Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 10 Sixth Substitute (2020GS)

Sponsor

Rep. Roberts, M.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals the following entities and amends provisions related to the following entities:
• the Arts and Culture Business Alliance;
• the Deception Detection Examiners Board;
• the Global Positioning Systems Advisory Committee;
• the Hearing Instrument Specialist Licensing Board;
• the Livestock Market Committee;
• the Motorcycle Rider Education Advisory Committee;
• the Pesticide Committee;
• the Private Aquaculture Advisory Council;
• the Residence Lien Recovery Fund Advisory Board;
• the Serious Habitual Offender Comprehensive Action Program Oversight Committees;
• the State Advisory Council on Science and Technology;
• the State Law Library Board of Control;

Every vote on this bill

Bill text

BOARDS AND COMMISSIONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marc K. Roberts
Senate Sponsor: 
Daniel W. Thatcher
Cosponsor:
Travis M. Seegmiller
LONG TITLE
General Description:
This bill repeals, places sunset provisions on, and amends and enacts provisions related
to certain boards and commissions.
Highlighted Provisions:
This bill:
▸ repeals the following entities and amends provisions related to the following
entities:
• the Arts and Culture Business Alliance;
• the Deception Detection Examiners Board;
• the Global Positioning Systems Advisory Committee;
• the Hearing Instrument Specialist Licensing Board;
• the Livestock Market Committee;
• the Motorcycle Rider Education Advisory Committee;
• the Pesticide Committee;
• the Private Aquaculture Advisory Council;
• the Residence Lien Recovery Fund Advisory Board;
• the Serious Habitual Offender Comprehensive Action Program Oversight
Committees;
• the State Advisory Council on Science and Technology;
• the State Law Library Board of Control;
• the Survey and Excavation Permit Advisory Committee; and
• the Veterans Memorial Park Board;
▸ adds sunset provisions to the following and provisions related to the following:
• the advisory council for the Utah Schools for the Deaf and Blind;
• the advisory council for the Division of Services for the Blind and Visually
Impaired;
• the Agricultural Advisory Board;
• the Agricultural and Wildlife Damage Prevention Board;
• the Agricultural Water Optimization Task Force;
• the Alarm System Security Licensing Board;
• the Architects Licensing Board;
• the Board of Bank Advisors;
• the Board of Credit Union Advisors;
• the Board of Financial Institutions;
• the Board of Tourism Development;
• the Boating Advisory Council;
• the Charter School Revolving Account Committee;
• the Child Care Advisory Committee;
• the Child Support Guidelines Advisory Committee;
• the Coal Miner Certification Panel;
• the Committee of Consumer Services;
• the Concealed Firearms Review Board;
• the Coordinating Council for Persons with Disabilities;
• coordinating councils for youth in custody;
• the Data Security Management Council;
• the Decision and Action Committee;
• the Domesticated Elk Act advisory council;
• the Drug Utilization Review Board;
• the Early Childhood Utah Advisory Council;
• the Emergency Management Administration Council;
• the Employment Advisory Council;
• the Executive Residence Commission;
• the Federal Land Application Advisory Committee;
• the Forensic Mental Health Coordinating Council;
• the Governor's Committee on Employment of People with Disabilities;
• the Governor's Economic Development Coordinating Council;
• the Great Salt Lake Advisory Council;
• the Heritage Trees Advisory Committee;
• the Interpreter Certification Board;
• the Kurt Oscarson Children's Organ Transplant Coordinating Committee;
• the Land Use and Eminent Domain Advisory Board;
• the Livestock Brand Board;
• local advisory boards for the Children's Justice Center Program;
• market boards of control in the Department of Agriculture;
• the Medical Education Council;
• the Motor Vehicle Business Advisory Board;
• the Motor Vehicle Review Committee;
• the Museum Services Advisory Board;
• the Native American Remains Review Committee;
• the Newborn Hearing Screening Committee;
• the Off-highway Vehicle Advisory Council;
• the Pawnshop and Secondhand Merchandise Advisory Board;
• the Powersport Motor Vehicle Franchise Advisory Board;
• the Primary Care Grant Committee;
• the Purchasing from Persons with Disabilities Advisory Board;
• the Recreational Trails Advisory Council;
• regional advisory councils for the Wildlife Board;
• the Residential Child Care Licensing Advisory Committee;
• the Residential Mortgage Regulatory Commission;
• the Search and Rescue Advisory Board;
• the Snake Valley Aquifer Advisory Council;
• the State Grazing Advisory Board;
• the State Instructional Materials Commission;
• the State Rehabilitation Advisory Council;
• the State of Utah Alice Merrill Horne Art Collection Board;
• the State Weed Committee;
• the Technology Initiative Advisory Board;
• transportation advisory committees;
• the Traumatic Brain Injury Advisory Committee;
• the Utah Children's Health Insurance Program Advisory Council;
• the Utah Commission on Service and Volunteerism;
• the Utah Council on Victims of Crime;
• the Utah Electronic Recording Commission;
• the Utah Health Advisory Council;
• the Utah Professional Practices Advisory Commission;
• the Utah Prosecution Council;
• the Wildlife Board Nominating Committee; and
• the Workers' Compensation Advisory Council;
▸ reinstates the Judicial Rules Review Committee, which was previously repealed,
and enacts provisions related to the Judicial Rules Review Committee;
▸ provides for the Governor's Office of Economic Development to develop an
incentives review process;
▸ repeals sunset provisions related to the Utah State Fair Corporation Board of
Directors;
▸ repeals sunset provisions related to the Pete Suazo Utah Athletic Commission;
▸ modifies appointments related to:
• the Committee of Consumer Services;
• the Health Facility Committee;
• the Sentencing Commission; and
• the Utah Seismic Safety Commission;
▸ amends provisions related to contributions to the Martha Hughes Cannon Capitol
Statue Oversight Committee;
▸ adds provisions to an existing repealer for the Air Ambulance Committee;
▸ modifies reporting requirements related to boards and commissions;
▸ requires the Utah Public Notice Website and the governor's boards and
commissions database to share certain information;
▸ requires the Division of Archives and Records Service to identify and report certain
information;
▸ allows an individual to receive notifications regarding vacancies on certain boards
and commissions;
▸ provides a portal through which a member of the public may provide feedback on
an appointee or sitting member of certain boards and commissions; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
4-14-106
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-30-105
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-30-106
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-30-107
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-37-109
, as last amended by Laws of Utah 2017, Chapter 412
9-6-201
, as last amended by Laws of Utah 2017, Chapter 48
9-6-202
, as last amended by Laws of Utah 2015, Chapter 350
9-6-305
, as last amended by Laws of Utah 2018, Chapter 65
9-6-306
, as last amended by Laws of Utah 2018, Chapter 65
9-6-806
, as enacted by Laws of Utah 2015, Chapter 350
9-7-302
, as last amended by Laws of Utah 2008, Chapter 382
9-8-305
, as last amended by Laws of Utah 2008, Chapter 382
23-14-3
, as last amended by Laws of Utah 2017, Chapter 412
26-21-3
, as last amended by Laws of Utah 2011, Chapter 366
26-39-200
, as last amended by Laws of Utah 2019, Chapter 111
26-39-201
, as last amended by Laws of Utah 2014, Chapter 322
36-12-22
, as enacted by Laws of Utah 2019, Chapter 246
36-31-104
, as enacted by Laws of Utah 2018, Chapter 342
38-11-102
, as last amended by Laws of Utah 2018, Chapter 229
38-11-201
, as last amended by Laws of Utah 2018, Chapter 229
53F-9-203
, as last amended by Laws of Utah 2019, Chapter 186
54-10a-202
, as last amended by Laws of Utah 2010, Chapter 286
58-46a-102
, as last amended by Laws of Utah 2017, Chapter 43
58-46a-302
, as last amended by Laws of Utah 2013, Chapter 87
58-46a-302.5
, as last amended by Laws of Utah 2013, Chapter 87
58-46a-303
, as last amended by Laws of Utah 2001, Chapter 268
58-46a-501
, as last amended by Laws of Utah 2002, Chapter 50
58-46a-502
, as last amended by Laws of Utah 2019, Chapter 349
58-55-201
, as last amended by Laws of Utah 2019, Chapter 215
58-64-102
, as last amended by Laws of Utah 2016, Chapter 201
58-64-302
, as last amended by Laws of Utah 2016, Chapter 201
58-64-502
, as enacted by Laws of Utah 1995, Chapter 215
58-64-601
, as last amended by Laws of Utah 2016, Chapter 201
63C-6-101
, as last amended by Laws of Utah 2011, Chapter 55
63F-1-509
, as last amended by Laws of Utah 2008, Chapter 382
63F-1-701
, as last amended by Laws of Utah 2016, Chapter 233
63I-1-204
, as enacted by Laws of Utah 2019, Chapter 246
63I-1-209
, as last amended by Laws of Utah 2019, Chapter 246
63I-1-213
, as last amended by Laws of Utah 2018, Chapter 111
63I-1-217
, as last amended by Laws of Utah 2018, Chapters 236 and 347
63I-1-223
, as last amended by Laws of Utah 2019, Chapter 246
63I-1-226
, as last amended by Laws of Utah 2019, Chapters 67, 136, 246, 289, 455 and
last amended by Coordination Clause, Laws of Utah 2019, Chapter 246
63I-1-234
, as last amended by Laws of Utah 2019, Chapter 136
63I-1-235
, as last amended by Laws of Utah 2019, Chapters 89 and 246
63I-1-241
, as last amended by Laws of Utah 2019, Chapters 49, 55, and 246
63I-1-253
, as last amended by Laws of Utah 2019, Chapters 90, 136, 166, 173, 246,
325, 344 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
246
63I-1-254
, as last amended by Laws of Utah 2019, Chapter 88
63I-1-258
, as last amended by Laws of Utah 2019, Chapters 67 and 68
63I-1-261
, as last amended by Laws of Utah 2011, Chapter 199
63I-1-262
, as last amended by Laws of Utah 2019, Chapters 246, 257, 440 and last
amended by Coordination Clause, Laws of Utah 2019, Chapter 246
63I-1-263
, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
246
63I-1-267
, as last amended by Laws of Utah 2019, Chapters 246 and 370
63I-1-272
, as last amended by Laws of Utah 2019, Chapter 246
63I-1-273
, as last amended by Laws of Utah 2019, Chapters 96 and 246
63I-1-278
, as last amended by Laws of Utah 2019, Chapters 66 and 136
63I-2-226
, as last amended by Laws of Utah 2019, Chapters 262, 393, 405 and last
amended by Coordination Clause, Laws of Utah 2019, Chapter 246
63M-7-402
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63N-7-103
, as last amended by Laws of Utah 2015, Chapter 301 and renumbered and
amended by Laws of Utah 2015, Chapter 283
63N-7-301
, as last amended by Laws of Utah 2019, Chapters 136 and 237
67-1-2.5
, as last amended by Laws of Utah 2019, Chapter 246
71-7-3
, as last amended by Laws of Utah 2018, Chapter 39
ENACTS:
36-32-101
, Utah Code Annotated 1953
36-32-102
, Utah Code Annotated 1953
36-32-201
, Utah Code Annotated 1953
36-32-202
, Utah Code Annotated 1953
36-32-203
, Utah Code Annotated 1953
36-32-204
, Utah Code Annotated 1953
36-32-205
, Utah Code Annotated 1953
36-32-206
, Utah Code Annotated 1953
36-32-207
, Utah Code Annotated 1953
63I-1-207
, Utah Code Annotated 1953
63I-1-240
, Utah Code Annotated 1953
63I-1-265
, Utah Code Annotated 1953
63I-1-279
, Utah Code Annotated 1953
63N-1-205
, Utah Code Annotated 1953
REPEALS:
4-30-103
, as last amended by Laws of Utah 2019, Chapter 156
9-6-801
, as enacted by Laws of Utah 2015, Chapter 350
9-6-802
, as enacted by Laws of Utah 2015, Chapter 350
9-6-803
, as enacted by Laws of Utah 2015, Chapter 350
9-6-804
, as enacted by Laws of Utah 2015, Chapter 350
9-6-805
, as enacted by Laws of Utah 2015, Chapter 350
9-7-301
, as last amended by Laws of Utah 1997, Chapter 10
23-14-2.8
, as enacted by Laws of Utah 2017, Chapter 412
26-39-202
, as last amended by Laws of Utah 2014, Chapter 322
38-11-104
, as last amended by Laws of Utah 2018, Chapter 229
53-3-908
, as last amended by Laws of Utah 2010, Chapters 286 and 324
58-46a-201
, as enacted by Laws of Utah 1994, Chapter 28
58-64-201
, as enacted by Laws of Utah 1995, Chapter 215
63M-3-101
, as enacted by Laws of Utah 2008, Chapter 382
63M-3-102
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-3-103
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-3-201
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-3-202
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-10-202
, as renumbered and amended by Laws of Utah 2008, Chapter 382
71-7-4
, as last amended by Laws of Utah 2018, Chapter 39
Utah Code Sections Affected by Coordination Clause:
26-21-3
, as last amended by Laws of Utah 2011, Chapter 366
63I-1-209
, as last amended by Laws of Utah 2019, Chapter 246
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-14-106
 is amended to read:
4-14-106.
Department authorized to make and enforce rules.
