to:
(i) the record described in Subsections (9)(b), (9)(c), (10)(e), and (14)(c); and
(ii) the record made by the administrative law judge and the executive director during
the special adjudicative proceeding.
(c) During judicial review of a dispositive action, the appellate court shall:
(i) review all agency determinations in accordance with Subsection 
63G-4-403
(4),
recognizing that the agency has been granted substantial discretion to interpret its governing
statutes and rules; and
(ii) uphold all factual, technical, and scientific agency determinations that are not
clearly erroneous based upon the petitioner's marshaling of the evidence.
(17) (a) The filing of a petition for review does not:
(i) stay a permit order or a financial assurance determination; or
(ii) delay the effective date of a permit order or a portion of a financial assurance
determination.
(b) A permit order or a financial assurance determination may not be stayed or delayed
unless a stay is granted under this Subsection (17).
(c) The administrative law judge shall:
(i) consider a party's motion to stay a permit order or a financial assurance
determination during a special adjudicative proceeding; and
(ii) within 45 days after the day on which the reply brief on the motion to stay is due,
submit a proposed determination on the stay to the executive director.
(d) The administrative law judge may not recommend to the executive director a stay
of a permit order or a financial assurance determination, or a portion of a permit order or a
portion of a financial assurance determination, unless:
(i) all parties agree to the stay; or
(ii) the party seeking the stay demonstrates that:
(A) the party seeking the stay will suffer irreparable harm unless the stay is issued;
(B) the threatened injury to the party seeking the stay outweighs whatever damage the
proposed stay is likely to cause the party restrained or enjoined;
(C) the stay, if issued, would not be adverse to the public interest; and
(D) there is a substantial likelihood that the party seeking the stay will prevail on the
merits of the underlying claim, or the case presents serious issues on the merits, which should
be the subject of further adjudication.
(e) A party may appeal the executive director's decision regarding a stay of a permit
order or a financial assurance determination to the Utah Court of Appeals, in accordance with
Section 
78A-4-103
.
(18) (a) Subject to Subsection (18)(c), the administrative law judge shall issue a written
response to a non-dispositive motion within 45 days after the day on which the reply brief on
the non-dispositive motion is due or, if the administrative law judge grants oral argument on
the non-dispositive motion, within 45 days after the day on which oral argument takes place.
(b) If the administrative law judge determines that the administrative law judge needs
more time to issue a response to a non-dispositive motion, the administrative law judge may
issue a response after the deadline described in Subsection (18)(a) if, before the deadline
expires, the administrative law judge gives notice to the parties that includes:
(i) the amount of additional time that the administrative law judge requires; and
(ii) the reason the administrative law judge needs the additional time.
(c) If the administrative law judge grants oral argument on a non-dispositive motion,
the administrative law judge shall hold the oral argument within 30 days after the day on which
the reply brief on the non-dispositive motion is due.
Section 9. Section 
19-1-507
 is amended to read:
19-1-507.
Civil action.
(1) The attorney general or a person may bring a civil action in a court of competent
jurisdiction to seek:
(a) an injunction to enforce [
the
] 
this
 part; and
(b) if the action is brought by the attorney general, a civil penalty not to exceed $500
for each day [
the
] 
this
 part is violated.
(2) In an action brought under this section, a court may:
(a) order injunctive relief;
(b) impose a civil penalty to the extent provided in Subsection (1);
(c) award attorney fees and costs to the attorney general or person who brings the civil
action, if the attorney general or person prevails; or
(d) take a combination of actions under this Subsection (2).
(3) A civil penalty imposed under this section shall be deposited into the General Fund.
Section 10. Section 
19-1-601
 is amended to read:
19-1-601.
Title.
This [
chapter
] 
part
 is known as the "Environmental Mitigation and Response Act."
Section 11. Section 
19-1-602
 is amended to read:
19-1-602.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Environmental mitigation" means an action or activity intended to remedy, reduce,
or offset known negative impacts to the environment.
(2) "Environmental response action" means action taken to prevent, eliminate,
minimize, investigate, monitor, clean up, or remove contaminants in the environment.
(3) "Financial assurance" means a mechanism or instrument intended to provide funds
if necessary to the department to conduct closure, monitoring, or cleanup of a specific facility
or site in accordance with the applicable environmental requirements provided in this title.
(4) "Funding source" means an individual or entity that provides a monetary
contribution to the Environmental Mitigation and Response Fund.
(5) "Natural resource damage" means damages to land, fish, wildlife, biota, air, water,
ground water, drinking water supplies, and other resources that are held in trust for the public
or otherwise controlled by the United States, the state, or local government.
(6) "Unused funds" means the remaining funds from a specific funding source
following the complete implementation of the environmental mitigation or response actions
pursuant to the terms and conditions of the contribution. 
Section 12. Section 
19-2-107
 is amended to read:
19-2-107.
Director -- Appointment -- Powers.
(1) The executive director shall appoint the director. The director shall serve under the
administrative direction of the executive director.
(2) (a) The director shall:
(i) prepare and develop comprehensive plans for the prevention, abatement, and control
of air pollution in Utah;
(ii) advise, consult, and cooperate with other agencies of the state, the federal
government, other states and interstate agencies, and affected groups, political subdivisions,
and industries in furtherance of the purposes of this chapter;
(iii) review plans, specifications, or other data relative to air pollution control
equipment or any part of the air pollution control equipment;
(iv) under the direction of the executive director, represent the state in all matters
relating to interstate air pollution, including interstate compacts and similar agreements;
(v) secure necessary scientific, technical, administrative, and operational services,
including laboratory facilities, by contract or otherwise;
(vi) encourage voluntary cooperation by persons and affected groups to achieve the
purposes of this chapter;
(vii) encourage local units of government to handle air pollution within their respective
jurisdictions on a cooperative basis and provide technical and consulting assistance to them;
(viii) determine by means of field studies and sampling the degree of air contamination
and air pollution in all parts of the state;
(ix) monitor the effects of the emission of air pollutants from motor vehicles on the
quality of the outdoor atmosphere in all parts of Utah and take appropriate responsive action;
(x) collect and disseminate information relating to air contamination and air pollution
and conduct educational and training programs relating to air contamination and air pollution;
(xi) assess and collect noncompliance penalties as required in Section 120 of the
federal Clean Air Act, 42 U.S.C. Section 7420;
(xii) comply with the requirements of federal air pollution laws;
(xiii) subject to the provisions of this chapter, enforce rules through the issuance of
orders, including:
(A) prohibiting or abating discharges of wastes affecting ambient air;
(B) requiring the construction of new control facilities or any parts of new control
facilities or the modification, extension, or alteration of existing control facilities or any parts
of new control facilities; or
(C) adopting other remedial measures to prevent, control, or abate air pollution; and
(xiv) as authorized by the board and subject to the provisions of this chapter, act as
executive secretary of the board under the direction of the chairman of the board.
(b) The director may:
(i) employ full-time, temporary, part-time, and contract employees necessary to carry
out this chapter;
(ii) subject to the provisions of this chapter, authorize an employee or representative of
the department to enter at reasonable [
time
] 
times
 and upon reasonable notice in or upon public
or private property for the purposes of inspecting and investigating conditions and plant records
concerning possible air pollution;
(iii) encourage, participate in, or conduct studies, investigations, research, and
demonstrations relating to air pollution and its causes, effects, prevention, abatement, and
control, as advisable and necessary for the discharge of duties assigned under this chapter,
including the establishment of inventories of pollution sources;
(iv) collect and disseminate information relating to air pollution and the prevention,
control, and abatement of it;
(v) cooperate with studies and research relating to air pollution and its control,
abatement, and prevention;
(vi) subject to Subsection (3), upon request, consult concerning the following with a
person proposing to construct, install, or otherwise acquire an air pollutant source in Utah:
(A) the efficacy of proposed air pollution control equipment for the source; or
(B) the air pollution problem that may be related to the source;
(vii) accept, receive, and administer grants or other funds or gifts from public and
private agencies, including the federal government, for the purpose of carrying out any of the
functions of this chapter;
(viii) subject to Subsection 
19-2-104
(3)(b)(i), settle or compromise a civil action
initiated by the division to compel compliance with this chapter or the rules made under this
chapter; or
(ix) subject to the provisions of this chapter, exercise all incidental powers necessary to
carry out the purposes of this chapter, including certification to state or federal authorities for
tax purposes that air pollution control equipment has been certified in conformity with Title 19,
Chapter 12, Pollution Control Act.
(3) A consultation described in Subsection (2)(b)(vi) does not relieve a person from the
requirements of this chapter, the rules adopted under this chapter, or any other provision of
law.
Section 13. Section 
19-3-105
 is amended to read:
19-3-105.
Definitions -- Legislative and gubernatorial approval required for
radioactive waste license -- Exceptions -- Application for new, renewed, or amended
license.
(1) As used in this section:
(a) "Alternate feed material" has the same definition as provided in Section 
59-24-102
.
(b) "Approval application" means an application by a radioactive waste facility
regulated under this chapter or Title 19, Chapter 5, Water Quality Act, for a permit, license,
registration, certification, or other authorization.
(c) (i) "Class A low-level radioactive waste" means:
(A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
(B) radium-226 up to a maximum radionuclide concentration level of 10,000
picocuries per gram.
(ii) "Class A low-level radioactive waste" does not include:
(A) uranium mill tailings;
(B) naturally occurring radioactive materials; or
(C) the following radionuclides if classified as "special nuclear material" under the
Atomic Energy Act of 1954, 42 U.S.C. 2014:
(I) uranium-233; and
(II) uranium-235 with a radionuclide concentration level greater than the concentration
limits for specific conditions and enrichments established by an order of the Nuclear
Regulatory Commission:
(Aa) to ensure criticality safety for a radioactive waste facility in the state; and
(Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
nuclear material exemption order.
(d) (i) "Radioactive waste facility" or "facility" means a facility that decays radioactive
waste in storage, treats radioactive waste, or disposes of radioactive waste:
(A) commercially for profit; or
(B) generated at locations other than the radioactive waste facility.
(ii) "Radioactive waste facility" does not include a facility that receives:
(A) alternate feed material for reprocessing; or
(B) radioactive waste from a location in the state designated as a processing site under
42 U.S.C. 7912(f).
(e) "Radioactive waste license" or "license" means a radioactive material license issued
by the director [
under Subsection 
19-3-108
(2)(d),
] to own, construct, modify, or operate a
radioactive waste facility.
(2) The provisions of this section are subject to the prohibition under Section
19-3-103.7
.
(3) Subject to Subsection (8), a person may not own, construct, modify, or operate a
radioactive waste facility without:
(a) having received a radioactive waste license for the facility;
(b) meeting the requirements established by rule under Section 
19-3-104
;
(c) the approval of the governing body of the municipality or county responsible for
local planning and zoning where the radioactive waste is or will be located; and
(d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
approval of the governor and the Legislature.
(4) Subject to Subsection (8), a new radioactive waste license application, or an
application to renew or amend an existing radioactive waste license, is subject to the
requirements of Subsections (3)(b) through (d) if the application, renewal, or amendment:
(a) specifies a different geographic site than a previously submitted application;
(b) would cost 50% or more of the cost of construction of the original radioactive
waste facility or the modification would result in an increase in capacity or throughput of a
cumulative total of 50% of the total capacity or throughput which was approved in the facility
license as of January 1, 1990, or the initial approval facility license if the initial license
approval is subsequent to January 1, 1990; or
(c) requests approval to decay radioactive waste in storage, treat radioactive waste, or
dispose of radioactive waste having a higher radionuclide concentration limit than allowed,
under an existing approved license held by the facility, for the specific type of waste to be
decayed in storage, treated, or disposed of.
(5) The requirements of Subsection (4)(c) do not apply to an application to renew or
amend an existing radioactive waste license if:
(a) the radioactive waste facility requesting the renewal or amendment has received a
license prior to January 1, 2004; and
(b) the application to renew or amend its license is limited to a request to approve the
receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
radioactive waste.
(6) A radioactive waste facility that receives a new radioactive waste license after May
3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
application, renewal, or amendment that requests approval to decay radioactive waste in
storage, treat radioactive waste, or dispose of radioactive waste not previously approved under
an existing license held by the facility.
(7) If the board finds that approval of additional radioactive waste license applications,
renewals, or amendments will result in inadequate oversight, monitoring, or licensure
compliance and enforcement of existing and any additional radioactive waste facilities, the
board shall suspend acceptance of further applications for radioactive waste licenses. The
board shall report the suspension to the Legislative Management Committee.
(8) The requirements of Subsections (3)(c) and (d) and Subsection 
19-3-104
(10) do not
apply to:
(a) a radioactive waste license that is in effect on December 31, 2006, including all
amendments to the license that have taken effect as of December 31, 2006;
(b) a license application for a facility in existence as of December 31, 2006, unless the
license application includes an area beyond the facility boundary approved in the license
described in Subsection (8)(a); or
(c) an application to renew or amend a license described in Subsection (8)(a), unless
the renewal or amendment includes an area beyond the facility boundary approved in the
license described in Subsection (8)(a).
(9) (a) The director shall review an approval application to determine whether the
application complies with the requirements of this chapter and the rules of the board.
(b) Within 60 days after the day on which the director receives an approval application
described in Subsection (10)(a)(ii) or (iii), the director shall:
(i) determine whether the application is complete and contains all the information
necessary to process the application for approval; and
(ii) (A) issue a notice of completeness to the applicant; or
(B) issue a notice of deficiency to the applicant and list the additional information
necessary to complete the application.
(c) The director shall review information submitted in response to a notice of
deficiency within 30 days after the day on which the director receives the information.
(10) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) categorize approval applications as follows:
(i) approval applications that:
(A) are administrative in nature;
(B) require limited scrutiny by the director; and
(C) do not require public input;
(ii) approval applications that:
(A) require substantial scrutiny by the director;
(B) require public input; and
(C) are not described in Subsection (10)(a)(iii); and
(iii) approval applications for:
(A) the granting or renewal of a radioactive waste license;
(B) the granting or renewal of a groundwater permit issued by the director for a
radioactive waste facility;
(C) an amendment to a radioactive waste license, or a groundwater permit, that allows
the design and approval of a new disposal cell;
(D) an amendment to a radioactive waste license or groundwater discharge permit for a
radioactive waste facility to eliminate groundwater monitoring; and
(E) a radioactive waste facility closure plan;
(b) provide time periods for the director to review, and approve or deny, an application
described in Subsection (10)(a) as follows:
(i) for applications categorized under Subsection (10)(a)(i), within 30 days after the day
on which the director receives the application;
(ii) for applications categorized under Subsection (10)(a)(ii), within 180 days after the
day on which the director receives the application;
(iii) for applications categorized under Subsection (10)(a)(iii), as follows:
(A) for a new radioactive waste license, within 540 days after the day on which the
director receives the application;
(B) for a new groundwater permit issued by the director for a radioactive waste facility
consistent with the provisions of Title 19, Chapter 5, Water Quality Act, within 540 days after
the day on which the director receives the application;
(C) for a radioactive waste license renewal, within 365 days after the day on which the
director receives the application;
(D) for a groundwater permit renewal issued by the director for a radioactive waste
facility, within 365 days after the day on which the director receives the application;
(E) for an amendment to a radioactive waste license, or a groundwater permit, that
allows the design and approval of a new disposal cell, within 365 days after the day on which
the director receives the application;
(F) for an amendment to a radioactive waste license, or a groundwater discharge
permit, for a radioactive waste facility to eliminate groundwater monitoring, within 365 days
after the day on which the director receives the application; and
(G) for a radioactive waste facility closure plan, within 365 days after the day on which
the director receives the application;
(c) toll the time periods described in Subsection (10)(b):
(i) while an owner or operator of a facility responds to the director's request for
information;
(ii) during a public comment period; or
(iii) while the federal government reviews the application; and
(d) require the director to prepare a detailed written explanation of the basis for the
director's approval or denial of an approval application.
Section 14. Section 
19-3-301
 is amended to read:
19-3-301.
Restrictions on nuclear waste placement in state.
(1) The placement, including transfer, storage, decay in storage, treatment, or disposal,
within the exterior boundaries of Utah of high-level nuclear waste or greater than class C
radioactive waste is prohibited.
(2) Notwithstanding Subsection (1) the governor, after consultation with the county
executive and county legislative body of the affected county and with concurrence of the
Legislature, may specifically approve the placement as provided in this part, but only if:
(a) (i) the federal Nuclear Regulatory Commission issues a license, pursuant to the
Nuclear Waste Policy Act, 42 U.S.C.A. 10101 et seq., or the Atomic Energy Act, 42 U.S.C.A.
2011 et seq., for the placement within the exterior boundaries of Utah of high-level nuclear
waste or greater than class C radioactive waste; and
(ii) the authority of the federal Nuclear Regulatory Commission to grant a license
under Subsection (2)(a)(i) is clearly upheld by a final judgment of a court of competent
jurisdiction; or
(b) an agency of the federal government is transporting the waste, and all state and
federal requirements to proceed with the transportation have been met.
(3) The requirement for the approval of a final court of competent jurisdiction shall be
met in all of the following categories, in order for a state license proceeding regarding waste to
begin:
(a) transfer or transportation, by rail, truck, or other mechanisms;
(b) storage, including any temporary storage at a site away from the generating reactor;
(c) decay in storage;
(d) treatment; and
(e) disposal.
(4) (a) Upon satisfaction of the requirements of Subsection (2)(a), for each category
listed in Subsection (3), or satisfaction of the requirements under Subsection (2)(b), the
governor, with the concurrence of the attorney general, shall certify in writing to the executive
director of the Department of Environmental Quality that all of the requirements have been
met, and that any necessary state licensing processes may begin.
(b) Separate certification under this Subsection (4) shall be given for each category in
Subsection (3).
(5) (a) The department shall make, by rule, a determination of the dollar amount of the
health and economic costs expected to result from a reasonably foreseeable accidental release
of waste involving a transfer facility or storage facility, or during transportation of waste,
within the exterior boundaries of the state. The department may initiate rulemaking under this
Subsection (5)(a) on or after March 15, 2001.
(b) (i) The department shall also determine the dollar amount currently available to
cover the costs as determined in Subsection (5)(a):
(A) under nuclear industry self-insurance;
(B) under federal insurance requirements; and
(C) in federal money.
(ii) The department may not include any calculations of federal money that may be
appropriated in the future in determining the amount under Subsection (5)(b)(i).
(c) The department shall use the information compiled under Subsections (5)(a) and (b)
to determine the amount of unfunded potential liability in the event of a release of waste from a
storage or transfer facility, or a release during the transportation of waste.
(6) (a) State agencies may not, for the purpose of providing any goods, services, or
municipal-type services to a storage facility or transfer facility, or to any organization engaged
in the transportation of waste, enter into any contracts or any other agreements prior to:
(i) the satisfaction of the conditions in Subsection (4); and
(ii) the executive director of the department having certified that the requirements of
Sections 
19-3-304
 through 
19-3-308
 have been met for the purposes of a license application
proceeding for a storage facility or transfer facility.
(b) Political subdivisions of the state may not enter into any contracts or any other
agreements for the purpose of providing any goods, services, or municipal-type services to a
storage facility or transfer facility, or to any organization engaged in the transportation of
waste.
(c) This Subsection (6) does not prohibit a state agency from exercising the regulatory
authority granted to it by law.
(7) (a) Notwithstanding any other provision of law, any political subdivision may not
be formed pursuant to the laws of Utah for the purpose of providing any goods, services, or
municipal-type services to a storage facility or transfer facility prior to the satisfaction of the
conditions in Subsection (4). These political subdivisions include:
(i) a cooperative;
(ii) a local district authorized by Title 17B, Limited Purpose Local Government
Entities - Local Districts;
(iii) a special service district under Title 17D, Chapter 1, Special Service District Act;
(iv) a limited purpose local governmental [
entities
] 
entity
 authorized by Title 17,
Counties;
(v) any joint power agreement authorized by Title 11, Cities, Counties, and Local
Taxing Units; and
(vi) the formation of a municipality, or any authority of a municipality authorized by
Title 10, Utah Municipal Code.
(b) (i) Subsection (7)(a) shall be strictly interpreted. Any political subdivision
authorized and formed under the laws of the state on or after March 15, 2001, which
subsequently contracts to, or in any manner agrees to provide, or does provide goods, services,
or municipal-type services to a storage facility or transfer facility is formed in violation of
Subsection (7)(a).
(ii) If the conditions of Subsection (7)(b)(i) apply, the persons who formed the political
subdivision are considered to have knowingly violated a provision of this part, and the
penalties of Section 
19-3-312
 apply.
(8) (a) An organization may not be formed for the purpose of providing any goods,
services, or municipal-type services to a storage facility or transfer facility prior to:
(i) the satisfaction of the conditions in Subsection (4); and
(ii) the executive director of the department having certified that the requirements of
Sections 
19-3-304
 through 
19-3-308
 have been met.
(b) A foreign organization may not be registered to do business in the state for the
purpose of providing any goods, services, or municipal-type services to a storage facility or
transfer facility prior to:
(i) the satisfaction of the conditions in Subsection (4); and
(ii) the executive director of the department having certified that the requirements of
Sections 
19-3-304
 through 
19-3-308
 have been met.
(c) The prohibitions of Subsections (8)(a) and (b) shall be strictly applied, and:
(i) the formation of a new organization or registration of a foreign organization within
the state, any of whose purposes are to provide goods, services, or municipal-type services to a
storage facility or transfer facility may not be licensed or registered in the state, and the local or
foreign organization is void and does not have authority to operate within the state;
(ii) any organization which is formed or registered on or after March 15, 2001, and
which subsequently contracts to, or in any manner agrees to provide, or does provide goods,
services, or municipal-type services to a storage facility or transfer facility has been formed or
registered in violation of Subsection (8)(a) or (b) respectively; and
(iii) if the conditions of Subsection (8)(c)(ii) apply, the persons who formed the
organization or the principals of the foreign organization, are considered to have knowingly
violated a provision of this part, and are subject to the penalties in Section 
19-3-312
.
(9) (a) (i) Any contract or agreement to provide any goods, services, or municipal-type
services to any organization engaging in, or attempting to engage in the placement of high-level
nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility
within the state are declared to be against the greater public interest, health, and welfare of the
state, by promoting an activity which has the great potential to cause extreme public harm.
(ii) These contracts or agreements under Subsection (9)(a)(i), whether formal or
informal, are declared to be void from inception, agreement, or execution as against public
policy.
(b) (i) Any contract or other agreement to provide goods, services, or municipal-type
services to storage or transfer facilities may not be executed within the state.
(ii) Any contract or other agreement, existing or executed on or after March 15, 2001,
is considered void from the time of agreement or execution.
(10) (a) All contracts and agreements under Subsection (10)(b) are assessed an annual
transaction fee of 75% of the gross value of the contract to the party providing the goods,
services, or municipal-type services to the storage facility or transfer facility or transportation
entity. The fee shall be assessed per calendar year, and is payable on a prorated basis on or
before the last day of each month in accordance with rules established under Subsection
(10)(d), and as follows:
(i) 25% of the gross value of the contract to the department; and
(ii) 50% of the gross value of the contract to the Department of Heritage and Arts, to be
used by the Utah Division of Indian Affairs as provided in Subsection (11).
(b) Contracts and agreements subject to the fee under Subsection (10)(a) are those
contracts and agreements to provide goods, services, or municipal-type services to a storage or
transfer facility, or to any organization engaged in the transportation of high-level nuclear
waste or greater than class C radioactive waste to a transfer facility or storage facility, and
which:
(i) are in existence on March 15, 2001; or
(ii) become effective notwithstanding Subsection (9)(a).
(c) Any governmental agency which regulates the charges to consumers for services
provided by utilities or other organizations shall require the regulated utility or organization to
include the fees under Subsection (10)(a) in the rates charged to the purchaser of the goods,
services, or municipal-type services affected by Subsection (10)(b).
(d) (i) The department, in consultation with the State Tax Commission, shall establish
rules for the valuation of the contracts and assessment and collection of the fees, and other
rules as necessary to determine the amount of and collection of the fee under Subsection
(10)(a). The department may initiate rulemaking under this Subsection (10)(d)(i) on or after
March 15, 2001.
(ii) Persons and organizations holding contracts affected by Subsection (10)(b) shall
make a good faith estimate of the fee under Subsection (10)(a) for calendar year 2001, and
remit that amount to the department on or before July 31, 2001.
(11) (a) The portion of the fees imposed under Subsection (10) which is to be paid to
the Department of Heritage and Arts for use by the Utah Division of Indian Affairs shall be
used for establishment of a statewide community and economic development program for the
tribes of Native American people within the exterior boundaries of the state who have by tribal
procedure established a position rejecting siting of any nuclear waste facility on their
reservation lands.
(b) The program under Subsection (11)(a) shall include:
(i) educational services and facilities;
(ii) health care services and facilities;
(iii) programs of economic development;
(iv) utilities;
(v) sewer;
(vi) street lighting;
(vii) roads and other infrastructure; and
(viii) oversight and staff support for the program.
(12) It is the intent of the Legislature that this part does not prohibit or interfere with a
person's exercise of the rights under the First Amendment to the Constitution of the United
States or under Utah Constitution Article I, Sec. 15, by an organization attempting to site a
storage facility or transfer facility within the borders of the state for the placement of high-level
nuclear waste or greater than class C radioactive waste.
Section 15. Section 
19-5-107
 is amended to read:
19-5-107.
Discharge of pollutants unlawful -- Discharge permit required.
(1) (a) Except as provided in this chapter or rules made under it, it is unlawful for any
person to discharge a pollutant into waters of the state or to cause pollution which constitutes a
menace to public health and welfare, or is harmful to wildlife, fish
,
 or aquatic life, or impairs
domestic, agricultural, industrial, recreational, or other beneficial uses of water, or to place or
cause to be placed any [
wastes
] 
waste
 in a location where there is probable cause to believe it
will cause pollution.
(b) For purposes of injunctive relief, any violation of this subsection is a public
nuisance.
(2) (a) A person may not generate, store, treat, process, use, transport, dispose, or
otherwise manage sewage sludge, except in compliance with this chapter and rules made under
it.
(b) For purposes of injunctive relief, any violation of this subsection is a public
nuisance.
(3) It is unlawful for any person, without first securing a permit from the director, to:
(a) make any discharge or manage sewage sludge not authorized under an existing
valid discharge permit; or
(b) construct, install, modify, or operate any treatment works or part of any treatment
works or any extension or addition to any treatment works, or construct, install, or operate any
establishment or extension or modification of or addition to any treatment works, the operation
of which would probably result in a discharge.
Section 16. Section 
19-6-102.1
 is amended to read:
19-6-102.1.
Treatment and disposal -- Exclusions.
As used in Subsections 
19-6-104
(3)(e)(ii)(B), 
19-6-108
(3)(b), 
19-6-108
(3)(c)(ii)(B),
and
19-6-119
(1)(a), [
and 
19-3-103.5
(2)(f)(i) and (ii),
] the term "treatment and disposal"
specifically excludes the recycling, use, reuse, or reprocessing of fly ash waste, bottom ash
waste, slag waste, or flue gas emission control waste generated primarily from the combustion
of coal or other fossil fuels; waste from the extraction, beneficiation, and processing of ores
and minerals; or cement kiln dust, including recycle, reuse, use, or reprocessing for road
sanding, sand blasting, road construction, railway ballast, construction fill, aggregate, and other
construction-related purposes.
Section 17. Section 
19-6-105
 is amended to read:
19-6-105.
Rules of board.
(1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a) establishing minimum standards for protection of human health and the
environment, for the storage, collection, transport, transfer, recovery, treatment, and disposal of
solid waste, including requirements for the approval by the director of plans for the
construction, extension, operation, and closure of solid waste disposal sites;
(b) identifying wastes which are determined to be hazardous, including wastes
designated as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of
1976, 42 U.S.C., Sec. 6921, et seq.;
(c) governing generators and transporters of hazardous wastes and owners and
operators of hazardous waste treatment, storage, and disposal facilities, including requirements
for keeping records, monitoring, submitting reports, and using a manifest, without treating
high-volume wastes such as cement kiln dust, mining wastes, utility waste, gas and oil drilling
muds, and oil production brines in a manner more stringent than they are treated under federal
standards;
(d) requiring an owner or operator of a treatment, storage, or disposal facility that is
subject to a plan approval under Section 
19-6-108
 or which received waste after July 26, 1982,
to take appropriate corrective action or other response measures for releases of hazardous waste
or hazardous waste constituents from the facility, including releases beyond the boundaries of
the facility;
(e) specifying the terms and conditions under which the director shall approve,
disapprove, revoke, or review hazardous wastes operation plans;
(f) governing public hearings and participation under this part;
(g) establishing standards governing underground storage tanks, in accordance with
Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
(h) relating to the collection, transportation, processing, treatment, storage, and
disposal of infectious waste in health facilities in accordance with the requirements of Section
19-6-106
;
(i) defining closure plans as major or minor;
(j) defining modification plans as major or minor; and
(k) prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or
organic waste substance of any kind to be thrown, or remain upon or in any street, road, ditch,
canal, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring, or
well.
(2) If any of the following are determined to be hazardous waste and are therefore
subjected to the provisions of this part, the board shall, in the case of landfills or surface
impoundments that receive the solid wastes, take into account the special characteristics of the
wastes, the practical difficulties associated with applying requirements for other wastes to the
wastes, and [
site specific
] 
site-specific
 characteristics, including the climate, geology,
hydrology, and soil chemistry at the site, if the modified requirements assure protection of
human health and the environment and are no more stringent than federal standards applicable
to [
wastes
] 
waste
:
(a) solid waste from the extraction, beneficiation, or processing of ores and minerals,
including phosphate rock and overburden from the mining of uranium;
(b) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
generated primarily from the combustion of coal or other fossil fuels; and
(c) cement kiln dust waste.
(3) The board shall establish criteria for siting commercial hazardous waste treatment,
storage, and disposal facilities, including commercial hazardous waste incinerators. Those
criteria shall apply to any facility or incinerator for which plan approval is required under
Section 
19-6-108
.
Section 18. Section 
19-6-402
 is amended to read:
19-6-402.
Definitions.
As used in this part:
(1) "Abatement action" means action taken to limit, reduce, mitigate, or eliminate:
(a) a release from an underground storage tank or petroleum storage tank; or
(b) the damage caused by that release.
(2) "Board" means the Waste Management and Radiation Control Board created in
Section 
19-1-106
.
(3) "Bodily injury" means bodily harm, sickness, disease, or death sustained by a
person.
(4) "Certificate of compliance" means a certificate issued to a facility by the director:
(a) demonstrating that an owner or operator of a facility containing one or more
petroleum storage tanks has met the requirements of this part; and
(b) listing all tanks at the facility, specifying:
(i) which tanks may receive petroleum; and
(ii) which tanks have not met the requirements for compliance.
(5) "Certificate of registration" means a certificate issued to a facility by the director
demonstrating that an owner or operator of a facility containing one or more underground
storage tanks has:
(a) registered the tanks; and
(b) paid the annual underground storage tank fee.
(6) (a) "Certified underground storage tank consultant" means a person who:
(i) for a fee, or in connection with services for which a fee is charged, provides or
contracts to provide information, opinions, or advice relating to underground storage tank
release:
(A) management;
(B) abatement;
(C) investigation;
(D) corrective action; or
(E) evaluation;
(ii) has submitted an application to the director;
(iii) received a written statement of certification from the director; and
(iv) meets the education and experience standards established by the board under
Subsection 
19-6-403
(1)(a)(vii).
(b) "Certified underground storage tank consultant" does not include:
(i) (A) an employee of the owner or operator of the underground storage tank; or
(B) an employee of a business operation that has a business relationship with the owner
or operator of the underground storage tank, and markets petroleum products or manages
underground storage tanks; or
(ii) a person licensed to practice law in this state who offers only legal advice on
underground storage tank release:
(A) management;
(B) abatement;
(C) investigation;
(D) corrective action; or
(E) evaluation.
(7) "Closed" means an underground storage tank no longer in use that has been:
(a) emptied and cleaned to remove all liquids and accumulated sludges; and
(b) (i) removed from the ground; or
(ii) filled with an inert solid material.
(8) "Corrective action plan" means a plan for correcting a release from a petroleum
storage tank that includes provisions for any of the following:
(a) cleanup or removal of the release;
(b) containment or isolation of the release;
(c) treatment of the release;
(d) correction of the cause of the release;
(e) monitoring and maintenance of the site of the release;
(f) provision of alternative water supplies to a person whose drinking water has
become contaminated by the release; or
(g) temporary or permanent relocation, whichever is determined by the director to be
more cost-effective, of a person whose dwelling has been determined by the director to be no
longer habitable due to the release.
(9) "Costs" means money expended for:
(a) investigation;
(b) abatement action;
(c) corrective action;
(d) judgments, awards, and settlements for bodily injury or property damage to third
parties;
(e) legal and claims adjusting costs incurred by the state in connection with judgments,
awards, or settlements for bodily injury or property damage to third parties; or
(f) costs incurred by the state risk manager in determining the actuarial soundness of
the fund.
(10) "Covered by the fund" means the requirements of Section 
19-6-424
 have been
met.
(11) "Director" means the director of the Division of Environmental Response and
Remediation.
(12) "Division" means the Division of Environmental Response and Remediation,
created in Subsection 
19-1-105
(1)(c).
(13) "Dwelling" means a building that is usually occupied by a person lodging there at
night.
(14) "Enforcement proceedings" means a civil action or the procedures to enforce
orders established by Section 
19-6-425
.
(15) "Facility" means all underground storage tanks located on a single parcel of
property or on any property adjacent or contiguous to that parcel.
(16) "Fund" means the Petroleum Storage Tank Trust Fund created in Section
19-6-409
.
(17) "Operator" means a person in control of or who is responsible on a daily basis for
the maintenance of an underground storage tank that is in use for the storage, use, or dispensing
of a regulated substance.
(18) "Owner" means:
(a) in the case of an underground storage tank in use on or after November 8, 1984, a
person who owns an underground storage tank used for the storage, use, or dispensing of a
regulated substance; and
(b) in the case of an underground storage tank in use before November 8, 1984, but not
in use on or after November 8, 1984, a person who owned the tank immediately before the
discontinuance of its use for the storage, use, or dispensing of a regulated substance.
(19) "Petroleum" includes crude oil or a fraction of crude oil that is liquid at:
(a) 60 degrees Fahrenheit; and
(b) a pressure of 14.7 pounds per square inch absolute.