The department may, by following the procedures and requirements of Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, adopt rules to:
(1) declare as a pest any form of plant or animal life that is injurious to health or the
environment, except:
(a) a human being; or
(b) a bacteria, virus, or other microorganism on or in a living person or animal;
(2) establish, in accordance with the regulations issued by the EPA under 7 U.S.C. Sec.
136w(c)(2), whether pesticides registered for special local needs under the authority of 7
U.S.C. Sec. 136v(c) are highly toxic to man;
(3) establish, consistent with EPA regulations, that certain pesticides or quantities of
substances contained in these pesticides are injurious to the environment;
(4) adopt a list of "restricted use pesticides" for the state or designated areas within the
state if the department determines upon substantial evidence presented at a public hearing [
and
upon recommendation of the pesticide committee
] that restricted use is necessary to prevent
damage to property or to the environment;
(5) establish qualifications for a pesticide applicator business; and
(6) adopt any rule, not inconsistent with federal regulations issued under FIFRA, 
considered necessary to administer and enforce this chapter, including rules relating to the
sale, distribution, use, and disposition of pesticides if necessary to prevent damage and to
protect the public health.
Section 2. Section 
4-30-105
 is amended to read:
4-30-105.
License required -- Application -- Fee -- Expiration -- Renewal.
(1) (a) No person may operate a livestock market in this state without a license issued
by the department.
(b) Application for a license shall be made to the department upon forms prescribed
and furnished by the department, and the application shall specify:
(i) if the applicant is an individual, the name, address, and date of birth of the
applicant; or
(ii) if the applicant is a partnership, corporation, or association, the name, address, and
date of birth of each person who has a financial interest in the applicant and the amount of each
person's interest;
(iii) a certified statement of the financial assets and liabilities of the applicant detailing:
(A) current assets;
(B) current liabilities;
(C) long-term assets; and
(D) long-term liabilities;
(iv) a legal description of the property where the market is proposed to be located, the
property's street address, and a description of the facilities proposed to be used in connection
with the property;
(v) a schedule of the charges or fees the applicant proposes to charge for each service
rendered; and
(vi) a detailed statement of the trade area proposed to be served by the applicant, the
potential benefits which will be derived by the livestock industry, and the specific services the
applicant intends to render at the livestock market.
(2) (a) Upon receipt of a proper application, payment of a license fee in an amount
determined by the department pursuant to Subsection 
4-2-103
(2), [
and a favorable
recommendation by the Livestock Market Committee,
] the commissioner, if satisfied that the
convenience and necessity of the industry and the public will be served, shall issue a license
allowing the applicant to operate the livestock market proposed in the application valid through
December 31 of the year in which the license is issued, subject to suspension or revocation for
cause.
(b) A livestock market license is annually renewable on or before December 31 of each
year upon the payment of an annual license renewal fee in an amount determined by the
department pursuant to Subsection 
4-2-103
(2).
(3) No livestock market original or renewal license may be issued until the applicant
has provided the department with a certified copy of a surety bond filed with the United States
Department of Agriculture as required by the Packers and Stockyards Act, 1921, 7 U.S.C. 
Section 181 et seq.
Section 3. Section 
4-30-106
 is amended to read:
4-30-106.
Hearing on license application -- Notice of hearing.
(1) Upon the filing of an application, the [
chairman of the Livestock Market
Committee
] 
department
 shall set a time for hearing on the application in the city or town
nearest the proposed site of the livestock market and cause notice of the time and place of the
hearing together with a copy of the application to be forwarded by mail, not less than 15 days
before the hearing date, to the following:
(a) each licensed livestock market operator within the state; and
(b) each livestock or other interested association or group of persons in the state that
has filed written notice with the [
committee
] 
department
 requesting receipt of notice of such
hearings.
(2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
(a) in a daily or weekly newspaper of general circulation within the city or town where
the hearing is scheduled; and
(b) on the Utah Public Notice Website created in Section 
63F-1-701
.
Section 4. Section 
4-30-107
 is amended to read:
4-30-107.
Guidelines delineated for decision on application.
(1) The [
Livestock Market Committee
] 
department,
 in determining whether to
[
recommend approval or denial of
] 
approve or deny
 the application
,
 shall consider:
(a) the applicant's proven or potential ability to comply with the Packers and
Stockyards Act, 7 U.S.C. Sec. 221 through 229b;
(b) the financial stability, business integrity, and fiduciary responsibility of the
applicant;
(c) the livestock marketing benefits which potentially will be derived from the
establishment and operation of the public livestock market proposed;
(d) the need for livestock market services in the trade area proposed;
(e) the adequacy of the livestock market location and facilities proposed in the
application, including facilities for health inspection and testing;
(f) whether the operation of the proposed livestock market is likely to be permanent;
and
(g) the economic feasibility of the proposed livestock market based on competent
evidence.
(2) Any interested person may appear at the hearing on the application and give an
opinion or present evidence either for or against granting the application.
Section 5. Section 
4-37-109
 is amended to read:
4-37-109.
Department to make rules.
(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a) specifying procedures for the application and renewal of certificates of registration
for operating an aquaculture or fee fishing facility; and
(b) governing the disposal or removal of aquatic animals from an aquaculture or fee
fishing facility for which the certificate of registration has lapsed or been revoked.
(2) (a) The department may make other rules consistent with its responsibilities set
forth in Section 
4-37-104
.
(b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall
be consistent with the suggested procedures for the detection and identification of pathogens
published by the American Fisheries Society's Fish Health Section.
[
(3) (a) The department shall consider the recommendations of the Private Aquaculture
Advisory Council established in Section 
23-14-2.8
 when adopting rules under Subsection (1).
]
[
(b) If the Private Aquaculture Advisory Council recommends a position or action to
the department pursuant to Section 
23-14-2.8
 and the department rejects the recommendation,
the department shall provide a written explanation to the council.
]
Section 6. Section 
9-6-201
 is amended to read:
9-6-201.
Division of Arts and Museums -- Creation -- Powers and duties.
(1) There is created within the department the Division of Arts and Museums under the
administration and general supervision of the executive director or the designee of the
executive director.
(2) The division shall be under the policy direction of the board.
(3) The division shall advance the interests of the arts, in all their phases, within the
state, and to that end shall:
(a) cooperate with and locally sponsor federal agencies and projects directed to similar
undertakings;
(b) develop the influence of arts in education;
(c) involve the private sector, including businesses, charitable interests, educational
interests, manufacturers, agriculturalists, and industrialists in these endeavors;
(d) utilize broadcasting facilities and the power of the press in disseminating
information; and
(e) foster, promote, encourage, and facilitate, not only a more general and lively study
of the arts, but take all necessary and useful means to stimulate a more abundant production of
an indigenous art in this state.
(4) The board shall set policy to guide the division in accomplishing the purposes set
forth in Subsection (3).
(5) [
Except for arts development projects under Section 
9-6-804
, the
] 
The
 division may
not grant funds for the support of any arts project under this section unless the project has been
first approved by the board.
Section 7. Section 
9-6-202
 is amended to read:
9-6-202.
Division director.
(1) The chief administrative officer of the division shall be a director appointed by the
executive director in consultation with the board and the advisory board.
(2) The director shall be a person experienced in administration and knowledgeable
about the arts and museums.
(3) In addition to the division, the director is the chief administrative officer for:
(a) the Board of Directors of the Utah Arts Council created in Section 
9-6-204
;
(b) the Utah Arts Council created in Section 
9-6-301
;
(c) the Office of Museum Services created in Section 
9-6-602
; 
and
(d) the Museum Services Advisory Board created in Section 
9-6-604
[
; and
]
.
[
(e) the Arts and Culture Business Alliance created in Section 
9-6-803
.
]
Section 8. Section 
9-6-305
 is amended to read:
9-6-305.
Art collection committee.
(1) [
(a)
] The board shall appoint a committee of artists or judges of art to take charge
of [
all works of art acquired under this chapter
] 
the Utah Alice Merrill Horne Art Collection
.
[
(b) This collection shall be known as the State of Utah Alice Merrill Horne Art
Collection.
]
(2) (a) Except as required by Subsection (2)(b), as terms of current committee members
expire, the board shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (2)(a), the board shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the board is appointed every
two years.
(3) When a vacancy occurs in the membership, the replacement shall be appointed for
the unexpired term.
(4) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 9. Section 
9-6-306
 is amended to read:
9-6-306.
Collection.
(1) 
(a) There is created the State of Utah Alice Merrill Horne Art Collection.
(b)
 All works of art acquired under this part [
shall become
] 
are
 part of the [
State of
Utah Alice Merrill Horne Art Collection
] 
art collection
.
(2) The art collection shall be held as the property of the state, under control of the
division, and may be loaned in whole or in part for exhibition purposes to different parts of the
state according to rules prescribed by the board.
(3) The division shall take every precaution to avoid damage or destruction to the
property of the institute and the art works submitted by exhibitors and shall procure ample
insurance on them.
(4) All art works shipped to and from the place of exhibition shall be packed by an
expert packer.
Section 10. Section 
9-6-806
 is amended to read:
9-6-806.
Arts and Culture Business Alliance Account -- Funding -- Rulemaking.
(1) As used in this section:
(a) "Account" means the Arts and Culture Business Alliance Account created in this
section.
(b) (i) "Arts" means the various branches of creative human activity.
(ii) "Arts" includes visual arts, film, performing arts, sculpture, literature, music,
theater, dance, digital arts, video-game arts, and cultural vitality.
(c) "Development of the arts" means:
(i) constructing, expanding, or repairing facilities that house arts presentations;
(ii) providing for public information, preservation, or access to the arts; or
(iii) supporting the professional development of artists within the state.
[
(1)
] 
(2)
 There is created within the General Fund a restricted account known as the
Arts and Culture Business Alliance Account.
[
(2)
] 
(3)
 The account shall be administered by the division for the purposes listed in
Subsection [
(5)
] 
(6)
.
[
(3)
] 
(4)
 (a) The account shall earn interest.
(b) All interest earned on account money shall be deposited into the account.
[
(4)
] 
(5)
 The account shall be funded by:
(a) appropriations made to the account by the Legislature; and
(b) private donations and grants.
[
(5)
] 
(6)
 Subject to appropriation, the director shall use account funds to pay for:
(a) the statewide advancement and development of the arts [
in accordance with the
recommendation of the alliance
]; and
(b) actual administrative costs associated with administering this [
part
] 
section
.
[
(6)
] 
(7)
 The division shall submit an annual written report to the department that gives
a complete accounting of the use of money from the account for inclusion in the annual report
described in Section 
9-1-208
.
(8) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules establishing processes to:
(a) accept and consider applications for projects for the development of the arts; and
(b) distribute account money under this section.
Section 11. Section 
9-7-302
 is amended to read:
9-7-302.
Public access.
[
(1)
] The public shall have access to the State Law Library.
[
(2) The board of control may make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, and not inconsistent with the provisions of this part.
]
Section 12. Section 
9-8-305
 is amended to read:
9-8-305.
Permit required to survey or excavate on state lands -- Public Lands
Policy Coordinating Office to issue permits and make rules -- Ownership of collections
and resources -- Revocation or suspension of permits -- Criminal penalties.
(1) (a) Except as provided by Subsections (1)(d) and (3)(c), each principal investigator
who wishes to survey or excavate on any lands owned or controlled by the state, its political
subdivisions, or by the School and Institutional Trust Lands Administration shall obtain a
survey or excavation permit from the Public Lands Policy Coordinating Office.
(b) A principal investigator who holds a valid permit under this section may allow
other individuals to assist the principal investigator in a survey or excavation if the principal
investigator ensures that all the individuals comply with the law, the rules, the permit, and the
appropriate professional standards.
(c) A person, other than a principal investigator, may not survey or excavate on any
lands owned or controlled by the state, its political subdivisions, or by the School and
Institutional Trust Lands Administration unless the person works under the direction of a
principal investigator who holds a valid permit.
(d) A permit obtained before July 1, 2006 shall continue until the permit terminates on
its own terms.
(2) (a) To obtain a survey permit, a principal investigator shall:
(i) submit a permit application on a form furnished by the Public Lands Policy
Coordinating Office;
(ii) except as provided in Subsection (2)(b), possess a graduate degree in anthropology,
archaeology, or history;
(iii) have one year of full-time professional experience or equivalent specialized
training in archaeological research, administration, or management; and
(iv) have one year of supervised field and analytical experience in Utah prehistoric or
historic archaeology.
(b) In lieu of the graduate degree required by Subsection (2)(a)(ii), a principal
investigator may submit evidence of training and experience equivalent to a graduate degree.
(c) Unless the permit is revoked or suspended, a survey permit is valid for the time
period specified in the permit by the Public Lands Policy Coordinating Office, which may not
exceed three years.
(3) (a) Except as provided by Subsection (3)(c), to obtain an excavation permit, a
principal investigator shall, in addition to complying with Subsection (2)(a), submit:
(i) a research design to the Public Lands Policy Coordinating Office and the Antiquities
Section that:
(A) states the questions to be addressed;
(B) states the reasons for conducting the work;
(C) defines the methods to be used;
(D) describes the analysis to be performed;
(E) outlines the expected results and the plan for reporting;
(F) evaluates expected contributions of the proposed work to archaeological or
anthropological science; and
(G) estimates the cost and the time of the work that the principal investigator believes
is necessary to provide the maximum amount of historic, scientific, archaeological,
anthropological, and educational information; and
(ii) proof of permission from the landowner to enter the property for the purposes of
the permit.
(b) An excavation permit is valid for the amount of time specified in the permit, unless
the permit is revoked according to Subsection (9).
(c) The Public Lands Policy Coordinating Office may delegate to an agency the
authority to issue excavation permits if the agency:
(i) requests the delegation; and
(ii) employs or has a long-term contract with a principal investigator with a valid
survey permit.
(d) The Public Lands Policy Coordinating Office shall conduct an independent review
of the delegation authorized by Subsection (3)(c) every three years and may revoke the
delegation at any time without cause.
(4) The Public Lands Policy Coordinating Office shall:
(a) grant a survey permit to a principal investigator who meets the requirements of this
section; 
and
(b) grant an excavation permit to a principal investigator after approving, in
consultation with the Antiquities Section, the research design for the project[
; and
]
.
[
(c) assemble a committee of qualified individuals to advise the Public Lands Policy
Coordinating Office in its duties under this section.
]
(5) By following the procedures and requirements of Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the Public Lands Policy Coordinating Office shall, after
consulting with the Antiquities Section, make rules to:
(a) establish survey methodology;
(b) standardize report and data preparation and submission;
(c) require other permit application information that the Public Lands Policy
Coordinating Office finds necessary, including proof of consultation with the appropriate
Native American tribe;
(d) establish what training and experience is equivalent to a graduate degree;
(e) establish requirements for a person authorized by Subsection (1)(b) to assist the
principal investigator;
(f) establish requirements for a principal investigator's employer, if applicable; and
(g) establish criteria that, if met, would allow the Public Lands Policy Coordinating
Office to reinstate a suspended permit.
(6) Each principal investigator shall submit a summary report of the work for each
project to the Antiquities Section in a form prescribed by a rule established under Subsection
(5)(b), which shall include copies of all:
(a) site forms;
(b) data;
(c) maps;
(d) drawings;
(e) photographs; and
(f) descriptions of specimens.
(7) (a) Except as provided in Subsection (7)(c), a person may not remove from Utah
any specimen, site, or portion of any site from lands owned or controlled by the state or its
political subdivisions, other than school and institutional trust lands, without permission from
the Antiquities Section, and prior consultation with the landowner and any other agencies
managing other interests in the land.
(b) Except as provided in Subsection (7)(c), a person may not remove from Utah any
specimen, site, or portion of any site from school and institutional trust lands without
permission from the School and Institutional Trust Lands Administration, granted after
consultation with the Antiquities Section.
(c) If a specimen, site, or portion of a site is placed in a repository or curation facility, a
person may remove it by following the procedures established by the repository or curation
facility.
(8) (a) Collections recovered from school and institutional trust lands are owned by the
respective trust.
(b) Collections recovered from lands owned or controlled by the state or its
subdivisions, other than school and institutional trust lands, are owned by the state.
(c) Within a reasonable time after the completion of fieldwork, each permit holder
shall deposit all collections at the museum, a curation facility, or a repository.
(d) The repository or curation facility for collections from lands owned or controlled by
the state or its subdivisions shall be designated according to the rules made under the authority
of Section 
53B-17-603
.
(9) (a) Upon complaint by an agency, the Public Lands Policy Coordinating Office
shall investigate a principal investigator and the work conducted under a permit.
(b) By following the procedures and requirements of Title 63G, Chapter 4,
Administrative Procedures Act, the Public Lands Policy Coordinating Office may revoke or
suspend a permit if the principal investigator fails to conduct a survey or excavation according
to law, the rules enacted by the Public Lands Policy Coordinating Office, or permit provisions.
(10) (a) Any person violating this section is guilty of a class B misdemeanor.
(b) A person convicted of violating this section, or found to have violated the rules
authorized by this section, shall, in addition to any other penalties imposed, forfeit all
archaeological resources discovered by or through the person's efforts to the state or the
respective trust.
(11) The division may enter into memoranda of agreement to issue project numbers or
to retain other data for federal lands or Native American lands within the state.
Section 13. Section 
23-14-3
 is amended to read:
23-14-3.
Powers of division to determine facts -- Policymaking powers of Wildlife
Board.
(1) The Division of Wildlife Resources may determine the facts relevant to the wildlife
resources of this state.
(2) (a) Upon a determination of these facts, the Wildlife Board shall establish the
policies best designed to accomplish the purposes and fulfill the intent of all laws pertaining to
wildlife and the preservation, protection, conservation, perpetuation, introduction, and
management of wildlife.
(b) In establishing policy, the Wildlife Board shall:
(i) recognize that wildlife and its habitat are an essential part of a healthy, productive
environment;
(ii) recognize the impact of wildlife on [
man, his
] 
humans, human
 economic activities,
private property rights, and local economies;
(iii) seek to balance the habitat requirements of wildlife with the social and economic
activities of man;
(iv) recognize the social and economic values of wildlife, including fishing, hunting,
and other uses; and
(v) seek to maintain wildlife on a sustainable basis.
(c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
councils established in Section 
23-14-2.6
 [
and the Private Aquaculture Advisory Council
established in Section 
23-14-2.8
].
(ii) If a regional advisory council [
or the Private Aquaculture Advisory Council
]
recommends a position or action to the Wildlife Board, and the Wildlife Board rejects the
recommendation, the Wildlife Board shall provide a written explanation to the advisory council
recommending the opposing position.
(3) No authority conferred upon the Wildlife Board by this title shall supersede the
administrative authority of the executive director of the Department of Natural Resources or
the director of the Division of Wildlife Resources.
Section 14. Section 
26-21-3
 is amended to read:
26-21-3.
Health Facility Committee -- Members -- Terms -- Organization --
Meetings.
(1) 
(a)
 The Health Facility Committee created by Section 
26-1-7
 consists of [
] 
members appointed by the governor [
with the consent of the Senate
] 
in consultation with the
executive director
.
(b)
 The appointed members shall be knowledgeable about health care facilities and
issues.
(2)
 The membership of the committee is:
(a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
who is a graduate of a regularly chartered medical school;
(b) one hospital administrator;
(c) one hospital trustee;
(d) one representative of a freestanding ambulatory surgical facility;
(e) one representative of an ambulatory surgical facility that is affiliated with a
hospital;
(f) [
two representatives
] 
one representative
 of the nursing care facility industry;
(g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
Practice Act;
[
(h) one professional in the field of intellectual disabilities not affiliated with a nursing
care facility;
]
[
(i)
] 
(h)
 one licensed architect or engineer with expertise in health care facilities;
[
(j)
] 
(i)
 [
two representatives
] 
one representative
 of assisted living facilities licensed
under this chapter;
[
(k)
] 
(j)
 two consumers, one of whom has an interest in or expertise in geriatric care;
and
[
(l)
] 
(k)
 one representative from either a home health care provider or a hospice
provider.
[
(2)
] 
(3)
 (a) Except as required by Subsection [
(2)
] 
(3)
(b), members shall be appointed
for a term of four years.
(b) Notwithstanding the requirements of Subsection [
(2)
] 
(3)
(a), the governor shall, at
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed
every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the governor, giving consideration to recommendations
made by the committee, with the consent of the Senate.
(d) A member may not serve more than two consecutive full terms or 10 consecutive
years, whichever is less. However, a member may continue to serve as a member until [
he
] 
the
member
 is replaced.
(e) The committee shall annually elect from its membership a chair and vice chair.
(f) The committee shall meet at least quarterly, or more frequently as determined by the
chair or five members of the committee.
(g) [
Eight
] 
Six
 members constitute a quorum. A vote of the majority of the members
present constitutes action of the committee.
Section 15. Section 
26-39-200
 is amended to read:
26-39-200.
Child Care Center Licensing Committee.
(1) (a) The Child Care Center Licensing Committee created in Section 
26-1-7
 shall be
comprised of seven members appointed by the governor and approved by the Senate in
accordance with this subsection.
(b) The governor shall appoint three members who:
(i) have at least five years of experience as an owner in or director of a for profit or
not-for-profit center based child care; and
(ii) hold an active license as a child care center from the department to provide center
based child care.
(c) (i) The governor shall appoint one member to represent each of the following:
(A) a parent with a child in center based child care;
(B) a child development expert from the state system of higher education;
(C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and
(D) an architect licensed in the state.
(ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under
Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.
(d) At least one member described in Subsection (1)(b) shall at the time of appointment
reside in a county that is not a county of the first class.
(e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint
a health care professional who specializes in pediatric health if:
(i) the health care professional is licensed under:
(A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
practitioner; or
(B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
(ii) before appointing a health care professional under this Subsection (1)(e), the
governor:
(A) sends a notice to a professional physician organization in the state regarding the
opening for the appointment described in Subsection (1)(c)(i)(C); and
(B) receives no applications from a pediatrician who is licensed in the state for the
appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the
governor sends the notice described in Subsection (1)(e)(ii)(A).
(2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
governor shall appoint each new member or reappointed member to a four-year term ending
June 30.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
members are staggered so that approximately half of the licensing committee is appointed
every two years.
(c) Upon the expiration of the term of a member of the licensing committee, the
member shall continue to hold office until a successor is appointed and qualified.
(d) A member may not serve more than two consecutive terms.
(e) Members of the licensing committee shall annually select one member to serve as
chair who shall establish the agenda for licensing committee meetings.
(3) When a vacancy occurs in the membership for any reason, the governor, with the
consent of the Senate, shall appoint a replacement for the unexpired term.
(4) (a) The licensing committee shall meet at least every two months.
(b) The director may call additional meetings:
(i) at the director's discretion;
(ii) upon the request of the chair; or
(iii) upon the written request of three or more members.
(5) Three members of the licensing committee constitute a quorum for the transaction
of business.
(6) A member of the licensing committee may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
Section 16. Section 
26-39-201
 is amended to read:
26-39-201.
Residential Child Care Licensing Advisory Committee.
(1) (a) The Residential Child Care Licensing Advisory Committee created in Section
26-1-7
 shall advise the department on rules made by the department under this chapter for
residential child care.
(b) The advisory committee shall be composed of the following nine members who
shall be appointed by the executive director:
(i) two child care consumers;
(ii) three licensed residential child care providers;
(iii) one certified residential child care provider;
(iv) one individual with expertise in early childhood development; and
(v) two health care providers.
(2) (a) Members of the advisory committee shall be appointed for four-year terms,
except for those members who have been appointed to complete an unexpired term.
(b) Appointments and reappointments may be staggered so that 1/4 of the advisory
committee changes each year.
(c) The advisory committee shall annually elect a [
chairman
] 
chair
 from its
membership.
(3) The advisory committee shall meet at least quarterly, or more frequently as
determined by the executive director, the [
chairman
] 
chair
, or three or more members of the
committee.
(4) Five members constitute a quorum and a vote of the majority of the members
present constitutes an action of the advisory committee.
(5) A member of the advisory committee may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
Section 17. Section 
36-12-22
 is amended to read:
36-12-22.
Reports from legislative boards -- Annual reports -- Preparation of
legislation.
(1) As used in this section:
(a) "Legislative board [
or commission
]" means a board, commission, council,
committee, working group, task force, study group, advisory group, or other body 
created in
statute or by legislative rule
:
(i) with a defined, limited membership;
[
(ii) that has a member who is required to be:
]
[
(A) a member of the Legislature; or
]
[
(B) appointed by a member of the Legislature; and
]
[
(iii)
] 
(ii)
 that has operated or is intended to operate for more than six months[
.
]
; and
(iii) (A) that has exclusive or majority legislative membership; or
(B) that receives staff support from a legislative staff office.
(b) "Legislative board [
or commission
]" does not include:
(i) a standing, ethics, interim, appropriations, confirmation, or rules committee of the
Legislature;
(ii) the Legislative Management Committee or a subcommittee of the Legislative
Management Committee; or
(iii) an organization that is prohibited from having a member that is a member of the
Legislature.
(2) (a) [
Before September 1 of each year
] 
Before August 1, once every five years,
beginning in calendar year 2024
, each legislative board [
or commission
] shall prepare and
submit to the Office of Legislative Research and General Counsel [
an annual
] 
a
 report that
includes:
(i) the name of the legislative board [
or commission
];
(ii) a description of the legislative board's [
or commission's
] official function and
purpose;
[
(iii) the total number of members of the legislative board or commission;
]
[
(iv) the number of the legislative board's or commission's members who are
legislators;
]
[
(v) the compensation, if any, paid to the members of the legislative board or
commission;
]
[
(vi)
] 
(iii)
 a description of [
the actual work performed
] 
actions taken
 by the legislative
board [
or commission since the last report the legislative board or commission submitted to the
Office of Legislative Research and General Counsel under this section;
] 
in the five previous
fiscal years;
[
(vii) a description of actions taken by the legislative board or commission since the
last report the legislative board or commission submitted to the Office of Legislative Research
and General Counsel under this section;
]
[
(viii)
] 
(iv)
 recommendations on whether any statutory, rule, or other changes are
needed to make the legislative board [
or commission
] more effective; and
[
(ix)
] 
(v)
 [
an indication of
] 
a recommendation regarding
 whether the legislative board
[
or commission
] should continue to exist.
(b) The Office of Legislative Research and General Counsel shall compile and post
[
the reports
] 
each report
 described in Subsection (2)(a) to the Legislature's website before
[
October
] 
September
of [
each year
] 
a calendar year in which the Office of Legislative
Research and General Counsel receives a report described in Subsection (2)(a)
.