(20) "Petroleum storage tank" means a tank that:
(a) (i) is underground;
(ii) is regulated under Subtitle I of the Resource Conservation and Recovery Act, 42
U.S.C. Sec. 6991c, et seq.; and
(iii) contains petroleum; or
(b) the owner or operator voluntarily submits for participation in the Petroleum Storage
Tank Trust Fund under Section 
19-6-415
.
(21) "Petroleum Storage Tank Restricted Account" means the account created in
Section 
19-6-405.5
.
(22) "Program" means the Environmental Assurance Program under Section
19-6-410.5
.
(23) "Property damage" means physical injury to, destruction of, or loss of use of
tangible property.
(24) (a) "Regulated substance" means petroleum and petroleum-based substances
comprised of a complex blend of hydrocarbons derived from crude oil through processes of
separation, conversion, upgrading, and finishing.
(b) "Regulated substance" includes motor fuels, jet fuels, distillate fuel oils, residual
fuel oils, lubricants, petroleum solvents, and used oils.
(25) (a) "Release" means spilling, leaking, emitting, discharging, escaping, leaching, or
disposing a regulated substance from an underground storage tank or petroleum storage tank.
(b) A release of a regulated substance from an underground storage tank or petroleum
storage tank is considered a single release from that tank system.
(26) (a) "Responsible party" means a person who:
(i) is the owner or operator of a facility;
(ii) owns or has legal or equitable title in a facility or an underground storage tank;
(iii) owned or had legal or equitable title in a facility at the time petroleum was
received or contained at the facility;
(iv) operated or otherwise controlled activities at a facility at the time petroleum was
received or contained at the facility; or
(v) is an underground storage tank installation company.
(b) "Responsible party" is as defined in Subsections (26)(a)(i), (ii), and (iii) does not
include:
(i) a person who is not an operator and, without participating in the management of a
facility and otherwise not engaged in petroleum production, refining, and marketing, holds
indicia of ownership:
(A) primarily to protect the person's security interest in the facility; or
(B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an
employee benefit plan; or
(ii) governmental ownership or control of property by involuntary transfers as provided
in CERCLA Section 101(20)(D), 42 U.S.C. Sec. 9601(20)(D).
(c) The exemption created by Subsection (26)(b)(i)(B) does not apply to actions taken
by the state or its officials or agencies under this part.
(d) The terms and activities "indicia of ownership," "primarily to protect a security
interest," "participation in management," and "security interest" under this part are in
accordance with 40 C.F.R. Part 280, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9).
(e) The terms "participate in management" and "indicia of ownership" as defined in 40
C.F.R. Part 280, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9) include and apply to
the fiduciaries listed in Subsection (26)(b)(i)(B).
(27) "Soil test" means a test, established or approved by board rule, to detect the
presence of petroleum in soil.
(28) "State cleanup appropriation" means money appropriated by the Legislature to the
department to fund the investigation, abatement, and corrective action regarding releases not
covered by the fund.
(29) "Underground storage tank" means a tank regulated under Subtitle I, Resource
Conservation and Recovery Act, 42 U.S.C. Sec. 6991c, et seq., including:
(a) a petroleum storage tank;
(b) underground pipes and lines connected to a storage tank;
(c) underground ancillary equipment;
(d) a containment system; and
(e) each compartment of a multi-compartment storage tank.
(30) "Underground storage tank installation company" means a person, firm,
partnership, corporation, governmental entity, association, or other organization [
who
] 
that
installs underground storage tanks.
(31) "Underground storage tank installation company permit" means a permit issued to
an underground storage tank installation company by the director.
(32) "Underground storage tank technician" means a person employed by and acting
under the direct supervision of a certified underground storage tank consultant to assist in
carrying out the functions described in Subsection (6)(a).
Section 19. Section 
19-6-503
 is amended to read:
19-6-503.
Powers and duties of public entities.
(1) Subject to the powers and rules of the department and except as provided by
Section 
19-6-507
, a governing body of a public entity may:
(a) supervise and regulate the collection, transportation, and disposition of solid waste
generated within its jurisdiction;
(b) provide a solid waste management facility to adequately handle solid waste
generated or existing within or without its jurisdiction;
(c) assume, by agreement, responsibility for the collection and disposition of solid
waste whether generated within or without its jurisdiction;
(d) enter into a short- or long-term interlocal agreement to provide for or operate a
solid waste management facility with:
(i) another public entity;
(ii) a public agency, as defined in Section 
11-13-103
;
(iii) a private person; or
(iv) a combination of persons listed in Subsections (1)(d)(i) through (iii);
(e) levy and collect a tax, fee, or charge or require a license as may be appropriate to
discharge its responsibility for the acquisition, construction, operation, maintenance, and
improvement of a solid waste management facility, including licensing a private collector
operating within its jurisdiction;
(f) require that solid waste generated within its jurisdiction be delivered to a solid
waste management facility;
(g) control the right to collect, transport, and dispose of solid waste generated within its
jurisdiction;
(h) agree that, according to Section 
19-6-505
, the exclusive right to collect, transport,
and dispose of solid waste within its jurisdiction may be assumed by:
(i) another public entity;
(ii) a private person; or
(iii) a combination of persons listed in Subsections (1)(h)(i) through (ii);
(i) accept and disburse funds derived from a federal or state grant, a private source, or
money that may be appropriated by the Legislature for the acquisition, construction, ownership,
operation, maintenance, and improvement of a solid waste management facility;
(j) contract for the lease or purchase of land, a facility, or a vehicle for the operation of
a solid waste management facility;
(k) establish one or more policies for the operation of a solid waste management
facility, including:
(i) hours of operation;
(ii) character and kind of wastes accepted at a disposal site; and
(iii) [
another
] 
any other
 policy necessary for the safety of the operating personnel;
(l) sell or contract for the sale, according to a short or long-term agreement, of usable
material, energy, fuel, or heat separated, extracted, recycled, or recovered from solid waste in a
solid waste management facility, on terms in its best interest;
(m) pledge, assign, or otherwise convey as security for the payment of bonds, revenues
and receipts derived from the sale or contract or from the operation and ownership of a solid
waste management facility or an interest in it;
(n) issue a bond according to Title 11, Chapter 14, Local Government Bonding Act;
(o) issue industrial development revenue bonds according to Title 11, Chapter 17, Utah
Industrial Facilities and Development Act, to pay the costs of financing a project consisting of
a solid waste management facility on behalf of an entity that constitutes the users of a solid
waste management facility project within the meaning of Section 
11-17-2
;
(p) agree to construct and operate or to provide for the construction and operation of a
solid waste management facility project, which project manages the solid waste of a public
entity or private person, according to one or more contracts and other arrangements provided
for in a proceeding according to which a bond is issued; and
(q) issue a bond to pay the cost of establishing reserves to pay principal and interest on
the bonds as provided for in the proceedings according to which the bonds are issued.
(2) The power to issue a bond under this section is in addition to the power to issue a
bond under Title 11, Chapter 17, Utah Industrial Facilities and Development Act.
Section 20. Section 
19-6-706
 is amended to read:
19-6-706.
Disposal of used oil -- Prohibitions.
(1) (a) Except as authorized by the director, or by rule of the board, or as exempted in
this section, a person may not place, discard, or otherwise dispose of used oil:
(i) in any solid waste treatment, storage, or disposal facility operated by a political
subdivision or a private entity, except as authorized for the disposal of used oil that is
hazardous waste under state law;
(ii) in sewers, drainage systems, septic tanks, surface or ground waters, watercourses,
or any body of water; or
(iii) on the ground.
(b) A person who unknowingly disposes of used oil in violation of Subsection (1)(a)(i)
is not guilty of a violation of this section.
(2) (a) A person may dispose of an item or substance that contains de minimis amounts
of oil in disposal facilities under Subsection (1)(a)(i) if:
(i) to the extent reasonably possible all oil has been removed from the item or
substance; and
(ii) no free flowing oil remains in the item or substance.
(b) (i) A nonterne plated used oil filter complies with this section if it is not mixed with
hazardous waste and the oil filter has been gravity hot-drained by one of the following
methods:
(A) puncturing the filter antidrain back valve or the filter dome end and gravity
hot-draining;
(B) gravity hot-draining and crushing;
(C) dismantling and gravity hot-draining; or
(D) any other equivalent gravity hot-draining method that will remove used oil from
the filter at least as effectively as the methods listed in this Subsection (2)(b)(i).
(ii) As used in this Subsection (2), "gravity hot-drained" means drained for not less
than 12 hours near operating temperature but above 60 degrees Fahrenheit.
(iii) This Subsection (2) does not require a person who recycles an engine block to
drain a used oil filter or remove a used oil filter from that engine block.
(3) A person may not mix or commingle used oil with the following substances, except
as incidental to the normal course of processing, mechanical, or industrial operations:
(a) solid waste that is to be disposed of in any solid waste treatment, storage, or
disposal facility, except as authorized by the director under this chapter; or
(b) any hazardous waste so the resulting mixture may not be recycled or used for
[
other
] 
another
 beneficial purpose as authorized under this part.
(4) (a) This section does not apply to releases to land or water of de minimis quantities
of used oil, except:
(i) the release of de minimis quantities of used oil is subject to any regulation or
prohibition under the authority of the department; and
(ii) the release of de minimis quantities of used oil is subject to any rule made by the
board under this part prohibiting the release of de minimis quantities of used oil to the land or
water from tanks, pipes, or other equipment in which used oil is processed, stored, or otherwise
managed by used oil handlers, except wastewater under Subsection 
19-6-708
(2)(j).
(b) As used in this Subsection (4), "de minimis quantities of used oil:"
(i) means small spills, leaks, or drippings from pumps, machinery, pipes, and other
similar equipment during normal operations; and
(ii) does not include used oil discarded as a result of abnormal operations resulting in
substantial leaks, spills, or other releases.
(5) Used oil may not be used for road oiling, dust control, weed abatement, or other
similar uses that have the potential to release used oil in the environment, except in compliance
with Section 
19-6-711
 and board rule.
(6) (a) (i) Facilities in existence on July 1, 1993, and subject to this section may apply
to the director for an extension of time beyond that date to meet the requirements of this
section.
(ii) The director may grant an extension of time beyond July 1, 1993, upon a finding of
need under Subsection (6)(b) or (c).
(iii) The total of all extensions of time granted to one applicant under this Subsection
(6)(a) may not extend beyond January 1, 1995.
(b) The director upon receipt of a request for an extension of time may request from the
facility any information the director finds reasonably necessary to evaluate the need for an
extension. This information may include:
(i) why the facility is unable to comply with the requirements of this section on or
before July 1, 1993;
(ii) the processes or functions which prevent compliance on or before July 1, 1993;
(iii) measures the facility has taken and will take to achieve compliance; and
(iv) a proposed compliance schedule, including a proposed date for being in
compliance with this section.
(c) Additional extensions of time may be granted by the director upon application by
the facility and a showing by the facility that:
(i) the additional extension is reasonably necessary; and
(ii) the facility has made a diligent and good faith effort to comply with this section
within the time frame of the prior extension.
Section 21. Section 
20A-2-201
 is amended to read:
20A-2-201.
Registering to vote at office of county clerk.
(1) Except as provided in Subsection (3), the county clerk shall register to vote each
individual who registers in person at the county clerk's office during designated office hours if
the individual will, on the date of the election, be legally eligible to vote in a voting precinct in
the county in accordance with Section 
20A-2-101
.
(2) If an individual who is registering to vote submits a registration form in person at
the office of the county clerk during designated office hours, during the period beginning on
the date after the voter registration deadline and ending on the date that is 15 calendar days
before the date of the election, the county clerk shall:
(a) accept the form if the individual, on the date of the election, will be legally
qualified and entitled to vote in a voting precinct in the county; and
(b) inform the individual that the individual will be registered to vote in the pending
election.
(3) If an individual who is registering to vote and who will be legally qualified and
entitled to vote in a voting precinct in the county on the date of an election appears in person,
during designated office hours, and submits a registration form on the date of the election or
during the 14 calendar days before an election, the county clerk shall:
(a) accept the registration form; and
(b) (i) if it is seven or more calendar days before the date of an election:
(A) inform the individual that the individual is registered to vote in the pending
election; and
(B) for the pending election, the individual must vote on the day of the election and is
not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
individual registered too late; or
(ii) [
except as provided in Subsection 
20A-4-108
(5),
] if it is on the date of an election
or during the six calendar days before an election, inform the individual that the individual will
be registered to vote but may not vote in the pending election because the individual registered
too late.
Section 22. Section 
20A-3-601
 is amended to read:
20A-3-601.
Early voting.
(1) [
(a)
] An individual who is registered to vote may vote before the election date in
accordance with this section.
[
(b) An individual who is not registered to vote may register to vote and vote before the
election date in accordance with this section if the individual:
]
[
(i) is otherwise legally entitled to vote the ballot in a jurisdiction that is approved by
the lieutenant governor to participate in the pilot project described in Section 
20A-4-108
; and
]
[
(ii) casts a provisional ballot in accordance with Section 
20A-4-108
.
]
(2) Except as provided in Section 
20A-1-308
 or Subsection (3), the early voting period
shall:
(a) begin on the date that is 14 days before the date of the election; and
(b) continue through the Friday before the election if the election date is a Tuesday.
(3) An election officer may extend the end of the early voting period to the day before
the election date if the election officer provides notice of the extension in accordance with
Section 
20A-3-604
.
(4) Except as provided in Section 
20A-1-308
, during the early voting period, the
election officer:
(a) for a local special election, a municipal primary election, and a municipal general
election:
(i) shall conduct early voting on a minimum of four days during each week of the early
voting period; and
(ii) shall conduct early voting on the last day of the early voting period; and
(b) for all other elections:
(i) shall conduct early voting on each weekday; and
(ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
(5) Except as specifically provided in this Part 6, Early Voting, or Section 
20A-1-308
,
early voting shall be administered according to the requirements of this title.
Section 23. Section 
20A-4-103
 is amended to read:
20A-4-103.
Preparing ballot sheets for the counting center.
(1) (a) In voting precincts using ballot sheets, as soon as the polls have been closed and
the last qualified voter has voted, the poll workers shall prepare the ballot sheets for delivery to
the counting center as provided in this section.
(b) The poll workers, election officers, and other persons may not manually count any
votes before delivering the ballots to the counting center.
(2) The poll workers shall:
(a) place all of the provisional ballot envelopes in the envelope or container provided
for them for return to the counting center; and
(b) seal that envelope or container.
(3) (a) The poll workers shall check each secrecy envelope to see if [
either
] 
the
envelope
 contains any write-in votes.
(b) If a secrecy envelope does not contain any write-in votes, the poll workers shall
remove the ballot sheet from the secrecy envelope.
(c) If a secrecy envelope contains any write-in votes, the poll workers may not separate
the ballot sheet from the secrecy envelope.
(4) The poll workers shall place:
(a) the voted ballot sheets and one copy of the statement of disposition of ballots in the
transfer case;
(b) the other copy of the statement of disposition of ballots, the pollbook, any
unprocessed absentee ballots, the poll workers' pay vouchers, the official register, and the
spoiled ballot envelope in the carrier envelope provided; and
(c) the other election materials in the election supply box.
Section 24. Section 
20A-4-107
 is amended to read:
20A-4-107.
Review and disposition of provisional ballot envelopes.
(1) As used in this section, a person is "legally entitled to vote" if:
(a) the person:
(i) is registered to vote in the state;
(ii) votes the ballot for the voting precinct in which the person resides; and
(iii) provides valid voter identification to the poll worker;
(b) the person:
(i) is registered to vote in the state;
(ii) (A) provided valid voter identification to the poll worker; or
(B) either failed to provide valid voter identification or the documents provided as
valid voter identification were inadequate and the poll worker recorded that fact in the official
register but the county clerk verifies the person's identity and residence through some other
means; and
(iii) did not vote in the person's precinct of residence, but the ballot that the person
voted was from the person's county of residence and includes one or more candidates or ballot
propositions on the ballot voted in the person's precinct of residence; or
(c) the person:
(i) is registered to vote in the state;
(ii) either failed to provide valid voter identification or the documents provided as
valid voter identification were inadequate and the poll worker recorded that fact in the official
register; and
(iii) (A) the county clerk verifies the person's identity and residence through some other
means as reliable as photo identification; or
(B) the person provides valid voter identification to the county clerk or an election
officer who is administering the election by the close of normal office hours on Monday after
the date of the election.
(2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
the affirmation on the face of each provisional ballot envelope and determine if the person
signing the affirmation is:
(i) registered to vote in this state; and
(ii) legally entitled to vote:
(A) the ballot that the person voted; or
(B) if the ballot is from the person's county of residence, for at least one ballot
proposition or candidate on the ballot that the person voted.
(b) If the election officer determines that the person is not registered to vote in this
state or is not legally entitled to vote in the county or for any of the ballot propositions or
candidates on the ballot that the person voted, the election officer shall retain the ballot
envelope, unopened, for the period specified in Section 
20A-4-202
 unless ordered by a court to
produce or count it.
(c) If the election officer determines that the person is registered to vote in this state
and is legally entitled to vote in the county and for at least one of the ballot propositions or
candidates on the ballot that the person voted, the election officer shall remove the ballot from
the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
those ballots at the canvass.
(d) The election officer may not count, or allow to be counted a provisional ballot
unless the person's identity and residence is established by a preponderance of the evidence.
(3) If the election officer determines that the person is registered to vote in this state,
the election officer shall ensure that the voter registration records are updated to reflect the
information provided on the provisional ballot envelope.
(4) If the election officer determines that the person is not registered to vote in this
state and the information on the provisional ballot envelope is complete, the election officer
shall:
(a) consider the provisional ballot envelope a voter registration form for the person's
county of residence; and
(b) (i) register the person if the voter's county of residence is within the county; or
(ii) forward the voter registration form to the election officer of the person's county of
residence, which election officer shall register the person.
(5) Notwithstanding any provision of this section, the election officer shall remove the
ballot from a provisional ballot envelope and place the ballot with the absentee ballots to be
counted with those ballots at the canvass, if:
(a) [
(i)
] the election officer determines, in accordance with the provisions of this
section, that the sole reason a provisional ballot may not otherwise be counted is because the
voter registration was filed less than eight days before the election;
[
(ii)
] 
(b)
 eight or more days before the election, the individual who cast the provisional
ballot:
[
(A)
] 
(i)
 completed and signed the voter registration; and
[
(B)
] 
(ii)
 provided the voter registration to another person to file;
[
(iii)
] 
(c)
 the late filing was made due to the person described in Subsection
[
(5)(a)(ii)(B)
] 
(5)(b)(ii)
 filing the voter registration less than eight days before the election; and
[
(iv)
] 
(d)
 the election officer receives the voter registration no later than one day before
the day of the election[
; or
]
.
[
(b) the provisional ballot is cast on or before election day in a county or municipality
that is approved by the lieutenant governor to participate in the pilot project and the provisional
ballot is not otherwise prohibited from being counted under the provisions of this chapter.
]
Section 25. Section 
20A-7-214
 is amended to read:
20A-7-214.
Fiscal review -- Repeal, amendment, or resubmission.
(1) No later 
than
days after the date of an election in which the voters approve an
initiative petition, the Governor's Office of Management and Budget shall:
(a) for each initiative approved by the voters, prepare a final fiscal impact statement,
using current financial information and containing the information required by Subsection
20A-7-202.5
(2); and
(b) deliver a copy of the final fiscal impact statement to:
(i) the president of the Senate;
(ii) the minority leader of the Senate;
(iii) the speaker of the House of Representatives;
(iv) the minority leader of the House of Representatives; and
(v) the first five sponsors listed on the initiative application.
(2) If the final fiscal impact statement exceeds the initial fiscal impact estimate by 25%
or more, the Legislature shall review the final fiscal impact statement and may, in any
legislative session following the election in which the voters approved the initiative petition:
(a) repeal the law established by passage of the initiative;
(b) amend the law established by passage of the initiative; or
(c) pass a joint or concurrent resolution informing the voters that they may file an
initiative petition to repeal the law enacted by the passage of the initiative.
Section 26. Section 
20A-9-405
 is amended to read:
20A-9-405.
Nomination petitions for regular primary elections.
(1) This section shall apply to the form and circulation of nomination petitions for
regular primary elections described in Subsection 
20A-9-403
(3)(a).
(2) A candidate for elective office, and the agents of the candidate, may not circulate
nomination petitions until the candidate has submitted a declaration of candidacy in accordance
with Subsection 
20A-9-202
(1).
(3) The nomination petitions shall be in substantially the following form:
(a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
(b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
space above that line blank for purposes of binding;
(c) the petition shall be headed by a caption stating the purpose of the petition and the
name of the proposed candidate;
(d) the petition shall feature the word "Warning" followed by the following statement
in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
knowingly sign a certificate of nomination signature sheet with any name other than the
person's own name or more than once for the same candidate or if the person is not registered
to vote in this state and does not intend to become registered to vote in this state before
signatures are certified by a filing officer.";
(e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
numbered one through 10;
(f) the signature portion of the petition shall be divided into columns headed by the
following titles:
(i) Registered Voter's Printed Name;
(ii) Signature of Registered Voter;
(iii) Party Affiliation of Registered Voter;
(iv) Birth Date or Age (Optional);
(v) Street Address, City, Zip Code; and
(vi) Date of Signature; and
(g) a photograph of the candidate may appear on the nomination petition.
(4) If one or more nomination petitions are bound together, a page shall be bound to
the nomination petition(s) that features the following printed verification statement to be signed
and dated by the petition circulator:
"Verification
State of Utah, County of ____
I, ____, of ____, hereby state [
under
] that:
I am a Utah resident and am at least 18 years old;
All the names that appear on the signature sheets bound to this page were, to the best of
my knowledge, signed by the persons who professed to be the persons whose names appear on
the signature sheets, and each of them signed the person's name on the signature sheets in my
presence;
I believe that each has printed and signed the person's name and written the person's
street address correctly, and that each signer is registered to vote in Utah or will register to vote
in Utah before the county clerk certifies the signatures on the signature sheet."
(5) The lieutenant governor shall prepare and make public model nomination petition
forms and associated instructions.
(6) A nomination petition circulator must be at least18 years old and a resident of the
state, but may affiliate with any political party.
(7) It is unlawful for any person to:
(a) knowingly sign the nomination petition sheet described in Subsection (3):
(i) with any name other than the person's own name;
(ii) more than once for the same candidate; or
(iii) if the person is not registered to vote in this state and does not intend to become
registered to vote in this state prior to 5 p.m. on the final day in March;
(b) sign the verification of a certificate of nomination signature sheet described in
Subsection (4) if the person:
(i) does not meet the residency requirements of Section 
20A-2-105
;
(ii) has not witnessed the signing by those persons whose names appear on the
certificate of nomination signature sheet; or
(iii) knows that a person whose signature appears on the certificate of nomination
signature sheet is not registered to vote in this state and does not intend to become registered to
vote in this state;
(c) pay compensation to any person to sign a nomination petition; or
(d) pay compensation to any person to circulate a nomination petition, if the
compensation is based directly on the number of signatures submitted to a filing officer rather
than on the number of signatures verified or on some other basis.
(8) Any person violating Subsection (7) is guilty of a class A misdemeanor.
(9) Withdrawal of petition signatures shall not be permitted.
Section 27. Section 
26-7-8
 is amended to read:
26-7-8.
Syringe exchange and education.
(1) The following may operate a syringe exchange program in the state to prevent the
transmission of disease and reduce morbidity and mortality among individuals who inject
drugs, and those individuals' contacts:
(a) a government entity, including:
(i) the department;
(ii) a local health department, as defined in Section 
26A-1-102
;
(iii) the Division of Substance Abuse and Mental Health within the Department of
Human Services; or
(iv) a local substance abuse authority, as defined in Section 
62A-15-102
;
(b) a nongovernment entity, including:
(i) a nonprofit organization; or
(ii) a for-profit organization; or
(c) any other entity that complies with Subsections (2) and [
(3)
] 
(4)
.
(2) An entity operating a syringe exchange program in the state shall:
(a) facilitate the exchange of an individual's used syringe for one or more new syringes
in sealed sterile packages;
(b) ensure that a recipient of a new syringe is given verbal and written instruction on:
(i) methods for preventing the transmission of blood-borne diseases, including hepatitis
C and human immunodeficiency virus; and
(ii) options for obtaining:
(A) services for the treatment of a substance use disorder;
(B) testing for a blood-borne disease; and
(C) an opiate antagonist under Chapter 55, Opiate Overdose Response Act; and
(c) report annually to the department the following information about the program's
activities:
(i) the number of individuals who have exchanged syringes;
(ii) the number of used syringes exchanged for new syringes; and
(iii) the number of new syringes provided in exchange for used syringes.
(3) No later than October 1, 2017, and every two years thereafter, the department shall
report to the Legislature's Health and Human Services Interim Committee on:
(a) the activities and outcomes of syringe programs operating in the state, including:
(i) the number of individuals who have exchanged syringes;
(ii) the number of used syringes exchanged for new syringes;
(iii) the number of new syringes provided in exchange for used syringes;
(iv) the impact of the programs on blood-borne infection rates; and
(v) the impact of the programs on the number of individuals receiving treatment for a
substance use disorder;
(b) the potential for additional reductions in the number of syringes contaminated with
blood-borne disease if the programs receive additional funding;
(c) the potential for additional reductions in state and local government spending if the
programs receive additional funding;
(d) whether the programs promote illicit use of drugs; and
(e) whether the programs should be continued, continued with modifications, or
terminated.
(4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, specifying how and when an entity operating a syringe
exchange program shall make the report required by Subsection (2)(c).
Section 28. 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)
] 
(1)(c) or
(f), or (2)(a), (b), (c), or (e)
;
(c) a person serving as a school nurse under Section 
53A-11-204
;
(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 29. Section 
26-18-3
 is amended to read:
26-18-3.
Administration of Medicaid program by department -- Reporting to the
Legislature -- Disciplinary measures and sanctions -- Funds collected -- Eligibility
standards -- Internal audits -- Health opportunity accounts.
(1) The department shall be the single state agency responsible for the administration
of the Medicaid program in connection with the United States Department of Health and
Human Services pursuant to Title XIX of the Social Security Act.
(2) (a) The department shall implement the Medicaid program through administrative
rules in conformity with this chapter, Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the requirements of Title XIX, and applicable federal regulations.
(b) The rules adopted under Subsection (2)(a) shall include, in addition to other rules
necessary to implement the program:
(i) the standards used by the department for determining eligibility for Medicaid
services;
(ii) the services and benefits to be covered by the Medicaid program;
(iii) reimbursement methodologies for providers under the Medicaid program; and
(iv) a requirement that:
(A) a person receiving Medicaid services shall participate in the electronic exchange of
clinical health records established in accordance with Section 
26-1-37
 unless the individual
opts out of participation;
(B) prior to enrollment in the electronic exchange of clinical health records the enrollee
shall receive notice of enrollment in the electronic exchange of clinical health records and the
right to opt out of participation at any time; and
(C) beginning July 1, 2012, when the program sends enrollment or renewal information
to the enrollee and when the enrollee logs onto the program's website, the enrollee shall receive
notice of the right to opt out of the electronic exchange of clinical health records.
(3) (a) The department shall, in accordance with Subsection (3)(b), report to the Social
Services Appropriations Subcommittee when the department:
(i) implements a change in the Medicaid State Plan;
(ii) initiates a new Medicaid waiver;
(iii) initiates an amendment to an existing Medicaid waiver;
(iv) applies for an extension of an application for a waiver or an existing Medicaid
waiver; or
(v) initiates a rate change that requires public notice under state or federal law.
(b) The report required by Subsection (3)(a) shall:
(i) be submitted to the Social Services Appropriations Subcommittee prior to the
department implementing the proposed change; and
(ii) include:
(A) a description of the department's current practice or policy that the department is
proposing to change;
(B) an explanation of why the department is proposing the change;
(C) the proposed change in services or reimbursement, including a description of the
effect of the change;
(D) the effect of an increase or decrease in services or benefits on individuals and
families;
(E) the degree to which any proposed cut may result in cost-shifting to more expensive
services in health or human service programs; and
(F) the fiscal impact of the proposed change, including:
(I) the effect of the proposed change on current or future appropriations from the
Legislature to the department;
(II) the effect the proposed change may have on federal matching dollars received by
the state Medicaid program;
(III) any cost shifting or cost savings within the department's budget that may result
from the proposed change; and
(IV) identification of the funds that will be used for the proposed change, including any
transfer of funds within the department's budget.
(4) Any rules adopted by the department under Subsection (2) are subject to review and
reauthorization by the Legislature in accordance with Section 
63G-3-502
.
(5) The department may, in its discretion, contract with the Department of Human
Services or other qualified agencies for services in connection with the administration of the
Medicaid program, including:
(a) the determination of the eligibility of individuals for the program;
(b) recovery of overpayments; and
(c) consistent with Section 
26-20-13
, and to the extent permitted by law and quality
control services, enforcement of fraud and abuse laws.
(6) The department shall provide, by rule, disciplinary measures and sanctions for
Medicaid providers who fail to comply with the rules and procedures of the program, provided
that sanctions imposed administratively may not extend beyond:
(a) termination from the program;
(b) recovery of claim reimbursements incorrectly paid; and
(c) those specified in Section 1919 of Title XIX of the federal Social Security Act.
(7) Funds collected as a result of a sanction imposed under Section 1919 of Title XIX
of the federal Social Security Act shall be deposited in the General Fund as dedicated credits to
be used by the division in accordance with the requirements of Section 1919 of Title XIX of
the federal Social Security Act.
(8) (a) In determining whether an applicant or recipient is eligible for a service or
benefit under this part or Chapter 40, Utah Children's Health Insurance Act, the department
shall, if Subsection (8)(b) is satisfied, exclude from consideration one passenger vehicle
designated by the applicant or recipient.
(b) Before Subsection (8)(a) may be applied:
(i) the federal government shall:
(A) determine that Subsection (8)(a) may be implemented within the state's existing
public assistance-related waivers as of January 1, 1999;
(B) extend a waiver to the state permitting the implementation of Subsection (8)(a); or
(C) determine that the state's waivers that permit dual eligibility determinations for
cash assistance and Medicaid are no longer valid; and
(ii) the department shall determine that Subsection (8)(a) can be implemented within
existing funding.
(9) (a) For purposes of this Subsection (9):
(i) "aged, blind, or has a disability" means an aged, blind, or disabled individual, as
defined in 42 U.S.C. Sec. 1382c(a)(1); and
(ii) "spend down" means an amount of income in excess of the allowable income
standard that shall be paid in cash to the department or incurred through the medical services
not paid by Medicaid.
(b) In determining whether an applicant or recipient who is aged, blind, or has a
disability is eligible for a service or benefit under this chapter, the department shall use 100%
of the federal poverty level as:
(i) the allowable income standard for eligibility for services or benefits; and
(ii) the allowable income standard for eligibility as a result of spend down.
(10) The department shall conduct internal audits of the Medicaid program.
(11) (a) The department may apply for and, if approved, implement a demonstration
program for health opportunity accounts, as provided for in 42 U.S.C. Sec. 1396u-8.
(b) A health opportunity account established under Subsection (11)(a) shall be an
alternative to the existing benefits received by an individual eligible to receive Medicaid under
this chapter.
(c) Subsection (11)(a) is not intended to expand the coverage of the Medicaid program.
(12) (a) (i) The department shall apply for, and if approved, implement an amendment
to the state plan under this Subsection (12) for benefits for:
(A) medically needy pregnant women;
(B) medically needy children; and
(C) medically needy parents and caretaker relatives.
(ii) The department may implement the eligibility standards of Subsection (12)(b) for
eligibility determinations made on or after the date of the approval of the amendment to the
state plan.
(b) In determining whether an applicant is eligible for benefits described in Subsection
(12)(a)(i), the department shall:
(i) disregard resources held in an account in the savings plan created under Title 53B,
Chapter 8a, Utah Educational Savings Plan, if the beneficiary of the account is:
(A) under the age of 26; and
(B) living with the account owner, as that term is defined in Section 
53B-8a-102
, or
temporarily absent from the residence of the account owner; and
(ii) include the withdrawals from an account in the Utah Educational Savings Plan as
resources for a benefit determination, if the withdrawal was not used for qualified higher
education costs as that term is defined in Section 
[
53B-8a-102
] 
53B-8a-102.5
.
Section 30. Section 
26-38-2
 is amended to read:
26-38-2.
Definitions.
As used in this chapter:
(1) "E-cigarette":
(a) means any electronic oral device:
(i) that provides a vapor of nicotine or other substance; and
(ii) which simulates smoking through its use or through inhalation of the device; and
(b) includes an oral device that is:
(i) composed of a heating element, battery, or electronic circuit; and
(ii) marketed, manufactured, distributed, or sold as:
(A) an e-cigarette;
(B) e-cigar;
(C) e-pipe; or
(D) any other product name or descriptor, if the function of the product meets the
definition of Subsection (1)(a).
(2) "Place of public access" means any enclosed indoor place of business, commerce,
banking, financial service, or other service-related activity, whether publicly or privately owned
and whether operated for profit or not, to which persons not employed at the place of public
access have general and regular access or which the public uses, including:
(a) buildings, offices, shops, elevators, or restrooms;
(b) means of transportation or common carrier waiting rooms;
(c) restaurants, cafes, or cafeterias;
(d) taverns as defined in Section 
32B-1-102
, or cabarets;
(e) shopping malls, retail stores, grocery stores, or arcades;
(f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
sites, auditoriums, or arenas;
(g) barber shops, hair salons, or laundromats;
(h) sports or fitness facilities;
(i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
breakfast" lodging facilities, and other similar lodging facilities, including the lobbies,
hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any
of these;
(j) (i) any child care facility or program subject to licensure or certification under this
title, including those operated in private homes, when any child cared for under that license is
present; and
(ii) any child care, other than child care as defined in Section 
26-39-102
, that is not
subject to licensure or certification under this title, when any child cared for by the provider,
other than the child of the provider, is present;
(k) public or private elementary or secondary school buildings and educational
facilities or the property on which those facilities are located;
(l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
religious organization when used solely by the organization members or their guests or
families;
(m) any facility rented or leased for private functions from which the general public is
excluded and arrangements for the function are under the control of the function sponsor;
(n) any workplace that is not a place of public access or a publicly owned building or
office but has one or more employees who are not owner-operators of the business;
(o) any area where the proprietor or manager of the area has posted a conspicuous sign
stating "no smoking", "thank you for not smoking", or similar statement; and
(p) a holder of a bar establishment license, as defined in Section 
32B-1-102
.
(3) "Publicly owned building or office" means any enclosed indoor place or portion of
a place owned, leased, or rented by any state, county, or municipal government, or by any
agency supported by appropriation of, or by contracts or grants from, funds derived from the
collection of federal, state, county, or municipal taxes.
(4) "Smoking" means:
(a) the possession of any lighted or heated tobacco product in any form;
(b) inhaling, exhaling, burning, or heating a substance containing tobacco or nicotine
intended for inhalation through a cigar, cigarette, pipe, or hookah;
(c) [
except as provided in Section 
26-38-2.6
,
] using an e-cigarette; or
(d) using an oral smoking device intended to circumvent the prohibition of smoking in
this chapter.
Section 31. Section 
31A-4-106
 is amended to read:
31A-4-106.
Provision of health care.
(1) As used in this section, "health care provider" has the same definition as in Section
78B-3-403
.
(2) Except under Subsection (3) or (4), unless authorized to do so or employed by
someone authorized to do so under Chapter 5, Domestic Stock and Mutual Insurance
Corporations, Chapter 7, Nonprofit Health Service Insurance Corporations, Chapter 8, Health
Maintenance Organizations and Limited Health Plans, Chapter 9, Insurance Fraternals, or
Chapter 14, Foreign Insurers, a person may not:
(a) directly or indirectly provide health care;
(b) arrange for health care;
(c) manage or administer the provision or arrangement of health care;
(d) collect advance payments for health care; or
(e) compensate a provider of health care.
(3) Subsection (2) does not apply to:
(a) a natural person or professional corporation that alone or with others professionally
associated with the natural person or professional corporation, and except as provided in
Subsection (3)(f), without receiving consideration for services in advance of the need for a
particular service, provides the service personally with the aid of nonprofessional assistants;
(b) a health care facility as defined in Section 
26-21-2
 that:
(i) is licensed or exempt from licensing under Title 26, Chapter 21, Health Care
Facility Licensing and Inspection Act; and
(ii) does not engage in health care insurance as defined under Section 
31A-1-301
;
(c) a person who files with the commissioner a certificate from the United States
Department of Labor, or other evidence satisfactory to the commissioner, showing that the laws
of Utah are preempted under Section 514 of the Employee Retirement Income Security Act of
1974 or other federal law;
(d) a person licensed under Chapter 23a, Insurance Marketing - Licensing Producers,
Consultants, and Reinsurance Intermediaries, who[
:(i)
] arranges for the insurance of all
services under:
[
(A)
] 
(i)
 Subsection (2) by an insurer authorized to do business in Utah; or
[
(B)
] 
(ii)
 Section 
31A-15-103
; or
[
(ii) works for an uninsured employer that complies with Chapter 13, Employee
Welfare Funds and Plans;
]
[
(e) an employer that self-funds its obligations to provide health care services or
indemnity for its employees if the employer complies with Chapter 13, Employee Welfare
Funds and Plans; or
]
[
(f)
] 
(e)
 notwithstanding the provisions of Subsection (3)(a), a natural person or
professional corporation that alone or with others professionally associated with the natural
person or professional corporation enters into a medical retainer agreement in accordance with
Section 
31A-4-106.5
.
(4) A person may not provide administrative or management services for another
person subject to Subsection (2) and not exempt under Subsection (3) unless the person:
(a) is an authorized insurer under Chapter 5, Domestic Stock and Mutual Insurance
Corporations, Chapter 7, Nonprofit Health Service Insurance Corporations, Chapter 8, Health
Maintenance Organizations and Limited Health Plans, Chapter 9, Insurance Fraternals, or
Chapter 14, Foreign Insurers; or
(b) complies with Chapter 25, Third Party Administrators.
(5) An insurer or person who provides, administers, or manages health care insurance
under Chapter 5, Domestic Stock and Mutual Insurance Corporations, Chapter 7, Nonprofit
Health Service Insurance Corporations, Chapter 8, Health Maintenance Organizations and
Limited Health Plans, Chapter 9, Insurance Fraternals, or Chapter 14, Foreign Insurers, may not
enter into a contract that limits a health care provider's ability to advise the health care
provider's patients or clients fully about treatment options or other issues that affect the health
care of the health care provider's patients or clients.
Section 32. Section 
31A-27a-403
 is amended to read:
31A-27a-403.
Continuance of coverage -- Health maintenance organizations.
(1) As used in this section:
(a) "Basic health care services" is as defined in Section 
31A-8-101
.
(b) "Enrollee" is as defined in Section 
31A-8-101
.
(c) "Health care" is as defined in Section 
31A-1-301
.
(d) "Health maintenance organization" is as defined in Section 
31A-8-101
.
(e) "Limited health plan" is as defined in Section 
31A-8-101
.
(f) (i) "Managed care organization" means an entity licensed by, or holding a certificate
of authority from, the department to furnish health care services or health insurance.
(ii) "Managed care organization" includes:
(A) a limited health plan;
(B) a health maintenance organization;
(C) a preferred provider organization;
(D) a fraternal benefit society; or
(E) an entity similar to an entity described in Subsections (1)(f)(ii)(A) through (D).
(iii) "Managed care organization" does not include:
(A) an insurer or other person that is eligible for membership in a guaranty association
under Chapter 28, Guaranty Associations;
(B) a mandatory state pooling plan;
(C) a mutual assessment company or an entity that operates on an assessment basis; or
(D) an entity similar to an entity described in Subsections (1)(f)(iii)(A) through (C).
(g) "Participating provider" means a provider who, under a contract with a managed
care organization authorized under Section 
31A-8-407
, agrees to provide health care services to
enrollees with an expectation of receiving payment:
(i) directly or indirectly, from the managed care organization; and
(ii) other than a copayment.
(h) "Participating provider contract" means the agreement between a participating
provider and a managed care organization authorized under Section 
31A-8-407
.
(i) "Preferred provider" means a provider who agrees to provide health care services
under an agreement authorized under Subsection [
31A-22-617
(1)
] 
31A-45-303
(2)
.
(j) "Preferred provider contract" means the written agreement between a preferred
provider and a managed care organization authorized under Subsection [
31A-22-617
(1)
]
31A-45-303
(2)
.
(k) (i) Except as provided in Subsection (1)(k)(ii), "preferred provider organization"
means a person that:
(A) furnishes at a minimum, through a preferred provider, basic health care services to
an enrollee in return for prepaid periodic payments in an amount agreed to before the time
during which the health care may be furnished;
(B) is obligated to the enrollee to arrange for the services described in Subsection
(1)(k)(i)(A); and
(C) permits the enrollee to obtain health care services from a provider who is not a
preferred provider.
(ii) "Preferred provider organization" does not include:
(A) an insurer licensed under Chapter 7, Nonprofit Health Service Insurance
Corporations; or
(B) an individual who contracts to render professional or personal services that the
individual performs.
(l) "Provider" is as defined in Section 
31A-8-101
.
(m) "Uncovered expenditure" means a cost of health care services that is covered by an
organization for which an enrollee is liable in the event of the managed care organization's
insolvency.
(2) The rehabilitator or liquidator may take one or more of the actions described in
Subsections (2)(a) through (g) to assure continuation of health care coverage for enrollees of an
insolvent managed care organization.
(a) (i) Subject to Subsection (2)(a)(ii), a rehabilitator or liquidator may require a
participating provider or preferred provider to continue to provide the health care services the
provider is required to provide under the provider's participating provider contract or preferred
provider contract until the earlier of:
(A) 90 days after the day on which the following is filed:
(I) a petition for rehabilitation; or
(II) a petition for liquidation; or
(B) the day on which the term of the contract ends.
(ii) A requirement by the rehabilitator or liquidator under Subsection (2)(a)(i) that a
participating provider or preferred provider continue to provide health care services under the
provider's participating provider contract or preferred provider contract expires when health
care coverage for all enrollees of the insolvent managed care organization is obtained from
another managed care organization or insurer.
(b) (i) Subject to Subsection (2)(b)(ii), a rehabilitator or liquidator may reduce the fees
a participating provider or preferred provider is otherwise entitled to receive from the managed
care organization under the provider's participating provider contract or preferred provider
contract during the time period in Subsection (2)(a)(i).
(ii) Notwithstanding Subsection (2)(b)(i), a rehabilitator or liquidator may not reduce a
fee to less than 75% of the regular fee set forth in the provider's participating provider contract
or preferred provider contract.
(iii) An enrollee shall continue to pay the same copayments, deductibles, and other
payments for services received from a participating provider or preferred provider that the
enrollee is required to pay before the day on which the following is filed:
(A) the petition for rehabilitation; or
(B) the petition for liquidation.
(c) A participating provider or preferred provider shall:
(i) accept the amounts specified in Subsection (2)(b) as payment in full; and
(ii) relinquish the right to collect additional amounts from the insolvent managed care
organization's enrollee.
(d) Subsections (2)(b) and (c) apply to the fees paid to a provider who agrees to
provide health care services to an enrollee but is not a preferred or participating provider.
(e) If the managed care organization is a health maintenance organization, Subsections
(2)(e)(i) through (vi) apply.
(i) A solvent health maintenance organization licensed under Chapter 8, Health
Maintenance Organizations and Limited Health Plans, shall extend to the enrollees of an
insolvent health maintenance organization all rights, privileges, and obligations of being an
enrollee in the accepting health maintenance organization:
(A) subject to Subsections (2)(e)(ii), (iii), and (v);
(B) upon notification from and subject to the direction of the rehabilitator or liquidator
of an insolvent health maintenance organization licensed under Chapter 8, Health Maintenance
Organizations and Limited Health Plans; and
(C) if the solvent health maintenance organization operates within a portion of the
insolvent health maintenance organization's service area.
(ii) Notwithstanding Subsection (2)(e)(i), the accepting health maintenance
organization shall give credit to an enrollee for any waiting period already satisfied under the
enrollee's contract with the insolvent health maintenance organization.
(iii) A health maintenance organization accepting an enrollee of an insolvent health
maintenance organization under Subsection (2)(e)(i) shall charge the enrollee the premiums
applicable to the existing business of the accepting health maintenance organization.
(iv) A health maintenance organization's obligation to accept an enrollee under
Subsection (2)(e)(i) is limited in number to the accepting health maintenance organization's pro
rata share of all health maintenance organization enrollees in this state, as determined after
excluding the enrollees of the insolvent insurer.
(v) (A) The rehabilitator or liquidator of an insolvent health maintenance organization
shall take those measures that are possible to ensure that no health maintenance organization is
required to accept more than its pro rata share of the adverse risk represented by the enrollees
of the insolvent health maintenance organization.
(B) If the methodology used by the rehabilitator or liquidator to assign an enrollee is
one that can be expected to produce a reasonably equitable distribution of adverse risk, that
methodology and its results are acceptable under this Subsection (2)(e)(v).
(vi) (A) Notwithstanding Section 
31A-27a-402
, the rehabilitator or liquidator may
require all solvent health maintenance organizations to pay for the covered claims incurred by
the enrollees of the insolvent health maintenance organization.
(B) As determined by the rehabilitator or liquidator, payments required under this
Subsection (2)(e)(vi) may:
(I) begin as of the day on which the following is filed:
(Aa) the petition for rehabilitation; or
(Bb) the petition for liquidation; and
(II) continue for a maximum period through the time all enrollees are assigned pursuant
to this section.
(C) If the rehabilitator or liquidator makes an assessment under this Subsection
(2)(e)(vi), the rehabilitator or liquidator shall assess each solvent health maintenance
organization its pro rata share of the total assessment based upon its premiums from the
previous calendar year.
(D) (I) A solvent health maintenance organization required to pay for covered claims
under this Subsection (2)(e)(vi) may file a claim against the estate of the insolvent health
maintenance organization.
(II) Any claim described in Subsection (2)(e)(vi)(D)(I), if allowed by the rehabilitator
or liquidator, shall share in any distributions from the estate of the insolvent health
maintenance organization as a Class 3 claim.
(f) (i) A rehabilitator or liquidator may transfer, through sale or otherwise, the group
and individual health care obligations of the insolvent managed care organization to one or
more other managed care organizations or other insurers, if those other managed care
organizations and other insurers:
(A) are licensed to provide the same health care services in this state that are held by
the insolvent managed care organization; or
(B) have a certificate of authority to provide the same health care services in this state
that is held by the insolvent managed care organization.
(ii) The rehabilitator or liquidator may combine group and individual health care
obligations of the insolvent managed care organization in any manner the rehabilitator or
liquidator considers best to provide for continuous health care coverage for the maximum
number of enrollees of the insolvent managed care organization.
(iii) If the terms of a proposed transfer of the same combination of group and
individual policy obligations to more than one other managed care organization or insurer are
otherwise equal, the rehabilitator or liquidator shall give preference to the transfer of the group
and individual policy obligations of an insolvent managed care organization as follows:
(A) from one category of managed care organization to another managed care
organization of the same category, as follows:
(I) from a limited health plan to a limited health plan;
(II) from a health maintenance organization to a health maintenance organization;
(III) from a preferred provider organization to a preferred provider organization;
(IV) from a fraternal benefit society to a fraternal benefit society; and
(V) from an entity similar to an entity described in this Subsection (2)(f)(iii)(A) to a
category that is similar;
(B) from one category of managed care organization to another managed care
organization, regardless of the category of the transferee managed care organization; and
(C) from a managed care organization to a nonmanaged care provider of health care
coverage, including insurers.
(g) If an insolvent managed care organization has required surplus, a rehabilitator or
liquidator may use the insolvent managed care organization's required surplus to continue to
provide coverage for the insolvent managed care organization's enrollees, including paying
uncovered expenditures.
Section 33. Section 
31A-30-206
 is amended to read:
31A-30-206.
Minimum participation and contribution levels -- Premium
payments.
An insurer who offers a health benefit plan for which an employer has established a
defined contribution arrangement under the provisions of this part:
(1) may not:
(a) establish an employer minimum contribution level for the health benefit plan
premium under Section 
31A-30-112
, or any other law; or
(b) discontinue or non-renew a policy under Subsection [
31A-30-107
(4)
]
31A-22-618.6
(2)(a)
 for failure to maintain a minimum employer contribution level;
(2) shall accept premium payments for an enrollee from multiple sources through the
Internet portal, including:
(a) government assistance programs;
(b) contributions from a Section 125 Cafeteria plan, a health reimbursement
arrangement, or other qualified mechanism for pre-tax payments established by any employer
of the enrollee;
(c) contributions from a Section 125 Cafeteria plan, a health reimbursement
arrangement, or other qualified mechanism for pre-tax payments established by an employer of
a spouse or dependent of the enrollee; and
(d) contributions from private sources of premium assistance; and
(3) may require, as a condition of coverage, a minimum participation level for eligible
employees of an employer, which for purposes of the defined contribution arrangement market
may not exceed 75% participation.
Section 34. Section 
31A-32a-107
 is amended to read:
31A-32a-107.
Penalties for noncompliance with tax provisions.
(1) An account administrator who fails to comply with a provision described in
Subsection (2) is subject to:
(a) the civil penalties provided in Section 
59-1-401
; and
(b) interest at the rate and in the manner provided in Section 
59-1-402
.
(2) The following provisions apply to Subsection (1):
(a) a provision of this chapter relating to[
:(i)
] an addition to income made in
accordance with Section 
59-10-114
; or
[
(ii) a tax credit allowed by Section 
59-10-1021
; or
]
(b) a provision of Title 59, Chapter 10, Individual Income Tax Act, relating to[
:(i)
] an
addition to income made in accordance with Section 
59-10-114
[
; or
]
.
[
(ii) a tax credit allowed by Section 
59-10-1021
.
]
Section 35. Section 
32B-1-605
 is amended to read:
32B-1-605.
General procedure for approval.
(1) To obtain approval of the label and packaging of a malted beverage, the
manufacturer of the malted beverage shall submit an application to the department for
approval.
(2) The application described in Subsection (1) shall be on a form approved by the
department and include the following for each brand and label for which the manufacturer
seeks approval:
(a) (i) a copy of a federal certificate of label approval from the United States
Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau; or
(ii) if the 
United States Department of Treasury, Alcohol and Tobacco Tax and Trade
Bureau does not require label approval, a copy of formula approval from the United States
Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau;
(b) a complete set of original labels for each size of container of the malted beverage;
(c) a description of the size of the container on which a label will be placed;
(d) a description of each type of container of the malted beverage; and
(e) a description of any packaging for the malted beverage.
(3) The department may assess a reasonable fee for reviewing a label and packaging for
approval.
(4) (a) The department shall notify a manufacturer within 30 days after the day on
which the manufacturer submits an application whether the label and packaging is approved or
denied.
(b) If the department determines that an unusual circumstance requires additional time,
the department may extend the time period described in Subsection (4)(a).
(5) A manufacturer shall obtain the approval of the department of a revision of a
previously approved label and packaging before a malted beverage using the revised label and
packaging may be distributed or sold in this state.
(6) (a) The department may revoke a label and packaging previously approved upon a
finding that the label and packaging is not in compliance with this title or rules of the
commission.
(b) The department shall notify the person who applies for the approval of a label and
packaging at least five business days before the day on which a label and packaging approval is
considered revoked.
(c) After receiving notice under Subsection (6)(b), a manufacturer may present written
argument or evidence to the department on why the revocation should not occur.
(7) A manufacturer that applies for approval of a label and packaging may appeal a
denial or revocation of a label and packaging approval to the commission.
Section 36. Section 
32B-3-102
 is amended to read:
32B-3-102.
Definitions.
As used in this chapter:
(1) "Aggravating circumstances" means:
(a) prior warnings about compliance problems;
(b) a prior violation history;
(c) a lack of written policies governing employee conduct;
(d) multiple violations during the course of an investigation;
(e) efforts to conceal a violation;
(f) an intentional violation;
(g) the violation involved more than one patron or employee; or
(h) a violation that results in injury or death.
(2) "Final adjudication" means an adjudication for which a final judgment or order is
issued that:
(a) is not appealed, and the time to appeal the judgment has expired; or
(b) is appealed, and is affirmed, in whole or in part, on appeal.
(3) "Mitigating circumstances" means:
(a) no prior violation history for the licensee or permittee;
(b) no prior violation history for the individual who committed the violation;
(c) motive for the individual who engaged in or allowed the violation to retaliate
against the licensee 
or permittee
; or
(d) extraordinary cooperation with the investigation of the violation that demonstrates
that the licensee or permittee and the individual who committed the violation accept
responsibility for the violation.
Section 37. Section 
32B-6-205.2
 is amended to read:
32B-6-205.2.
Specific operational requirements for a full-service restaurant
license -- On and after July 1, 2018, or July 1, 2022.
(1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
Requirements, a full-service restaurant licensee and staff of the full-service restaurant licensee
shall comply with this section.
(b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a full-service restaurant licensee;
(ii) individual staff of a full-service restaurant licensee; or
(iii) both a full-service restaurant licensee and staff of the full-service restaurant
licensee.
(2) In addition to complying with Subsection 
32B-5-301
(3), a full-service restaurant
licensee shall display in a conspicuous place at the entrance to the licensed premises a sign
approved by the commission that:
(a) measures at least 8-1/2 inches long and 11 inches wide; and
(b) clearly states that the full-service restaurant licensee is a restaurant and not a bar.
(3) In addition to complying with Section 
32B-5-303
, a full-service restaurant licensee
shall store an alcoholic product in a storage area described in Subsection (13)(a).
(4) (a) An individual who serves an alcoholic product in a full-service restaurant
licensee's premises shall make a beverage tab for each table or group that orders or consumes
an alcoholic product on the premises.
(b) A beverage tab described in this Subsection (4) shall state the type and amount of
each alcoholic product ordered or consumed.
(5) A full-service restaurant licensee may not make an individual's willingness to serve
an alcoholic product a condition of employment with a full-service restaurant licensee.
(6) (a) A full-service restaurant licensee may sell, offer for sale, or furnish liquor at the
licensed premises during the following time periods only:
(i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
(ii) on a weekend or a state or federal legal holiday or for a private event, during the
period that begins at 10:30 a.m. and ends at 11:59 p.m.
(b) A full-service restaurant licensee may sell, offer for sale, or furnish beer at the
licensed premises during the following time periods only:
(i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
(ii) on a weekend or a state or federal legal holiday or for a private event, during the
period that begins at 10:30 a.m. and ends at 12:59 a.m. 
(7) A full-service restaurant licensee shall maintain at least 70% of the full-service
restaurant licensee's total restaurant business from the sale of food, which does not include:
(a) mix for an alcoholic product; or
(b) a service charge.
(8) (a) A full-service restaurant licensee may not sell, offer for sale, or furnish an
alcoholic product except after:
(i) the patron to whom the full-service restaurant licensee sells, offers for sale, or
furnishes the alcoholic product is seated at:
(A) a table that is located in a dining area or a dispensing area;
(B) a counter that is located in a dining area or a dispensing area; or
(C) a dispensing structure that is located in a dispensing area; and
(ii) the full-service restaurant licensee confirms that the patron intends to:
(A) order food prepared, sold, and furnished at the licensed premises; and
(B) except as provided in Subsection (8)(b), consume the food at the same location
where the patron is seated and sold, offered for sale, or furnished the alcoholic product.
(b) (i) While a patron waits for a seat at a table or counter in the dining area of a
full-service restaurant licensee, the full-service restaurant licensee may sell, offer for sale, or
furnish to the patron one drink that contains a single portion of an alcoholic product as
described in Section 
32B-5-304
 if:
(A) the patron is in a dispensing area and seated at a table, counter, or dispensing
structure; and
(B) the full-service restaurant licensee first confirms that after the patron is seated in
the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
premises.
(ii) If the patron does not finish the patron's alcoholic product before moving to a seat
in the dining area, an employee of the full-service restaurant licensee who is qualified to sell
and serve an alcoholic product under Section 
32B-5-306
 shall transport any unfinished portion
of the patron's alcoholic product to the patron's seat in the dining area.
(iii) For purposes of Subsection (8)(b)(i) a single portion of wine is 5 ounces or less.
(c) A full-service restaurant licensee shall maintain on the licensed premises adequate
culinary facilities for food preparation and dining accommodations.
(9) A patron may consume an alcoholic product only if the patron is seated at:
(a) a table that is located in a dining area or dispensing area;
(b) a counter that is located in a dining area or dispensing area; or
(c) a dispensing structure located in a dispensing area.
(10) (a) Subject to the other provisions of this Subsection (10), a patron may not have
more than two alcoholic products of any kind at a time before the patron.
(b) A patron may not have more than one spirituous liquor drink at a time before the
patron.
(c) An individual portion of wine is considered to be one alcoholic product under
Subsection (10)(a).
(11) In accordance with the provisions of this section, an individual who is at least 21
years of age may consume food and beverages in a dispensing area.
(12) (a) Except as provided in Subsection (12)(b), a minor may not sit, remain, or
consume food or beverages in a dispensing area.
(b) (i) A minor may be in a dispensing area if the minor is employed by the full-service
restaurant licensee:
(A) in accordance with Subsection 
32B-5-308
(2); or
(B) to perform maintenance and cleaning services when the full-service restaurant
licensee is not open for business.
(ii) If there is no alternative route available, a minor may momentarily pass through a
dispensing area without remaining or sitting in the dispensing area en route to an area of the
full-service restaurant licensee's premises in which the minor is permitted to be.
(13) Except as provided in Subsection 
32B-5-307
(3), a full-service restaurant licensee
may dispense an alcoholic product only if:
(a) the alcoholic product is dispensed from:
(i) a dispensing structure that is located in a dispensing area;
(ii) an area that is:
(A) separated from an area for the consumption of food by a patron by a solid,
translucent, permanent structural barrier such that the facilities for the storage or dispensing of
an alcoholic product are not readily visible to a patron and not accessible by a patron; and
(B) apart from an area used for dining, for staging, or as a [
lobby or
] waiting area; or
(iii) the premises of a bar licensee that is:
(A) owned by the same person or persons as the full-service restaurant licensee; and
(B) located immediately adjacent to the premises of the full-service restaurant licensee;
(b) the full-service restaurant licensee uses an alcoholic product that is stored in an area
described in Subsection (13)(a) or in accordance with Section 
32B-5-303
; and
(c) any instrument or equipment used to dispense alcoholic product is located in an
area described in Subsection (13)(a).
(14) (a) A full-service restaurant licensee may have more than one dispensing area in
the licensed premises.
(b) Each dispensing area in a licensed premises may satisfy the requirements for a
dispensing area under Subsection 
32B-6-202
(2)(a)(i), (ii), or (iii), regardless of how any other
dispensing area in the licensed premises satisfies the requirements for a dispensing area.
(15) A full-service restaurant licensee may not:
(a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
(b) display an alcoholic product or a product intended to appear like an alcoholic
product by moving a cart or similar device around the licensed premises.
(16) A full-service restaurant licensee may state in a food or alcoholic product menu a
charge or fee made in connection with the sale, service, or consumption of liquor, including:
(a) a set-up charge;
(b) a service charge; or
(c) a chilling fee.
(17) (a) In addition to the requirements described in Section 
32B-5-302
, a full-service
restaurant licensee shall maintain each of the following records for at least three years:
(i) a record required by Section 
32B-5-302
; and
(ii) a record that the commission requires a full-service restaurant licensee to use or
maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(b) The department shall audit the records of a full-service restaurant licensee at least
once each calendar year.
(18) (a) In accordance with Section 
32B-6-205.3
, a full-service restaurant licensee:
(i) may comply with the provisions of this section beginning on or after July 1, 2017;
and
(ii) shall comply with the provisions of this section:
(A) for a full-service restaurant licensee that does not have a grandfathered bar
structure, on and after July 1, 2018; or
(B) for a full-service restaurant licensee that has a grandfathered bar structure, on and
after July 1, 2022.
(b) A full-service restaurant licensee that elects to comply with the provisions of this
section before the latest applicable date described in Subsection (18)(a)(ii):
(i) shall comply with each provision of this section; and
(ii) is not required to comply with the provisions of Section 
32B-6-205
.
Section 38. Section 
32B-6-305.2
 is amended to read:
32B-6-305.2.
Specific operational requirements for a limited-service restaurant
license -- On and after July 1, 2018, or July 1, 2022.
(1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
Requirements, a limited-service restaurant licensee and staff of the limited-service restaurant
licensee shall comply with this section.
(b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a limited-service restaurant licensee;
(ii) individual staff of a limited-service restaurant licensee; or
(iii) both a limited-service restaurant licensee and staff of the limited-service restaurant
licensee.
(2) In addition to complying with Subsection 
32B-5-301
(3), a limited-service
restaurant licensee shall display in a conspicuous place at the entrance to the licensed premises
a sign approved by the commission that:
(a) measures at least 8-1/2 inches long and 11 inches wide; and
(b) clearly states that the limited-service restaurant licensee is a restaurant and not a
bar.
(3) In addition to complying with Section 
32B-5-303
, a limited-service restaurant
licensee shall store an alcoholic product in a storage area described in Subsection (13)(a).
(4) (a) An individual who serves an alcoholic product in a limited-service restaurant
licensee's premises shall make a beverage tab for each table or group that orders or consumes
an alcoholic product on the premises.
(b) A beverage tab described in this Subsection (4) shall state the type and amount of
each alcoholic product ordered or consumed.
(5) A limited-service restaurant licensee may not make an individual's willingness to
serve an alcoholic product a condition of employment with a limited-service restaurant
licensee.
(6) (a) A limited-service restaurant licensee may sell, offer for sale, or furnish wine or
heavy beer at the licensed premises during the following time periods only:
(i) on a weekday, during the period that begins at 11:30 a.m. and ends at 11:59 p.m.; or
(ii) on a weekend or a state or federal legal holiday or for a private event, during the
period that begins at 10:30 a.m. and ends at 11:59 p.m.
(b) A limited-service restaurant licensee may sell, offer for sale, or furnish beer at the
licensed premises during the following time periods only:
(i) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
(ii) on a weekend or a state or federal legal holiday or for a private event, during the
period that begins at 10:30 a.m. and ends at 12:59 a.m. 
(7) A limited-service restaurant licensee shall maintain at least 70% of the
limited-service restaurant licensee's total restaurant business from the sale of food, which does
not include a service charge.
(8) (a) A limited-service restaurant licensee may not sell, offer for sale, or furnish an
alcoholic product except after:
(i) the patron to whom the limited-service restaurant licensee sells, offers for sale, or
furnishes the alcoholic product is seated at:
(A) a table that is located in a dining area or a dispensing area;
(B) a counter that is located in a dining area or a dispensing area; or
(C) a dispensing structure that is located in a dispensing area; and
(ii) the limited-service restaurant licensee confirms that the patron intends to:
(A) order food prepared, sold, and furnished at the licensed premises; and
(B) except as provided in Subsection (8)(b), consume the food at the same location
where the patron is seated and sold, offered for sale, or furnished the alcoholic product.
(b) (i) While a patron waits for a seat at a table or counter in the dining area of a
limited-service restaurant licensee, the limited-service restaurant licensee may sell, offer for
sale, or furnish to the patron one drink that contains a single portion of an alcoholic product as
described in Section 
32B-5-304
 if:
(A) the patron is in a dispensing area and seated at a table, counter, or dispensing
structure; and
(B) the limited-service restaurant licensee first confirms that after the patron is seated
in the dining area, the patron intends to order food prepared, sold, and furnished at the licensed
premises.
(ii) If the patron does not finish the patron's alcoholic product before moving to a seat
in the dining area, an employee of the limited-service restaurant licensee who is qualified to
sell and serve an alcoholic product under Section 
32B-5-306
 shall transport any unfinished
portion of the patron's alcoholic product to the patron's seat in the dining area.
(iii) For purposes of Subsection (8)(b)(i) a single portion of wine is 5 ounces or less.
(c) A limited-service restaurant licensee shall maintain on the licensed premises
adequate culinary facilities for food preparation and dining accommodations.
(9) A patron may consume an alcoholic product only if the patron is seated at:
(a) a table that is located in a dining area or a dispensing area;
(b) a counter that is located in a dining area or a dispensing area; or
(c) a dispensing structure located in a dispensing area.
(10) (a) Subject to the other provisions of this Subsection (10), a patron may not have
more than two alcoholic products of any kind at a time before the patron.
(b) An individual portion of wine is considered to be one alcoholic product under
Subsection (10)(a).
(11) In accordance with the provisions of this section, an individual who is at least 21
years of age may consume food and beverages in a dispensing area.
(12) (a) Except as provided in Subsection (12)(b), a minor may not sit, remain, or
consume food or beverages in a dispensing area.
(b) (i) A minor may be in a dispensing area if the minor is employed by the
limited-service restaurant licensee:
(A) in accordance with Subsection 
32B-5-308
(2); or
(B) to perform maintenance and cleaning services when the limited-service restaurant
licensee is not open for business.
(ii) If there is no alternative route available, a minor may momentarily pass through a
dispensing area without remaining or sitting in the dispensing area en route to an area of the
limited-service restaurant licensee's premises in which the minor is permitted to be.
(13) Except as provided in Subsection 
32B-5-307
(3), a limited-service restaurant
licensee may dispense an alcoholic product only if:
(a) the alcoholic product is dispensed from:
(i) a dispensing structure that is located in a dispensing area;
(ii) an area that is:
(A) separated from an area for the consumption of food by a patron by a solid,
translucent, permanent structural barrier such that the facilities for the storage or dispensing of
an alcoholic product are not readily visible to a patron and not accessible by a patron; and
(B) apart from an area used for dining, for staging, or as a [
lobby or
] waiting area; or
(iii) the premises of a bar licensee that is:
(A) owned by the same person or persons as the limited-service restaurant licensee; and
(B) located immediately adjacent to the premises of the limited-service restaurant
licensee;
(b) the limited-service restaurant licensee uses an alcoholic product that is stored in an
area described in Subsection (13)(a) or in accordance with Section 
32B-5-303
; and
(c) any instrument or equipment used to dispense alcoholic product is located in an
area described in Subsection (13)(a).
(14) (a) A limited-service restaurant licensee may have more than one dispensing area
in the licensed premises.
(b) Each dispensing area in a licensed premises may satisfy the requirements for a
dispensing area under Subsection 
32B-6-202
(2)(a)(i), (ii), or (iii), regardless of how any other
dispensing area in the licensed premises satisfies the requirements for a dispensing area.
(15) A limited-service restaurant licensee may not:
(a) transfer, dispense, or serve an alcoholic product on or from a movable cart; or
(b) display an alcoholic product or a product intended to appear like an alcoholic
product by moving a cart or similar device around the licensed premises.
(16) A limited-service restaurant licensee may state in a food or alcoholic product
menu a charge or fee made in connection with the sale, service, or consumption of wine or
heavy beer, including:
(a) a set-up charge;
(b) a service charge; or
(c) a chilling fee.
(17) (a) In addition to the requirements described in Section 
32B-5-302
, a
limited-service restaurant licensee shall maintain each of the following records for at least three
years:
(i) a record required by Section 
32B-5-302
; and
(ii) a record that the commission requires a limited-service restaurant licensee to use or
maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(b) The department shall audit the records of a limited-service restaurant licensee at
least once each calendar year.
(18) (a) In accordance with Section 
32B-6-305.3
, a limited-service restaurant licensee:
(i) may comply with the provisions of this section beginning on or after July 1, 2017;
and
(ii) shall comply with the provisions of this section:
(A) for a limited-service restaurant licensee that does not have a grandfathered bar
structure, on and after July 1, 2018; or
(B) for a limited-service restaurant licensee that has a grandfathered bar structure, on
and after July 1, 2022.
(b) A limited-service restaurant licensee that elects to comply with the provisions of
this section before the latest applicable date described in Subsection (18)(a)(ii):
(i) shall comply with each provision of this section; and
(ii) is not required to comply with the provisions of Section 
32B-6-305
.
Section 39. Section 
32B-6-902
 is amended to read:
32B-6-902.
Definitions.
(1) As used in this part:
(a) (i) "Dining area" means an area in the licensed premises of a beer-only restaurant
licensee that is primarily used for the service and consumption of food by one or more patrons.
(ii) "Dining area" does not include a dispensing area.
(b) (i) "Dispensing area" means an area in the licensed premises of a beer-only
restaurant licensee where a dispensing structure is located and that:
(A) is physically separated from the dining area and any waiting area by a structure or
other barrier that prevents a patron seated in the dining area or a waiting area from viewing the
dispensing of beer;
(B) except as provided in Subsection (1)(b)(ii), measures at least 10 feet from any area
where beer is dispensed to the dining area and any waiting area, measured from the point of the
area where beer is dispensed that is closest to the dining area or waiting area; or
(C) is physically separated from the dining area and any waiting area by a permanent
physical structure that complies with the provisions of Title 15A, State Construction and Fire
Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act,
measures at least 42 inches high, and at least 60 inches from the inside edge of the barrier to
the nearest edge of the dispensing structure.