[
(3) (a) The Office of Legislative Research and General Counsel shall prepare an
annual report by October 1 of each year that includes, as of September 1 of that year:
]
(3) (a) Before September 1 of a calendar year in which the Office of Legislative
Research and General Counsel receives a report described in Subsection (2)(a), the Office of
Legislative Research and General Counsel shall prepare a report that includes, as of July 1 of
that year:
(i) the total number of legislative boards [
and commissions
] that exist [
in the state
];
and
(ii) a summary of the reports submitted to the Office of Legislative Research and
General Counsel under Subsection (2), including:
(A) a list of each legislative board [
or commission
] that submitted a report under
Subsection (2);
(B) a list of each legislative board [
or commission
] that did not submit a report under
Subsection (2);
(C) an indication of any recommendations made under Subsection (2)(a)[
(viii)
]
(iv)
;
and
(D) a list of any legislative boards [
or commissions
] that indicated under Subsection
(2)(a)[
(ix)
]
(v)
 that the legislative board [
or commission
] should no longer exist.
(b) The Office of Legislative Research and General Counsel shall:
[
(i) distribute copies of the report described in Subsection (3)(a) to:
]
(i) in accordance with Section 
68-3-14
, submit the report described in Subsection (3)(a)
to:
(A) the president of the Senate;
(B) the speaker of the House 
of Representatives
; 
and
[
(C) the Legislative Management Committee; and
]
[
(D)
] 
(C)
 the Government Operations Interim Committee; and
(ii) post the report described in Subsection (3)(a) to the Legislature's website.
[
(c) Each year, the
] 
(4) (a) The
 Government Operations Interim Committee [
shall
]
may
 prepare legislation [
making any changes the committee determines are suitable with
respect to the report the committee receives under Subsection (3)(b), including:
] 
to address a
recommendation regarding:
[
(i) repealing a legislative board or commission that is no longer functional or
necessary; and
]
[
(ii) making appropriate changes to make a legislative board or commission more
effective.
]
(i) an executive board, as defined in Section 
67-1-2.5
, included in the report described
in Section 
67-1-2.5
; or
(ii) a legislative board included in the report described in Subsection (3)(a).
(b) If an executive board or a legislative board is assigned to an interim committee for
review under Title 63I, Chapter 1, Legislative Oversight and Sunset Act, the Government
Operations Interim Committee may coordinate with the interim committee to prepare
legislation described in Subsection (4)(a).
Section 18. Section 
36-31-104
 is amended to read:
36-31-104.
Committee duties.
(1) The committee shall:
(a) coordinate efforts to place a statue of Martha Hughes Cannon in the National
Statuary Hall in the United States Capitol to replace the statue of Philo Farnsworth;
(b) ensure that efforts to place the statue of Martha Hughes Cannon conform with the
requirements of 2 U.S.C. Chapter 30, Subchapter V, Part D, Miscellaneous;
(c) represent the state in interactions with the following in relation to the placement of
the statue of Martha Hughes Cannon:
(i) the Joint Committee on the Library of Congress described in 2 U.S.C. Sec. 2132;
(ii) the architect of the capitol described in 2 U.S.C. Sec. 2132; and
(iii) any other federal entity;
(d) select a sculptor for the statue of Martha Hughes Cannon;
(e) ensure that the statue of Martha Hughes Cannon is created in marble or bronze, as
required under 2 U.S.C. Sec. 2131;
(f) approve the final design of the statue of Martha Hughes Cannon;
(g) ensure that the statue of Martha Hughes Cannon is unveiled in the National
Statuary Hall in August of 2020, in commemoration of the month of the 100th anniversary of
the ratification of the Nineteenth Amendment to the United States Constitution; and
(h) determine, in coordination with appropriate community leaders and local elected
officials, an appropriate location for placement of the statue of Philo Farnsworth that is
currently on display in the National Statuary Hall in the United States Capitol.
(2) The committee shall facilitate the creation of a nonprofit entity that is exempt from
federal income tax under Section 501(c), Internal Revenue Code, to:
(a) collect [
charitable
] contributions to cover [
all
] costs associated with:
(i) the creation and placement of the statue of Martha Hughes Cannon in the National
Statuary Hall in the United States Capitol;
(ii) the removal of the statue of Philo Farnsworth that is currently on display in the
National Statuary Hall in the United States Capitol; and
(iii) the placement of the statue described in Subsection (2)(a)(ii) for display in a
location designated by the committee under Subsection (1)(h); 
and
(b) comply with the requirements of 2 U.S.C. Sec. 2132 regarding the cost of replacing
a state's statue in the National Statuary Hall[
; and
]
.
[
(c) ensure that no state funds are used for any cost related to an item described in
Subsection (2)(a).
]
Section 19. Section 
36-32-101
 is enacted to read:
CHAPTER 32. JUDICIAL RULES REVIEW COMMITTEE
Part 1. General Provisions
 36-32-101.
Title.
This chapter is known as "Judicial Rules Review Committee."
Section 20. Section 
36-32-102
 is enacted to read:
 36-32-102.
Definitions.
As used in this chapter:
(1) "Advisory committee" means the committee that proposes to the Supreme Court
rules or changes in rules related to:
(a) civil procedure;
(b) criminal procedure;
(c) juvenile procedure;
(d) appellate procedure;
(e) evidence; and
(f) professional conduct.
(2) "Committee" means the Judicial Rules Review Committee created in Section
36-31-201
.
(3) "Court rule" means any of the following:
(a) rules of procedure, evidence, or practice for use of the courts of this state;
(b) rules governing and managing the appellate process adopted by the Supreme Court;
or
(c) rules adopted by the Judicial Council for the administration of the courts of the
state.
(4) "Judicial Council" means the administrative body of the courts, established in Utah
Constitution, Article VIII, Sec. 12, and Section 
78A-2-104
.
(5) "Proposal for court rule" means the proposed language in a court rule that is
submitted to:
(a) the Judicial Council;
(b) the advisory committee; or
(c) the Supreme Court.
Section 21. Section 
36-32-201
 is enacted to read:
Part 2. Judicial Rules Review Committee
 36-32-201.
Establishment of committee -- Membership -- Duties.
(1) There is created a six member Judicial Rules Review Committee.
(2) (a) The committee is comprised of:
(i) three members of the Senate, no more than two from the same political party,
appointed by the president of the Senate; and
(ii) three members of the House of Representatives, no more than two from the same
political party, appointed by the speaker of the House of Representatives.
(b) A member shall serve for a two-year term, or until the member's successor is
appointed.
(c) (i) A vacancy exists when a member:
(A) is no longer a member of the Legislature; or
(B) resigns from the committee.
(ii) The appointing authority shall fill a vacancy.
(iii) A member appointed to fill a vacancy shall serve out the unexpired term.
(d) The committee may meet as needed:
(i) to review:
(A) court rules:
(B) proposals for court rules; or
(C) conflicts between court rules or proposals for court rules and statute or the Utah
Constitution; or
(ii) to recommend legislative action related to a review described in Subsection
(2)(d)(i).
Section 22. Section 
36-32-202
 is enacted to read:
 36-32-202.
Submission of court rules or proposals for court rules.
(1) The Supreme Court or the Judicial Council shall submit to the committee and the
governor each court rule, proposal for court rule, and any additional information related to a
court rule or proposal for court rule that the Supreme Court or Judicial Council considers
relevant:
(a) when the court rule or proposal for court rule is submitted:
(i) to the Judicial Council for consideration or approval for public comment; or
(ii) to the Supreme Court by the advisory committee after the advisory committee's
consideration or approval; and
(b) when the approved court rule or approved proposal for court rule is made available
to members of the bar and the public for public comment.
(2) At the time of submission under Subsection (1), the Supreme Court or Judicial
Council shall provide the committee with the name and contact information of a Supreme
Court advisory committee or Judicial Council employee whom the committee may contact
about the submission.
Section 23. Section 
36-32-203
 is enacted to read:
 36-32-203.
Review of rules -- Criteria.
(1) As used in this section, "court rule" means a new court rule, a proposal for court
rule, or an existing court rule.
(2) The committee:
(a) shall review and evaluate a submission of:
(i) a court rule; or
(ii) a proposal for court rule; and
(b) may review an existing court rule.
(3) The committee shall conduct a review of a court rule described in Subsection (2)
based on the following criteria:
(a) whether the court rule is authorized by the state constitution or by statute;
(b) if authorized by statute, whether the court rule complies with legislative intent;
(c) whether the court rule is in conflict with existing statute or governs a policy
expressed in statute;
(d) whether the court rule is primarily substantive or procedural in nature;
(e) whether the court rule infringes on the powers of the executive or legislative branch
of government;
(f) the impact of the court rule on an affected person;
(g) the purpose for the court rule, and if applicable, the reason for a change to an
existing court rule;
(h) the anticipated cost or savings due to the court rule to:
(i) the state budget;
(ii) local governments; and
(iii) individuals; and
(i) the cost to an affected person of complying with the court rule.
Section 24. Section 
36-32-204
 is enacted to read:
 36-32-204.
Committee review -- Fiscal analyst -- Powers of committee.
(1) To carry out the committee's duties, the committee may examine issues that the
committee considers necessary in addition to the issues described in this chapter.
(2) The committee may request that the Office of the Legislative Fiscal Analyst prepare
a fiscal note on any court rule or proposal for court rule.
(3) The committee has the powers granted to a legislative interim committee described
in Section 
36-12-11
.
Section 25. Section 
36-32-205
 is enacted to read:
 36-32-205.
Findings -- Report -- Distribution of report.
(1) The committee may:
(a) make an informal recommendation about a court rule or proposal for court rule; or
(b) provide written findings of the committee's review of a court rule or proposal for
court rule; and
(c) if the committee identifies significant issues, provide written recommendations for:
(i) legislative action;
(ii) Supreme Court rulemaking action; or
(iii) Judicial Council rulemaking action.
(2) The committee shall provide to the Supreme Court or the Judicial Council:
(a) a copy of the committee's findings or recommendations described in Subsection (1);
and
(b) a request that the Supreme Court or Judicial Council notify the committee of the
Supreme Court or Judicial Council's response.
(3) The committee may prepare a report that includes:
(a) the findings and recommendations made by the committee based on the criteria
described in Section 
36-32-203
;
(b) any action taken by the Supreme Court or Judicial Council in response to
recommendations from the committee; and
(c) any recommendations described in Subsection (1).
(4) The committee shall provide a report described in Subsection (3) to:
(a) the speaker of the House of Representatives;
(b) the president of the Senate;
(c) the chair of the House Judiciary Standing Committee;
(d) the chair of the Senate Judiciary, Law Enforcement, and Criminal Justice Standing
Committee;
(e) the Judiciary Interim Committee;
(f) the governor;
(g) the Executive Offices and Criminal Justice Appropriations Subcommittee;
(h) the Judicial Council; and
(i) the Supreme Court.
Section 26. Section 
36-32-206
 is enacted to read:
 36-32-206.
Court rules or proposals for court rules -- Publication in bulletin.
When the Supreme Court or Judicial Council submits a court rule or proposal for court
rule for public comment, the Supreme Court or Judicial Council shall submit the court rule or
proposal for court rule to publication houses that publish court rules, proposals to court rules,
case law, or other relevant information for individuals engaged in the legal profession.
Section 27. Section 
36-32-207
 is enacted to read:
 36-32-207.
Duties of staff.
The Office of Legislative Research and General Counsel shall, when practicable, attend
meetings of the advisory committees of the Supreme Court.
Section 28. Section 
38-11-102
 is amended to read:
38-11-102.
Definitions.
[
(1) "Board" means the Residence Lien Recovery Fund Advisory Board established
under Section 
38-11-104
.
]
[
(2)
] 
(1)
 "Certificate of compliance" means an order issued by the director to the owner
finding that the owner is in compliance with the requirements of Subsections 
38-11-204
(4)(a)
and (4)(b) and is entitled to protection under Section 
38-11-107
.
[
(3)
] 
(2)
 "Construction on an owner-occupied residence" means designing, engineering,
constructing, altering, remodeling, improving, repairing, or maintaining a new or existing
residence.
[
(4)
] 
(3)
 "Department" means the Department of Commerce.
[
(5)
] 
(4)
 "Director" means the director of the Division of Occupational and
Professional Licensing.
[
(6)
] 
(5)
 "Division" means the Division of Occupational and Professional Licensing.
[
(7)
] 
(6)
 "Duplex" means a single building having two separate living units.
[
(8)
] 
(7)
 "Encumbered fund balance" means the aggregate amount of outstanding
claims against the fund. The remainder of the money in the fund is unencumbered funds.
[
(9)
] 
(8)
 "Executive director" means the executive director of the Department of
Commerce.
[
(10)
] 
(9)
 "Factory built housing" is as defined in Section 
15A-1-302
.
[
(11)
] 
(10)
 "Factory built housing retailer" means a person that sells factory built
housing to consumers.
[
(12)
] 
(11)
 "Fund" means the Residence Lien Recovery Fund established under Section
38-11-201
.
[
(13)
] 
(12)
 "Laborer" means a person who provides services at the site of the
construction on an owner-occupied residence as an employee of an original contractor or other
qualified beneficiary performing qualified services on the residence.
[
(14)
] 
(13)
 "Licensee" means any holder of a license issued under Title 58, Chapter 3a,
Architects Licensing Act; Chapter 22, Professional Engineers and Professional Land Surveyors
Licensing Act; Chapter 53, Landscape Architects Licensing Act; and Chapter 55, Utah
Construction Trades Licensing Act.