(ii) "Dispensing area" does not include any area described in Subsection (1)(b)(i)(B)
that is less than 10 feet from an area where [
alcoholic product
] 
beer
 is dispensed, but from
which a patron seated at a table or counter cannot view the dispensing of [
alcoholic product
]
beer
.
(c) "Grandfathered bar structure" means a bar structure in a licensed premises of a
beer-only restaurant licensee that:
(i) was licensed as an on-premise beer retailer as of August 1, 2011, and as of August
1, 2011:
(A) is operational;
(B) has facilities for the dispensing or storage of an alcoholic product that do not meet
the requirements of Subsection 
32B-6-905
(12)(a)(ii); and
(C) in accordance with Subsection 
32B-6-703
(2)(e), notifies the department that
effective March 1, 2012, the on-premise beer retailer licensee will seek to be licensed as a
beer-only restaurant; or
(ii) is a bar structure grandfathered under Section 
32B-6-409
.
(d) "Grandfathered bar structure" does not include a grandfathered bar structure
described in Subsection (1)(a) on or after the day on which a restaurant remodels the
grandfathered bar structure, as defined by rule made by the commission.
(e) "Waiting area" includes a lobby. 
(2) Subject to Subsection (1)(d), a grandfathered bar structure remains a grandfathered
bar structure notwithstanding whether a restaurant undergoes a change of ownership.
Section 40. Section 
32B-6-905.1
 is amended to read:
32B-6-905.1.
Specific operational requirements for a beer-only restaurant license
-- On and after July 1, 2018, or July 1, 2022.
(1) (a) In addition to complying with Chapter 5, Part 3, Retail Licensee Operational
Requirements, a beer-only restaurant licensee and staff of the beer-only restaurant licensee
shall comply with this section.
(b) Failure to comply with Subsection (1)(a) may result in disciplinary action in
accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a beer-only restaurant licensee;
(ii) individual staff of a beer-only restaurant licensee; or
(iii) both a beer-only restaurant licensee and staff of the beer-only restaurant licensee.
(2) (a) A beer-only restaurant licensee on the licensed premises may not sell, offer for
sale, furnish, or allow consumption of liquor.
(b) Liquor may not be on the premises of a beer-only restaurant licensee except for use:
(i) as a flavoring on a dessert; [
and
] 
or
(ii) in the preparation of a flaming food dish, drink, or dessert.
(3) In addition to complying with Section 
32B-5-303
, a beer-only restaurant licensee
shall store beer in a storage area described in Subsection (13)(a).
(4) (a) An individual who serves beer in a beer-only restaurant licensee's premises shall
make a beverage tab for each table or group that orders or consumes [
an alcoholic product
]
beer
 on the premises.
(b) A beverage tab described in this Subsection (4) shall state the type and amount of
each [
alcoholic product
] 
beer
 ordered or consumed.
(5) A beer-only restaurant licensee may not make an individual's willingness to serve
beer a condition of employment as a server with a beer-only restaurant licensee.
(6) A beer-only restaurant licensee may sell, offer for sale, or furnish beer at the
licensed premises during the following time periods only:
(a) on a weekday, during the period that begins at 11:30 a.m. and ends at 12:59 a.m.; or
(b) on a weekend or a state or federal legal holiday or for a private event, during the
period that begins at 10:30 a.m. and ends at 12:59 a.m. 
(7) A beer-only restaurant licensee shall maintain at least 70% of the beer-only
restaurant licensee's total restaurant business from the sale of food, which does not include a
service charge.
(8) (a) A beer-only restaurant licensee may not sell, offer for sale, or furnish beer
except after:
(i) the patron to whom the beer-only restaurant licensee sells, offers for sale, or
furnishes the beer is seated at:
(A) a table that is located in a dining area or a dispensing area;
(B) a counter that is located in a dining area or a dispensing area; or
(C) a dispensing structure that is located in a dispensing area; and
(ii) the beer-only restaurant licensee confirms that the patron intends to:
(A) order food prepared, sold, and furnished at the licensed premises; and
(B) except as provided in Subsection (8)(b), consume the food at the same location
where the patron is seated and sold, offered for sale, or furnished the beer.
(b) (i) While a patron waits for a seat at a table or counter in the dining area of a
beer-only restaurant licensee, the beer-only restaurant licensee may sell, offer for sale, or
furnish to the patron one portion of beer as described in Section 
32B-5-304
 if:
(A) the patron is in a dispensing area and seated at a table, counter, or dispensing
structure; and
(B) the beer-only restaurant licensee first confirms that after the patron is seated in the
dining area, the patron intends to order food prepared, sold, and furnished at the licensed
premises.
(ii) If the patron does not finish the patron's beer before moving to a seat in the dining
area, an employee of the beer-only restaurant licensee who is qualified to sell and serve an
alcoholic product under Section 
32B-5-306
 shall transport any unfinished portion of the
patron's beer to the patron's seat in the dining area.
(c) A beer-only restaurant licensee shall maintain on the licensed premises adequate
culinary facilities for food preparation and dining accommodations.
(9) A patron may consume a beer only at:
(a) a table that is located in a dining area or a dispensing area;
(b) a counter that is located in a dining area or a dispensing area; or
(c) a dispensing structure located in a dispensing area.
(10) A patron may not have more than two beers at a time before the patron.
(11) In accordance with the provisions of this section, an individual who is at least 21
years of age may consume food and beverages in a dispensing area.
(12) (a) Except as provided in Subsection (12)(b), a minor may not sit, remain, or
consume food or beverages in a dispensing area.
(b) (i) A minor may be in a dispensing area if the minor is employed by the beer-only
restaurant licensee:
(A) in accordance with Subsection 
32B-5-308
(2); or
(B) to perform maintenance and cleaning services when the beer-only restaurant
licensee is not open for business.
(ii) If there is no alternative route available, a minor may momentarily pass through a
dispensing area without remaining or sitting in the dispensing area en route to an area of the
beer-only restaurant licensee's premises in which the minor is permitted to be.
(13) A beer-only restaurant licensee may dispense a beer only if:
(a) the beer is dispensed from:
(i) a dispensing structure that is located in a dispensing area;
(ii) an area that is:
(A) separated from an area for the consumption of food by a patron by a solid,
translucent, permanent structural barrier such that the facilities for the storage or dispensing of
an alcoholic product are not readily visible to a patron[
,
] 
and
 not accessible by a patron; and
(B) apart from an area used for dining, for staging, or as a [
lobby or
] waiting area; or
(iii) the premises of a bar licensee that is:
(A) owned by the same person or persons as the beer-only restaurant licensee; and
(B) located immediately adjacent to the premises of the beer-only restaurant licensee;
(b) the beer-only restaurant licensee uses a beer that is stored in an area described in
Subsection (13)(a) or in accordance with Section 
32B-5-303
; and
(c) any instrument or equipment used to dispense the beer is located in an area
described in Subsection (13)(a).
(14) (a) A beer-only restaurant licensee may have more than one dispensing area in the
licensed premises.
(b) Each dispensing area in a licensed premises may satisfy the requirements for a
dispensing area under Subsection [
32B-6-202
(1)(b)(i)(A), (B), or (C)
] 
32B-6-202
(2)(a)(i), (ii),
or (iii)
, regardless of how any other dispensing area in the licensed premises satisfies the
requirements for a dispensing area.
(15) A beer-only restaurant licensee may not transfer, dispense, or serve beer on or
from a movable cart.
(16) (a) In addition to the requirements described in Section 
32B-5-302
, a beer-only
restaurant licensee shall maintain each of the following records for at least three years:
(i) a record required by Section 
32B-5-302
; and
(ii) a record that the commission requires a beer-only restaurant licensee to use or
maintain under a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(b) The department shall audit the records of a beer-only restaurant licensee at least
once each calendar year.
(17) A beer-only restaurant licensee shall display in a conspicuous place at the entrance
to the licensed premises a sign approved by the commission that:
(a) measures at least 8-1/2 inches long and 11 inches wide; and
(b) clearly states that the beer-only restaurant licensee is a restaurant and not a bar.
(18) (a) In accordance with Section 
32B-6-905.2
, a beer-only restaurant licensee:
(i) may comply with the provisions of this section beginning on or after July 1, 2017;
and
(ii) shall comply with the provisions of this section:
(A) for a beer-only restaurant licensee that does not have a grandfathered bar structure,
on and after July 1, 2018; or
(B) for a beer-only restaurant licensee that has a grandfathered bar structure, on and
after July 1, 2022.
(b) A beer-only restaurant licensee that elects to comply with the provisions of this
section before the latest applicable date described in Subsection (18)(a)(ii):
(i) shall comply with each provision of this section; and
(ii) is not required to comply with the provisions of Section 
32B-6-905
.
Section 41. Section 
32B-6-905.2
 is amended to read:
32B-6-905.2.
Transition process for beer-only restaurant licensees.
(1) For a beer-only restaurant license issued on or after July 1, 2017, the beer-only
restaurant licensee shall comply with the provisions of Section 
32B-6-905.1
.
(2) For a beer-only restaurant license issued before July 1, 2017, before the beer-only
restaurant licensee changes the beer-only restaurant licensee's approved location for storage,
dispensing, or consumption to comply with the provisions of Section 
[
32B-6-901.1
]
32B-6-905.1
, the beer-only restaurant licensee shall submit an application for approval to the
department in accordance with Subsection 
32B-5-303
(3).
(3) (a) Except as provided in Subsection (4), a person who holds a beer-only restaurant
license issued before July 1, 2017, shall comply with the provisions of Section 
[
32B-6-901.1
]
32B-6-905.1
 on or before July 1, 2018.
(b) A beer-only restaurant licensee described in Subsection (3)(a) that cannot comply
with the provisions of Section 
[
32B-6-901.1
] 
32B-6-905.1
 without a change to the beer-only
restaurant licensee's approved location for storage, dispensing, or consumption:
(i) may submit an application for approval described in Subsection (2) on or after May
9, 2017; and
(ii) shall submit an application for approval described in Subsection (2) on or before
May 1, 2018.
(c) If a beer-only restaurant licensee described in Subsection (3)(a) submits an
application for approval described in Subsection (2) on May 9, 2017, the department shall take
action on the application on or before July 1, 2017.
(4) (a) A person who holds a beer-only restaurant license issued before July 1, 2017,
and has a grandfathered bar structure shall comply with the provisions of Section
[
32B-6-901.1
] 
32B-6-905.1
 on or before the earlier of:
(i) July 1, 2022;
(ii) the date on which the beer-only restaurant licensee remodels, as defined by
commission rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the beer-only restaurant licensee's grandfathered bar structure or dining area;
or
(iii) the date on which the beer-only restaurant licensee experiences a change of
ownership described in Subsection 
32B-8a-202
(1).
(b) A beer-only restaurant licensee described in Subsection (4)(a) that cannot comply
with the provisions of Section 
[
32B-6-901.1
] 
32B-6-905.1
 without a change to the beer-only
restaurant licensee's approved location for storage, dispensing, or consumption:
(i) may submit an application for approval described in Subsection (2) on or after May
9, 2017; and
(ii) shall submit an application for approval described in Subsection (2) on or before
May 1, 2022.
Section 42. Section 
36-23-106
 is amended to read:
36-23-106.
Duties -- Reporting.
(1) The committee shall:
(a) for each application submitted in accordance with Section 
36-23-105
, conduct a
sunrise review in accordance with Section 
36-23-107
 before November 1:
(i) of the year in which the application is submitted, if the application is submitted on
or before July 1; or
(ii) of the year following the year in which the application is submitted, if the
application is submitted after July 1; 
and
(b) (i) conduct a sunset review for each statute regarding a regulated lawful occupation
that is scheduled for termination under Title 63I, Chapter 1, Part 2, Repeal Dates 
Requiring
Committee Review
 by Title;
(ii) conduct a sunset review under this Subsection (1)(b) before November 1 of the year
prior to the last general session of the Legislature that is scheduled to meet before the
scheduled termination date; and
(iii) conduct a review or study regarding any other occupational or professional
licensure or other regulation matter referred to the committee by the Legislature, the Legislative
Management Committee, or other legislative committee.
(2) (a) The committee may conduct a review or study regarding any occupational or
professional regulation matter.
(b) In conducting a review or study under this Subsection (2), the committee shall
consider if the committee's recommendations would negatively affect the interest of members
of the regulated lawful occupation, including the effect on matters of reciprocity with other
states.
(3) The committee shall submit, in accordance with Section 
68-3-14
, an annual written
report before November 1 to:
(a) the Legislative Management Committee; and
(b) the Business and Labor Interim Committee.
(4) The written report required by Subsection (3) shall include:
(a) all findings and recommendations made by the committee in the calendar year; and
(b) a summary report of each review or study conducted by the committee stating:
(i) whether the review or study included a review of specific proposed or existing
statutory language;
(ii) action taken by the committee as a result of the review or study; and
(iii) a record of the vote for each action taken by the committee.
Section 43. Section 
49-11-609
 is amended to read:
49-11-609.
Beneficiary designations -- Revocation of beneficiary designation --
Procedure -- Beneficiary not designated -- Payment to survivors in order established
under the Uniform Probate Code -- Restrictions on payment -- Payment of deceased's
expenses.
(1) As used in this section, "member" includes a member, retiree, participant, covered
individual, a spouse of a retiree participating in the insurance benefits created by Sections
49-12-404
, 
49-13-404
, 
49-22-307
, and 
49-23-306
, or an alternate payee under a domestic
relations order dividing a defined contribution account.
(2) (a) Except as provided under Subsection (2)(b) or (c), the most recent beneficiary
designations signed by the member and filed with the office, including electronic records, at the
time of the member's death are binding in the payment of any benefits due under this title.
(b) (i) The divorce or annulment of a member's marriage shall revoke the member's
former spouse as a beneficiary from any of the member's beneficiary designations.
(ii) A revocation of a former spouse as a beneficiary in accordance with Subsection
(2)(b)(i) does not revoke any other beneficiaries named on the member's beneficiary
designations.
(c) A former spouse whose beneficiary designation is revoked solely under Subsection
(2)(b) shall be revived on the member's beneficiary designations by:
(i) the member's remarriage to the former spouse; or
(ii) a nullification of the divorce or annulment.
(d) A revocation under Subsection (2)(b) does not apply to a former spouse named as a
beneficiary in a beneficiary designation signed by the member and filed with the office after the
date of the divorce or annulment.
(e) The office is not liable for having made a payment of any benefits to a beneficiary
designated in a beneficiary designation affected by a divorce, annulment, or remarriage before
the office received written notice of the divorce, annulment, or remarriage.
(3) (a) Except where an optional continuing benefit is chosen, or the law makes a
specific benefit designation to a dependent spouse, a member may revoke a beneficiary
designation at any time and may execute and file a different beneficiary designation with the
office.
(b) A beneficiary designation or change of beneficiary designation shall be completed
on forms provided by the office.
(4) (a) All benefits payable by the office may be paid or applied to the benefit of the
[
descendent's
] 
decedent's
 heirs in the order of precedence established under Title 75, Chapter 2,
Intestate Succession and Wills, if:
(i) no beneficiary is designated or if all designated beneficiaries have predeceased the
member;
(ii) the location of the beneficiary or secondary beneficiaries cannot be ascertained by
the office within 12 months of the date a reasonable attempt is made by the office to locate the
beneficiaries; or
(iii) the beneficiary has not completed the forms necessary to pay the benefits within
six months of the date that beneficiary forms are sent to the beneficiary's last-known address.
(b) (i) A payment may not be made to a person included in any of the groups referred
to in Subsection (4)(a) if at the date of payment there is a living person in any of the groups
preceding it.
(ii) Payment to a person in any group based upon receipt from the person of an
affidavit in a form satisfactory to the office that:
(A) there are no living individuals in the group preceding it;
(B) the probate of the estate of the deceased has not been commenced; and
(C) more than 30 days have elapsed since the date of death of the decedent.
(5) Benefits paid under this section shall be:
(a) a full satisfaction and discharge of all claims for benefits under this title; and
(b) payable by reason of the death of the decedent.
Section 44. Section 
49-20-401
 is amended to read:
49-20-401.
Program -- Powers and duties.
(1) The program shall:
(a) act as a self-insurer of employee benefit plans and administer those plans;
(b) enter into contracts with private insurers or carriers to underwrite employee benefit
plans as considered appropriate by the program;
(c) indemnify employee benefit plans or purchase commercial reinsurance as
considered appropriate by the program;
(d) provide descriptions of all employee benefit plans under this chapter in cooperation
with covered employers;
(e) process claims for all employee benefit plans under this chapter or enter into
contracts, after competitive bids are taken, with other benefit administrators to provide for the
administration of the claims process;
(f) obtain an annual actuarial review of all health and dental benefit plans and a
periodic review of all other employee benefit plans;
(g) consult with the covered employers to evaluate employee benefit plans and develop
recommendations for benefit changes;
(h) annually submit a budget and audited financial statements to the governor and
Legislature which includes total projected benefit costs and administrative costs;
(i) maintain reserves sufficient to liquidate the unrevealed claims liability and other
liabilities of the employee benefit plans as certified by the program's consulting actuary;
(j) submit, in advance, its recommended benefit adjustments for state employees to:
(i) the Legislature; and
(ii) the executive director of the state Department of Human Resource Management;
(k) determine benefits and rates, upon approval of the board, for multiemployer risk
pools, retiree coverage, and conversion coverage;
(l) determine benefits and rates based on the total estimated costs and the employee
premium share established by the Legislature, upon approval of the board, for state employees;
(m) administer benefits and rates, upon ratification of the board, for single employer
risk pools;
(n) request proposals for provider networks or health and dental benefit plans
administered by third party carriers at least once every three years for the purposes of:
(i) stimulating competition for the benefit of covered individuals;
(ii) establishing better geographical distribution of medical care services; and
(iii) providing coverage for both active and retired covered individuals;
(o) offer proposals which meet the criteria specified in a request for proposals and
accepted by the program to active and retired state covered individuals and which may be
offered to active and retired covered individuals of other covered employers at the option of the
covered employer;
(p) perform the same functions established in Subsections (1)(a), (b), (e), and (h) for
the Department of Health if the program provides program benefits to children enrolled in the
Utah Children's Health Insurance Program created in Title 26, Chapter 40, Utah Children's
Health Insurance Act;
(q) establish rules and procedures governing the admission of political subdivisions or
educational institutions and their employees to the program;
(r) contract directly with medical providers to provide services for covered individuals;
(s) take additional actions necessary or appropriate to carry out the purposes of this
chapter;
(t) (i) require state employees and their dependents to participate in the electronic
exchange of clinical health records in accordance with Section 
26-1-37
 unless the enrollee opts
out of participation; and
(ii) prior to enrolling the state employee, each time the state employee logs onto the
program's website, and each time the enrollee receives written enrollment information from the
program, provide notice to the enrollee of the enrollee's participation in the electronic exchange
of clinical health records and the option to opt out of participation at any time; and
(u) provide services for drugs or medical devices at the request of a procurement unit,
as that term is defined in Section [
63G-6a-104
] 
63G-6a-103
, that administers benefits to
program recipients who are not covered by Title 26, Utah Health Code.
(2) (a) Funds budgeted and expended shall accrue from rates paid by the covered
employers and covered individuals.
(b) Administrative costs shall be approved by the board and reported to the governor
and the Legislature.
(3) The Department of Human Resource Management shall include the benefit
adjustments described in Subsection (1)(j) in the total compensation plan recommended to the
governor required under Subsection 
67-19-12
(5)(a).
Section 45. Section 
53B-8-101
 is amended to read:
53B-8-101.
Waiver of tuition.
(1) (a) The president of an institution of higher education described in Section
53B-2-101
 may waive all or part of the tuition in behalf of meritorious or impecunious resident
students to an amount not exceeding 10% of the total amount of tuition which, in the absence
of the waivers, would have been collected from all Utah resident students at the institution of
higher education.
(b) Two and a half percent of the waivers designated in Subsection (1)(a) shall be set
aside for members of the Utah National Guard. Waivers shall be preserved by the student at
least 60 days before the beginning of an academic term.
(2) (a) A president of an institution of higher education listed in Subsections
53B-2-101
(1)(a) through (h) may waive all or part of the nonresident portion of tuition for a
meritorious nonresident undergraduate student.
(b) In determining which students are meritorious for purposes of granting a tuition
waiver under Subsection (2)(a), a president shall consider students who are performing above
the average at the institution of higher education, including having an admissions index higher
than the average for the institution, if an admissions index is used.
(c) A president may continue to waive the nonresident portion of tuition for a student
described in Subsection (2)(a) for as long as the student is enrolled at the institution of higher
education.
(d) In addition to waiving the nonresident portion of tuition for a meritorious
nonresident student under Subsection (2)(a), a president may waive the resident portion of
tuition after the meritorious nonresident student completes a year of full-time study at the
institution of higher education.
(3) To encourage students to enroll for instruction in occupations critical to the state for
which trained personnel are in short supply, a president of an institution of higher education
shall grant additional full or partial tuition waivers upon recommendation of:
(a) the board, for an institution of higher education described in Subsection
53B-1-102
(1)(a); or
(b) the Utah System of Technical Colleges Board of Trustees, for a technical college.
(4) A president may waive all or part of the difference between resident and
nonresident tuition in the case of:
(a) meritorious graduate students; or
(b) nonresident summer school students.
(5) (a) The board shall submit an annual budget appropriation request for each
institution of higher education described in Subsections 
53B-2-101
(1)(a) through (h).
(b) The Utah System of Technical Colleges Board of Trustees shall submit an annual
budget appropriation request for each technical college.
(c) A request described in Subsection (5)(a) or (b) shall include requests for funds
sufficient in amount to equal the estimated loss of dedicated credits that would be realized if all
of the tuition waivers authorized by Subsection (2) were granted.
Section 46. Section 
53B-8-202
 is amended to read:
53B-8-202.
Regents' Scholarship Program -- General provisions -- Board policies.
(1) This section only applies to a student who graduates from high school on or before
July 1, 2018.
(2) The Regents' Scholarship Program is created to award merit scholarships to
students who complete a rigorous core course of study in high school.
(3) (a) A student who is awarded the Base Regents' scholarship established in Section
53B-8-203
 may also be awarded each of the supplemental awards established in Sections
53B-8-204
 and 
53B-8-205
.
(b) A student may not receive both a Regents' scholarship and a New Century
scholarship established in Section 
53B-8-105
.
(4) A Regents' scholarship may only be used at a:
(a) credit-granting higher education institution within the state system of higher
education; or
(b) private, nonprofit college or university in the state that is accredited by the
Northwest Commission on Colleges and Universities.
(5) (a) A scholarship holder shall enroll full-time at a higher education institution
described in Subsection (4) by no later than the fall term immediately following the student's
high school graduation date or receive an approved deferral from the board.
(b) The board may grant a deferral or leave of absence to a scholarship holder, but the
student may only receive scholarship money within five years of the student's high school
graduation date.
(6) (a) The board shall annually report on the Regents' Scholarship Program at the
beginning of each school year to the Higher Education Appropriations Subcommittee.
(b) The board shall ensure that the report includes the number of students in each
school district and public high school who meet the academic criteria for the Base Regents'
scholarship and for the Exemplary Academic Achievement Scholarship.
(c) The State Board of Education, school districts, and public high schools shall
cooperate with the board to facilitate the collection and distribution of Regents' Scholarship
Program data.
(7) The State Board of Education shall annually provide the board a complete list of
directory information, including student name and address, for all grade 8 students in the state.
(8) The board shall adopt policies establishing:
(a) the high school and college course requirements described in Subsection
[
53B-2-203
] 
53B-8-203
(2)(d)(i);
(b) the additional weights assigned to grades earned in certain courses described in
Subsections 
53B-8-203
(5) and 
53B-8-205
(8);
(c) the regional accrediting bodies that may accredit a private high school described in
Subsection 
53B-8-203
(2)(a)(ii);
(d) (i) the application process and an appeal process for a Regents' scholarship,
including procedures to allow a student to apply for the scholarship on-line; and
(ii) a disclosure on all applications and related materials that the amount of the awards
is subject to funding and may be reduced, in accordance with Subsection (9)(b); and
(e) how college credits correlate to high school units for purposes of Subsection
53B-8-203
(2)(d)(i).
(9) (a) Subject to future budget constraints, the Legislature shall make an annual
appropriation from the Education Fund to the board for the costs associated with the Regents'
Scholarship Program authorized under this section and Sections 
53B-8-203
, 
53B-8-204
, and
53B-8-205
.
(b) Notwithstanding the provisions of this section and Sections 
53B-8-203
, 
53B-8-204
,
and 
53B-8-205
, if the appropriation under Subsection (9)(a) is insufficient to cover the costs
associated with the Regents' Scholarship Program, the board may reduce the amount of the
Base Regents' scholarships and supplemental awards.
(10) The board may set deadlines for receiving Regents' scholarship applications and
supporting documentation.
Section 47. Section 
53F-8-303
 is amended to read:
53F-8-303.
Capital local levy -- First class county required levy -- Allowable uses
of collected revenue.
(1) (a) Subject to the other requirements of this section, a local school board may levy a
tax to fund the school district's capital projects.
(b) A tax rate imposed by a school district pursuant to this section may not exceed
.0030 per dollar of taxable value in any calendar year.
(2) A school district that imposes a capital local levy in the calendar year beginning on
January 1, 2012, is exempt from the public notice and hearing requirements of Section
59-2-919
 if the school district budgets an amount of ad valorem property tax revenue equal to
or less than the sum of the following amounts:
(a) the amount of revenue generated during the calendar year beginning on January 1,
2011, from the sum of the following levies of a school district:
(i) a capital outlay levy imposed under Section 
53F-8-401
; and
(ii) the portion of the 10% of basic levy described in Section 
53F-8-405
 that is
budgeted for debt service or capital outlay; and
(b) revenue from eligible new growth as defined in Section 
59-2-924
.
[
(3) (a) Subject to Subsections (3)(b), (c), and (d), for fiscal year 2013-14, a local
school board may utilize the proceeds of a maximum of .0024 per dollar of taxable value of the
local school board's annual capital local levy for general fund purposes if the proceeds are not
committed or dedicated to pay debt service or bond payments.
]
[
(b) If a local school board uses the proceeds described in Subsection (3)(a) for general
fund purposes, the local school board shall notify the public of the local school board's use of
the capital local levy proceeds for general fund purposes:
]
[
(i) before the local school board's budget hearing in accordance with the notification
requirements described in Section 
53G-7-303
; and
]
[
(ii) at a budget hearing required in Section 
53G-7-303
.
]
[
(c) A local school board may not use the proceeds described in Subsection (3)(a) to
fund the following accounting function classifications as provided in the Financial Accounting
for Local and State School Systems guidelines developed by the National Center for Education
Statistics:
]
[
(i) 2300 Support Services - General District Administration; or
]
[
(ii) 2500 Support Services - Central Services.
]
Section 48. Section 
53G-3-304
 is amended to read:
53G-3-304.
Property tax levies in new district and remaining district --
Distribution of property tax revenue.
(1) Notwithstanding terms defined in Section 
53G-3-102
, as used in this section:
(a) "Divided school district" or "existing district" means a school district from which a
new district is created.
(b) "New district" means a school district created under Section 
53G-3-302
 after May
10, 2011.
(c) "Property tax levy" means a property tax levy that a school district is authorized to
impose, except:
(i) the minimum basic rate imposed under Section 
53F-2-301
;
(ii) a debt service levy imposed under Section 
11-14-310
; or
(iii) a judgment levy imposed under Section 
59-2-1330
.
(d) "Qualifying taxable year" means the calendar year in which a new district begins to
provide educational services.
(e) "Remaining district" means an existing district after the creation of a new district.
(2) A new district and remaining district shall continue to impose property tax levies
that were imposed by the divided school district in the taxable year prior to the qualifying
taxable year.
(3) Except as provided in Subsection (6), a property tax levy that a new district and
remaining district are required to impose under Subsection (2) shall be set at a rate that:
(a) is uniform in the new district and remaining district; and
(b) generates the same amount of revenue that was generated by the property tax levy
within the divided school district in the taxable year prior to the qualifying taxable year.
(4) [
(a) Except as provided in Subsection (4)(b), the
] 
The
 county treasurer of the
county in which a property tax levy is imposed under Subsection (2) shall distribute revenues
generated by the property tax levy to the new district and remaining district in proportion to the
percentage of the divided school district's enrollment on the October 1 prior to the new district
commencing educational services that were enrolled in schools currently located in the new
district or remaining district.
[
(b) The county treasurer of a county of the first class shall distribute revenues
generated by a capital local levy of .0006 that a school district in a county of the first class is
required to impose under Section 
53F-8-303
 in accordance with the distribution method
specified in Section 
53A-16-114
.
]
(5) On or before March 31, a county treasurer shall distribute revenues generated by a
property tax levy imposed under Subsection (2) in the prior calendar year to a new district and
remaining district as provided in Subsection (4).
(6) (a) Subject to the notice and public hearing requirements of Section 
59-2-919
, a
new district or remaining district may set a property tax rate higher than the rate required by
Subsection (3), up to:
(i) the maximum rate, if any, allowed by law; or
(ii) the maximum rate authorized by voters for a voted local levy under Section
53F-8-301
.
(b) The revenues generated by the portion of a property tax rate in excess of the rate
required by Subsection (3) shall be retained by the district that imposes the higher rate.
Section 49. Section 
55-12-116
 is amended to read:
55-12-116.
Financial arrangements.
The compact administrator, subject to the approval of the [
Department
] 
Division
 of
Finance, may make or arrange for any payments necessary to discharge any financial
obligations imposed upon this state by the compact or by any supplementary agreement entered
into.
Section 50. Section 
57-19-5
 is amended to read:
57-19-5.
Registration -- Filing application.
(1) A person may apply for registration of a development by filing with the division:
(a) an application in the form prescribed by the director;
(b) the written disclosure described in Section 
57-19-11
; and
(c) financial statements and other information that the director may by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, require as being
reasonably necessary to determine whether the requirements of this chapter have been met and
whether any of the events specified in Subsection 
57-19-13
[
(1)
]
(2)
(g) have occurred.
(2) An interest in a development that is encumbered by a lien, mortgage, or other
encumbrance may not be accepted for registration or offered to the public unless:
(a) adequate release or nondisturbance clauses are contained in the encumbering
instruments to reasonably assure that the purchaser's interest in the development will not be
defeated; or
(b) the division accepts other equivalent assurances that, in the division's opinion, meet
the purposes of this Subsection (2).
(3) (a) A person who applies for a development registration shall include with the
application a filing fee of $500 for up to 100 interests, plus an additional $3 per interest for
each interest over 100, up to a maximum of $2,500 for each application.
(b) If the division determines that an on-site inspection of the development is
necessary, the development shall pay the division the actual amount of the costs and expenses
incurred by the division in performing the on-site inspection.
(4) A person may add an additional site or interest to an approved development
registration by:
(a) filing an application for consolidation accompanied by an additional fee of $200
plus $3 for each additional interest, up to a maximum of $1,250 for each application; and
(b) providing the information required under Subsection (1) for each additional site or
interest.
Section 51. Section 
58-37f-304
 is amended to read:
58-37f-304.
Database utilization.
(1) As used in this section:
(a) "Dispenser" means a licensed pharmacist, as described in Section 
58-17b-303
, or
the pharmacist's licensed intern, as described in Section 
58-17b-304
, who is also licensed to
dispense a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act.
(b) "Outpatient" means a setting in which an individual visits a licensed healthcare
facility or a healthcare provider's office for a diagnosis or treatment but is not admitted to a
licensed healthcare facility for an overnight stay.
(c) "Prescriber" means an individual authorized to prescribe a controlled substance
under Title 58, Chapter 37, Utah Controlled Substances Act.
(d) "Schedule II opioid" means those substances listed in Subsection 
58-37-4
(2)(b)(i)
or (2)(b)(ii).
(e) "Schedule III opioid" means those substances listed in Subsection 
58-37-4
(2)(c)
that are opioids.
(2) (a) A prescriber shall substantially comply with this Subsection (2).
(b) Except as provided in Subsection (2)[
(b)
]
(c)
, a prescriber shall check the database
for information about a patient before the first time the prescriber gives a prescription to a
patient for a Schedule II opioid or a Schedule III opioid.
(c) A prescriber is not required to check the database under Subsection (2)(b) if:
(i) the prescription for a Schedule II opioid or a Schedule III opioid is for three days or
fewer on the daily dosage instructions on the prescription;
(ii) the prescriber has prior knowledge of the patient's prescription history based on the
prescriber's review of the patient's health record; or
(iii) the prescription for a Schedule II opioid or a Schedule III opioid is a post surgical
prescription and the total duration of opioid written after the surgery has been for 30 days or
fewer.
(d) If a prescriber is repeatedly prescribing a Schedule II opioid or Schedule III opioid
to a patient, the prescriber shall periodically review information about the patient in:
(i) the database; or
(ii) other similar records of controlled substances the patient has filled.
(e) A prescriber may assign the access and review required under Subsections (2)(b)
and (2)(c) to one or more employees in accordance with Subsections 
58-37f-301
(2)(i) and (j).
(f) The division shall not take action against the license of a prescriber for failure to
follow this Subsection (2) if the prescriber demonstrates substantial compliance with the
requirements of this Subsection (2).
(3) The division shall, in collaboration with the licensing boards for prescribers and
dispensers:
(a) develop a system that gathers and reports to prescribers and dispensers the progress
and results of the prescriber's and dispenser's individual access and review of the database, as
provided in this section; and
(b) reduce or waive the division's continuing education requirements regarding opioid
prescriptions, described in Section 
58-37-6.5
, including the online tutorial and test relating to
the database, for prescribers and dispensers whose individual utilization of the database, as
determined by the division, demonstrates substantial compliance with this section.
(4) If the dispenser's access and review of the database suggest that the individual
seeking an opioid may be obtaining opioids in quantities or frequencies inconsistent with
generally recognized standards as provided in this section and Section 
58-37f-201
, the
dispenser shall reasonably attempt to contact the prescriber to obtain the prescriber's informed,
current, and professional decision regarding whether the prescribed opioid is medically
justified, notwithstanding the results of the database search.