[
(15)
] 
(14)
 "Nonpaying party" means the original contractor, subcontractor, or real
estate developer who has failed to pay the qualified beneficiary making a claim against the
fund.
[
(16)
] 
(15)
 "Original contractor" means a person who contracts with the owner of real
property or the owner's agent to provide services, labor, or material for the construction of an
owner-occupied residence.
[
(17)
] 
(16)
 "Owner" means a person who:
(a) contracts with a person who is licensed as a contractor or is exempt from licensure
under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction on an
owner-occupied residence upon real property that the person:
(i) owns; or
(ii) purchases after the person enters into a contract described in this Subsection [
(17)
]
(16)
(a) and before completion of the owner-occupied residence;
(b) contracts with a real estate developer to buy a residence upon completion of the
construction on the owner-occupied residence; or
(c) purchases a residence from a real estate developer after completion of the
construction on the owner-occupied residence.
[
(18)
] 
(17)
 "Owner-occupied residence" means a residence that is, or after completion
of the construction on the residence will be, occupied by the owner or the owner's tenant or
lessee as a primary or secondary residence within 180 days after the day on which the
construction on the residence is complete.
[
(19)
] 
(18)
 "Qualified beneficiary" means a person who:
(a) provides qualified services;
(b) pays necessary fees required under this chapter; and
(c) registers with the division:
(i) as a licensed contractor under Subsection 
38-11-301
(1) or (2), if that person seeks
recovery from the fund as a licensed contractor; or
(ii) as a person providing qualified services other than as a licensed contractor under
Subsection 
38-11-301
(3) if the person seeks recovery from the fund in a capacity other than as
a licensed contractor.
[
(20)
] 
(19)
 (a) "Qualified services" means the following performed in construction on
an owner-occupied residence:
(i) contractor services provided by a contractor licensed or exempt from licensure
under Title 58, Chapter 55, Utah Construction Trades Licensing Act;
(ii) architectural services provided by an architect licensed under Title 58, Chapter 3a,
Architects Licensing Act;
(iii) engineering and land surveying services provided by a professional engineer or
land surveyor licensed or exempt from licensure under Title 58, Chapter 22, Professional
Engineers and Professional Land Surveyors Licensing Act;
(iv) landscape architectural services by a landscape architect licensed or exempt from
licensure under Title 58, Chapter 53, Landscape Architects Licensing Act;
(v) design and specification services of mechanical or other systems;
(vi) other services related to the design, drawing, surveying, specification, cost
estimation, or other like professional services;
(vii) providing materials, supplies, components, or similar products;
(viii) renting equipment or materials;
(ix) labor at the site of the construction on the owner-occupied residence; and
(x) site preparation, set up, and installation of factory built housing.
(b) "Qualified services" does not include the construction of factory built housing in
the factory.
[
(21)
] 
(20)
 "Real estate developer" means a person having an ownership interest in real
property who:
(a) contracts with a person who is licensed as a contractor or is exempt from licensure
under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction of a
residence that is offered for sale to the public; or
(b) is a licensed contractor under Title 58, Chapter 55, Utah Construction Trades
Licensing Act, who engages in the construction of a residence that is offered for sale to the
public.
[
(22)
] 
(21)
 (a) "Residence" means an improvement to real property used or occupied,
to be used or occupied as, or in conjunction with:
(i) a primary or secondary detached single-family dwelling; or
(ii) a multifamily dwelling up to and including duplexes.
(b) "Residence" includes factory built housing.
[
(23)
] 
(22)
 "Subsequent owner" means a person who purchases a residence from an
owner within 180 days after the day on which the construction on the residence is completed.
Section 29. Section 
38-11-201
 is amended to read:
38-11-201.
Residence Lien Recovery Fund.
(1) There is created an expendable special revenue fund called the "Residence Lien
Recovery Fund."
(2) The fund shall earn interest.
(3) The division shall employ personnel and resources necessary to administer the fund
and shall use fund money in accordance with Sections 
38-11-203
 and 
38-11-204
 and to pay the
costs charged to the fund by the attorney general.
(4) Costs incurred by the division, on or after May 8, 2018, for administering the fund
may be paid out of fund money in an amount that may be no more than a total of $300,000 for
the remaining existence of the fund.
(5) (a) The Division of Finance shall report annually to the Legislature[
,
] 
and
 the
division[
, and the board
].
(b) The report shall state:
(i) amounts received by the fund;
(ii) disbursements from the fund;
(iii) interest earned and credited to the fund; and
(iv) the fund balance.
Section 30. Section 
53F-9-203
 is amended to read:
53F-9-203.
Charter School Revolving Account.
(1) (a) The terms defined in Section 
53G-5-102
 apply to this section.
(b) As used in this section, "account" means the Charter School Revolving Account.
(2) (a) There is created within the Uniform School Fund a restricted account known as
the "Charter School Revolving Account" to provide assistance to charter schools to:
(i) meet school building construction and renovation needs; and
(ii) pay for expenses related to the start up of a new charter school or the expansion of
an existing charter school.
(b) The state board, in consultation with the State Charter School Board, shall
administer the Charter School Revolving Account in accordance with rules adopted by the state
board.
(3) The Charter School Revolving Account shall consist of:
(a) money appropriated to the account by the Legislature;
(b) money received from the repayment of loans made from the account; and
(c) interest earned on money in the account.
(4) The state superintendent shall make loans to charter schools from the account to
pay for the costs of:
(a) planning expenses;
(b) constructing or renovating charter school buildings;
(c) equipment and supplies; or
(d) other start-up or expansion expenses.
(5) Loans to new charter schools or charter schools with urgent facility needs may be
given priority.
(6) [
(a)
] The state board shall [
establish a committee to
]:
[
(i)
] 
(a) except as provided in Subsection (7)(a),
 review requests by charter schools for
loans under this section; and
[
(ii) make recommendations regarding approval or disapproval of the loan applications
to the State Charter School Board and the state board.
]
(b) in consultation with the State Charter School Board, approve or reject each request.
(7) (a) The state board may establish a committee to:
(i) review requests under Subsection (6)(a); and
(ii) make recommendations to the state board and the State Charter School Board
regarding the approval or rejection of a request.
(b) (i) A committee established under Subsection [
(6)
] 
(7)
(a) shall include individuals
who have expertise or experience in finance, real estate, or charter school administration.
(ii) Of the members appointed to a committee established under Subsection [
(6)
]
(7)
(a):
(A) one member shall be nominated by the governor; and
(B) the remaining members shall be selected from a list of nominees submitted by the
State Charter School Board.
(c) If the committee recommends approval of a loan application under Subsection [
(6)
]
(7)
(a)(ii), the committee's recommendation shall include:
(i) the recommended amount of the loan;
(ii) the payback schedule; and
(iii) the interest rate to be charged.
(d) A committee member may not:
(i) be a relative, as defined in Section 
53G-5-409
, of a loan applicant; or
(ii) have a pecuniary interest, directly or indirectly, with a loan applicant or any person
or entity that contracts with a loan applicant.
[
(7)
] 
(8)
 A loan under this section may not be made unless the state board, in
consultation with the State Charter School Board, approves the loan.
[
(8)
] 
(9)
 The term of a loan to a charter school under this section may not exceed five
years.
[
(9)
] 
(10)
 The state board may not approve loans to charter schools under this section
that exceed a total of $2,000,000 in any fiscal year.
[
(10)
] 
(11)
 (a) On March 16, 2011, the assets of the Charter School Building
Subaccount administered by the state board shall be deposited into the Charter School
Revolving Account.
(b) Beginning on March 16, 2011, loan payments for loans made from the Charter
School Building Subaccount shall be deposited into the Charter School Revolving Account.
Section 31. Section 
54-10a-202
 is amended to read:
54-10a-202.
Committee of Consumer Services.
(1) (a) There is created within the office a committee known as the "Committee of
Consumer Services."
(b) A member of the committee shall maintain the member's principal residence within
Utah.
(2) (a) The governor shall appoint [
nine
] 
five
 members to the committee subject to
Subsection (3).
(b) Except as required by Subsection (2)(c), as terms of current committee members
expire, the governor shall appoint a new member or reappointed member to a four-year term.
(c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed
every two years.
(d) When a vacancy occurs in the membership for any reason, the governor shall
appoint a replacement for the unexpired term.
(3) Members of the committee shall represent the following [
geographic and
]
consumer interests:
[
(a) one member shall be from Salt Lake City, Provo, or Ogden;
]
[
(b) one member shall be from a city other than Salt Lake City, Provo, or Ogden;
]
[
(c) one member shall be from an unincorporated area of the state;
]
[
(d)
] 
(a)
 one member shall be [
a low-income resident
] 
an individual with experience
and understanding of issues affecting low-income residents
;
[
(e)
] 
(b)
 one member shall be a retired person;
[
(f)
] 
(c)
 one member shall be [
a small commercial consumer
] 
an individual with
experience and understanding of issues affecting small commercial consumers
;
[
(g)
] 
(d)
 one member shall be a farmer or rancher who uses electric power to pump
water in the member's farming or ranching operation; 
and
[
(h)
] 
(e)
 one member shall be a residential consumer[
; and
]
.
[
(i) one member shall be appointed to provide geographic diversity on the committee to
ensure to the extent possible that all areas of the state are represented.
]
(4) (a) No more than [
five
] 
three
 members of the committee [
shall
] 
may
 be from the
same political party.
(b) Subject to Subsection (3), for a member of the committee appointed on or after
May 12, 2009, the governor shall appoint, to the extent possible, an individual with expertise or
experience in:
(i) public utility matters related to consumers;
(ii) economics;
(iii) accounting;
(iv) financing;
(v) engineering; or
(vi) public utilities law.
(5) The governor shall designate one member as chair of the committee.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) (a) The committee may hold monthly meetings.
(b) The committee may hold other meetings, at the times and places the chair and a
majority of the committee determine.
(8) (a) [
Five
] 
Three
 members of the committee constitute a quorum of the committee.
(b) A majority of members voting when a quorum is present constitutes an action of
the committee.
Section 32. Section 
58-46a-102
 is amended to read:
58-46a-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
[
(1) "Board" means the Hearing Instrument Specialist Licensing Board created in
Section 
58-46a-201
.
]
[
(2)
] 
(1)
 "Direct supervision" means that the supervising hearing instrument specialist
is present in the same facility as is the person being supervised and is available for immediate
in person consultation.
[
(3)
] 
(2)
 "Hearing instrument" or "hearing aid" means any device designed or offered to
be worn on or by an individual to enhance human hearing, including the device's specialized
parts, attachments, or accessories.
[
(4)
] 
(3)
 "Hearing instrument intern" means a person licensed under this chapter who is
obtaining education and experience in the practice of a hearing instrument specialist under the
supervision of a supervising hearing instrument specialist.
[
(5)
] 
(4)
 "Indirect supervision" means that the supervising hearing instrument specialist
is not required to be present in the same facility as is the person being supervised, but is
available for voice to voice contact by telephone, radio, or other means at the initiation of the
person being supervised.
[
(6)
] 
(5)
 "Practice of a hearing instrument specialist" means:
(a) establishing a place of business to practice as a hearing instrument specialist;
(b) testing the hearing of a human patient over the age of 17 for the sole purpose of
determining whether a hearing loss will be sufficiently improved by the use of a hearing
instrument to justify prescribing and selling the hearing instrument and whether that hearing
instrument will be in the best interest of the patient;
(c) providing the patient a written statement of prognosis regarding the need for or
usefulness of a hearing instrument for the patient's condition;
(d) prescribing an appropriate hearing instrument;
(e) making impressions or earmolds for the fitting of a hearing instrument;
(f) sale and professional placement of the hearing instrument on a patient;
(g) evaluating the hearing loss overcome by the installation of the hearing instrument
and evaluating the hearing recovery against the representations made to the patient by the
hearing instrument specialist;
(h) necessary intervention to produce satisfactory hearing recovery results from a
hearing instrument; or
(i) instructing the patient on the use and care of the hearing instrument.
[
(7)
] 
(6)
 "Supervising hearing instrument specialist" means a hearing instrument
specialist who:
(a) is licensed by and in good standing with the division;
(b) has practiced full-time as a hearing instrument specialist for not less than two years;
and
(c) is approved as a supervisor by the division [
in collaboration with the board
].
[
(8)
] 
(7)
 "Unlawful conduct" means the same as that term is defined in Section
58-1-501
.
[
(9)
] 
(8)
 "Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-46a-501
.
Section 33. Section 
58-46a-302
 is amended to read:
58-46a-302.
Qualifications for licensure.
(1) Each applicant for licensure as a hearing instrument specialist shall:
(a) submit to the division an application in a form prescribed by the division;
(b) pay a fee as determined by the division pursuant to Section 
63J-1-504
;
(c) be of good moral character;
(d) have qualified for and currently hold board certification by the National Board for
Certification - Hearing Instrument Sciences, or an equivalent certification approved by the
division [
in collaboration with the board
];
(e) have passed the Utah Law and Rules Examination for Hearing Instrument
Specialists; and
(f) if the applicant holds a hearing instrument intern license, surrender the hearing
instrument intern license at the time of licensure as a hearing instrument specialist.