Section 52. Section 
58-55-102
 is amended to read:
58-55-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) (a) "Alarm business or company" means a person engaged in the sale, installation,
maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system,
except as provided in Subsection (1)(b).
(b) "Alarm business or company" does not include:
(i) a person engaged in the manufacture or sale of alarm systems unless:
(A) that person is also engaged in the installation, maintenance, alteration, repair,
replacement, servicing, or monitoring of alarm systems;
(B) the manufacture or sale occurs at a location other than a place of business
established by the person engaged in the manufacture or sale; or
(C) the manufacture or sale involves site visits at the place or intended place of
installation of an alarm system; or
(ii) an owner of an alarm system, or an employee of the owner of an alarm system who
is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
of the alarm system owned by that owner.
(2) "Alarm company agent":
(a) except as provided in Subsection (2)(b), means any individual employed within this
state by an alarm business; and
(b) does not include an individual who:
(i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,
servicing, or monitoring of an alarm system; and
(ii) does not, during the normal course of the individual's employment with an alarm
business, use or have access to sensitive alarm system information.
(3) "Alarm system" means equipment and devices assembled for the purpose of:
(a) detecting and signaling unauthorized intrusion or entry into or onto certain
premises; or
(b) signaling a robbery or attempted robbery on protected premises.
(4) "Apprentice electrician" means a person licensed under this chapter as an
apprentice electrician who is learning the electrical trade under the immediate supervision of a
master electrician, residential master electrician, a journeyman electrician, or a residential
journeyman electrician.
(5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
plumber who is learning the plumbing trade under the immediate supervision of a master
plumber, residential master plumber, journeyman plumber, or a residential journeyman
plumber.
(6) "Approved continuing education" means instruction provided through courses
under a program established under Subsection 
58-55-302.5
(2).
(7) (a) "Approved prelicensure course provider" means a provider that is approved by
the commission with the concurrence of the director, and that meets the requirements
established by rule by the commission with the concurrence of the director, to teach the
25-hour course described in Subsection 
58-55-302
(1)(e)(iii).
(b) "Approved prelicensure course provider" may only include a provider that, in
addition to any other locations, offers the 25-hour course described in Subsection
58-55-302
(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
County, Utah County, Davis County, or Weber County.
(8) "Board" means the Electrician Licensing Board, Alarm System Security and
Licensing Board, or Plumbers Licensing Board created in Section 
58-55-201
.
(9) "Combustion system" means an assembly consisting of:
(a) piping and components with a means for conveying, either continuously or
intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
appliance;
(b) the electric control and combustion air supply and venting systems, including air
ducts; and
(c) components intended to achieve control of quantity, flow, and pressure.
(10) "Commission" means the Construction Services Commission created under
Section 
58-55-103
.
(11) "Construction trade" means any trade or occupation involving:
(a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
or other project, development, or improvement to other than personal property; and
(ii) constructing, remodeling, or repairing a manufactured home or mobile home as
defined in Section 
15A-1-302
; or
(b) installation or repair of a residential or commercial natural gas appliance or
combustion system.
(12) "Construction trades instructor" means a person licensed under this chapter to
teach one or more construction trades in both a classroom and project environment, where a
project is intended for sale to or use by the public and is completed under the direction of the
instructor, who has no economic interest in the project.
(13) (a) "Contractor" means any person who for compensation other than wages as an
employee undertakes any work in the construction, plumbing, or electrical trade for which
licensure is required under this chapter and includes:
(i) a person who builds any structure on the person's own property for the purpose of
sale or who builds any structure intended for public use on the person's own property;
(ii) any person who represents that the person is a contractor, or will perform a service
described in this Subsection (13), by advertising on a website or social media, or any other
means;
(iii) any person engaged as a maintenance person, other than an employee, who
regularly engages in activities set forth under the definition of "construction trade";
(iv) any person engaged in, or offering to engage in, any construction trade for which
licensure is required under this chapter; or
(v) a construction manager, construction consultant, construction assistant, or any other
person who, for a fee:
(A) performs or offers to perform construction consulting;
(B) performs or offers to perform management of construction subcontractors;
(C) provides or offers to provide a list of subcontractors or suppliers; or
(D) provides or offers to provide management or counseling services on a construction
project.
(b) "Contractor" does not include:
(i) an alarm company or alarm company agent; or
(ii) a material supplier who provides consulting to customers regarding the design and
installation of the material supplier's products.
(14) (a) "Electrical trade" means the performance of any electrical work involved in the
installation, construction, alteration, change, repair, removal, or maintenance of facilities,
buildings, or appendages or appurtenances.
(b) "Electrical trade" does not include:
(i) transporting or handling electrical materials;
(ii) preparing clearance for raceways for wiring; or
(iii) work commonly done by unskilled labor on any installations under the exclusive
control of electrical utilities.
(c) For purposes of Subsection (14)(b):
(i) no more than one unlicensed person may be so employed unless more than five
licensed electricians are employed by the shop; and
(ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio
permitted by this Subsection (14)(c).
(15) "Elevator" means the same as that term is defined in Section 
34A-7-202
, except
that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an
incline platform lift.
(16) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under
this chapter that is engaged in the business of erecting, constructing, installing, altering,
servicing, repairing, or maintaining an elevator.
(17) "Elevator mechanic" means an individual who is licensed under this chapter as an
elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing,
repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.
(18) "Employee" means an individual as defined by the division by rule giving
consideration to the definition adopted by the Internal Revenue Service and the Department of
Workforce Services.
(19) "Engage in a construction trade" means to:
(a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
in a construction trade; or
(b) use the name "contractor" or "builder" or in any other way lead a reasonable person
to believe one is or will act as a contractor.
(20) (a) "Financial responsibility" means a demonstration of a current and expected
future condition of financial solvency evidencing a reasonable expectation to the division and
the board that an applicant or licensee can successfully engage in business as a contractor
without jeopardy to the public health, safety, and welfare.
(b) Financial responsibility may be determined by an evaluation of the total history
concerning the licensee or applicant including past, present, and expected condition and record
of financial solvency and business conduct.
(21) "Gas appliance" means any device that uses natural gas to produce light, heat,
power, steam, hot water, refrigeration, or air conditioning.
(22) (a) "General building contractor" means a person licensed under this chapter as a
general building contractor qualified by education, training, experience, and knowledge to
perform or superintend construction of structures for the support, shelter, and enclosure of
persons, animals, chattels, or movable property of any kind or any of the components of that
construction except plumbing, electrical work, mechanical work, work related to the operating
integrity of an elevator, and manufactured housing installation, for which the general building
contractor shall employ the services of a contractor licensed in the particular specialty, except
that a general building contractor engaged in the construction of single-family and multifamily
residences up to four units may perform the mechanical work and hire a licensed plumber or
electrician as an employee.
(b) The division may by rule exclude general building contractors from engaging in the
performance of other construction specialties in which there is represented a substantial risk to
the public health, safety, and welfare, and for which a license is required unless that general
building contractor holds a valid license in that specialty classification.
(23) (a) "General electrical contractor" means a person licensed under this chapter as a
general electrical contractor qualified by education, training, experience, and knowledge to
perform the fabrication, construction, and installation of generators, transformers, conduits,
raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses
electrical energy.
(b) The scope of work of a general electrical contractor may be further defined by rules
made by the commission, with the concurrence of the director, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(24) (a) "General engineering contractor" means a person licensed under this chapter as
a general engineering contractor qualified by education, training, experience, and knowledge to
perform construction of fixed works in any of the following: irrigation, drainage, water, power,
water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports
and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiring
specialized engineering knowledge and skill, piers, and foundations, or any of the components
of those works.
(b) A general engineering contractor may not perform construction of structures built
primarily for the support, shelter, and enclosure of persons, animals, and chattels.
(25) (a) "General plumbing contractor" means a person licensed under this chapter as a
general plumbing contractor qualified by education, training, experience, and knowledge to
perform the fabrication or installation of material and fixtures to create and maintain sanitary
conditions in a building by providing permanent means for a supply of safe and pure water, a
means for the timely and complete removal from the premises of all used or contaminated
water, fluid and semi-fluid organic wastes and other impurities incidental to life and the
occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and
industrial purposes.
(b) The scope of work of a general plumbing contractor may be further defined by rules
made by the commission, with the concurrence of the director, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(26) "Immediate supervision" means reasonable direction, oversight, inspection, and
evaluation of the work of a person:
(a) as the division specifies in rule;
(b) by, as applicable, a qualified electrician or plumber;
(c) as part of a planned program of training; and
(d) to ensure that the end result complies with applicable standards.
(27) "Individual" means a natural person.
(28) "Journeyman electrician" means a person licensed under this chapter as a
journeyman electrician having the qualifications, training, experience, and knowledge to wire,
install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
(29) "Journeyman plumber" means a person licensed under this chapter as a
journeyman plumber having the qualifications, training, experience, and technical knowledge
to engage in the plumbing trade.
(30) "Master electrician" means a person licensed under this chapter as a master
electrician having the qualifications, training, experience, and knowledge to properly plan,
layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
for light, heat, power, and other purposes.
(31) "Master plumber" means a person licensed under this chapter as a master plumber
having the qualifications, training, experience, and knowledge to properly plan and layout
projects and supervise persons in the plumbing trade.
(32) "Person" means a natural person, sole proprietorship, joint venture, corporation,
limited liability company, association, or organization of any type.
(33) (a) "Plumbing trade" means the performance of any mechanical work pertaining to
the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within
three feet beyond the outside walls of buildings, of pipes, fixtures, and fittings for the:
(i) delivery of the water supply;
(ii) discharge of liquid and water carried waste;
(iii) building drainage system within the walls of the building; and
(iv) delivery of gases for lighting, heating, and industrial purposes.
(b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the
safe and adequate supply of gases, together with their devices, appurtenances, and connections
where installed within the outside walls of the building.
(34) (a) "Ratio of apprentices" means, for the purpose of determining compliance with
the requirements for planned programs of training and electrician apprentice licensing
applications, the shop ratio of apprentice electricians to journeyman or master electricians shall
be one journeyman or master electrician to one apprentice on industrial and commercial work,
and one journeyman or master electrician to three apprentices on residential work.
(b) On-the-job training shall be under circumstances in which the ratio of apprentices
to supervisors is in accordance with a ratio of one-to-one on nonresidential work and up to
three apprentices to one supervisor on residential projects.
(35) "Residential and small commercial contractor" means a person licensed under this
chapter as a residential and small commercial contractor qualified by education, training,
experience, and knowledge to perform or superintend the construction of single-family
residences, multifamily residences up to four units, and commercial construction of not more
than three stories above ground and not more than 20,000 square feet, or any of the components
of that construction except plumbing, electrical work, mechanical work, and manufactured
housing installation, for which the residential and small commercial contractor shall employ
the services of a contractor licensed in the particular specialty, except that a residential and
small commercial contractor engaged in the construction of single-family and multifamily
residences up to four units may perform the mechanical work and hire a licensed plumber or
electrician as an employee.
(36) "Residential building," as it relates to the license classification of residential
journeyman plumber and residential master plumber, means a single or multiple family
dwelling of up to four units.
(37) (a) "Residential electrical contractor" means a person licensed under this chapter
as a residential electrical contractor qualified by education, training, experience, and
knowledge to perform the fabrication, construction, and installation of services, disconnecting
means, grounding devices, panels, conductors, load centers, lighting and plug circuits,
appliances, and fixtures in a residential unit.
(b) The scope of work of a residential electrical contractor may be further defined by
rules made by the commission, with the concurrence of the director, in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(38) "Residential journeyman electrician" means a person licensed under this chapter
as a residential journeyman electrician having the qualifications, training, experience, and
knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
and other purposes on buildings using primarily nonmetallic sheath cable.
(39) "Residential journeyman plumber" means a person licensed under this chapter as a
residential journeyman plumber having the qualifications, training, experience, and knowledge
to engage in the plumbing trade as limited to the plumbing of residential buildings.
(40) "Residential master electrician" means a person licensed under this chapter as a
residential master electrician having the qualifications, training, experience, and knowledge to
properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
and equipment for light, heat, power, and other purposes on residential projects.
(41) "Residential master plumber" means a person licensed under this chapter as a
residential master plumber having the qualifications, training, experience, and knowledge to
properly plan and layout projects and supervise persons in the plumbing trade as limited to the
plumbing of residential buildings.
(42) (a) "Residential plumbing contractor" means a person licensed under this chapter
as a [
general
] 
residential
 plumbing contractor qualified by education, training, experience, and
knowledge to perform the fabrication or installation of material and fixtures to create and
maintain sanitary conditions in residential buildings by providing permanent means for a
supply of safe and pure water, a means for the timely and complete removal from the premises
of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities
incidental to life and the occupation of such premises, and a safe and adequate supply of gases
for lighting, heating, and industrial purposes.
(b) The scope of work of a residential plumbing contractor may be further defined by
rules made by the commission, with the concurrence of the director, in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(43) "Residential project," as it relates to an electrician or electrical contractor, means
buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules
and regulations governing this work, including the National Electrical Code, and in which the
voltage does not exceed 250 volts line to line and 125 volts to ground.
(44) "Sensitive alarm system information" means:
(a) a pass code or other code used in the operation of an alarm system;
(b) information on the location of alarm system components at the premises of a
customer of the alarm business providing the alarm system;
(c) information that would allow the circumvention, bypass, deactivation, or other
compromise of an alarm system of a customer of the alarm business providing the alarm
system; and
(d) any other similar information that the division by rule determines to be information
that an individual employed by an alarm business should use or have access to only if the
individual is licensed as provided in this chapter.
(45) (a) "Specialty contractor" means a person licensed under this chapter under a
specialty contractor classification established by rule, who is qualified by education, training,
experience, and knowledge to perform those construction trades and crafts requiring
specialized skill, the regulation of which are determined by the division to be in the best
interest of the public health, safety, and welfare.
(b) A specialty contractor may perform work in crafts or trades other than those in
which the specialty contractor is licensed if they are incidental to the performance of the
specialty contractor's licensed craft or trade.
(46) "Unincorporated entity" means an entity that is not:
(a) an individual;
(b) a corporation; or
(c) publicly traded.
(47) "Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
and 
58-55-501
.
(48) "Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-55-502
 and as may be further defined by rule.
(49) "Wages" means amounts due to an employee for labor or services whether the
amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
the amount.
Section 53. Section 
58-87-401
 is amended to read:
58-87-401.
Prohibited conduct.
(1) An athlete agent, with the intent to influence a student athlete or, if the athlete is a
minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of
the following actions or encourage any other individual to take or assist any other individual in
taking any of the following actions on behalf of the agent:
(a) give materially false or misleading information or make a materially false promise
or representation;
(b) furnish anything of value to the athlete before the athlete enters into the contract; or
(c) furnish anything of value to an individual other than the athlete or another
registered athlete agent.
(2) An athlete agent may not intentionally do any of the following or encourage any
other individual to do any of the following on behalf of the agent:
(a) initiate contact, directly or indirectly, with a student athlete or, if the athlete is a
minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to
enter into an agency contract unless registered under this chapter;
(b) fail to create or retain or to permit inspection of the records required by Section
[
58-87-305
] 
58-87-304
;
(c) fail to register when required by Section 
58-87-201
;
(d) provide materially false or misleading information in an application for registration
or renewal of registration;
(e) predate or postdate an agency contract; or
(f) fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the
athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport
that the signing may make the athlete ineligible to participate as a student athlete in that sport.
Section 54. Section 
59-2-1346
 is amended to read:
59-2-1346.
Redemption -- Time allowed.
(1) Property may be redeemed on behalf of the record owner by any person at any time
before the tax sale which shall be held in May or June as provided in Section 
59-2-1351
following the lapse of four years from the date the property tax became delinquent.
(2) A person may redeem property by paying to the county treasurer all delinquent
taxes, interest, penalties, and administrative costs that have accrued on the property.
(3) (a) Subject to Subsection (3)(d), a person may redeem a subdivided lot by paying
the county treasurer the subdivided lot's proportional share of the delinquent taxes, interest,
penalties, and administrative costs accrued on the base parcel, calculated in accordance with
Subsection (3)(b).
(b) The county treasurer shall calculate the amount described in Subsection (3)(a) by
comparing:
(i) the amount of the value of the base parcel as described in Subsection (3)(b)(ii) that
is attributable to the property that comprises the subdivided lot as the property existed on
January 1 of the year in which the delinquent property taxes on the base parcel were assessed;
and
(ii) the value of the base parcel as it existed on January 1 of the year in which the
delinquent property taxes on the base parcel were assessed.
(c) If the county treasurer does not have sufficient information to calculate the amount
described in Subsection (3)[
(a)
]
(b)
(i), upon request from the county treasurer, the county
assessor shall provide the county treasurer any information necessary to calculate the amount
described in Subsection (3)[
(a)
]
(b)
(i).
(d) A person may redeem a subdivided lot under this Subsection (3) only if the record
owner of the subdivided lot is a bona fide purchaser.
(4) At any time before the expiration of the period of redemption the county treasurer
shall accept and credit on account for the redemption of property, payments in amounts of not
less than $10, except for the final payment, which may be in any amount. For the purpose of
computing the amount required for redemption and for the purpose of distributing the payments
received on account, all payments shall be applied in the following order:
(a) against the interest and administrative costs accrued on the delinquent tax for the
last year included in the delinquent account at the time of payment;
(b) against the penalty charged on the delinquent tax for the last year included in the
delinquent account at the time of payment;
(c) against the delinquent tax for the last year included in the delinquent account at the
time of payment;
(d) against the interest and administrative costs accrued on the delinquent tax for the
next to last year included in the delinquent account at the time of payment;
(e) and so on until the full amount of the delinquent taxes, penalties, administrative
costs, and interest on the unpaid balances are paid within the period of redemption.
Section 55. 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
] 
means the same as that term is
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
] 
means the same as that term is
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
.
(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 56. Section 
59-12-104
 is amended to read:
59-12-104.
Exemptions.
Exemptions from the taxes imposed by this chapter are as follows:
(1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
under Chapter 13, Motor and Special Fuel Tax Act;
(2) subject to Section 
59-12-104.6
, sales to the state, its institutions, and its political
subdivisions; however, this exemption does not apply to sales of:
(a) construction materials except:
(i) construction materials purchased by or on behalf of institutions of the public
education system as defined in Utah Constitution, Article X, Section 2, provided the
construction materials are clearly identified and segregated and installed or converted to real
property which is owned by institutions of the public education system; and
(ii) construction materials purchased by the state, its institutions, or its political
subdivisions which are installed or converted to real property by employees of the state, its
institutions, or its political subdivisions; or
(b) tangible personal property in connection with the construction, operation,
maintenance, repair, or replacement of a project, as defined in Section 
11-13-103
, or facilities
providing additional project capacity, as defined in Section 
11-13-103
;
(3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
(i) the proceeds of each sale do not exceed $1; and
(ii) the seller or operator of the vending machine reports an amount equal to 150% of
the cost of the item described in Subsection (3)(b) as goods consumed; and
(b) Subsection (3)(a) applies to:
(i) food and food ingredients; or
(ii) prepared food;
(4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
(i) alcoholic beverages;
(ii) food and food ingredients; or
(iii) prepared food;
(b) sales of tangible personal property or a product transferred electronically:
(i) to a passenger;
(ii) by a commercial airline carrier; and
(iii) during a flight for in-flight consumption or in-flight use by the passenger; or
(c) services related to Subsection (4)(a) or (b);
(5) (a) (i) beginning on July 1, 2008, and ending on September 30, 2008, sales of parts
and equipment:
(A) (I) by an establishment described in NAICS Code 336411 or 336412 of the 2002
North American Industry Classification System of the federal Executive Office of the
President, Office of Management and Budget; and
(II) for:
(Aa) installation in an aircraft, including services relating to the installation of parts or
equipment in the aircraft;
(Bb) renovation of an aircraft; or
(Cc) repair of an aircraft; or
(B) for installation in an aircraft operated by a common carrier in interstate or foreign
commerce; or
(ii) beginning on October 1, 2008, sales of parts and equipment for installation in an
aircraft operated by a common carrier in interstate or foreign commerce; and
(b) notwithstanding the time period of Subsection 
59-1-1410
(8) for filing for a refund,
a person may claim the exemption allowed by Subsection (5)(a)(i)(B) for a sale by filing for a
refund:
(i) if the sale is made on or after July 1, 2008, but on or before September 30, 2008;
(ii) as if Subsection (5)(a)(i)(B) were in effect on the day on which the sale is made;
(iii) if the person did not claim the exemption allowed by Subsection (5)(a)(i)(B) for
the sale prior to filing for the refund;
(iv) for sales and use taxes paid under this chapter on the sale;
(v) in accordance with Section 
59-1-1410
; and
(vi) subject to any extension allowed for filing for a refund under Section 
59-1-1410
, if
the person files for the refund on or before September 30, 2011;
(6) sales of commercials, motion picture films, prerecorded audio program tapes or
records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
exhibitor, distributor, or commercial television or radio broadcaster;
(7) (a) except as provided in Subsection (88) and subject to Subsection (7)(b), sales of
cleaning or washing of tangible personal property if the cleaning or washing of the tangible
personal property is not assisted cleaning or washing of tangible personal property;
(b) if a seller that sells at the same business location assisted cleaning or washing of
tangible personal property and cleaning or washing of tangible personal property that is not
assisted cleaning or washing of tangible personal property, the exemption described in
Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
or washing of the tangible personal property; and
(c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the commission may make rules:
(i) governing the circumstances under which sales are at the same business location;
and
(ii) establishing the procedures and requirements for a seller to separately account for
sales of assisted cleaning or washing of tangible personal property;
(8) sales made to or by religious or charitable institutions in the conduct of their regular
religious or charitable functions and activities, if the requirements of Section 
59-12-104.1
 are
fulfilled;
(9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
this state if the vehicle is:
(a) not registered in this state; and
(b) (i) not used in this state; or
(ii) used in this state:
(A) if the vehicle is not used to conduct business, for a time period that does not
exceed the longer of:
(I) 30 days in any calendar year; or
(II) the time period necessary to transport the vehicle to the borders of this state; or
(B) if the vehicle is used to conduct business, for the time period necessary to transport
the vehicle to the borders of this state;
(10) (a) amounts paid for an item described in Subsection (10)(b) if:
(i) the item is intended for human use; and
(ii) (A) a prescription was issued for the item; or
(B) the item was purchased by a hospital or other medical facility; and
(b) (i) Subsection (10)(a) applies to:
(A) a drug;
(B) a syringe; or
(C) a stoma supply; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the terms:
(A) "syringe"; or
(B) "stoma supply";
(11) purchases or leases exempt under Section 
19-12-201
;
(12) (a) sales of an item described in Subsection (12)(c) served by:
(i) the following if the item described in Subsection (12)(c) is not available to the
general public:
(A) a church; or
(B) a charitable institution;
(ii) an institution of higher education if:
(A) the item described in Subsection (12)(c) is not available to the general public; or
(B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan
offered by the institution of higher education; or
(b) sales of an item described in Subsection (12)(c) provided for a patient by:
(i) a medical facility; or
(ii) a nursing facility; and
(c) Subsections (12)(a) and (b) apply to:
(i) food and food ingredients;
(ii) prepared food; or
(iii) alcoholic beverages;
(13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
or a product transferred electronically by a person:
(i) regardless of the number of transactions involving the sale of that tangible personal
property or product transferred electronically by that person; and
(ii) not regularly engaged in the business of selling that type of tangible personal
property or product transferred electronically;
(b) this Subsection (13) does not apply if:
(i) the sale is one of a series of sales of a character to indicate that the person is
regularly engaged in the business of selling that type of tangible personal property or product
transferred electronically;
(ii) the person holds that person out as regularly engaged in the business of selling that
type of tangible personal property or product transferred electronically;
(iii) the person sells an item of tangible personal property or product transferred
electronically that the person purchased as a sale that is exempt under Subsection (25); or
(iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
this state in which case the tax is based upon:
(A) the bill of sale or other written evidence of value of the vehicle or vessel being
sold; or
(B) in the absence of a bill of sale or other written evidence of value, the fair market
value of the vehicle or vessel being sold at the time of the sale as determined by the
commission; and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules establishing the circumstances under which:
(i) a person is regularly engaged in the business of selling a type of tangible personal
property or product transferred electronically;
(ii) a sale of tangible personal property or a product transferred electronically is one of
a series of sales of a character to indicate that a person is regularly engaged in the business of
selling that type of tangible personal property or product transferred electronically; or
(iii) a person holds that person out as regularly engaged in the business of selling a type
of tangible personal property or product transferred electronically;
(14) amounts paid or charged for a purchase or lease of machinery, equipment, or
normal operating repair or replacement parts with an economic life of three or more years by:
(a) a manufacturing facility, except as provided in Subsection (86), that:
(i) is located in the state; and
(ii) uses the machinery, equipment, or normal operating repair or replacement parts:
(A) in the manufacturing process to manufacture an item sold as tangible personal
property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act; or
(B) for a scrap recycler, to process an item sold as tangible personal property, as the
commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(b) an establishment, as the commission defines that term in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that:
(i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the
2002 North American Industry Classification System of the federal Executive Office of the
President, Office of Management and Budget;
(ii) is located in the state; and
(iii) uses the machinery, equipment, or normal operating repair or replacement parts in:
(A) the production process to produce an item sold as tangible personal property, as the
commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(B) research and development, as the commission may define that phrase in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(C) transporting, storing, or managing tailings, overburden, or similar waste materials
produced from mining;
(D) developing or maintaining a road, tunnel, excavation, or similar feature used in
mining; or
(E) preventing, controlling, or reducing dust or other pollutants from mining; or
(c) an establishment, as the commission defines that term in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that:
(i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
American Industry Classification System of the federal Executive Office of the President,
Office of Management and Budget;
(ii) is located in the state; and
(iii) uses the machinery, equipment, or normal operating repair or replacement parts in
the operation of the web search portal;
(15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
(i) tooling;
(ii) special tooling;
(iii) support equipment;
(iv) special test equipment; or
(v) parts used in the repairs or renovations of tooling or equipment described in
Subsections (15)(a)(i) through (iv); and
(b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
(i) the tooling, equipment, or parts are used or consumed exclusively in the
performance of any aerospace or electronics industry contract with the United States
government or any subcontract under that contract; and
(ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
title to the tooling, equipment, or parts is vested in the United States government as evidenced
by:
(A) a government identification tag placed on the tooling, equipment, or parts; or
(B) listing on a government-approved property record if placing a government
identification tag on the tooling, equipment, or parts is impractical;
(16) sales of newspapers or newspaper subscriptions;
(17) (a) except as provided in Subsection (17)(b), tangible personal property or a
product transferred electronically traded in as full or part payment of the purchase price, except
that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
trade-ins are limited to other vehicles only, and the tax is based upon:
(i) the bill of sale or other written evidence of value of the vehicle being sold and the
vehicle being traded in; or
(ii) in the absence of a bill of sale or other written evidence of value, the then existing
fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
commission; and
(b) Subsection (17)(a) does not apply to the following items of tangible personal
property or products transferred electronically traded in as full or part payment of the purchase
price:
(i) money;
(ii) electricity;
(iii) water;
(iv) gas; or
(v) steam;
(18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
or a product transferred electronically used or consumed primarily and directly in farming
operations, regardless of whether the tangible personal property or product transferred
electronically:
(A) becomes part of real estate; or
(B) is installed by a:
(I) farmer;
(II) contractor; or
(III) subcontractor; or
(ii) sales of parts used in the repairs or renovations of tangible personal property or a
product transferred electronically if the tangible personal property or product transferred
electronically is exempt under Subsection (18)(a)(i); and
(b) amounts paid or charged for the following are subject to the taxes imposed by this
chapter:
(i) (A) subject to Subsection (18)(b)(i)(B), the following if used in a manner that is
incidental to farming:
(I) machinery;
(II) equipment;
(III) materials; or
(IV) supplies; and
(B) tangible personal property that is considered to be used in a manner that is
incidental to farming includes:
(I) hand tools; or
(II) maintenance and janitorial equipment and supplies;
(ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
transferred electronically if the tangible personal property or product transferred electronically
is used in an activity other than farming; and
(B) tangible personal property or a product transferred electronically that is considered
to be used in an activity other than farming includes:
(I) office equipment and supplies; or
(II) equipment and supplies used in:
(Aa) the sale or distribution of farm products;
(Bb) research; or
(Cc) transportation; or
(iii) a vehicle required to be registered by the laws of this state during the period
ending two years after the date of the vehicle's purchase;
(19) sales of hay;
(20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
garden, farm, or other agricultural produce is sold by:
(a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
agricultural produce;
(b) an employee of the producer described in Subsection (20)(a); or
(c) a member of the immediate family of the producer described in Subsection (20)(a);
(21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
(22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
wholesaler, or retailer for use in packaging tangible personal property to be sold by that
manufacturer, processor, wholesaler, or retailer;
(23) a product stored in the state for resale;
(24) (a) purchases of a product if:
(i) the product is:
(A) purchased outside of this state;
(B) brought into this state:
(I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
(II) by a nonresident person who is not living or working in this state at the time of the
purchase;
(C) used for the personal use or enjoyment of the nonresident person described in
Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
(D) not used in conducting business in this state; and
(ii) for:
(A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
the product for a purpose for which the product is designed occurs outside of this state;
(B) a boat, the boat is registered outside of this state; or
(C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
outside of this state;
(b) the exemption provided for in Subsection (24)(a) does not apply to:
(i) a lease or rental of a product; or
(ii) a sale of a vehicle exempt under Subsection (33); and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
purposes of Subsection (24)(a), the commission may by rule define what constitutes the
following:
(i) conducting business in this state if that phrase has the same meaning in this
Subsection (24) as in Subsection (63);
(ii) the first use of a product if that phrase has the same meaning in this Subsection (24)
as in Subsection (63); or
(iii) a purpose for which a product is designed if that phrase has the same meaning in
this Subsection (24) as in Subsection (63);
(25) a product purchased for resale in this state, in the regular course of business, either
in its original form or as an ingredient or component part of a manufactured or compounded
product;
(26) a product upon which a sales or use tax was paid to some other state, or one of its
subdivisions, except that the state shall be paid any difference between the tax paid and the tax
imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
Act;
(27) any sale of a service described in Subsections 
59-12-103
(1)(b), (c), and (d) to a
person for use in compounding a service taxable under the subsections;
(28) purchases made in accordance with the special supplemental nutrition program for
women, infants, and children established in 42 U.S.C. Sec. 1786;
(29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
the President, Office of Management and Budget;
(30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
(a) not registered in this state; and
(b) (i) not used in this state; or
(ii) used in this state:
(A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
time period that does not exceed the longer of:
(I) 30 days in any calendar year; or
(II) the time period necessary to transport the boat, boat trailer, or outboard motor to
the borders of this state; or
(B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
state;
(31) sales of aircraft manufactured in Utah;
(32) amounts paid for the purchase of telecommunications service for purposes of
providing telecommunications service;
(33) sales, leases, or uses of the following:
(a) a vehicle by an authorized carrier; or
(b) tangible personal property that is installed on a vehicle:
(i) sold or leased to or used by an authorized carrier; and
(ii) before the vehicle is placed in service for the first time;
(34) (a) 45% of the sales price of any new manufactured home; and
(b) 100% of the sales price of any used manufactured home;
(35) sales relating to schools and fundraising sales;
(36) sales or rentals of durable medical equipment if:
(a) a person presents a prescription for the durable medical equipment; and
(b) the durable medical equipment is used for home use only;
(37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
Section 
72-11-102
; and
(b) the commission shall by rule determine the method for calculating sales exempt
under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
(38) sales to a ski resort of:
(a) snowmaking equipment;
(b) ski slope grooming equipment;
(c) passenger ropeways as defined in Section 
72-11-102
; or
(d) parts used in the repairs or renovations of equipment or passenger ropeways
described in Subsections (38)(a) through (c);
(39) sales of natural gas, electricity, heat, coal, fuel oil, or other fuels for industrial use;
(40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
amusement, entertainment, or recreation an unassisted amusement device as defined in Section
59-12-102
;
(b) if a seller that sells or rents at the same business location the right to use or operate
for amusement, entertainment, or recreation one or more unassisted amusement devices and
one or more assisted amusement devices, the exemption described in Subsection (40)(a)
applies if the seller separately accounts for the sales or rentals of the right to use or operate for
amusement, entertainment, or recreation for the assisted amusement devices; and
(c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the commission may make rules:
(i) governing the circumstances under which sales are at the same business location;
and
(ii) establishing the procedures and requirements for a seller to separately account for
the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
assisted amusement devices;
(41) (a) sales of photocopies by:
(i) a governmental entity; or
(ii) an entity within the state system of public education, including:
(A) a school; or
(B) the State Board of Education; or
(b) sales of publications by a governmental entity;
(42) amounts paid for admission to an athletic event at an institution of higher
education that is subject to the provisions of Title IX of the Education Amendments of 1972,
20 U.S.C. Sec. 1681 et seq.;
(43) (a) sales made to or by:
(i) an area agency on aging; or
(ii) a senior citizen center owned by a county, city, or town; or
(b) sales made by a senior citizen center that contracts with an area agency on aging;
(44) sales or leases of semiconductor fabricating, processing, research, or development
materials regardless of whether the semiconductor fabricating, processing, research, or
development materials:
(a) actually come into contact with a semiconductor; or
(b) ultimately become incorporated into real property;
(45) an amount paid by or charged to a purchaser for accommodations and services
described in Subsection 
59-12-103
(1)(i) to the extent the amount is exempt under Section
59-12-104.2
;
(46) beginning on September 1, 2001, the lease or use of a vehicle issued a temporary
sports event registration certificate in accordance with Section 
41-3-306
 for the event period
specified on the temporary sports event registration certificate;
(47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
adopted by the Public Service Commission only for purchase of electricity produced from a
new alternative energy source built after January 1, 2016, as designated in the tariff by the
Public Service Commission;
(b) for a residential use customer only, the exemption under Subsection (47)(a) applies
only to the portion of the tariff rate a customer pays under the tariff described in Subsection
(47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
customer would have paid absent the tariff;
(48) sales or rentals of mobility enhancing equipment if a person presents a
prescription for the mobility enhancing equipment;
(49) sales of water in a:
(a) pipe;
(b) conduit;
(c) ditch; or
(d) reservoir;
(50) sales of currency or coins that constitute legal tender of a state, the United States,
or a foreign nation;
(51) (a) sales of an item described in Subsection (51)(b) if the item:
(i) does not constitute legal tender of a state, the United States, or a foreign nation; and
(ii) has a gold, silver, or platinum content of 50% or more; and
(b) Subsection (51)(a) applies to a gold, silver, or platinum:
(i) ingot;
(ii) bar;
(iii) medallion; or
(iv) decorative coin;
(52) amounts paid on a sale-leaseback transaction;
(53) sales of a prosthetic device:
(a) for use on or in a human; and
(b) (i) for which a prescription is required; or
(ii) if the prosthetic device is purchased by a hospital or other medical facility;
(54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of
machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
or equipment is primarily used in the production or postproduction of the following media for
commercial distribution:
(i) a motion picture;
(ii) a television program;
(iii) a movie made for television;
(iv) a music video;
(v) a commercial;
(vi) a documentary; or
(vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
commission by administrative rule made in accordance with Subsection (54)(d); or
(b) purchases, leases, or rentals of machinery or equipment by an establishment
described in Subsection (54)(c) that is used for the production or postproduction of the
following are subject to the taxes imposed by this chapter:
(i) a live musical performance;
(ii) a live news program; or
(iii) a live sporting event;
(c) the following establishments listed in the 1997 North American Industry
Classification System of the federal Executive Office of the President, Office of Management
and Budget, apply to Subsections (54)(a) and (b):
(i) NAICS Code 512110; or
(ii) NAICS Code 51219; and
(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule:
(i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
or
(ii) define:
(A) "commercial distribution";
(B) "live musical performance";
(C) "live news program"; or
(D) "live sporting event";
(55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
on or before June 30, 2027, of tangible personal property that:
(i) is leased or purchased for or by a facility that:
(A) is an alternative energy electricity production facility;
(B) is located in the state; and
(C) (I) becomes operational on or after July 1, 2004; or
(II) has its generation capacity increased by one or more megawatts on or after July 1,
2004, as a result of the use of the tangible personal property;
(ii) has an economic life of five or more years; and
(iii) is used to make the facility or the increase in capacity of the facility described in
Subsection (55)(a)(i) operational up to the point of interconnection with an existing
transmission grid including:
(A) a wind turbine;
(B) generating equipment;
(C) a control and monitoring system;
(D) a power line;
(E) substation equipment;
(F) lighting;
(G) fencing;
(H) pipes; or
(I) other equipment used for locating a power line or pole; and
(b) this Subsection (55) does not apply to:
(i) tangible personal property used in construction of:
(A) a new alternative energy electricity production facility; or
(B) the increase in the capacity of an alternative energy electricity production facility;
(ii) contracted services required for construction and routine maintenance activities;
and
(iii) unless the tangible personal property is used or acquired for an increase in capacity
of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or
acquired after:
(A) the alternative energy electricity production facility described in Subsection
(55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
(B) the increased capacity described in Subsection (55)(a)(i) is operational as described
in Subsection (55)(a)(iii);
(56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
on or before June 30, 2027, of tangible personal property that:
(i) is leased or purchased for or by a facility that:
(A) is a waste energy production facility;
(B) is located in the state; and
(C) (I) becomes operational on or after July 1, 2004; or
(II) has its generation capacity increased by one or more megawatts on or after July 1,
2004, as a result of the use of the tangible personal property;
(ii) has an economic life of five or more years; and
(iii) is used to make the facility or the increase in capacity of the facility described in
Subsection (56)(a)(i) operational up to the point of interconnection with an existing
transmission grid including:
(A) generating equipment;
(B) a control and monitoring system;
(C) a power line;
(D) substation equipment;
(E) lighting;
(F) fencing;
(G) pipes; or
(H) other equipment used for locating a power line or pole; and
(b) this Subsection (56) does not apply to:
(i) tangible personal property used in construction of:
(A) a new waste energy facility; or
(B) the increase in the capacity of a waste energy facility;
(ii) contracted services required for construction and routine maintenance activities;
and
(iii) unless the tangible personal property is used or acquired for an increase in capacity
described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:
(A) the waste energy facility described in Subsection (56)(a)(i) is operational as
described in Subsection (56)(a)(iii); or
(B) the increased capacity described in Subsection (56)(a)(i) is operational as described
in Subsection (56)(a)(iii);
(57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
or before June 30, 2027, of tangible personal property that:
(i) is leased or purchased for or by a facility that:
(A) is located in the state;
(B) produces fuel from alternative energy, including:
(I) methanol; or
(II) ethanol; and
(C) (I) becomes operational on or after July 1, 2004; or
(II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
a result of the installation of the tangible personal property;
(ii) has an economic life of five or more years; and
(iii) is installed on the facility described in Subsection (57)(a)(i);
(b) this Subsection (57) does not apply to:
(i) tangible personal property used in construction of:
(A) a new facility described in Subsection (57)(a)(i); or
(B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
(ii) contracted services required for construction and routine maintenance activities;
and
(iii) unless the tangible personal property is used or acquired for an increase in capacity
described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
(A) the facility described in Subsection (57)(a)(i) is operational; or
(B) the increased capacity described in Subsection (57)(a)(i) is operational;
(58) (a) subject to Subsection (58)(b) or (c), sales of tangible personal property or a
product transferred electronically to a person within this state if that tangible personal property
or product transferred electronically is subsequently shipped outside the state and incorporated
pursuant to contract into and becomes a part of real property located outside of this state;
(b) the exemption under Subsection (58)(a) is not allowed to the extent that the other
state or political entity to which the tangible personal property is shipped imposes a sales, use,
gross receipts, or other similar transaction excise tax on the transaction against which the other
state or political entity allows a credit for sales and use taxes imposed by this chapter; and
(c) notwithstanding the time period of Subsection 
59-1-1410
(8) for filing for a refund,
a person may claim the exemption allowed by this Subsection (58) for a sale by filing for a
refund:
(i) if the sale is made on or after July 1, 2004, but on or before June 30, 2008;
(ii) as if this Subsection (58) as in effect on July 1, 2008, were in effect on the day on
which the sale is made;
(iii) if the person did not claim the exemption allowed by this Subsection (58) for the
sale prior to filing for the refund;
(iv) for sales and use taxes paid under this chapter on the sale;
(v) in accordance with Section 
59-1-1410
; and
(vi) subject to any extension allowed for filing for a refund under Section 
59-1-1410
, if
the person files for the refund on or before June 30, 2011;
(59) purchases:
(a) of one or more of the following items in printed or electronic format:
(i) a list containing information that includes one or more:
(A) names; or
(B) addresses; or
(ii) a database containing information that includes one or more:
(A) names; or
(B) addresses; and
(b) used to send direct mail;
(60) redemptions or repurchases of a product by a person if that product was:
(a) delivered to a pawnbroker as part of a pawn transaction; and
(b) redeemed or repurchased within the time period established in a written agreement
between the person and the pawnbroker for redeeming or repurchasing the product;
(61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:
(i) is purchased or leased by, or on behalf of, a telecommunications service provider;
and
(ii) has a useful economic life of one or more years; and
(b) the following apply to Subsection (61)(a):
(i) telecommunications enabling or facilitating equipment, machinery, or software;
(ii) telecommunications equipment, machinery, or software required for 911 service;
(iii) telecommunications maintenance or repair equipment, machinery, or software;
(iv) telecommunications switching or routing equipment, machinery, or software; or
(v) telecommunications transmission equipment, machinery, or software;
(62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible
personal property or a product transferred electronically that are used in the research and
development of alternative energy technology; and
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
purchases of tangible personal property or a product transferred electronically that are used in
the research and development of alternative energy technology;
(63) (a) purchases of tangible personal property or a product transferred electronically
if:
(i) the tangible personal property or product transferred electronically is:
(A) purchased outside of this state;
(B) brought into this state at any time after the purchase described in Subsection
(63)(a)(i)(A); and
(C) used in conducting business in this state; and
(ii) for:
(A) tangible personal property or a product transferred electronically other than the
tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
for a purpose for which the property is designed occurs outside of this state; or
(B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
outside of this state;
(b) the exemption provided for in Subsection (63)(a) does not apply to:
(i) a lease or rental of tangible personal property or a product transferred electronically;
or
(ii) a sale of a vehicle exempt under Subsection (33); and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
purposes of Subsection (63)(a), the commission may by rule define what constitutes the
following:
(i) conducting business in this state if that phrase has the same meaning in this
Subsection (63) as in Subsection (24);
(ii) the first use of tangible personal property or a product transferred electronically if
that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
(iii) a purpose for which tangible personal property or a product transferred
electronically is designed if that phrase has the same meaning in this Subsection (63) as in
Subsection (24);
(64) sales of disposable home medical equipment or supplies if:
(a) a person presents a prescription for the disposable home medical equipment or
supplies;
(b) the disposable home medical equipment or supplies are used exclusively by the
person to whom the prescription described in Subsection (64)(a) is issued; and
(c) the disposable home medical equipment and supplies are listed as eligible for
payment under:
(i) Title XVIII, federal Social Security Act; or
(ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
(65) sales:
(a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
District Act; or
(b) of tangible personal property to a subcontractor of a public transit district, if the
tangible personal property is:
(i) clearly identified; and
(ii) installed or converted to real property owned by the public transit district;
(66) sales of construction materials:
(a) purchased on or after July 1, 2010;
(b) purchased by, on behalf of, or for the benefit of an international airport:
(i) located within a county of the first class; and
(ii) that has a United States customs office on its premises; and
(c) if the construction materials are:
(i) clearly identified;
(ii) segregated; and
(iii) installed or converted to real property:
(A) owned or operated by the international airport described in Subsection (66)(b); and
(B) located at the international airport described in Subsection (66)(b);
(67) sales of construction materials:
(a) purchased on or after July 1, 2008;
(b) purchased by, on behalf of, or for the benefit of a new airport:
(i) located within a county of the second class; and
(ii) that is owned or operated by a city in which an airline as defined in Section
59-2-102
 is headquartered; and
(c) if the construction materials are:
(i) clearly identified;
(ii) segregated; and
(iii) installed or converted to real property:
(A) owned or operated by the new airport described in Subsection (67)(b);
(B) located at the new airport described in Subsection (67)(b); and
(C) as part of the construction of the new airport described in Subsection (67)(b);
(68) sales of fuel to a common carrier that is a railroad for use in a locomotive engine;
(69) purchases and sales described in Section 
63H-4-111
;
(70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
lists a state or country other than this state as the location of registry of the fixed wing turbine
powered aircraft; or
(b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
lists a state or country other than this state as the location of registry of the fixed wing turbine
powered aircraft;
(71) subject to Section 
59-12-104.4
, sales of a textbook for a higher education course:
(a) to a person admitted to an institution of higher education; and
(b) by a seller, other than a bookstore owned by an institution of higher education, if
51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
textbook for a higher education course;
(72) a license fee or tax a municipality imposes in accordance with Subsection
10-1-203
(5) on a purchaser from a business for which the municipality provides an enhanced
level of municipal services;
(73) amounts paid or charged for construction materials used in the construction of a
new or expanding life science research and development facility in the state, if the construction
materials are:
(a) clearly identified;
(b) segregated; and
(c) installed or converted to real property;
(74) amounts paid or charged for:
(a) a purchase or lease of machinery and equipment that:
(i) are used in performing qualified research:
(A) as defined in Section 41(d), Internal Revenue Code; and
(B) in the state; and
(ii) have an economic life of three or more years; and
(b) normal operating repair or replacement parts:
(i) for the machinery and equipment described in Subsection (74)(a); and
(ii) that have an economic life of three or more years;
(75) a sale or lease of tangible personal property used in the preparation of prepared
food if:
(a) for a sale:
(i) the ownership of the seller and the ownership of the purchaser are identical; and
(ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
tangible personal property prior to making the sale; or
(b) for a lease:
(i) the ownership of the lessor and the ownership of the lessee are identical; and
(ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible
personal property prior to making the lease;
(76) (a) purchases of machinery or equipment if:
(i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
Gambling, and Recreation Industries, of the 2012 North American Industry Classification
System of the federal Executive Office of the President, Office of Management and Budget;
(ii) the machinery or equipment:
(A) has an economic life of three or more years; and
(B) is used by one or more persons who pay admission or user fees described in
Subsection 
59-12-103
(1)(f) to the purchaser of the machinery and equipment; and
(iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
(A) amounts paid or charged as admission or user fees described in Subsection
59-12-103
(1)(f); and
(B) subject to taxation under this chapter; and
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules for verifying that 51% of a purchaser's sales revenue for the
previous calendar quarter is:
(i) amounts paid or charged as admission or user fees described in Subsection
59-12-103
(1)(f); and
(ii) subject to taxation under this chapter;
(77) purchases of a short-term lodging consumable by a business that provides
accommodations and services described in Subsection 
59-12-103
(1)(i);
(78) amounts paid or charged to access a database:
(a) if the primary purpose for accessing the database is to view or retrieve information
from the database; and
(b) not including amounts paid or charged for a:
(i) digital audiowork;
(ii) digital audio-visual work; or
(iii) digital book;
(79) amounts paid or charged for a purchase or lease made by an electronic financial
payment service, of:
(a) machinery and equipment that:
(i) are used in the operation of the electronic financial payment service; and
(ii) have an economic life of three or more years; and
(b) normal operating repair or replacement parts that:
(i) are used in the operation of the electronic financial payment service; and
(ii) have an economic life of three or more years;
(80) beginning on April 1, 2013, sales of a fuel cell as defined in Section 
54-15-102
;
(81) amounts paid or charged for a purchase or lease of tangible personal property or a
product transferred electronically if the tangible personal property or product transferred
electronically:
(a) is stored, used, or consumed in the state; and
(b) is temporarily brought into the state from another state:
(i) during a disaster period as defined in Section 
53-2a-1202
;
(ii) by an out-of-state business as defined in Section 
53-2a-1202
;
(iii) for a declared state disaster or emergency as defined in Section 
53-2a-1202
; and
(iv) for disaster- or emergency-related work as defined in Section 
53-2a-1202
;
(82) sales of goods and services at a morale, welfare, and recreation facility, as defined
in Section 
39-9-102
, made pursuant to Title 39, Chapter 9, State Morale, Welfare, and
Recreation Program;
(83) amounts paid or charged for a purchase or lease of molten magnesium;
(84) (a) except as provided in Subsection (84)(b), amounts paid or charged for a
purchase or lease made by a drilling equipment manufacturer of machinery, equipment,
materials, or normal operating repair or replacement parts:
(i) that are used or consumed exclusively in the drilling equipment manufacturer's
manufacturing process; and
(ii) except for office:
(A) equipment; or
(B) supplies; and
(b) beginning on July 1, 2015, and ending on June 30, 2017, a person may claim an
exemption described in Subsection (84)(a) only by filing for a refund:
(i) of 50% of the tax paid on the amounts paid or charged; and
(ii) in accordance with Section 
59-1-1410
;
(85) amounts paid or charged for a purchase or lease made by a qualifying enterprise
data center of machinery, equipment, or normal operating repair or replacement parts, if the
machinery, equipment, or normal operating repair or replacement parts:
(a) are used in the operation of the establishment; and
(b) have an economic life of one or more years; [
and
]
(86) amounts paid or charged for a purchase or lease of machinery, equipment, or
normal operating repair or replacement parts by a manufacturing facility that:
(a) is an establishment, as the commission defines that term in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) is described in NAICS Code 336111, Automobile Manufacturing, of the 2002
North American Industry Classification System of the federal Executive Office of the
President, Office of Management and Budget;
(c) is located in the state; and
(d) uses the machinery, equipment, or normal operating repair or replacement parts in
the manufacturing process to manufacture an item sold as tangible personal property, as the
commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(87) amounts paid or charged for a purchase or lease of equipment or normal operating
repair or replacement parts with an economic life of less than three years by a manufacturing
facility that:
(a) is an establishment, as the commission defines that term in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) is described in NAICS Code 325120, Industrial Gas Manufacturing, of the 2002
North American Industry Classification System of the federal Executive Office of the
President, Office of Management and Budget;
(c) is located in the state; and
(d) uses the equipment or normal operating repair or replacement parts to manufacture
hydrogen; 
(88) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
vehicle that includes cleaning or washing of the interior of the vehicle; and
(89) amounts paid or charged for a purchase or lease of machinery, equipment, normal
operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used
or consumed:
(a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined
in Section 
63M-4-701
 located in the state;
(b) if the machinery, equipment, normal operating repair or replacement parts,
catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
(i) the production process to produce gasoline or diesel fuel, or at which blendstock is
added to gasoline or diesel fuel;
(ii) research and development;
(iii) transporting, storing, or managing raw materials, work in process, finished
products, and waste materials produced from refining gasoline or diesel fuel, or adding
blendstock to gasoline or diesel fuel;
(iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
refining; or
(v) preventing, controlling, or reducing pollutants from refining; and
(c) beginning on July 1, 2021, if the person has obtained a form certified by the Office
of Energy Development under Subsection 
63M-4-702
(2).
Section 57. Section 
59-12-104.5
 is amended to read:
59-12-104.5.
Revenue and Taxation Interim Committee review of sales and use
taxes.
The Revenue and Taxation Interim Committee shall:
(1) review Subsection 
59-12-104
(28) before October 1 of the year after the year in
which Congress permits a state to participate in the special supplemental nutrition program
under 42 U.S.C. Sec. 1786 even if state or local sales taxes are collected within the state on
purchases of food under that program;
(2) review Subsection 
59-12-104
(21) before October 1 of the year after the year in
which Congress permits a state to participate in the SNAP as defined in Section 
35A-1-102
,
even if state or local sales taxes are collected within the state on purchases of food under that
program; and
(3) on or before November 30:
(a) require the Governor's Office of Economic Development to provide the report
described in Section 
63N-1-302
(2);
(b) review for each exemption described in [
Subsection
] 
Subsections
59-12-104
(86)
and (87):
(i) the cost of the exemption;
(ii) the purpose and effectiveness of the exemption; and
(iii) the extent to which the state benefits from the exemption; and
(c) make recommendations concerning whether the exemptions described in
Subsections 
59-12-104
(86) and (87) should be continued, modified, or repealed. 
Section 58. Section 
59-13-301
 is amended to read:
59-13-301.
Tax basis -- Rate -- Exemptions -- Revenue deposited with treasurer
and credited to Transportation Fund -- Reduction of tax in limited circumstances.
(1) (a) Except as provided in Subsections (2), (3), (11), and (12) and Section
59-13-304
, a tax is imposed at the same [
rates
] 
rate
 imposed under Subsection 
59-13-201
(1)(a)
on the:
(i) removal of undyed diesel fuel from any refinery;
(ii) removal of undyed diesel fuel from any terminal;
(iii) entry into the state of any undyed diesel fuel for consumption, use, sale, or
warehousing;
(iv) sale of undyed diesel fuel to any person who is not registered as a supplier under
this part unless the tax has been collected under this section;
(v) any untaxed special fuel blended with undyed diesel fuel; or
(vi) use of untaxed special fuel other than propane or electricity.
(b) The tax imposed under this section shall only be imposed once upon any special
fuel.
(2) (a) No special fuel tax is imposed or collected upon dyed diesel fuel which:
(i) is sold or used for any purpose other than to operate or propel a motor vehicle upon
the public highways of the state, but this exemption applies only in those cases where the
purchasers or the users of special fuel establish to the satisfaction of the commission that the
special fuel was used for purposes other than to operate a motor vehicle upon the public
highways of the state; or
(ii) is sold to this state or any of its political subdivisions.
(b) No special fuel tax is imposed on undyed diesel fuel or clean fuel that is:
(i) sold to the United States government or any of its instrumentalities or to this state or
any of its political subdivisions;
(ii) exported from this state if proof of actual exportation on forms prescribed by the
commission is made within 180 days after exportation;
(iii) used in a vehicle off-highway;
(iv) used to operate a power take-off unit of a vehicle;
(v) used for off-highway agricultural uses;
(vi) used in a separately fueled engine on a vehicle that does not propel the vehicle
upon the highways of the state; or
(vii) used in machinery and equipment not registered and not required to be registered
for highway use.
(3) No tax is imposed or collected on special fuel if it is:
(a) (i) purchased for business use in machinery and equipment not registered and not
required to be registered for highway use; and
(ii) used pursuant to the conditions of a state implementation plan approved under Title
19, Chapter 2, Air Conservation Act; or
(b) propane or electricity.
(4) Upon request of a buyer meeting the requirements under Subsection (3), the
Division of Air Quality shall issue an exemption certificate that may be shown to a seller.
(5) The special fuel tax shall be paid by the supplier.
(6) (a) The special fuel tax shall be paid by every user who is required by Sections
59-13-303
 and 
59-13-305
 to obtain a special fuel user permit and file special fuel tax reports.
(b) The user shall receive a refundable credit for special fuel taxes paid on purchases
which are delivered into vehicles and for which special fuel tax liability is reported.
(7) (a) Except as provided under Subsections (7)(b) and (c), all revenue received by the
commission from taxes and license fees under this part shall be deposited daily with the state
treasurer and credited to the Transportation Fund.
(b) An appropriation from the Transportation Fund shall be made to the commission to
cover expenses incurred in the administration and enforcement of this part and the collection of
the special fuel tax.
(c) Five dollars of each special fuel user trip permit fee paid under Section 
59-13-303
may be used by the commission as a dedicated credit to cover the costs of electronic
credentialing as provided in Section 
41-1a-303
.
(8) The commission may either collect no tax on special fuel exported from the state
or, upon application, refund the tax paid.
(9) (a) The United States government or any of its instrumentalities, this state, or a
political subdivision of this state that has purchased special fuel from a supplier or from a retail
dealer of special fuel and has paid the tax on the special fuel as provided in this section is
entitled to a refund of the tax and may file with the commission for a quarterly refund in a
manner prescribed by the commission.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules governing the application and refund provided for in Subsection
(9)(a).
(10) (a) The purchaser shall pay the tax on diesel fuel or clean fuel purchased for uses
under Subsections (2)(b)(i), (iii), (iv), (v), (vi), and (vii) and apply for a refund for the tax paid
as provided in Subsection (9) and this Subsection (10).
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules governing the application and refund for off-highway and
nonhighway uses provided under Subsections (2)(b)(iii), (iv), (vi), and (vii).
(c) A refund of tax paid under this part on diesel fuel used for nonhighway agricultural
uses shall be made in accordance with the tax return procedures under Section 
59-13-202
.
(11) (a) Beginning on April 1, 2001, a tax imposed under this section on special fuel is
reduced to the extent provided in Subsection (11)(b) if:
(i) the Navajo Nation imposes a tax on the special fuel;
(ii) the tax described in Subsection (11)(a)(i) is imposed without regard to whether the
person required to pay the tax is an enrolled member of the Navajo Nation; and
(iii) the commission and the Navajo Nation execute and maintain an agreement as
provided in this Subsection (11) for the administration of the reduction of tax.
(b) (i) If but for Subsection (11)(a) the special fuel is subject to a tax imposed by this
section:
(A) the state shall be paid the difference described in Subsection (11)(b)(ii) if that
difference is greater than $0; and
(B) a person may not require the state to provide a refund, a credit, or similar tax relief
if the difference described in Subsection (11)(b)(ii) is less than or equal to $0.
(ii) The difference described in Subsection (11)(b)(i) is equal to the difference
between:
(A) the amount of tax imposed on the special fuel by this section; less
(B) the tax imposed and collected by the Navajo Nation on the special fuel.
(c) For purposes of Subsections (11)(a) and (b), the tax paid to the Navajo Nation on
the special fuel does not include any interest or penalties a taxpayer may be required to pay to
the Navajo Nation.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules governing the procedures for administering the reduction of tax
provided under this Subsection (11).
(e) The agreement required under Subsection (11)(a):
(i) may not:
(A) authorize the state to impose a tax in addition to a tax imposed under this chapter;
(B) provide a reduction of taxes greater than or different from the reduction described
in this Subsection (11); or
(C) affect the power of the state to establish rates of taxation;
(ii) shall:
(A) be in writing;
(B) be signed by:
(I) the chair of the commission or the chair's designee; and
(II) a person designated by the Navajo Nation that may bind the Navajo Nation;
(C) be conditioned on obtaining any approval required by federal law;
(D) state the effective date of the agreement; and
(E) state any accommodation the Navajo Nation makes related to the construction and
maintenance of state highways and other infrastructure within the Utah portion of the Navajo
Nation; and
(iii) may:
(A) notwithstanding Section 
59-1-403
, authorize the commission to disclose to the
Navajo Nation information that is:
(I) contained in a document filed with the commission; and
(II) related to the tax imposed under this section;
(B) provide for maintaining records by the commission or the Navajo Nation; or
(C) provide for inspections or audits of suppliers, distributors, carriers, or retailers
located or doing business within the Utah portion of the Navajo Nation.
(f) (i) If, on or after April 1, 2001, the Navajo Nation changes the tax rate of a tax
imposed on special fuel, any change in the amount of the reduction of taxes under this
Subsection (11) as a result of the change in the tax rate is not effective until the first day of the
calendar quarter after a 60-day period beginning on the date the commission receives notice:
(A) from the Navajo Nation; and
(B) meeting the requirements of Subsection (11)(f)(ii).
(ii) The notice described in Subsection (11)(f)(i) shall state:
(A) that the Navajo Nation has changed or will change the tax rate of a tax imposed on
special fuel;
(B) the effective date of the rate change of the tax described in Subsection
(11)(f)(ii)(A); and
(C) the new rate of the tax described in Subsection (11)(f)(ii)(A).
(g) If the agreement required by Subsection (11)(a) terminates, a reduction of tax is not
permitted under this Subsection (11) beginning on the first day of the calendar quarter after a
30-day period beginning on the day the agreement terminates.
(h) If there is a conflict between this Subsection (11) and the agreement required by
Subsection (11)(a), this Subsection (11) governs.
(12) (a) A tax imposed under this section on compressed natural gas is imposed at a
rate of:
(i) until June 30, 2016, 10-1/2 cents per gasoline gallon equivalent;
(ii) beginning on July 1, 2016, and until June 30, 2017, 12-1/2 cents per gasoline gallon
equivalent;
(iii) beginning on July 1, 2017, and until June 30, 2018, 14-1/2 cents per gasoline
gallon equivalent; and
(iv) beginning on or after July 1, 2018, 16-1/2 cents per gasoline gallon equivalent.
(b) A tax imposed under this section on liquified natural gas is imposed at a rate of:
(i) until June 30, 2016, 10-1/2 cents per diesel gallon equivalent;
(ii) beginning on July 1, 2016, and until June 30, 2017, 12-1/2 cents per diesel gallon
equivalent;
(iii) beginning on July 1, 2017, and until June 30, 2018, 14-1/2 cents per diesel gallon
equivalent; and
(iv) beginning on or after July 1, 2018, 16-1/2 cents per diesel gallon equivalent.
(c) A tax imposed under this section on hydrogen used to operate or propel a motor
vehicle upon the public highways of the state is imposed at a rate of:
(i) until June 30, 2016, 10-1/2 cents per gasoline gallon equivalent;
(ii) beginning on July 1, 2016, and until June 30, 2017, 12-1/2 cents per gasoline gallon
equivalent;
(iii) beginning on July 1, 2017, and until June 30, 2018, 14-1/2 cents per gasoline
gallon equivalent; and
(iv) beginning on or after July 1, 2018, 16-1/2 cents per gasoline gallon equivalent.
Section 59. Section 
61-2g-103
 is amended to read:
61-2g-103.
Other law unaffected.
This chapter may not be considered to prohibit a person licensed, certified, or registered
under this chapter from engaging in the practice of real estate appraising as a professional
corporation or a limited liability company in accordance with:
(1) Title 16, Chapter 11, Professional Corporation Act; or
(2) [
Title 48, Chapter 2c, Utah Revised Limited Liability Company Act, or
] Title 48,
Chapter 3a, Utah Revised Uniform Limited Liability Company Act[
, as appropriate pursuant to
Section 
48-3a-1405
].
Section 60. Section 
62A-4a-105
 is amended to read:
62A-4a-105.
Division responsibilities.
(1) The division shall:
(a) administer services to minors and families, including:
(i) child welfare services;
(ii) domestic violence services; and
(iii) all other responsibilities that the Legislature or the executive director may assign
to the division;
(b) provide the following services:
(i) financial and other assistance to an individual adopting a child with special needs
under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
child as a legal ward of the state;
(ii) non-custodial and in-home services, including:
(A) services designed to prevent family break-up; and
(B) family preservation services;
(iii) reunification services to families whose children are in substitute care in
accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
(iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
or neglect of a child in that family;
(v) shelter care in accordance with the requirements of this chapter and Title 78A,
Chapter 6, Juvenile Court Act;
(vi) domestic violence services, in accordance with the requirements of federal law;
(vii) protective services to victims of domestic violence, as defined in Section 
77-36-1
,
and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
Part 3, Abuse, Neglect, and Dependency Proceedings;
(viii) substitute care for dependent, abused, neglected, and delinquent children;
(ix) services for minors who are victims of human trafficking or human smuggling as
described in Sections 
76-5-308
 through 
76-5-310
 or who have engaged in prostitution or sexual
solicitation as defined in Section 
76-10-1302
; and
(x) training for staff and providers involved in the administration and delivery of
services offered by the division in accordance with this chapter;
(c) establish standards for all:
(i) contract providers of out-of-home care for minors and families;
(ii) facilities that provide substitute care for dependent, abused, neglected, and
delinquent children placed in the custody of the division; and
(iii) direct or contract providers of domestic violence services described in Subsection
(1)(b)(vi);
(d) have authority to:
(i) contract with a private, nonprofit organization to recruit and train foster care
families and child welfare volunteers in accordance with Section 
62A-4a-107.5
; and
(ii) approve facilities that meet the standards established under Subsection (1)(c) to
provide substitute care for dependent, abused, neglected, and delinquent children placed in the
custody of the division;
(e) cooperate with the federal government in the administration of child welfare and
domestic violence programs and other human service activities assigned by the department;
(f) if there is a privacy agreement with an Indian tribe to protect the confidentiality of
division records to the same extent that the division is required to protect division records,
cooperate with and share all appropriate information in the division's possession regarding an
Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child
with the Indian tribe that is affiliated with the Indian child;
(g) in accordance with Subsection (2)(a), promote and enforce state and federal laws
enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
runaway children, and status offenders, in accordance with the requirements of this chapter,
unless administration is expressly vested in another division or department of the state;
(h) cooperate with the Workforce Development Division in the Department of
Workforce Services in meeting the social and economic needs of an individual who is eligible
for public assistance;
(i) compile relevant information, statistics, and reports on child and family service
matters in the state;
(j) prepare and submit to the department, the governor, and the Legislature reports of
the operation and administration of the division in accordance with the requirements of
Sections 
62A-4a-117
 and 
62A-4a-118
;
(k) provide social studies and reports for the juvenile court in accordance with Section
78A-6-605
;
(l) within appropriations from the Legislature, provide or contract for a variety of
domestic violence services and treatment methods;
(m) ensure regular, periodic publication, including electronic publication, regarding the
number of children in the custody of the division who:
(i) have a permanency goal of adoption; or
(ii) have a final plan of termination of parental rights, pursuant to Section 
78A-6-314
,
and promote adoption of those children;
(n) subject to Subsection (2)(b), refer an individual receiving services from the division
to the local substance abuse authority or other private or public resource for a court-ordered
drug screening test; and
(o) perform other duties and functions required by law.
(2) (a) In carrying out the requirements of Subsection (1)[
(f)
]
(g)
, the division shall:
(i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
with all public and private licensed child welfare agencies and institutions to develop and
administer a broad range of services and support;
(ii) take the initiative in all matters involving the protection of abused or neglected
children, if adequate provisions have not been made or are not likely to be made; and
(iii) make expenditures necessary for the care and protection of the children described
in this Subsection (2)(a), within the division's budget.
(b) When an individual is referred to a local substance abuse authority or other private
or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
order the individual to pay all costs of the tests unless:
(i) the cost of the drug screening is specifically funded or provided for by other federal
or state programs;
(ii) the individual is a participant in a drug court; or
(iii) the court finds that the individual is impecunious.
(3) Except to the extent provided by rule, the division is not responsible for
investigating domestic violence in the presence of a child, as described in Section 
76-5-109.1
.
(4) The division may not require a parent who has a child in the custody of the division
to pay for some or all of the cost of any drug testing the parent is required to undergo.
Section 61. Section 
62A-15-401
 is amended to read:
62A-15-401.
Alcohol training and education seminar.
(1) As used in this part:
(a) "Instructor" means a person that directly provides the instruction during an alcohol
training and education seminar for a seminar provider.
(b) "Licensee" means a person who is:
(i) (A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control Act;
and
(B) engaged in the retail sale of an alcoholic product for consumption on the premises
of the licensee; or
(ii) a business that is:
(A) a new or renewing licensee licensed by a city, town, or county; and
(B) engaged in the retail sale of beer for consumption off the premises of the licensee.
(c) "Off-premise beer retailer" is as defined in Section 
32B-1-102
.
(d) "Seminar provider" means a person other than the division who provides an alcohol
training and education seminar meeting the requirements of this section.
(2) (a) This section applies to:
(i) a retail manager as defined in Section 
32B-5-402
;
(ii) retail staff as defined in Section 
32B-5-402
; and
(iii) an individual who, as defined by division rule:
(A) directly supervises the sale of beer to a customer for consumption off the premises
of an off-premise beer retailer; or
(B) sells beer to a customer for consumption off the premises of an off-premise beer
retailer.
(b) If the individual does not have a valid record that the individual has completed an
alcohol training and education seminar, an individual described in Subsection (2)(a) shall:
(i) (A) complete an alcohol training and education seminar within 30 days of the
following if the individual is described in Subsections (2)(a)(i) through (iii):
(I) if the individual is an employee, the day the individual begins employment;
(II) if the individual is an independent contractor, the day the individual is first hired;
or
(III) if the individual holds an ownership interest in the licensee, the day that the
individual first engages in an activity that would result in that individual being required to
complete an alcohol training and education seminar; or
(B) complete an alcohol training and education seminar within the time periods
specified in Subsection 
32B-5-404
(1) if the individual is described in Subsections
(2)(a)[
(iv)
]
(iii)(A)
 and [
(v)
] 
(B)
; and
(ii) pay a fee:
(A) to the seminar provider; and
(B) that is equal to or greater than the amount established under Subsection (4)(h).
(c) An individual shall have a valid record that the individual completed an alcohol
training and education seminar within the time period provided in this Subsection (2) to engage
in an activity described in Subsection (2)(a).