(2) Each applicant for licensure as a hearing instrument intern shall:
(a) submit to the division an application in a form prescribed by the division;
(b) pay a fee as determined by the division pursuant to Section 
63J-1-504
;
(c) be of good moral character;
(d) have passed the Utah Law and Rules Examination for Hearing Instrument
Specialists; and
(e) present evidence acceptable to the division [
and the board
] that the applicant, when
licensed, will practice as a hearing instrument intern only under the supervision of a
supervising hearing instrument specialist in accordance with:
(i) Section 
58-46a-302.5
; and
(ii) the supervision requirements for obtaining board certification by the National
Board for Certification - Hearing Instrument Sciences, or an equivalent certification approved
by the division [
in collaboration with the board
].
Section 34. Section 
58-46a-302.5
 is amended to read:
58-46a-302.5.
Supervision requirements -- Hearing instrument interns.
(1) A hearing instrument intern shall practice as a hearing instrument intern only under
the direct supervision of a licensed hearing instrument specialist, until the intern:
(a) receives a passing score on a practical examination demonstrating acceptable skills
in the area of hearing testing as approved by the division [
in collaboration with the board
]; and
(b) completes the National Institute for Hearing instrument studies education and
examination program, or an equivalent college level program as approved by the division [
in
collaboration with the board
].
(2) Upon satisfaction of the direct supervision requirement of Subsection (1) the intern
shall:
(a) practice as a hearing instrument intern only under the indirect supervision of a
licensed hearing instrument specialist; and
(b) receive a passing score on the International Licensing Examination of the hearing
instrument dispenser or other tests approved by the division prior to applying for licensure as a
hearing instrument specialist.
Section 35. Section 
58-46a-303
 is amended to read:
58-46a-303.
Term of license -- Expiration -- Renewal of specialist license --
Limitation on renewal of intern license.
(1) The division shall issue each license for a hearing instrument specialist in
accordance with a two-year renewal cycle established by rule. The division may by rule extend
or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) Each license as a hearing instrument intern shall be issued for a term of three years
and may not be renewed.
(3) At the time of renewal, the licensed hearing instrument specialist shall demonstrate
satisfactory evidence of each of the following:
(a) current certification by the National Board for Certification Hearing Instrument
Sciences, or other acceptable certification approved by the division [
in collaboration with the
board
];
(b) calibration of all appropriate technical instruments used in practice; and
(c) completion of continuing professional education required in Section 
58-46a-304
.
(4) Each license automatically expires on the expiration date shown on the license
unless renewed by the licensee in accordance with the provisions of Section 
58-1-308
, or
unless surrendered in accordance with the provisions of Section 
58-1-306
.
Section 36. Section 
58-46a-501
 is amended to read:
58-46a-501.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) testing the hearing of a patient for any purpose other than to determine whether a
hearing loss will be improved by the use of a hearing instrument;
(2) failing to make an appropriate referral to a qualified health care provider with
respect to a condition detected in a patient examined by a licensee under this chapter if the
condition is generally recognized in the profession as one that should be referred;
(3) designating a hearing instrument for a patient whose hearing will not be sufficiently
improved to justify prescribing and selling of the hearing instrument;
(4) making false, misleading, deceptive, fraudulent, or exaggerated claims with respect
to practice under this chapter and specifically with respect to the benefits of a hearing
instrument or the degree to which a hearing instrument will benefit a patient;
(5) failing to exercise caution in providing a patient a prognosis to assure the patient is
not led to expect results that cannot be accurately predicted;
(6) failing to provide appropriate follow-up care and consultation with respect to a
patient to whom a hearing instrument has been prescribed and sold upon being informed by the
patient that the hearing instrument does not produce the results represented by the licensee;
(7) failing to disclose in writing to the patient the charge for all services and hearing
instruments prescribed and sold to a patient prior to providing the services or hearing
instrument;
(8) failing to refund fees paid by a patient for a hearing instrument and all accessories,
upon a determination by the division [
in collaboration with the board
] that the patient has not
obtained the recovery of hearing represented by the licensee in writing prior to designation and
sale of the hearing instrument;
(9) paying any professional person any consideration of any kind for referral of a
patient;
(10) failing, when acting as a supervising hearing instrument specialist, to provide
supervision and training in hearing instrument sciences in accordance with Section
58-46a-302.5
;
(11) engaging in the practice as a hearing instrument intern when not under the
supervision of a supervising hearing instrument specialist in accordance with Section
58-46a-302.5
;
(12) failing to describe the circuitry in any advertisement, presentation, purchase, or
trial agreement as being either "digital" or "analog"; or other acceptable terms as determined by
the division [
in collaboration with the board
];
(13) failing to follow the guidelines or policies of the United States Federal Trade
Commission in any advertisement;
(14) failing to adhere to the rules and regulations prescribed by the United States Food
and Drug Administration as they pertain to the hearing instrument specialist;
(15) failing to maintain all equipment used in the practice of a hearing instrument
specialist properly calibrated and in good working condition; and
(16) failing to comply with any of the requirements set forth in Section 
58-46a-502
 or
58-46a-503
.
Section 37. Section 
58-46a-502
 is amended to read:
58-46a-502.
Additional requirements for practicing as a hearing instrument
specialist.
A person engaging in the practice of a hearing instrument specialist shall:
(1) have a regular place or places of business from which the person conducts business
as a hearing instrument specialist and the place or places of business shall be represented to a
patient and others with whom business is conducted by the street address at which the place of
business is located;
(2) include in all advertising or other representation the street address at which the
business is located and the telephone number of the business at that street address;
(3) provide as part of each transaction between a licensee and a patient related to
testing for hearing loss and selling of a hearing instrument written documentation provided to
the patient that includes:
(a) identification of all services and products provided to the patient by the hearing
instrument specialist and the charges for each service or product;
(b) a statement whether any hearing instrument provided to a patient is "new," "used,"
or "reconditioned" and the terms and conditions of any warranty or guarantee that applies to
each instrument; and
(c) the identity and license number of each hearing instrument specialist or hearing
instrument intern who provided services or products to the patient;
(4) before providing services or products to a patient:
(a) advise the patient regarding services and products offered to the patient, including
the expected results of the services and products;
(b) inform each patient who is being offered a hearing instrument about hearing
instruments that work with assistive listening systems that are compliant with the ADA
Standards for Accessible Design adopted by the United States Department of Justice in
accordance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.; and
(c) obtain written informed consent from the patient regarding offered services,
products, and the expected results of the services and products in a form approved by the
division [
in collaboration with the board
];
(5) refer all individuals under the age of 18 who seek testing of hearing to a physician
or surgeon, osteopathic physician, physician assistant, or audiologist, licensed under the
provisions of this title, and shall dispense a hearing aid to that individual only on prescription
of a physician or surgeon, osteopathic physician, physician assistant, or audiologist;
(6) obtain the patient's informed consent and agreement to purchase the hearing
instrument based on that informed consent either by the hearing instrument specialist or the
hearing instrument intern, before designating an appropriate hearing instrument; and
(7) if a hearing instrument does not substantially enhance the patient's hearing
consistent with the representations of the hearing instrument specialist at the time informed
consent was given prior to the sale and fitting of the hearing instrument, provide:
(a) necessary intervention to produce satisfactory hearing recovery results consistent
with representations made; or
(b) for the refund of fees paid by the patient for the hearing instrument to the hearing
instrument specialist within a reasonable time after finding that the hearing instrument does not
substantially enhance the patient's hearing.
Section 38. Section 
58-55-201
 is amended to read:
58-55-201.
Boards created -- Duties.
(1) There is created [
a
] 
the
 Plumbers Licensing Board[
, an Alarm System Security and
Licensing Board, and an Electricians Licensing Board. Members of the boards shall be
selected to provide representation as follows: (a) The Plumbers Licensing Board consists
]
consisting
 of five members as follows:
[
(i)
] 
(a)
 two members shall be licensed from among the license classifications of
master or journeyman plumber;
[
(ii)
] 
(b)
 two members shall be licensed plumbing contractors; and
[
(iii)
] 
(c)
 one member shall be from the public at large with no history of involvement
in the construction trades.
[
(b) (i)
] 
(2) (a)
 [
The
] 
There is created the
 Alarm System Security and Licensing Board
[
consists
] 
consisting
 of five members as follows:
[
(A)
] 
(i)
 three individuals who are officers or owners of a licensed alarm business;
[
(B)
] 
(ii)
 one individual from among nominees of the Utah Peace Officers Association;
and
[
(C)
] 
(iii)
 one individual representing the general public.
[
(ii)
] 
(b)
 The Alarm System Security and Licensing Board shall designate one of its
members on a permanent or rotating basis to:
[
(A)
] 
(i)
 assist the division in reviewing complaints concerning the unlawful or
unprofessional conduct of a licensee; and
[
(B)
] 
(ii)
 advise the division in its investigation of these complaints.
[
(iii)
] 
(c)
 A board member who has, under this Subsection [
(1)(b)(iii)
] 
(2)(c)
, reviewed
a complaint or advised in its investigation is disqualified from participating with the board
when the board serves as a presiding officer in an adjudicative proceeding concerning the
complaint.
[
(c)
] 
(3)
 [
The
] 
There is created the
 Electricians Licensing Board [
consists
] 
consisting
of five members as follows:
[
(i)
] 
(a)
 two members shall be licensed from among the license classifications of
master or journeyman electrician, of whom one shall represent a union organization and one
shall be selected having no union affiliation;
[
(ii)
] 
(b)
 two shall be licensed electrical contractors of whom one shall represent a
union organization and one shall be selected having no union affiliation; and
[
(iii)
] 
(c)
 one member shall be from the public at large with no history of involvement
in the construction trades or union affiliation.
[
(2)
] 
(4)
 The duties, functions, and responsibilities of each board 
described in
Subsections (1) through (3)
 include the following:
(a) recommending to the commission appropriate rules;
(b) recommending to the commission policy and budgetary matters;
(c) approving and establishing a passing score for applicant examinations;
(d) overseeing the screening of applicants for licensing, renewal, reinstatement, and
relicensure;
(e) assisting the commission in establishing standards of supervision for students or
persons in training to become qualified to obtain a license in the occupation or profession [
it
]
the board
 represents; and
(f) acting as presiding officer in conducting hearings associated with the adjudicative
proceedings and in issuing recommended orders when so authorized by the commission.
[
(3)
] 
(5)
 The division
,
 in collaboration with the Plumbers Licensing Board and the
Electricians Licensing Board
,
 shall provide a preliminary report on or before October 1, 2019,
and a final written report on or before June 1, 2020, to the Business and Labor Interim
Committee and the Occupational and Professional Licensure Review Committee that provides
recommendations for consistent educational and training standards for plumber and electrician
apprentice programs in the state, including recommendations for education and training
provided by all providers, including institutions of higher education and technical colleges.
Section 39. Section 
58-64-102
 is amended to read:
58-64-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
[
(1) "Board" means the Deception Detection Examiners Board created in Section
58-64-201
.
]
[
(2)
] 
(1)
 "Deception detection examination" means the use of an instrument, or
software application designed for detecting deception, on an individual for the purpose of
detecting whether that individual is engaged in deception.
[
(3)
] 
(2)
 "Deception detection examination administrator" means an individual who
engages in or represents that the individual is engaged in:
(a) conducting or administering a deception detection examination using a software
application designed for detecting deception without intervention from the examination
administrator; or
(b) the interpretation of deception detection examination results derived from a
software application designed for detecting deception.
[
(4)
] 
(3)
 "Deception detection examiner" means an individual who engages in or
represents that the individual is engaged in conducting or performing deception detection
examinations or in the interpretation of deception detection examinations.
[
(5)
] 
(4)
 "Deception detection intern" means an individual who engages in deception
detection examinations under the supervision and control of a deception detection examiner for
the purpose of training and qualification as a deception detection examiner.
[
(6)
] 
(5)
 "Instrument" means a polygraph, voice stress analyzer, ocular-motor test, or
any other device or software application that records the examinee's cardiovascular patterns,
respiratory patterns, galvanic skin response, cognitive response, eye behavior, memory recall,
or other physiologic characteristics of the examinee for the purpose of monitoring factors
relating to whether the examinee is truthful or engaged in deception.
[
(7)
] 
(6)
 "Unlawful conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-64-501
.
[
(8)
] 
(7)
 "Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-64-502
 and as may be further defined by rule.
Section 40. Section 
58-64-302
 is amended to read:
58-64-302.
Qualifications for licensure.
(1) Each applicant for licensure as a deception detection examiner:
(a) shall submit an application in a form prescribed by the division;
(b) shall pay a fee determined by the department under Section 
63J-1-504
;
(c) shall be of good moral character in that the applicant has not been convicted of a
felony, a misdemeanor involving moral turpitude, or any other crime which when considered
with the duties and responsibilities of a deception detection examiner is considered by the
division [
and the board
] to indicate that the best interests of the public will not be served by
granting the applicant a license;
(d) may not have been declared by any court of competent jurisdiction incompetent by
reason of mental defect or disease and not been restored;
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(f) shall have completed one of the following:
(i) have earned a bachelor's degree from a four year university or college meeting
standards established by the division by rule [
in collaboration with the board
];
(ii) have completed not less than 8,000 hours of investigation experience approved by
the division [
in collaboration with the board
]; or
(iii) have completed a combination of university or college education and investigation
experience, as defined by rule by the division [
in collaboration with the board
] as being
equivalent to the requirements under Subsection (1)(f)(i) or (1)(f)(ii);
(g) shall have successfully completed a training program in detection deception
meeting criteria established by rule by the division [
in collaboration with the board
]; and
(h) shall have performed satisfactorily as a licensed deception detection intern for a
period of not less than one year and shall have satisfactorily conducted not less than 100
deception detection examinations under the supervision of a licensed deception detection
examiner.