(d) A record that an individual has completed an alcohol training and education
seminar is valid for:
(i) three years from the day on which the record is issued for an individual described in
Subsection (2)(a)(i), (ii), or (iii); and
(ii) five years from the day on which the record is issued for an individual described in
Subsection (2)(a)[
(iv)
]
(iii)(A)
 or [
(v)
] 
(B)
.
(e) On and after July 1, 2011, to be considered as having completed an alcohol training
and education seminar, an individual shall:
(i) attend the alcohol training and education seminar and take any test required to
demonstrate completion of the alcohol training and education seminar in the physical presence
of an instructor of the seminar provider; or
(ii) complete the alcohol training and education seminar and take any test required to
demonstrate completion of the alcohol training and education seminar through an online course
or testing program that meets the requirements described in Subsection (2)(f).
(f) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establish one or more requirements for an online course or
testing program described in Subsection (2)(e) that are designed to inhibit fraud in the use of
the online course or testing program. In developing the requirements by rule the division shall
consider whether to require:
(i) authentication that the an individual accurately identifies the individual as taking the
online course or test;
(ii) measures to ensure that an individual taking the online course or test is focused on
training material throughout the entire training period;
(iii) measures to track the actual time an individual taking the online course or test is
actively engaged online;
(iv) a seminar provider to provide technical support, such as requiring a telephone
number, email, or other method of communication that allows an individual taking the online
course or test to receive assistance if the individual is unable to participate online because of
technical difficulties;
(v) a test to meet quality standards, including randomization of test questions and
maximum time limits to take a test;
(vi) a seminar provider to have a system to reduce fraud as to who completes an online
course or test, such as requiring a distinct online certificate with information printed on the
certificate that identifies the person taking the online course or test, or requiring measures to
inhibit duplication of a certificate;
(vii) measures for the division to audit online courses or tests;
(viii) measures to allow an individual taking an online course or test to provide an
evaluation of the online course or test;
(ix) a seminar provider to track the Internet protocol address or similar electronic
location of an individual who takes an online course or test;
(x) an individual who takes an online course or test to use an e-signature; or
(xi) a seminar provider to invalidate a certificate if the seminar provider learns that the
certificate does not accurately reflect the individual who took the online course or test.
(3) (a) A licensee may not permit an individual who is not in compliance with
Subsection (2) to:
(i) serve or supervise the serving of an alcoholic product to a customer for
consumption on the premises of the licensee;
(ii) engage in any activity that would constitute managing operations at the premises of
a licensee that engages in the retail sale of an alcoholic product for consumption on the
premises of the licensee;
(iii) directly supervise the sale of beer to a customer for consumption off the premises
of an off-premise beer retailer; or
(iv) sell beer to a customer for consumption off the premises of an off-premise beer
retailer.
(b) A licensee that violates Subsection (3)(a) is subject to Section 
32B-5-403
.
(4) The division shall:
(a) (i) provide alcohol training and education seminars; or
(ii) certify one or more seminar providers;
(b) establish the curriculum for an alcohol training and education seminar that includes
the following subjects:
(i) (A) alcohol as a drug; and
(B) alcohol's effect on the body and behavior;
(ii) recognizing the problem drinker or signs of intoxication;
(iii) an overview of state alcohol laws related to responsible beverage sale or service,
as determined in consultation with the Department of Alcoholic Beverage Control;
(iv) dealing with the problem customer, including ways to terminate sale or service;
and
(v) for those supervising or engaging in the retail sale of an alcoholic product for
consumption on the premises of a licensee, alternative means of transportation to get the
customer safely home;
(c) recertify each seminar provider every three years;
(d) monitor compliance with the curriculum described in Subsection (4)(b);
(e) maintain for at least five years a record of every person who has completed an
alcohol training and education seminar;
(f) provide the information described in Subsection (4)(e) on request to:
(i) the Department of Alcoholic Beverage Control;
(ii) law enforcement; or
(iii) a person licensed by the state or a local government to sell an alcoholic product;
(g) provide the Department of Alcoholic Beverage Control on request a list of any
seminar provider certified by the division; and
(h) establish a fee amount for each person attending an alcohol training and education
seminar that is sufficient to offset the division's cost of administering this section.
(5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a) define what constitutes under this section an individual who:
(i) manages operations at the premises of a licensee engaged in the retail sale of an
alcoholic product for consumption on the premises of the licensee;
(ii) supervises the serving of an alcoholic product to a customer for consumption on the
premises of a licensee;
(iii) serves an alcoholic product to a customer for consumption on the premises of a
licensee;
(iv) directly supervises the sale of beer to a customer for consumption off the premises
of an off-premise beer retailer; or
(v) sells beer to a customer for consumption off the premises of an off-premise beer
retailer;
(b) establish criteria for certifying and recertifying a seminar provider; and
(c) establish guidelines for the manner in which an instructor provides an alcohol
education and training seminar.
(6) A seminar provider shall:
(a) obtain recertification by the division every three years;
(b) ensure that an instructor used by the seminar provider:
(i) follows the curriculum established under this section; and
(ii) conducts an alcohol training and education seminar in accordance with the
guidelines established by rule;
(c) ensure that any information provided by the seminar provider or instructor of a
seminar provider is consistent with:
(i) the curriculum established under this section; and
(ii) this section;
(d) provide the division with the names of all persons who complete an alcohol training
and education seminar provided by the seminar provider;
(e) (i) collect a fee for each person attending an alcohol training and education seminar
in accordance with Subsection (2); and
(ii) forward to the division the portion of the fee that is equal to the amount described
in Subsection (4)(h); and
(f) issue a record to an individual that completes an alcohol training and education
seminar provided by the seminar provider.
(7) (a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
Administrative Procedures Act, the division finds that a seminar provider violates this section
or that an instructor of the seminar provider violates this section, the division may:
(i) suspend the certification of the seminar provider for a period not to exceed 90 days;
(ii) revoke the certification of the seminar provider;
(iii) require the seminar provider to take corrective action regarding an instructor; or
(iv) prohibit the seminar provider from using an instructor until such time that the
seminar provider establishes to the satisfaction of the division that the instructor is in
compliance with Subsection (6)(b).
(b) The division may certify a seminar provider whose certification is revoked:
(i) no sooner than 90 days from the date the certification is revoked; and
(ii) if the seminar provider establishes to the satisfaction of the division that the
seminar provider will comply with this section.
Section 62. 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
] 
social security
 number, or last four digits of the [
Social Security
]
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 
Offender
 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
(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
[
.
]
; and
(w) a record described in Subsection 
53-5a-104
(7).
(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 63. Section 
63G-3-102
 is amended to read:
63G-3-102.
Definitions.
As used in this chapter:
(1) "Administrative record" means information an agency relies upon when making a
rule under this chapter including:
(a) the proposed rule, change in the proposed rule, and the rule analysis form;
(b) the public comment received and recorded by the agency during the public
comment period;
(c) the agency's response to the public comment;
(d) the agency's analysis of the public comment; and
(e) the agency's report of its decision-making process.
(2) "Agency" means each state board, authority, commission, institution, department,
division, officer, or other state government entity other than the Legislature, its committees, the
political subdivisions of the state, or the courts, which is authorized or required by law to make
rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or
perform other similar actions or duties delegated by law.
(3) "Bulletin" means the Utah State Bulletin.
(4) "Catchline" means a short summary of each section, part, rule, or title of the code
that follows the section, part, rule, or title reference placed before the text of the rule and serves
the same function as boldface in legislation as described in Section 
68-3-13
.
(5) "Code" means the body of all effective rules as compiled and organized by the
[
division
] 
office
 and entitled "Utah Administrative Code."
(6) "Department" means the Department of Administrative Services created in Section
63A-1-104
.
(7) "Effective" means operative and enforceable.
(8) "Executive director" means the executive director of the department.
(9) (a) "File" means to submit a document to the office as prescribed by the
department.
(b) "Filing date" means the day and time the document is recorded as received by the
office.
(10) "Interested person" means any person affected by or interested in a proposed rule,
amendment to an existing rule, or a nonsubstantive change made under Section 
63G-3-402
.
(11) "Office" means the Office of Administrative Rules created in Section 
63G-3-401
.
(12) "Order" means an agency action that determines the legal rights, duties, privileges,
immunities, or other interests of one or more specific persons, but not a class of persons.
(13) "Person" means any individual, partnership, corporation, association,
governmental entity, or public or private organization of any character other than an agency.
(14) "Publication" or "publish" means making a rule available to the public by
including the rule or a summary of the rule in the bulletin.
(15) "Publication date" means the inscribed date of the bulletin.
(16) "Register" may include an electronic database.
(17) (a) "Rule" means an agency's written statement that:
(i) is explicitly or implicitly required by state or federal statute or other applicable law;
(ii) implements or interprets a state or federal legal mandate; and
(iii) applies to a class of persons or another agency.
(b) "Rule" includes the amendment or repeal of an existing rule.
(c) "Rule" does not mean:
(i) orders;
(ii) an agency's written statement that applies only to internal management and that
does not restrict the legal rights of a public class of persons or another agency;
(iii) the governor's executive orders or proclamations;
(iv) opinions issued by the attorney general's office;
(v) declaratory rulings issued by the agency according to Section 
63G-4-503
 except as
required by Section 
63G-3-201
;
(vi) rulings by an agency in adjudicative proceedings, except as required by Subsection
63G-3-201
(6); or
(vii) an agency written statement that is in violation of any state or federal law.
(18) "Rule analysis" means the format prescribed by the department to summarize and
analyze rules.
(19) "Small business" means a business employing fewer than 50 persons.
(20) "Substantive change" means a change in a rule that affects the application or
results of agency actions.
Section 64. Section 
63G-21-102
 is amended to read:
63G-21-102.
Definitions.
As used in this chapter:
(1) "Designated agency" means:
(a) the Governor's Office of Economic Development;
(b) the Division of Wildlife Resources;
(c) the Department of Public Safety;
(d) the Department of Technology Services; or
(e) the Department of Workforce Services.
(2) (a) "State service" means a service or benefit regularly provided to the public by a
designated agency.
(b) "State service" includes:
(i) for the Governor's Office of Economic Development or the Department of
Technology Services, public high-speed Internet access;
(ii) for the Division of Wildlife Resources, fishing, hunting, and trapping licenses;
(iii) for the Department of Public Safety, fingerprinting, 
an
 online driver license
renewal, online appointment scheduling, 
an
 online motor vehicle record request, and an online
change of address with the Driver License Division; and
(iv) for the Department of Workforce Services, online job searches, verification of
submission for benefits administered by the Department of Workforce Services, online
unemployment applications, online food stamp applications, and online appointment
scheduling.
(3) "USPS" means the United States Postal Service.
Section 65. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates, Title 26.
(1) Section 
26-1-40
 is repealed July 1, 2019.
(2) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
1, 2025.
(3) Section 
26-10-11
 is repealed July 1, 2020.
(4) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
(5) Title 26, Chapter 36a, Hospital Provider Assessment Act, is repealed July 1, 2019.
(6) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2021.
[
(7) Section 
26-38-2.5
 is repealed July 1, 2017.
]
[
(8) Section 
26-38-2.6
 is repealed July 1, 2017.
]
[
(9)
] 
(7)
 Title 26, Chapter 56, Hemp Extract Registration Act, is repealed July 1, 2021.
Section 66. Section 
63I-1-257
 is amended to read:
63I-1-257.
Repeal dates, Title 57.
[
(1)
] Section 
57-1-25.5
 is repealed on July 1, 2018.
[
(2) Subsection 
57-16-4
(12), on July 1, 2017, is modified to read as follows:
]
[
"(12) The mobile home park shall have a copy of this chapter posted at all times in a
conspicuous place in a common area of the mobile home park."
]
[
(3) Title 57, Chapter 16a, Mobile Home Park Helpline, is repealed July 1, 2017.
]
Section 67. Section 
63I-1-259
 is amended to read:
63I-1-259.
Repeal dates, Title 59.
(1) Section 
59-1-213.1
 is repealed on May 9, 2019.
(2) Section 
59-1-213.2
 is repealed on May 9, 2019.
(3) Subsection 
59-1-405
(1)(g) is repealed on May 9, 2019.
(4) Subsection 
59-1-405
(2)(b) is repealed on May 9, 2019.
[
(5) Subsection 
59-2-924.2
(9) is repealed on December 31, 2017.
]
[
(6)
] 
(5)
 Section 
59-7-618
 is repealed July 1, 2020.
[
(7)
] 
(6)
 Section 
59-9-102.5
 is repealed December 31, 2020.
[
(8)
] 
(7)
 Section 
59-10-1033
 is repealed July 1, 2020.
[
(9)
] 
(8)
 Subsection 
59-12-2219
(13) is repealed on June 30, 2020.
[
(10)
] 
(9)
 Title 59, Chapter 28, State Transient Room Tax Act, is repealed on January
1, 2023.
Section 68. Section 
63I-1-262
 is amended to read:
63I-1-262.
Repeal dates, Title 62A.
(1) Section 
62A-4a-213
 is repealed July 1, 2019.
(2) Section 
62A-4a-202.9
 is repealed December 31, 2019.
(3) Subsection 
62A-15-1101
[
(5)
]
(7)
 is repealed July 1, 2018.
Section 69. Section 
63I-2-219
 is amended to read:
63I-2-219.
Repeal dates -- Title 19.
[
(1) Subsection 
19-1-403
(2)(c)(i), the language that states "minus the amount of any
tax credit claimed under Section 
59-7-605
 or 
59-10-1009
" is repealed on January 1, 2017.
]
[
(2) Subsection 
19-1-403
(2)(c)(ii), the language that states "minus the amount of any
tax credit claimed under Section 
59-7-605
 or 
59-10-1009
" is repealed on January 1, 2017.
]
Section 70. Section 
63I-2-226
 is amended to read:
63I-2-226.
Repeal dates -- Title 26.
(1) Section 
26-8a-107
 is repealed July 1, 2019.
[
(2) Subsections 
26-10-12
(2) and (4) are repealed July 1, 2017.
] 
[
(3)
] 
(2)
 Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
Program, is repealed July 1, 2027.
[
(4)
] 
(3)
 Title 26, Chapter 59, Telehealth Pilot Program, is repealed January 1, 2020.
Section 71. Section 
63I-2-234
 is amended to read:
63I-2-234.
Repeal dates -- Title 34A.
[
Section 
34A-2-107.1
 is repealed November 30, 2017.
]
Section 72. Section 
63I-2-236
 is amended to read:
63I-2-236.
Repeal dates -- Title 36.
[
Section 
36-29-102
 is repealed July 1, 2016.
]
Section 73. Section 
63I-2-248
 is amended to read:
63I-2-248.
Repeal dates -- Title 48.
[
(1) Title 48, Chapter 1, General and Limited Liability Partnerships, is repealed
January 1, 2016.
]
[
(2) Title 48, Chapter 2a, Utah Revised Uniform Limited Partnership Act, is repealed
January 1, 2016.
]
[
(3) Title 48, Chapter 2c, Utah Revised Limited Liability Company Act, is repealed
January 1, 2016.
]
Section 74. Section 
63I-2-249
 is amended to read:
63I-2-249.
Repeal dates -- Title 49.
[
Section 
49-20-412
 is repealed January 1, 2016.
]
Section 75. 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
 is repealed July 1, 2019.
[
(4)
] 
(2)
 Section 
53A-1-709
 is repealed July 1, 2020.
[
(5)
] 
(3)
 Subsection 
53A-1-1207
(3)(b)(ii)(B) is repealed July 1, 2020.
[
(6)
] 
(4)
 Section 
53A-1-1208
 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)
] 
(5)
 Section 
53A-24-601
 is repealed January 1, 2018.
[
(10)
] 
(6)
 Section 
53A-24-602
 is repealed July 1, 2018.
[
(11)
] 
(7)
 (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)
] 
(8) (a) Subsection 
53B-7-705
(6)(b)(ii)(A), the language that states "Except as
provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
(b)
 Subsection 
53B-7-705
(6)(b)(ii)(B) is repealed July 1, 2021.
[
(14)
] 
(9) (a) Subsection 
53B-7-707
(4)(a)(ii), the language that states "Except as
provided in Subsection (4)(b)," is repealed July 1, 2021.
(b)
 Subsection 
53B-7-707
(4)(b) is repealed July 1, 2021.
[
(15)
] 
(10)
 (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)
] 
(11)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
is repealed July 1, 2023. 
Section 76. Section 
63I-2-278
 is amended to read:
63I-2-278.
Repeal dates, Title 78A and Title 78B.
[
Title 78B, Chapter 3, Part 9, Expedited Jury Trial Act, is repealed January 1, 2017.
]
Section 77. Section 
63N-2-104
 is amended to read:
63N-2-104.
Creation of economic development zones -- Tax credits -- Assignment
of tax credit.
(1) The office, with advice from the board, may create an economic development zone
in the state if the following requirements are satisfied:
(a) the area is zoned commercial, industrial, manufacturing, business park, research
park, or other appropriate business related use in a community-approved master plan;
(b) the request to create a development zone has first been approved by an appropriate
local government entity; and
(c) local incentives have been or will be committed to be provided within the area.
(2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the office shall make rules establishing the requirements for a business entity or local
government entity to qualify for a tax credit for a new commercial project in a development
zone under this part.
(b) The office shall ensure that the requirements described in Subsection (2)(a) include
the following:
(i) the new commercial project is within the development zone;
(ii) the new commercial project includes direct investment within the geographic
boundaries of the development zone;
(iii) the new commercial project brings new incremental jobs to Utah;
(iv) the new commercial project includes the creation of high paying jobs in the state,
significant capital investment in the state, or significant purchases from vendors, contractors, or
service providers in the state, or a combination of these three economic factors;
(v) the new commercial project generates new state revenues; and
(vi) a business entity, a local government entity, or a community reinvestment agency
to which a local government entity assigns a tax credit under this section meets the
requirements of Section 
63N-2-105
.
(3) (a) The office, after consultation with the board, may enter into a written agreement
with a business entity or local government entity authorizing a tax credit to the business entity
or local government entity if the business entity or local government entity meets the
requirements described in this section.
(b) (i) With respect to a new commercial project, the office may authorize a tax credit
to a business entity or a local government entity, but not both.
(ii) In determining whether to authorize a tax credit with respect to a new commercial
project to a business entity or a local government entity, the office shall authorize the tax credit
in a manner that the office determines will result in providing the most effective incentive for
the new commercial project.
(c) (i) Except as provided in Subsection (3)(c)(ii), the office may not authorize or
commit to authorize a tax credit that exceeds:
(A) 50% of the new state revenues from the new commercial project in any given year;
or
(B) 30% of the new state revenues from the new commercial project over the lesser of
the life of a new commercial project or 20 years.
(ii) If the eligible business entity makes capital expenditures in the state of
$1,500,000,000 or more associated with a new commercial project, the office may:
(A) authorize or commit to authorize a tax credit not exceeding 60% of new state
revenues over the lesser of the life of the project or 20 years, if the other requirements of this
part are met;
(B) establish the year that state revenues and incremental jobs baseline data are
measured for purposes of an incentive under this Subsection (3)(c)(ii); and
(C) offer an incentive under this Subsection (3)(c)(ii) or modify an existing incentive
previously granted under Subsection (3)(c)(i) that is based on the baseline measurements
described in Subsection (3)(c)(ii)(B), except that the incentive may not authorize or commit to
authorize a tax credit of more than 60% of new state revenues in any one year.
(d) (i) A local government entity may by resolution assign a tax credit authorized by
the office to a community reinvestment agency.
(ii) The local government entity shall provide a copy of the resolution described in
Subsection (3)(d)(i) to the office.
(iii) If a local government entity assigns a tax credit to a community reinvestment
agency, the written agreement described in Subsection (3)(a) shall:
(A) be between the office, the local government entity, and the community
reinvestment agency;
(B) establish the obligations of the local government entity and the community
reinvestment agency; and
(C) establish the extent to which any of the local government entity's obligations are
transferred to the community reinvestment agency.
(iv) If a local government entity assigns a tax credit to a community reinvestment
agency:
(A) the community reinvestment agency shall retain records as described in Subsection
(4)(d); and
(B) a tax credit certificate issued in accordance with Section [
63N-2-106
] 
63N-2-105
shall list the community reinvestment agency as the named applicant.
(4) The office shall ensure that the written agreement described in Subsection (3):
(a) specifies the requirements that the business entity or local government entity shall
meet to qualify for a tax credit under this part;
(b) specifies the maximum amount of tax credit that the business entity or local
government entity may be authorized for a taxable year and over the life of the new commercial
project;
(c) establishes the length of time the business entity or local government entity may
claim a tax credit;
(d) requires the business entity or local government entity to retain records supporting a
claim for a tax credit for at least four years after the business entity or local government entity
claims a tax credit under this part; and
(e) requires the business entity or local government entity to submit to audits for
verification of the tax credit claimed.
Section 78. Section 
67-4a-501
 is amended to read:
67-4a-501.
Notice to apparent owner by holder.
(1) Subject to [
Subsections
] 
Subsection
 (2) [
and (3)
], the holder of property presumed
abandoned shall send to the apparent owner notice by first-class United States mail that
complies with Section 
67-4a-502
 in a format acceptable to the administrator not more than 180
days nor less than 60 days before filing the report under Section 
67-4a-401
 if:
(a) the holder has in the holder's records an address for the apparent owner that the
holder's records do not disclose to be invalid and is sufficient to direct the delivery of first-class
United States mail to the apparent owner; and
(b) the value of the property is $50 or more.
(2) If an apparent owner has consented to receive electronic mail delivery from the
holder, the holder shall send the notice described in Subsection (1) both by first-class United
States mail to the apparent owner's last-known mailing address and by electronic mail, unless
the holder believes that the apparent owner's electronic mail address is invalid.
Section 79. Section 
70A-2-311
 is amended to read:
70A-2-311.
Options and cooperation respecting performance.
(1) An agreement for sale which is otherwise sufficiently definite [
(Subsection (3) of
Section 
70A-2-204
)
] to be a contract 
under Subsection 
70A-2-204
(3)
 is not made invalid by the
fact that it leaves particulars of performance to be specified by one of the parties. Any such
specification must be made in good faith and within limits set by commercial reasonableness.
(2) Unless otherwise agreed, specifications relating to assortment of the goods are at
the buyer's option, and except as otherwise provided in Subsections 
70A-2-319
(1)(c) and (3),
specifications or arrangements relating to shipment are at the seller's option.
(3) Where such specification would materially affect the other party's performance but
is not seasonably made or where one party's cooperation is necessary to the agreed performance
of the other but is not seasonably forthcoming, the other party in addition to all other remedies:
(a) is excused for any resulting delay in his own performance; and
(b) may also either proceed to perform in any reasonable manner or after the time for a
material part of his own performance treat the failure to specify or to cooperate as a breach by
failure to deliver or accept the goods.
Section 80. Section 
70A-2-402
 is amended to read:
70A-2-402.
Rights of seller's creditors against sold goods.
(1) Except as provided in Subsections (2) and (3), rights of unsecured creditors of the
seller with respect to goods which have been identified to a contract for sale are subject to the
buyer's rights to recover the goods under [
this chapter (Sections 
70A-2-502
 and 
70A-2-716
)
]
Section 
70A-2-502
 or 
70A-2-716
.
(2) A creditor of the seller may treat a sale or an identification of goods to a contract
for sale as void if as against him a retention of possession by the seller is fraudulent under any
rule of law of the state where the goods are situated, except that retention of possession in good
faith and current course of trade by a merchant-seller for a commercially reasonable time after
a sale or identification is not fraudulent.
(3) Nothing in this chapter shall be deemed to impair the rights of creditors of the
seller:
(a) under the provisions of [
the chapter on Secured Transactions (
]Chapter 9a, Uniform
Commercial Code - Secured Transactions[
)
]; or
(b) where identification to the contract or delivery is made not in current course of
trade but in satisfaction of or as security for a preexisting claim for money, security or the like
and is made under circumstances which under any rule of law of the state where the goods are
situated would apart from this chapter constitute the transaction a voidable transaction or
voidable preference.
Section 81. Section 
70A-2-601
 is amended to read:
70A-2-601.
Buyer's rights on improper delivery.
Subject to the provisions of [
this chapter on breach in installment contracts (Section
70A-2-612
)
] 
Section 
70A-2-612
,
 and unless otherwise agreed under [
the sections on
contractual limitations of remedy (Sections 
70A-2-718
 and 
70A-2-719
)
] 
Sections 
70A-2-718
and 
70A-2-719
, if the goods or the tender of delivery fail in any respect to conform to the
contract, the buyer may:
(1) reject the whole;
(2) accept the whole; or
(3) accept any commercial unit or units and reject the rest.
Section 82. Section 
70A-2-610
 is amended to read:
70A-2-610.
Anticipatory repudiation.
When either party repudiates the contract with respect to a performance not yet due the
loss of which will substantially impair the value of the contract to the other, the aggrieved party
may:
(1) for a commercially reasonable time await performance by the repudiating party;
(2) resort to any remedy for breach [
(
]
under
 Section 
70A-2-703
 or Section
70A-2-711
[
)
], even though he has notified the repudiating party that he would await the latter's
performance and has urged retraction; and
(3) in either case suspend his own performance or proceed in accordance with the
provisions of this chapter on the seller's right to identify goods to the contract notwithstanding
breach or to salvage unfinished goods [
(
]
under
 Section 
70A-2-704
[
)
].
Section 83. Section 
72-2-118
 is amended to read:
72-2-118.
Centennial Highway Fund.
(1) There is created a capital projects fund entitled the Centennial Highway Fund
within the Transportation Investment Fund of 2005 created by Section 
72-2-124
.
(2) The account consists of money generated from the following revenue sources:
(a) any voluntary contributions received for the construction, reconstruction, or
renovation of state or federal highways; and
(b) appropriations made to the fund by the Legislature.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) The executive director may use fund money, as prioritized by the Transportation
Commission, only to pay the costs of construction, reconstruction, or renovation to state and
federal highways.
(5) When the highway general obligation bonds have been paid off and the highway
projects completed that are intended to be paid from revenues deposited in the account as
determined by the Executive Appropriations Committee under Subsection (6)[
(d)
]
(c)
, the
Division of Finance shall transfer any existing balance in the account into the Transportation
Investment Fund of 2005 created by Section 
72-2-124
.
(6) (a) The Division of Finance shall monitor the highway general obligation bonds
that are being paid from revenues deposited in the fund.
(b) The department shall monitor the highway construction, reconstruction, or
renovation projects that are being paid from revenues deposited in the fund.
(c) The department shall notify the State Tax Commission and the Division of Finance
when:
(i) all highway general obligation bonds that are intended to be paid from revenues
deposited in the fund have been paid off; and
(ii) all highway projects that are intended to be paid from revenues deposited in the
account have been completed.
Section 84. Section 
75-7-1011
 is amended to read:
75-7-1011.
Interest as general partner.
(1) Except as otherwise provided in Subsection (3) or unless personal liability is
imposed in the contract, a trustee who holds an interest as a general partner in a general or
limited partnership is not personally liable on a contract entered into by the partnership after
the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in
a statement previously filed pursuant to [
Title 48, Chapter 2a, Utah Revised Uniform Limited
Partnership Act, or
] Title 48, Chapter 2e, Utah Uniform Limited Partnership Act[
, as
appropriate pursuant to Section 
48-2e-1205
].
(2) Except as otherwise provided in Subsection (3), a trustee who holds an interest as a
general partner is not personally liable for torts committed by the partnership or for obligations
arising from ownership or control of the interest unless the trustee is personally at fault.
(3) The immunity provided by this section does not apply if an interest in the
partnership is held by the trustee in a capacity other than that of trustee or is held by the
trustee's spouse or one or more of the trustee's descendants, siblings, or parents, or the spouse
of any of them.
(4) If the trustee of a revocable trust holds an interest as a general partner, the settlor is
personally liable for contracts and other obligations of the partnership as if the settlor were a
general partner.
Section 85. Section 
77-7-15
 is amended to read:
77-7-15.
Authority of peace officer to stop and question suspect -- Grounds.
A peace officer may stop any person in a public place when [
he
] 
the officer
 has a
reasonable suspicion to believe [
he
] 
the person
 has committed or is in the act of committing or
is attempting to commit a public offense and may demand [
his
] 
the person's
 name, address
,
 and
an explanation of [
his
] 
the person's
 actions.
Section 86. Section 
77-10a-13
 is amended to read:
77-10a-13.
Location -- Who may be present -- Witnesses -- Witnesses who are
subjects -- Evidence -- Contempt -- Notice -- Record of proceedings -- Disclosure.
(1) The managing judge shall designate the place where the grand jury meets. The
grand jury may, upon request and with the permission of the managing judge, meet and conduct
business any place within the state. Subject to the approval of the managing judge the grand
jury shall determine the times at which it meets.
(2) (a) Attorneys representing the state, special prosecutors appointed under Section
77-10a-12
, the witness under examination, interpreters when needed, counsel for a witness, and
a court reporter or operator of a recording device to record the proceedings may be present
while the grand jury is in session.
(b) No person other than the jurors may be present while the grand jury is deliberating.
(3) (a) The attorneys representing the state and the special prosecutors may subpoena
witnesses to appear before the grand jury and may subpoena evidence in the name of the grand
jury without the prior approval or consent of the grand jury or the court. The jury may request
that other witnesses or evidence be subpoenaed.
(b) Subpoenas may be issued in the name of the grand jury to any person located within
the state and for any evidence located within the state or as otherwise provided by law.
(c) Except as provided in Subsection (3)(d), a subpoena requiring a minor, who is a
victim of a crime, to testify before a grand jury may not be served less than 72 hours before the
victim is required to testify.
(d) A subpoena may be served upon a minor less than 72 hours before the minor is
required to testify if the managing judge makes a factual finding that the minor was
intentionally concealed to prevent service or that a shorter period is reasonably necessary to
prevent:
(i) a risk to the minor's safety;
(ii) the concealment or removal of the minor from the jurisdiction;
(iii) intimidation or coercion of the minor or a family member of the minor; or
(iv) undue influence on the minor regarding the minor's testimony.
(e) The service requirement in Subsection (3)(c) may be asserted only by or on behalf
of the minor and is not a basis for invalidation of the minor's testimony or any indictment
issued by the grand jury.
(f) The service requirement of Subsection (3)(d) may be asserted by a parent or legal
guardian of the minor on the minor's behalf.
(g) If the managing judge finds it necessary to prevent any of the actions enumerated in
Subsections (3)(d)(i) through (iv) or to otherwise protect the minor, the judge may appoint a
guardian ad litem to receive service on behalf of the minor, to represent the minor, and to
protect the interests of the minor.
(h) If the minor served under Subsection (3)(d)[
,
] has no parent, legal guardian, or
guardian ad litem with whom to confer prior to the grand jury hearing, the managing judge
shall appoint legal counsel to represent the minor at the hearing.
(i) For any minor served with a subpoena under this section, attorneys representing the
state, or special prosecutors appointed under Section 
77-10a-12
, shall interview and prepare the
minor in the presence of the minor's parent or legal guardian and their attorney, or a guardian
ad litem at least 24 hours prior to the time the minor is required to testify. The provisions of
this subsection requiring the presence of the minor's parent do not apply if:
(i) the parent is the subject of the grand jury investigation; or
(ii) the parent is engaged in 
frustrating
, or conspires with[
,
] another to frustrate
,
 the
protections and purposes of Subsection (3)(d).
(j) The managing judge may enter any order necessary to secure compliance with any
subpoena issued in the name of the grand jury.
(4) (a) Any witness who appears before the grand jury shall be advised, by the attorney
for the state or the special prosecutor, of his right to be represented by counsel.
(b) A witness who is also a subject as defined in Section 
77-10a-1
 shall
,
 at the time [
he
appears
] 
of appearance
 as a witness
,
 be advised:
(i) of his right to be represented by counsel;
(ii) that he is a subject;
(iii) that he may claim his privilege against self-incrimination; and
(iv) of the general scope of the grand jury's investigation.
(c) A witness who is also a target as defined in Section 
77-10a-1
 shall
,
 at the time [
he
appears
] 
of appearance
 as a witness, be advised:
(i) of his right to be represented by counsel;
(ii) that he is a target;
(iii) that he may claim his privilege against self-incrimination;
(iv) that the attorney for the state, the special prosecutor, or the grand jury is in
possession of substantial evidence linking him to the commission of a crime for which he could
be charged; and
(v) of the general nature of that charge and of the evidence that would support the
charge.
(d) This Subsection (4) does not require the attorney for the state, the special
prosecutor, or the grand jury to disclose to any subject or target the names or identities of
witnesses, sources of information, or informants, or disclose information in detail or in a
fashion that would jeopardize or compromise any ongoing criminal investigation or endanger
any person or the community.
(5) (a) The grand jury shall receive evidence without regard for the formal rules of
evidence, except the grand jury may receive hearsay evidence only under the same provisions
and limitations that apply to preliminary hearings.
(b) Any person, including a witness who has previously testified or produced books,
records, documents, or other evidence, may present exculpatory evidence to the attorney
representing the state or the special prosecutor and request that it be presented to the grand
jury, or request to appear personally before the grand jury to testify or present evidence to that
body. The attorney for the state or the special prosecutor shall forward the request to the grand
jury.
(c) When the attorney for the state or the special prosecutor is personally aware of
substantial and competent evidence negating the guilt of a subject or target that might
reasonably be expected to lead the grand jury not to indict, [
he
] 
the attorney or special
prosecutor
 shall present or otherwise disclose the evidence to the grand jury before the grand
jury is asked to indict that person.
(6) (a) The managing judge has the contempt power and authority inherent in the court
over which [
he
] 
the managing judge
 presides and as provided by statute.
(b) When a witness in any proceeding before or ancillary to any grand jury appearance
refuses to comply with an order from the managing judge to testify or provide other
information, including any book, paper, document, record, recording, or other material without
having a recognized privilege, the attorney for the state or special prosecutor may apply to the
managing judge for an order directing the witness to show cause why [
he
] 
the witness
 should
not be held in contempt.
(c) After submission of the application and a hearing at which the witness is entitled to
be represented by counsel, the managing judge may hold the witness in contempt and order that
[
he
] 
the witness
 be confined, upon a finding that the refusal was not privileged.
(d) A hearing may not be held under this part unless 72 [
hours
] 
hours'
 notice is given to
the witness who has refused to comply with the order to testify or provide other information,
except a witness may be given a shorter notice if the managing judge upon a showing of special
need so orders.