(2) Each applicant for licensure as a deception detection intern:
(a) shall submit an application in a form prescribed by the division;
(b) shall pay a fee determined by the department under Section 
63J-1-504
;
(c) shall be of good moral character in that the applicant has not been convicted of a
felony, a misdemeanor involving moral turpitude, or any other crime which when considered
with the duties and responsibilities of a deception detection intern is considered by the division
[
and the board
] to indicate that the best interests of the public will not be served by granting the
applicant a license;
(d) may not have been declared by any court of competent jurisdiction incompetent by
reason of mental defect or disease and not been restored;
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(f) shall have completed one of the following:
(i) have earned a bachelor's degree from a four year university or college meeting
standards established by the division by rule [
in collaboration with the board
];
(ii) have completed not less than 8,000 hours of investigation experience approved by
the division [
in collaboration with the board
]; or
(iii) have completed a combination of university or college education and investigation
experience, as defined by rule by the division [
in collaboration with the board
] as being
equivalent to the requirements under Subsection (2)(f)(i) or (2)(f)(ii);
(g) shall have successfully completed a training program in detection deception
meeting criteria established by rule by the division [
in collaboration with the board
]; and
(h) shall provide the division with an intern supervision agreement in a form prescribed
by the division under which:
(i) a licensed deception detection examiner agrees to supervise the intern; and
(ii) the applicant agrees to be supervised by that licensed deception detection examiner.
(3) Each applicant for licensure as a deception detection examination administrator:
(a) shall submit an application in a form prescribed by the division;
(b) shall pay a fee determined by the department under Section 
63J-1-504
;
(c) shall be of good moral character in that the applicant has not been convicted of a
felony, a misdemeanor involving moral turpitude, or any other crime that when considered with
the duties and responsibilities of a deception detection examination administrator is considered
by the division [
and the board
] to indicate that the best interests of the public will not be served
by granting the applicant a license;
(d) may not have been declared by a court of competent jurisdiction incompetent by
reason of mental defect or disease and not been restored;
(e) may not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(f) shall have earned an associate degree from a state-accredited university or college or
have an equivalent number of years' work experience; and
(g) shall have successfully completed a training program and have obtained
certification in deception detection examination administration provided by the manufacturer
of a scientific or technology-based software application solution that is approved by the
director.
(4) To determine if an applicant meets the qualifications of Subsection (1)(c), (2)(c), or
(3)(c) the division shall provide an appropriate number of copies of fingerprint cards to the
Department of Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal history
information relating to each applicant for licensure under this chapter; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
requiring a check of records of the F.B.I. for criminal history information under this section.
(5) The Department of Public Safety shall send to the division:
(a) a written record of criminal history, or certification of no criminal history record, as
contained in the records of the Department of Public Safety in a timely manner after receipt of
a fingerprint card from the division and a request for review of Department of Public Safety
records; and
(b) the results of the F.B.I. review concerning an applicant in a timely manner after
receipt of information from the F.B.I.
(6) (a) The division shall charge each applicant a fee, in accordance with Section
63J-1-504
, equal to the cost of performing the records reviews under this section.
(b) The division shall pay the Department of Public Safety the costs of all records
reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
under this chapter.
(7) Information obtained by the division from the reviews of criminal history records of
the Department of Public Safety and the F.B.I. shall be used or disseminated by the division
only for the purpose of determining if an applicant for licensure under this chapter is qualified
for licensure.
Section 41. Section 
58-64-502
 is amended to read:
58-64-502.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) using any deception detection instrument that does not meet criteria and standards
established by rule by the division [
in collaboration with the board
]; and
(2) using any deception detection instrument that does not make a permanent recording
as required under Section 
58-64-601
.
Section 42. Section 
58-64-601
 is amended to read:
58-64-601.
Deception detection instruments.
(1) Instruments or software applications used in performing deception detection
examinations shall be those that are generally recognized in the profession or, if approved by
the director, those with results published in peer-reviewed, scientific journals generally
recognized by the scientific community.
(2) An instrument or software application used for deception detection shall have a
permanent recording or written report produced by the instrument or software application for
objective analysis by the examiner[
,
] 
or
 the division[
, or the board
].
(3) A written interpretation by an examiner while conducting a deception detection
examination does not satisfy the requirements of a permanent recording.
Section 43. Section 
63C-6-101
 is amended to read:
63C-6-101.
Creation of commission -- Membership -- Appointment -- Vacancies.
(1) There is created the Utah Seismic Safety Commission consisting of 15 members,
designated as follows:
(a) the director of the Division of Emergency Management or the director's designee;
(b) the director of the Utah Geological Survey or the director's designee;
(c) the director of the University of Utah Seismograph Stations or the director's
designee;
(d) the executive director of the Utah League of Cities and Towns or the executive
director's designee;
(e) a representative from the Structural Engineers Association of Utah biannually
selected by its membership;
(f) the director of the Division of Facilities Construction and Management or the
director's designee;
(g) the executive director of the Department of Transportation or the director's
designee;
(h) the State Planning Coordinator or the coordinator's designee;
(i) a representative from the American Institute of Architects, Utah Section;
(j) a representative from the American Society of Civil Engineers, Utah Section;
[
(k) a member of the House of Representatives appointed biannually by the speaker of
the House;
]
[
(l) a member of the Senate appointed biannually by the president of the Senate;
]
(k) two individuals, appointed by the director of the Division of Emergency
Management, from earthquake-related organizations that have an interest in reducing
earthquake-related loss in the state;
[
(m)
] 
(l)
 the commissioner of the Department of Insurance or the commissioner's
designee;
[
(n)
] 
(m)
 a representative from the Association of Contingency Planners, Utah Chapter,
biannually selected by its membership; and
[
(o)
] 
(n)
 a representative from the American Public Works Association, Utah Chapter,
biannually selected by its membership.
(2) The commission shall annually select one of its members to serve as chair of the
commission.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
Section 44. Section 
63F-1-509
 is amended to read:
63F-1-509.
Statewide Global Positioning Reference Network created --
Rulemaking authority.
(1) (a) There is created the Statewide Global Positioning Reference Network to
improve the quality of geographic information system data and the productivity, efficiency, and
cost-effectiveness of government services.
(b) The network shall provide a system of permanently mounted, fully networked,
global positioning system base stations that will provide real time radio navigation and
establish a standard statewide coordinate reference system.
(c) The center shall administer the network.
[
(2) (a) There is created the Global Positioning Systems Advisory Committee to advise
the center on implementing and maintaining the network.
]
[
(b) The committee membership shall consist of:
]
[
(i) the center manager or the manager's designee;
]
[
(ii) a representative from the Department of Transportation created by Section
72-1-201
 designated by the executive director appointed under Section 
72-1-202
;
]
[
(iii) the chief information officer or the chief information officer's designee;
]
[
(iv) a representative from the Utah Association of County Surveyors; and
]
[
(v) a representative from the Utah Council of Land Surveyors.
]
[
(c) The representative from the center shall be the chair of the committee.
]
[
(d) The committee shall meet upon the call of the chair or a majority of the committee
members.
]
[
(e) The committee chair shall give reasonable notice to each member prior to any
meeting.
]
[
(f) Three members shall constitute a quorum for the transaction of business.
]
[
(g) The center shall provide staff support to the committee.
]
[
(h) Committee members who are state government employees shall receive no
additional compensation for their work on the committee.
]
[
(i) Committee members who are not state government employees shall receive no
compensation or expenses for their work on the committee.
]
[
(j) The committee shall recommend rules to the chief information officer for adoption
under Subsection (3).
]
[
(3)
] 
(2)
 (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the chief information officer shall make[
, in consultation with the committee,
] rules
providing for operating policies and procedures for the network.
(b) [
The rules
] 
When making rules under this section, the chief information officer
shall consider:
(i) network development that serves a public purpose;
(ii) increased productivity and efficiency for state agencies; and
(iii) costs and longevity of the network.
Section 45. Section 
63F-1-701
 is amended to read:
63F-1-701.
Utah Public Notice Website -- Establishment and administration.
(1) As used in this part:
(a) "Division" means the Division of Archives and Records Service of the Department
of Administrative Services.
(b) "Executive board" means the same as that term is defined in Section 
67-1-2.5
.
[
(b)
] 
(c)
 "Public body" [
has the same meaning as provided under
] 
means the same as
that term is defined in
 Section 
52-4-103
.
[
(c)
] 
(d)
 "Public information" means a public body's public notices, minutes, audio
recordings, and other materials that are required to be posted to the website under Title 52,
Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
[
(d)
] 
(e)
 "Website" means the Utah Public Notice Website created under this section.
(2) There is created the Utah Public Notice Website to be administered by the Division
of Archives and Records Service.
(3) The website shall consist of an Internet website provided to assist the public to find
posted public information.
(4) The division, with the technical assistance of the Department of Technology
Services, shall create the website [
which
] 
that
 shall:
(a) allow a public body, or other certified entity, to easily post any public information,
including the contact information required under Subsections 
17B-1-303
(9) and
17D-1-106
(1)(b)(ii);
(b) allow the public to 
easily
 search the public information by:
(i) public body name;
(ii) date of posting of the notice;
(iii) date of any meeting or deadline included as part of the public information; and
(iv) any other criteria approved by the division;
(c) allow the public to 
easily
 search and view past, archived public information;
(d) allow [
a person
] 
an individual
 to subscribe to receive updates and notices
associated with a public body or a particular type of public information;
(e) be easily accessible by the public from the State of Utah home page;
(f) have a unique and simplified website address;
(g) be directly accessible via a link from the main page of the official state website; and
(h) include other links, features, or functionality that will assist the public in obtaining
and reviewing public information posted on the website, as may be approved by the division.
(5) (a) Subject to Subsection (5)(b), the division and the governor's office shall
coordinate to ensure that the website, the database described in Section 
67-1-2.5
, and the
website described in Section 
67-1-2.5
 automatically share appropriate information in order to
ensure that:
(i) an individual who subscribes to receive information under Subsection (4)(d) for an
executive board automatically receives notifications of vacancies on the executive board that
will be publicly filled, including a link to information regarding how an individual may apply
to fill the vacancy; and
(ii) an individual who accesses an executive board's information on the website has
access to the following through the website:
(A) the executive board's information in the database, except an individual's physical
address, e-mail address, or phone number; and
(B) the portal described in Section 
67-1-2.5
 through which an individual may provide
input on an appointee to, or member of, the executive board.
(b) The division and the governor's office shall comply with Subsection (5)(a) as soon
as reasonably possible within existing funds appropriated to the division and the governor's
office.
(6) Before August 1 of each year, the division shall:
(a) identify each executive board that is a public body that did not submit to the
website a notice of a public meeting during the previous fiscal year; and
(b) report the name of each identified executive board to the governor's boards and
commissions administrator.
[
(5)
] 
(7)
 The division [
shall be
] 
is
 responsible for:
(a) establishing and maintaining the website, including the provision of equipment,
resources, and personnel as is necessary;
(b) providing a mechanism for public bodies or other certified entities to have access to
the website for the purpose of posting and modifying public information; and
(c) maintaining an archive of all public information posted to the website.
[
(6) The timing for posting and the content of the public information posted to the
website shall be the responsibility of the public body or other entity posting the public
information.
]
(8) A public body is responsible for the content the public body is required to post to
the website and the timing of posting of that information.
Section 46. Section 
63I-1-204
 is amended to read:
63I-1-204.
Repeal dates, Title 4.
(1) Section 
4-2-108
, which creates the Agricultural Advisory Board, is repealed July 1,
2023.
(2) Section 
4-17-104
, which creates the State Weed Committee, is repealed July 1,
2021.
(3) Section 
4-20-103
, which creates the State Grazing Advisory Board, is repealed July
1, 2022.
(4) Sections 
4-23-104
 and 
4-23-105
, which create the Agricultural and Wildlife
Damage Prevention Board, are repealed July 1, 2024.
(5) Section 
4-24-104
, which creates the Livestock Brand Board, is repealed July 1,
2025.
(6) Section 
4-35-103
, which creates the Decision and Action Committee, is repealed
July 1, 2026.
(7) Section 
4-39-104
, which creates the Domesticated Elk Act Advisory Council, is
repealed July 1, 2027.
(8)
 Subsection 
4-41a-105
(2)(e)(i), related to the Native American Legislative Liaison
Committee, is repealed July 1, 2022.
Section 47. Section 
63I-1-207
 is enacted to read:
 63I-1-207.
Repeal dates, Title 7.
(1) Section 
7-1-203
, which creates the Board of Financial Institutions, is repealed July
1, 2021.
(2) Section 
7-3-40
, which creates the Board of Bank Advisors, is repealed July 1, 2022.
(3) Section 
7-9-43
, which creates the Board of Credit Union Advisors, is repealed July
1, 2023.
Section 48. Section 
63I-1-209
 is amended to read:
63I-1-209.
Repeal dates, Title 9.
(1) Section 
9-6-305
, which creates the State of Utah Alice Merrill Horne Art
Collection Committee, is repealed July 1, 2027.
(2) Sections 
9-6-604
 and 
9-6-605
, which create the Museum Services Advisory Board,
are repealed July 1, 2027.