(e) Any confinement for refusal to comply with an order to testify or produce other
information shall continue until the witness is willing to give the testimony or provide the
information. A period of confinement may not exceed the term of the grand jury, including
extensions, before which the refusal to comply with the order occurred. In any event the
confinement may not exceed one year.
(f) A person confined under this Subsection (6) for refusal to testify or provide other
information concerning any transaction, set of transactions, event, or events may not be again
confined under this Subsection (6) or for criminal contempt for a subsequent refusal to testify
or provide other information concerning the same transaction, set of transactions, event, or
events.
(g) Any person confined under this section may be admitted to bail or released in
accordance with local procedures pending the determination of an appeal taken by [
him
] 
the
person
 from the order of [
his
] 
the person's
 confinement unless the appeal affirmatively appears
to be frivolous or taken for delay. Any appeal from an order of confinement under this section
shall be disposed of as soon as practicable, pursuant to an expedited schedule and in no event
more than 30 days from the filing of the appeal.
(7) (a) All proceedings, except when the grand jury is deliberating or voting, shall be
recorded stenographically or by an electronic recording device. An unintentional failure of any
recording to reproduce all or any portion of a proceeding does not affect the validity of any
prosecution or indictment. The recording or reporter's notes or any transcript prepared from
them shall remain in the custody or control of the attorney for the state or the special prosecutor
unless otherwise ordered by the managing judge in a particular case.
(b) A grand juror, an interpreter, a court reporter, an operator of a recording device, a
typist who transcribes recorded testimony, an attorney for the state or special prosecutor, or any
person to whom disclosure is made under the provisions of this section may not disclose
matters occurring before the grand jury except as otherwise provided in this section. A
knowing violation of this provision may be punished as a contempt of court.
(c) Disclosure otherwise prohibited by this section of matters occurring before the
grand jury, other than its deliberations and the vote of any grand juror, may be made to:
(i) an attorney for the state or a special prosecutor for use in the performance of that
attorney's duty; and
(ii) government personnel, including those of state, local, and federal entities and
agencies, as are considered necessary by the attorney for the state or special prosecutor to assist
[
him
] 
the attorney
 in the performance of [
his
] 
the attorney's
 duty to enforce the state's criminal
laws.
(d) Any person to whom matters are disclosed under this section may not utilize that
grand jury material for any purpose other than assisting the attorney for the state or the special
prosecutor in performance of that attorney's duty to enforce the state's criminal laws. An
attorney for the state or the special prosecutor shall promptly provide the managing judge with
the names of the persons to whom the disclosure has been made and shall certify that the
attorney has advised the person of [
his
] 
the person's
 obligation of secrecy under this section.
(e) Disclosure otherwise prohibited by this section of matters occurring before the
grand jury may also be made when:
(i) directed by the managing judge or by any court before which the indictment that
involves matters occurring before the grand jury that are subject to disclosure is to be tried,
preliminary to or in connection with a judicial proceeding;
(ii) permitted by the managing judge at the request of the defendant, upon a showing
that grounds may exist for a motion to dismiss the indictment because of matters occurring
before the grand jury;
(iii) the disclosure is made by an attorney for the state or the special prosecutor to
another state or local grand jury or a federal grand jury;
(iv) permitted by the managing judge at the request of an attorney for the state or the
special prosecutor, upon a showing that the matters may disclose a violation of federal criminal
law, to an appropriate official of the federal government for the purpose of enforcing federal
law; or
(v) showing of special need is made and the managing judge is satisfied that disclosure
of the information or matters is essential for the preparation of a defense.
(f) When the matters are transcripts of testimony given by witnesses[
,
] the state or
special prosecutor intends to call in the state's case in chief in any trial upon an indictment
returned by the grand jury before which the witnesses testified, the attorney for the state or the
special prosecutor shall, no later than 30 days before trial, provide the defendant with access to
the transcripts. The attorney for the state or the special prosecutor shall at the same time
provide the defendant with access to all exculpatory evidence presented to the grand jury prior
to indictment.
(g) When the managing judge orders disclosure of matters occurring before the grand
jury, disclosure shall be made in a manner, at a time, and under conditions the managing judge
directs.
(h) A petition for disclosure made under Subsection (7)(e)(ii) shall be filed with the
managing judge. Unless the hearing is ex parte, the petitioner shall serve written notice upon
the attorney for the state or the special prosecutor, the parties to the judicial proceeding if
disclosure is sought in connection with the proceeding, and other persons as the managing
judge directs. The managing judge shall afford those persons a reasonable opportunity to
appear and be heard.
(8) Records, orders, and subpoenas relating to grand jury proceedings shall be kept
under seal to the extent and so long as necessary to prevent disclosure of matters occurring
before the grand jury other than as provided in this section.
(9) Subject to any right to an open hearing in contempt proceedings, the managing
judge shall order a hearing on matters affecting a grand jury proceeding to be closed to the
extent necessary to prevent disclosure of matters occurring before a grand jury.
Section 87. Section 
77-15a-104
 is amended to read:
77-15a-104.
Hearing -- Notice -- Stay of proceeding -- Examinations of defendant
-- Scope of examination -- Report -- Procedures.
(1) (a) If a defendant proposes to offer evidence concerning or argue that he qualifies
for an exemption from the death penalty under Subsection 
77-15a-101
(1) or (2), the defendant
shall file and serve the prosecuting attorney with written notice of his intention as soon as
practicable, but not fewer than 60 days before trial.
(b) If the defendant wishes to claim the exemption provided in Subsection
77-15a-101
(2), the defendant shall file and serve the prosecuting attorney with written notice of
his intention as soon as practicable, but not fewer than 60 days before trial.
(2) When notice is given under Subsection (1), the court raises the issue, or a motion is
filed regarding Section 
77-15a-101
, the court may stay all proceedings in order to address the
issue.
(3) (a) The court shall order the Department of Human Services to appoint at least two
mental health experts to examine the defendant and report to the court. The experts:
(i) may not be involved in the current treatment of the defendant; and
(ii) shall have expertise in [
mental retardation
] 
intellectual disability
 assessment.
(b) Upon appointment of the experts, the defendant or other party as directed by the
court shall provide information and materials to the examiners relevant to a determination of
the defendant's [
mental retardation
] 
intellectual disability
, including copies of the charging
document, arrest or incident reports pertaining to the charged offense, known criminal history
information, and known prior mental health evaluations and treatments.
(c) The court may make the necessary orders to provide the information listed in
Subsection (3)(b) to the examiners.
(d) The court may provide in its order appointing the examiners that custodians of
mental health records pertaining to the defendant shall provide those records to the examiners
without the need for consent of the defendant or further order of the court.
(e) Prior to examining the defendant, examiners shall specifically advise the defendant
of the limits of confidentiality as provided under Section 
77-15a-106
.
(4) During any examinations under Subsection (3), unless the court directs otherwise,
the defendant shall be retained in the same custody or status he was in at the time the
examination was ordered.
(5) The experts shall in the conduct of their examinations and in their reports to the
court consider and address:
(a) whether the defendant is [
mentally retarded
] 
intellectually disabled
 as defined in
Section 
77-15a-102
;
(b) the degree of any [
mental retardation
] 
intellectual disability
 the expert finds to
exist;
(c) whether the defendant [
has the mental deficiencies
] 
is intellectually disabled as
specified in Subsection 
77-15a-101
(2); and
(d) the degree of any [
mental deficiencies
] 
intellectual disability
 the expert finds to
exist.
(6) (a) The experts examining the defendant shall provide written reports to the court,
the prosecution, and the defense within 60 days of the receipt of the court's order, unless the
expert submits to the court a written request for additional time in accordance with Subsection
(6)(c).
(b) The reports shall provide to the court and to prosecution and defense counsel the
examiners' written opinions concerning the [
mental retardation
] 
intellectual disability
 of the
defendant.
(c) If an examiner requests of the court additional time, the examiner shall provide the
report to the court and counsel within 90 days from the receipt of the court's order unless, for
good cause shown, the court authorizes an additional period of time to complete the
examination and provide the report.
(7) Any written report submitted by an expert shall:
(a) identify the specific matters referred for evaluation;
(b) describe the procedures, techniques, and tests used in the examination and the
purpose or purposes for each;
(c) state the expert's clinical observations, findings, and opinions; and
(d) identify the sources of information used by the expert and present the basis for the
expert's clinical findings and opinions.
(8) Within 30 days after receipt of the report from the Department of Human Services,
but not later than five days before hearing, or at any other time the court directs, the
prosecuting attorney shall file and serve upon the defendant a notice of witnesses the
prosecuting attorney proposes to call in rebuttal.
(9) (a) Except pursuant to Section 
77-15a-105
, this chapter does not prevent any party
from producing any other testimony as to the mental condition of the defendant.
(b) Expert witnesses who are not appointed by the court are not entitled to
compensation under Subsection (10).
(10) (a) Expenses of examinations of the defendant ordered by the court under this
section shall be paid by the Department of Human Services.
(b) Travel expenses associated with any court-ordered examination that are incurred by
the defendant shall be charged by the Department of Human Services to the county where
prosecution is commenced.
(11) (a) When the report is received, the court shall set a date for a hearing to
determine if the exemption under Section 
77-15a-101
 applies. The hearing shall be held and
the judge shall make the determination within a reasonable time prior to jury selection.
(b) Prosecution and defense counsel may subpoena to testify at the hearing any person
or organization appointed by the Department of Human Services to conduct the examination
and any independent examiner.
(c) The court may call any examiner to testify at the hearing who is not called by the
parties. If the court calls an examiner, counsel for the parties may cross-examine that
examiner.
(12) (a) A defendant is presumed [
to be not mentally retarded
] 
not to be intellectually
disabled
 unless the court, by a preponderance of the evidence, finds the defendant to be
[
mentally retarded
] 
intellectually disabled
. The burden of proof is upon the proponent of
[
mental retardation
] 
intellectual disability
 at the hearing.
(b) A finding of [
mental retardation
] 
intellectual disability
 does not operate as an
adjudication of [
mental retardation
] 
intellectual disability
 for any purpose other than exempting
the person from a sentence of death in the case before the court.
(13) (a) The defendant is presumed not to possess the mental deficiencies listed in
Subsection 
77-15a-101
(2) unless the court, by a preponderance of the evidence, finds that the
defendant has significant subaverage general intellectual functioning that exists concurrently
with significant deficiencies in adaptive functioning and that this functioning was manifested
prior to age 22. The burden of proof is upon the proponent of that proposition.
(b) If the court finds by a preponderance of the evidence that the defendant has
significant subaverage general intellectual functioning that exists concurrently with significant
deficiencies in adaptive functioning and that this functioning was manifested prior to age 22,
then the burden is upon the state to establish that any confession by the defendant which the
state intends to introduce into evidence is supported by substantial evidence independent of the
confession.
(14) (a) If the court finds the defendant [
mentally retarded
] 
intellectually disabled
, it
shall issue an order:
(i) containing findings of fact and conclusions of law, and addressing each of the
factors in Subsections (5)(a) and (b); and
(ii) stating that the death penalty is not a sentencing option in the case before the court.
(b) If the court finds by a preponderance of the evidence that the defendant possesses
the mental deficiencies listed in Subsection 
77-15a-101
(2) and that the state fails to establish
that any confession is supported by substantial evidence independent of the confession, the
state may proceed with its case and:
(i) introduce the confession into evidence, and the death penalty will not be a
sentencing option in the case; or
(ii) not introduce into evidence any confession or the fruits of a confession that the
court has found is not supported by substantial evidence independent of the confession, and the
death penalty will be a sentencing option in the case.
(c) (i) A finding by the court regarding whether the defendant qualifies for an
exemption under Section 
77-15a-101
 is a final determination of that issue for purposes of this
chapter.
(ii) The following questions may not be submitted to the jury by instruction, special
verdict, argument, or other means:
(A) whether the defendant is [
mentally retarded
] 
intellectually disabled
 for purposes of
this chapter; and
(B) whether the defendant possesses the mental deficiencies specified in Subsection
77-15a-101
(2).
(iii) This chapter does not prevent the defendant from submitting evidence of
[
retardation
] 
intellectual disability
 or other mental deficiency to establish a mental condition as
a mitigating circumstance under Section 
76-3-207
.
(15) A ruling by the court that the defendant is exempt from the death penalty may be
appealed by the state pursuant to Section 
77-18a-1
.
(16) Failure to comply with this section does not result in the dismissal of criminal
charges.
Section 88. Section 
77-20-3.5
 is amended to read:
77-20-3.5.
Conditions for release after arrest for domestic violence and other
offenses -- Jail release agreements -- Jail release court orders.
(1) As used in this section:
(a) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(b) "Jail release agreement" means a written agreement described in Subsection
[
77-20-3.5
] (3) that:
(i) limits the contact an individual arrested for a qualifying offense may have with an
alleged victim; and
(ii) specifies other conditions of release from jail.
(c) "Jail release court order" means a written court order issued in accordance with
Subsection [
77-20-3.5
] (3) that:
(i) limits the contact an individual arrested for a qualifying offense may have with an
alleged victim; and
(ii) specifies other conditions of release from jail.
(d) "Minor" means an unemancipated individual who is younger than 18 years of age. 
(e) "Offense against a child or vulnerable adult" means the commission or attempted
commission of an offense described in Section 
76-5-109
, 
76-5-109.1
, 
76-5-110
, or 
76-5-111
.
(f) "Qualifying offense" means:
(i) domestic violence;
(ii) an offense against a child or vulnerable adult; or
(iii) the commission or attempted commission of an offense described in Title 76,
Chapter 5, Part 4, Sexual Offenses. 
(2) (a) Upon arrest for a qualifying offense and before the person is released on bail,
recognizance, or otherwise, the person may not personally contact the alleged victim.
(b) A person who violates Subsection (2)(a) is guilty of a class B misdemeanor.
(3) (a) After a person is arrested for a qualifying offense, the person may not be
released before:
(i) the matter is submitted to a magistrate in accordance with Section 
77-7-23
; or
(ii) the person signs a jail release agreement in accordance with Subsection (3)(d)(i).
(b) The arresting officer shall ensure that the information presented to the magistrate
includes whether the alleged victim has made a waiver described in Subsection (6)(a).
(c) If the magistrate determines there is probable cause to support the charge or charges
of one or more qualifying offenses , the magistrate shall determine:
(i) whether grounds exist to hold the arrested person without bail, in accordance with
Section 
77-20-1
;
(ii) if no grounds exist to hold the arrested person without bail, whether any release
conditions, including electronic monitoring, are necessary to protect the alleged victim; or
(iii) any bail that is required to guarantee the arrested person's subsequent appearance
in court.
(d) (i) The magistrate may not release a person arrested for a qualifying offense before
the person's initial court appearance before the court with jurisdiction over the offense for
which the person was arrested, unless the arrested person agrees in writing or the magistrate
orders, as a release condition, that, until the arrested person appears at the initial court
appearance, the arrested person will not:
(A) have personal contact with the alleged victim;
(B) threaten or harass the alleged victim; or
(C) knowingly enter onto the premises of the alleged victim's residence or any premises
temporarily occupied by the alleged victim.
(ii) The magistrate shall schedule the appearance described in Subsection (3)(d)(i) to
take place no more than 96 hours after the time of the arrest.
(iii) The arrested person may make the appearance described in Subsection (3)(d)(i) by
video if the arrested person is not released.
(4) (a) If a person charged with a qualifying offense fails to appear at the time
scheduled by the magistrate under Subsection (3)(d), the person shall comply with the release
conditions described in Subsection (3)(d)(i) until the person makes an initial appearance.
(b) If the prosecutor has not filed charges against a person who was arrested for a
qualifying offense and who appears in court at the time scheduled by the magistrate under
Subsection (3)(d), or by the court under Subsection (4)(b)(ii), the court:
(i) may, upon the motion of the prosecutor and after allowing the person an opportunity
to be heard on the motion, extend the release conditions described in Subsection (3)(d)(i) by no
more than three court days; and
(ii) if the court grants the motion described in Subsection (4)(b)(i), shall order the
arrested person to appear at a time scheduled before the end of the granted extension.
(5) Except as provided in Subsection (4) or otherwise ordered by a court, a jail release
agreement or jail release court order expires at midnight after the arrested person's initial
scheduled court appearance described in Subsection (3)(d)(i).
(6) (a) After an arrest for a qualifying offense , an alleged victim who is not a minor
may waive in writing the release conditions described in Subsection (3)(d)(i)(A) or (C). Upon
waiver, those release conditions do not apply to the arrested person.
(b) A court or magistrate may modify the release conditions described in Subsection
(3)(d)(i), in writing or on the record, and only for good cause shown.
(7) (a) When an arrested person is released in accordance with Subsection (3), the
releasing agency shall:
(i) notify the arresting law enforcement agency of the release, conditions of release, and
any available information concerning the location of the alleged victim;
(ii) make a reasonable effort to notify the alleged victim of the release; and
(iii) before releasing the arrested person, give the arrested person a copy of the jail
release agreement or the jail release court order.
(b) (i) When a person arrested for domestic violence is released pursuant to Subsection
(3) based on a written jail release agreement, the releasing agency shall transmit that
information to the statewide domestic violence network described in Section 
78B-7-113
.
(ii) When a person arrested for domestic violence is released pursuant to Subsections
(3) through (5) based upon a jail release court order or if a written jail release agreement is
modified pursuant to Subsection (6)(b), the court shall transmit that order to the statewide
domestic violence network described in Section 
78B-7-113
.
(c) This Subsection (7) does not create or increase liability of a law enforcement officer
or agency, and the good faith immunity provided by Section 
77-36-8
 is applicable.
(8) (a) If a law enforcement officer has probable cause to believe that a person has
violated a jail release agreement or jail release court order, the officer shall, without a warrant,
arrest the person.
(b) Any person who knowingly violates a jail release court order or jail release
agreement executed pursuant to Subsection (3) is guilty as follows:
(i) if the original arrest was for a felony, an offense under this section is a third degree
felony; or
(ii) if the original arrest was for a misdemeanor, an offense under this section is a class
A misdemeanor.
(c) City attorneys may prosecute class A misdemeanor violations under this section.
(9) A person who is arrested for a qualifying offense that is a felony and released in
accordance with this section may subsequently be held without bail if there is substantial
evidence to support a new felony charge against the person.
(10) At the time an arrest is made for a qualifying offense , the arresting officer shall
provide the alleged victim with written notice containing:
(a) the release conditions described in Subsections (3) through (5), and notice that the
alleged perpetrator will not be released, before appearing before the court with jurisdiction over
the offense for which the alleged perpetrator was arrested, unless:
(i) the alleged perpetrator enters into a written agreement to comply with the release
conditions; or
(ii) the magistrate orders the release conditions;
(b) notification of the penalties for violation of any jail release agreement or jail release
court order;
(c) notification that the alleged perpetrator is to personally appear in court on the next
day the court is open for business after the day of the arrest;
(d) the address of the appropriate court in the district or county in which the alleged
victim resides;
(e) the availability and effect of any waiver of the release conditions; and
(f) information regarding the availability of and procedures for obtaining civil and
criminal protective orders with or without the assistance of an attorney.
(11) At the time an arrest is made for a qualifying offense , the arresting officer shall
provide the alleged perpetrator with written notice containing:
(a) notification that the alleged perpetrator may not contact the alleged victim before
being released;
(b) the release conditions described in Subsections (3) through (5) and notice that the
alleged perpetrator will not be released, before appearing before the court with jurisdiction over
the offense for which the alleged perpetrator was arrested, unless:
(i) the alleged perpetrator enters into a written agreement to comply with the release
conditions; or
(ii) the magistrate orders the release conditions;
(c) notification of the penalties for violation of any jail release agreement or jail release
court order; and
(d) notification that the alleged perpetrator is to personally appear in court on the next
day the court is open for business after the day of the arrest.
(12) (a) A pretrial or sentencing protective order supercedes a jail release agreement or
jail release court order.
(b) If a court dismisses the charges for the qualifying offense that gave rise to a jail
release agreement or jail release court order, the court shall dismiss the jail release agreement
or jail release court order.
(13) In addition to the provisions of Subsections (3) through (12), because of the
unique and highly emotional nature of domestic violence crimes, the high recidivism rate of
violent offenders, and the demonstrated increased risk of continued acts of violence subsequent
to the release of an offender who has been arrested for domestic violence, it is the finding of
the Legislature that domestic violence crimes, as defined in Section 
77-36-1
, are crimes for
which bail may be denied if there is substantial evidence to support the charge, and if the court
finds by clear and convincing evidence that the alleged perpetrator would constitute a
substantial danger to an alleged victim of domestic violence if released on bail.
(14) The provisions of this section do not apply if the person arrested for the qualifying
offense is a minor, unless the qualifying offense is domestic violence. 
Section 89. Section 
77-20-9
 is amended to read:
77-20-9.
Disposition of forfeitures.
If by reason of the neglect of the defendant to appear, money deposited instead of bail
or money paid by sureties on bail bond is forfeited and the forfeiture is not discharged or
remitted, the clerk with whom it is deposited or paid shall, immediately after final adjournment
of the court, pay over the money forfeited as follows:
(1) the forfeited bail 
in
 cases in or appealed from district courts shall be distributed as
provided in Section 
78A-5-110
;
(2) the forfeited bail in cases in precinct justice courts or in municipal justice courts
shall be distributed as provided in Sections 
78A-7-120
 and 
78A-7-121
;
(3) the forfeited bail in cases in justice courts where the offense is not triable in that
court shall be paid into the General Fund; and
(4) the forfeited bail in cases not provided for in this section shall be paid 50% to the
state treasurer and the remaining 50% to the county treasurer in the county in which the
violation occurred or the forfeited bail is collected.
Section 90. Section 
77-23-210
 is amended to read:
77-23-210.
Force used in executing a search warrant -- When notice of authority
is required as a prerequisite.
(1) (a) No later than July 1, 2015, any law enforcement agency that seeks a warrant
under this section shall comply with guidelines and procedures which are, at a minimum, in
accordance with state law and model guidelines and procedures recommended by the Utah
Peace Officer Standards and Training Council created in Section 
53-6-106
.
(b) Written policies adopted pursuant to this section[
,
] shall be subject to public
disclosure and inspection, in accordance with Title 63G, Chapter 2, Government 
Records
Access and Management Act.
(2) When a search warrant has been issued authorizing entry into any building, room,
conveyance, compartment, or other enclosure, the officer executing the warrant may enter:
(a) if, after giving notice of the officer's authority and purpose, there is no response or
the officer is not admitted with reasonable promptness; or
(b) without notice of the officer's authority and purpose as provided in Subsection (3).
(3) (a) The officer may enter without notice only if:
(i) there is reasonable suspicion to believe that the notice will endanger the life or
safety of the officer or another person;
(ii) there is probable cause to believe that evidence may be easily or quickly destroyed;
or
(iii) the magistrate, having found probable cause based upon proof provided under
oath[
,
] that the object of the search may be easily or quickly destroyed, or having found reason
to believe that physical harm may result to any person if notice were given, has directed that the
officer need not give notice of authority and purpose before entering the premises to be
searched under the Rules of Criminal Procedure; or
(iv) the officer physically observes and documents a previously unknown event or
circumstance at the time the warrant is being executed which creates probable cause to believe
the object of the search is being destroyed, or creates reasonable suspicion to believe that
physical harm may result to any person if notice were given.
(b) The officer shall identify himself or herself and state the purpose for entering the
premises as soon as practicable after entering.
(4) An officer executing a warrant under this section may use only that force which is
reasonable and necessary to execute the warrant.
(5) An officer executing a warrant under this section shall wear readily identifiable
markings, including a badge and vest or clothing with a distinguishing label or other writing
which indicates that he or she is a law enforcement officer.
(6) (a) An officer executing a warrant under this section shall comply with the officer's
employing agency's body worn camera policy when the officer is equipped with a body-worn
camera.
(b) The employing agency's policy regarding the use of body-worn cameras shall
include a provision that an officer executing a warrant under this section shall wear a
body-worn camera when a camera is available, except in exigent circumstances where it is not
practicable to do so.
(7) (a) The officer shall take reasonable precautions in execution of any search warrant
to minimize the risks of unnecessarily confrontational or invasive methods which may result in
harm to any person.
(b) The officer shall minimize the risk of searching the wrong premises by verifying
that the premises being searched is consistent with a particularized description in the search
warrant, including such factors as the type of structure, the color, the address, and orientation
of the target property in relation to nearby structures as is reasonably necessary.
(8) Notwithstanding any provision in this chapter, a warrant authorizing forcible entry
without prior announcement may not be issued under this section, solely for:
(a) the alleged possession or use of a controlled substance; or
(b) the alleged possession of drug paraphernalia as provided in Section 
58-37a-3
.
Section 91. Section 
77-30-8
 is amended to read:
77-30-8.
Execution of warrant of arrest.
Such warrant shall authorize the peace officer or other person to whom directed to
arrest the accused at any time and any place where [
he
] 
the accused
 may be found within the
state and to command the aid of all peace officers or other persons in the execution of the
warrant, and to deliver the accused, subject to the provisions of this act
,
 to the duly authorized
agent of the demanding state.
Section 92. Section 
77-30-18
 is amended to read:
77-30-18.
Forfeiture of bail.
If the prisoner is admitted to bail and fails to appear and surrender [
himself
] according
to the conditions of [
his
] 
the prisoner's
 bond
,
 the judge or magistrate by proper order shall
declare the bond forfeited and order [
his
] 
the prisoner's
 immediate arrest without warrant if [
he
be
] 
the prisoner is
 within this state. Recovery may be had on such bond in the name of the state
as in the case of other bonds given by the accused in criminal proceedings within this state.
Section 93. Section 
77-30-25
 is amended to read:
77-30-25.
Person brought into state on extradition exempt from civil process --
Waiver of extradition proceedings -- Nonwaiver by this state.
(1) A person brought into this state by or after waiver of extradition based on a
criminal charge shall not be subject to service of personal process in civil actions arising out of
the same facts as the criminal proceedings to answer which he is being or has been returned
until he has been convicted in the criminal proceedings, or, if acquitted, until he has had
reasonable opportunity to return to the state from which he was extradited.
(2) (a) Any person arrested in this state charged with having committed any crime in
another state or alleged to have escaped from confinement or broken the terms of his bail,
probation or parole may waive the issuance and service of the warrant provided for in Sections
77-30-7
 and 
77-30-8
, and all other procedure incidental to extradition proceedings, by
executing or subscribing in the presence of a judge of any court of record within this state a
writing which states that he consents to return to the demanding state; provided, before such
waiver shall be executed or subscribed by such person it shall be the duty of such judge to
inform such person of his rights to the issuance and service of a warrant of extradition and to
obtain a writ of habeas corpus as provided for in Section 
77-30-10
.
(b) If and when such consent has been duly executed it shall forthwith be forwarded to
the office of the governor of this state and filed therein. The judge shall direct the officer
having such person in custody to deliver forthwith such person to the duly accredited agent or
agents of the demanding state and shall deliver or cause to be delivered to such agent or agents
a copy of such consent; provided, nothing in this section shall be deemed to limit the rights of
the accused person to return voluntarily and without formality to the demanding state, [
or
] 
nor
shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers,
rights, or duties of the officers of the demanding state or of this state.
(3) Nothing in this chapter shall be deemed to constitute a waiver by this state of its
right, power or privilege to try such demanded person for a crime committed within this state,
or of its right, power or privilege to regain custody of such person by extradition proceedings or
otherwise for the purpose of trial, sentence or punishment for any crime committed within this
state, [
or
] 
nor
 shall any proceedings had under this chapter which result in or fail to result in
extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any
way whatsoever.
Section 94. Section 
77-32-603
 is amended to read:
77-32-603.
County and state obligations.
(1) (a) Except as provided in Subsection (1)(b), each participating county shall pay into
the fund annually an amount calculated by multiplying the average of the percent of its
population to the total population of all participating counties and of the percent its taxable
value of the locally and centrally assessed property located [
with
] 
within
 that county to the total
taxable value of the locally and centrally assessed property to all participating counties by the
total fund assessment for that year to be paid by all participating counties as is determined by
the board to be sufficient such that it is unlikely that a deficit will occur in the fund in any
calendar year.
(b) The fund minimum shall be equal to or greater than 50 cents per person of all
counties participating.
(c) The amount paid by the participating county pursuant to Subsection (1) shall be the
total county obligation for payment of costs pursuant to Section 
77-32-601
.
(2) (a) After the first year of operation of the fund, any county that elects to initiate
participation in the fund, or reestablish participation in the fund after participation was
terminated, shall be required to make an equity payment in addition to the assessment provided
in Subsection (1).
(b) The equity payment shall be determined by the board and represent what the
county's equity in the fund would be if the county had made assessments into the fund for each
of the previous two years.
(3) If the fund balance after contribution by the state and participating counties is
insufficient to replenish the fund annually to at least $250,000, the board by a majority vote
may terminate the fund.
(4) If the fund is terminated, all remaining funds shall continue to be administered and
disbursed in accordance with the provision of this chapter until exhausted, at which time the
fund shall cease to exist.
(5) (a) If the fund runs a deficit during any calendar year, the state is responsible for the
deficit.
(b) In the calendar year following a deficit year, the board shall increase the assessment
required by Subsection (1) by an amount at least equal to the deficit of the previous year, which
combined amount becomes the base assessment until another deficit year occurs.
(6) In any calendar year in which the fund runs a deficit, or is projected to run a deficit,
the board shall request a supplemental appropriation to pay for the deficit from the Legislature
in the following general session. The state shall pay any or all of the reasonable and necessary
money for the deficit into the Indigent Capital Defense Trust Fund.
Section 95. Section 
77-32a-102
 is amended to read:
77-32a-102.
Creation of criminal judgment account receivable.
(1) At the time of sentencing or acceptance of a plea in abeyance, the court shall
establish the criminal accounts receivable, as determined in this chapter including all amounts
then owing, including, as applicable, fines, fees, surcharges, costs, restitution, and interest.
(2) After creating the account receivable, the court:
(a) shall, in the case of felonies where a prison sentence is imposed and not suspended,
enter any unpaid criminal judgment account receivable as a civil judgment and transfer the
responsibility for collecting the judgment to the Office of State Debt Collection;
(b) may, in other cases, permit a defendant to pay the criminal judgment account
receivable by a date certain or in installments; or
(c) may, in other cases where the court finds that collection of the account by the court
would not be feasible, enter any unpaid criminal judgment account receivable as a civil
judgment and transfer the responsibility for collecting the judgement to the Office of State Debt
Collection.
(3) A court allowing installment payments does not limit the ability of a judgment
creditor to pursue collection by any means allowable by law.
(4) If the court makes restitution or another financial decision at a time after sentencing
that increases the total amount owed in a case, the criminal accounts receivable balance shall
be adjusted to include the new amounts determined by the court.
(5) The court may modify the amount and number of any installment payments, as
justice requires, at any time before the time for default as outlined in Subsection
77-32a-103
(2).
(6) In the district court, delinquent accounts may incur [
post judgment
] 
postjudgment
interest.
Section 96. Section 
77-38a-401
 is amended to read:
77-38a-401.
Entry of judgment -- Interest -- Civil actions -- Lien.
(1) Upon the court determining that a defendant owes restitution, the clerk of the court
shall enter an order of complete restitution as defined in Section 
77-38a-302
 on the civil
judgment docket and provide notice of the order to the parties.
(2) The order shall be considered a legal judgment, enforceable under the Utah Rules
of Civil Procedure. In addition, the department may, on behalf of the person in whose favor the
restitution order is entered, enforce the restitution order as judgment creditor under the Utah
Rules of Civil Procedure.
(3) If the defendant fails to obey a court order for payment of restitution and the victim
or department elects to pursue collection of the order by civil process, the victim shall be
entitled to recover collection and reasonable attorney fees.
(4) Notwithstanding Subsection 
77-18-6
(1)(b)[
(v)
] and Sections 
78B-2-311
 and
78B-5-202
, a judgment ordering restitution when entered on the civil judgment docket shall
have the same [
affect
] 
effect
 and is subject to the same rules as a judgment in a civil action and
expires only upon payment in full, which includes applicable interest, collection fees, and
attorney fees. Interest shall accrue on the amount ordered from the time of sentencing,
including prejudgment interest. This Subsection (4) applies to all restitution judgments not
paid in full on or before May 12, 2009.
(5) The department shall make rules permitting the restitution payments to be credited
to principal first and the remainder of payments credited to interest in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 97. Section 
77-41-103
 is amended to read:
77-41-103.
Department duties.
(1) The department, to assist in investigating kidnapping and sex-related crimes, and in
apprehending offenders, shall:
(a) develop and operate a system to collect, analyze, maintain, and disseminate
information on offenders and sex and kidnap offenses;
(b) make information listed in Subsection 
77-41-110
(4) available to the public; and
(c) share information provided by an offender under this chapter that may not be made
available to the public under Subsection 
77-41-110
(4), but only:
(i) for the purposes under this chapter; or
(ii) in accordance with Section 
63G-2-206
.
(2) Any law enforcement agency shall, in the manner prescribed by the department,
inform the department of:
(a) the receipt of a report or complaint of an offense listed in Subsection 
77-41-102
(9)
or (17), within three business days; and
(b) the arrest of a person suspected of any of the offenses listed in Subsection
77-41-102
(9) or (17), within five business days.
(3) Upon convicting a person of any of the offenses listed in Subsection 
77-41-102
(9)
or (17), the convicting court shall within three business days forward a signed copy of the
judgment and sentence to the Sex and Kidnap Offender Registry office within the Department
of Corrections.
(4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
conviction for any offense listed in Subsection 
77-41-102
(9) or (17), the court shall, within
three business days, forward a signed copy of the order to the Sex and Kidnap Offender
Registry office within the Department of Corrections.
(5) The department may intervene in any matter, including a criminal action, where the
matter purports to affect a person's lawfully entered registration requirement.
(6) The department shall:
(a) provide the following additional information when available:
(i) the crimes the offender has been convicted of or adjudicated delinquent for;
(ii) a description of the offender's primary and secondary targets; and
(iii) any other relevant identifying information as determined by the department;
(b) maintain the Sex Offender and Kidnap Offender Notification and Registration
website; and
(c) ensure that the registration information collected regarding an offender's enrollment
or employment at an educational institution is:
(i) (A) promptly made available to any law enforcement agency that has jurisdiction
where the institution is located if the educational institution is an institution of higher
education; or
(B) promptly made available to the district superintendent of the school district where
the offender is [
enrolled
] 
employed
 if the educational institution is an institution of primary
education; and
(ii) entered into the appropriate state records or data system.