[
(1)
] 
(3)
 In relation to the Native American Legislative Liaison Committee, on July 1,
2022:
(a) Subsection 
9-9-104.6
(2)(a) is repealed;
(b) Subsection 
9-9-104.6
(4)(a), the language that states "who is not a legislator" is
repealed; and
(c) Subsection 
9-9-104.6
(4)(b), related to compensation of legislative members, is
repealed.
[
(2) In relation to the American Indian and Alaska Native Education State Plan Pilot
Program, on July 1, 2022:
]
[
(a) Subsection 
26-7-2.5
(4), related to the American Indian-Alaskan Native Public
Education Liaison, is repealed; and
]
[
(b) Subsection 
9-9-104.6
(2)(d) is repealed.
]
(4) Section 
9-9-405
, which creates the Native American Remains Review Committee,
is repealed July 1, 2025.
(5) Title 9, Chapter 20, Utah Commission on Service and Volunteerism Act, is
repealed July 1, 2026.
Section 49. Section 
63I-1-213
 is amended to read:
63I-1-213.
Repeal dates, Title 13.
(1) Section 
13-32a-112
, which creates the Pawnshop and Secondhand Merchandise
Advisory Board, is repealed July 1, 2027.
(2) Section 
13-35-103
, which creates the Powersport Motor Vehicle Franchise
Advisory Board, is repealed July 1, 2022.
(3) Section 
13-43-202
, which creates the Land Use and Eminent Domain Advisory
Board, is repealed July 1, 2021.
Section 50. Section 
63I-1-217
 is amended to read:
63I-1-217.
Repeal dates, Title 17.
(1)
 Subsection 
17-16-21
(2)(d) is repealed July 1, 2023.
(2) Title 17, Chapter 21a, Part 3, Administration and Standards, which creates the Utah
Electronic Recording Commission, is repealed July 1, 2022.
Section 51. Section 
63I-1-223
 is amended to read:
63I-1-223.
Repeal dates, Title 23.
(1)
 Subsection 
23-13-12.5
(2)(f)(i), related to the Native American Legislative Liaison
Committee, is repealed July 1, 2022.
(2) Section 
23-14-2.5
, which creates the Wildlife Board Nominating Committee, is
repealed July 1, 2023.
(3) Section 
23-14-2.6
, which creates regional advisory councils for the Wildlife Board,
is repealed July 1, 2023.
Section 52. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates, Title 26.
(1) Subsection 
26-1-7
(1)(f), related to the Residential Child Care Licensing Advisory
Committee, is repealed July 1, 2024.
(2) Subsection 
26-1-7
(1)(h), related to the Primary Care Grant Committee, is repealed
July 1, 2025.
(3) Section 
26-1-7.5
, which creates the Utah Health Advisory Council, is repealed July
1, 2025.
[
(1)
] 
(4)
 Section 
26-1-40
 is repealed July 1, 2022.
[
(2)
] 
(5)
 Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
July 1, 2025.
(6) Subsection 
26-10-6
(5), which creates the Newborn Hearing Screening Committee,
is repealed July 1, 2026.
[
(3)
] 
(7)
 Section 
26-10-11
 is repealed July 1, 2020.
(8) Section 
26-10b-106
, which creates the Primary Care Grant Committee, is repealed
July 1, 2025.
(9) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
2027.
[
(4)
] 
(10)
 Subsection 
26-18-417
(3) is repealed July 1, 2020.
[
(5)
] 
(11)
 Subsection 
26-18-418
(2), the language that states "and the Mental Health
Crisis Line Commission created in Section 
63C-18-202
" is repealed July 1, 2023.
[
(6)
] 
(12)
 Section 
26-18-419.1
 is repealed December 31, 2019.
(13) Title 26, Chapter 18a, Kurt Oscarson Children's Organ Transplant Coordinating
Committee, is repealed July 1, 2021.
[
(7)
] 
(14)
 Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
2024.
[
(8)
] 
(15)
 Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
2024.
[
(9)
] 
(16)
 Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
repealed July 1, 2024.
[
(10)
] 
(17)
 Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
1, 2024.
(18) Section 
26-39-201
, which creates the Residential Child Care Licensing Advisory
Committee, is repealed July 1, 2024.
(19) Section 
26-40-104
, which creates the Utah Children's Health Insurance Program
Advisory Council, is repealed July 1, 2025.
(20) Section 
26-50-202
, which creates the Traumatic Brain Injury Advisory
Committee, is repealed July 1, 2025.
[
(11)
] 
(21)
 Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund, is repealed January 1, [
]
.
[
(12)
] 
(22)
 Subsection 
26-61a-108
(2)(e)(i), related to the Native American Legislative
Liaison Committee, is repealed July 1, 2022.
[
(13)
] 
(23)
 Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
repealed July 1, 2026.
(24) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
2026.
Section 53. Section 
63I-1-234
 is amended to read:
63I-1-234.
Repeal dates, Titles 34 and 34A.
(1) Subsection 
34A-1-202
(2)(c)(i), related to the Workers' Compensation Advisory
Council, is repealed July 1, 2027.
(2) Subsection 
34A-1-202
(2)(c)(iii), related to the Coal Miner Certification Panel, is
repealed July 1, 2024.
(3) Section 
34A-2-107
, which creates the Workers' Compensation Advisory Council, is
repealed July 1, 2027.
(4)
 Section 
34A-2-202.5
 is repealed December 31, 2020.
Section 54. Section 
63I-1-235
 is amended to read:
63I-1-235.
Repeal dates, Title 35A.
(1) Subsection 
35A-1-109
(4)(c), related to the Talent Ready Utah Board, is repealed
January 1, 2023.
(2) Subsection 
35A-1-202
(2)(d), related to the Child Care Advisory Committee, is
repealed July 1, 2021.
(3) Section 
35A-3-205
, which creates the Child Care Advisory Committee, is repealed
July 1, 2021.
[
(2)
] 
(4)
 Subsection 
35A-4-312
(5)(p), describing information that may be disclosed to
the federal Wage and Hour Division, is repealed July 1, 2022.
(5) Subsection 
35A-4-502
(5), which creates the Employment Advisory Council, is
repealed July 1, 2022.
[
(3)
] 
(6)
 Title 35A, Chapter 8, Part 22, Commission on Housing Affordability, is
repealed July 1, 2023.
[
(4)
] 
(7)
 Section 
35A-9-501
 is repealed January 1, 2021.
[
(5)
] 
(8)
 Title 35A, Chapter 11, Women in the Economy Commission Act, is repealed
January 1, 2025.
(9) Sections 
35A-13-301
 and 
35A-13-302
, which create the Governor's Committee on
Employment of People with Disabilities, are repealed July 1, 2023.
(10) Section 
35A-13-303
, which creates the State Rehabilitation Advisory Council, is
repealed July 1, 2024.
(11) Section 
35A-13-404
, which creates the advisory council for the Division of
Services for the Blind and Visually Impaired, is repealed July 1, 2025.
(12) Sections 
35A-13-603
 and 
35A-13-604
, which create the Interpreter Certification
Board, are repealed July 1, 2026.
Section 55. Section 
63I-1-240
 is enacted to read:
 63I-1-240.
Repeal dates, Title 40.
Section 
40-2-204
, which creates the Coal Miner Certification Panel, is repealed July 1,
2024.
Section 56. Section 
63I-1-241
 is amended to read:
63I-1-241.
Repeal dates, Title 41.
(1) Subsection 
41-1a-1201
(9), related to the Spinal Cord and Brain Injury
Rehabilitation Fund, is repealed January 1, [
]
.
(2) Section 
41-3-106
, which creates an advisory board related to motor vehicle
business regulation, is repealed July 1, 2024.
[
(2)
] 
(3)
 The following subsections addressing lane filtering are repealed on July 1,
2022:
(a) Subsection 
41-6a-102
(29);
(b) Subsection 
41-6a-704
(5); and
(c) Subsection 
41-6a-710
(1)(c).
[
(3)
] 
(4)
 Subsection 
41-6a-1406
(6)(b)(iii), related to the Spinal Cord and Brain Injury
Rehabilitation Fund, is repealed January 1, [
]
.
(5) Subsections 
41-22-2
(1) and 
41-22-10
(1)(a), which create the Off-highway Vehicle
Advisory Council, are repealed July 1, 2027.
[
(4)
] 
(6)
 Subsection 
41-22-8
(3), related to the Spinal Cord and Brain Injury
Rehabilitation Fund, is repealed January 1, [
]
.
Section 57. Section 
63I-1-253
 is amended to read:
63I-1-253.
Repeal dates, Titles 53 through 53G.
[
The following provisions are repealed on the following dates:
]
(1) Section 
53-2a-105
, which creates the Emergency Management Administration
Council, is repealed July 1, 2021.
(2) Sections 
53-2a-1103
 and 
53-2a-1104
, which create the Search and Rescue Advisory
Board, are repealed July 1, 2022.
(3) Section 
53-5-703
, which creates the Concealed Firearm Review Board, is repealed
July 1, 2023.
[
(1)
] 
(4)
 Subsection 
53-6-203
(1)(b)(ii), regarding being 19 years old at certification, is
repealed July 1, 2022.
[
(2)
] 
(5)
 Subsection 
53-13-104
(6), regarding being 19 years old at certification, is
repealed July 1, 2022.
(6) Section 
53B-6-105.5
, which creates the Technology Initiative Advisory Board, is
repealed July 1, 2024.
[
(3)
] 
(7)
 Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(8) Section 
53B-17-1203
, which creates the SafeUT and School Safety Commission, is
repealed January 1, 2025.
[
(4)
] 
(9)
 Section 
53B-18-1501
 is repealed July 1, 2021.
[
(5)
] 
(10)
 Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1,
2028.
[
(6)
] 
(11)
 Section 
53B-24-402
, Rural residency training program, is repealed July 1,
2020.
[
(7)
] 
(12)
 Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of
money from the Land Exchange Distribution Account to the Geological Survey for test wells,
other hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1,
2020.
[
(8)
] 
(13)
 Section 
53E-3-515
 is repealed January 1, 2023.
[
(9)
] 
(14)
 In relation to a standards review committee, on January 1, 2023:
(a) in Subsection 
53E-4-202
(8), the language [
that states
] "by a standards review
committee and the recommendations of a standards review committee established under
Section 
53E-4-203
" is repealed; and
(b) Section 
53E-4-203
 is repealed.
[
(10) In relation to the SafeUT and School Safety Commission, on January 1, 2023:
]
[
(a) Subsection 
53B-17-1201
(1) is repealed;
]
[
(b) Section 
53B-17-1203
 is repealed;
]
[
(c) Subsection 
53B-17-1204
(2) is repealed;
]
[
(d) Subsection 
53B-17-1204
(4)(a), the language that states "in accordance with the
method described in Subsection (4)(c)" is repealed; and
]
[
(e) Subsection 
53B-17-1204
(4)(c) is repealed.
]
(15) Subsections 
53E-3-503
(5) and (6), which create coordinating councils for youth in
custody, are repealed July 1, 2027.
(16) Section 
53E-4-402
, which creates the State Instructional Materials Commission, is
repealed July 1, 2022.
(17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
repealed July 1, 2023.
(18) Subsection 
53E-8-204
(4), which creates the advisory council for the Utah Schools
for the Deaf and the Blind, is repealed July 1, 2021.
[
(11)
] 
(19)
 Section 
53F-2-514
 is repealed July 1, 2020.
[
(12)
] 
(20)
 Section 
53F-5-203
 is repealed July 1, 2024.
[
(13)
] 
(21)
 Section 
53F-5-212
 is repealed July 1, 2024.
[
(14)
] 
(22)
 Section 
53F-5-213
 is repealed July 1, 2023.
[
(15)
] 
(23)
 Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native
Education State Plan Pilot Program, is repealed July 1, 2022.
[
(16)
] 
(24)
 Section 
53F-6-201
 is repealed July 1, 2019.
(25) Subsection 
53F-9-203
(7), which creates the Charter School Revolving Account
Committee, is repealed July 1, 2024.
[
(17)
] 
(26)
 Section 
53F-9-501
 is repealed January 1, 2023.
[
(18)
] 
(27)
 Subsections 
53G-4-608
(2)(b) and (4)(b), related to the Utah Seismic Safety
Commission, are repealed January 1, 2025.
[
(19)
] 
(28)
 Subsection 
53G-8-211
(4), regarding referrals of a minor to court for a class
C misdemeanor, is repealed July 1, 2020.
Section 58. Section 
63I-1-254
 is amended to read:
63I-1-254.
Repeal dates, Title 54.
(1) Section 
54-10a-202
, which creates the Committee of Consumer Services, is
repealed July 1, 2025.
(2)
 Title 54, Chapter 15, Net Metering of Electricity, is repealed January 1, 2036.
Section 59. Section 
63I-1-258
 is amended to read:
63I-1-258.
Repeal dates, Title 58.
(1) Section 
58-3a-201
, which creates the Architects Licensing Board, is repealed July
1, 2026.
[
(1)
] 
(2)
 Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
repealed July 1, 2026.
[
(2)
] 
(3)
 Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1,
2025.
[
(3)
] 
(4)
 Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1,
2028.
[
(4)
] 
(5)
 Section 
58-37-4.3
 is repealed January 1, 2020.
[
(5)
] 
(6)
 Subsection 
58-37-6
(7)(f)(iii) is repealed July 1, 2022, and the Office of
Legislative Research and General Counsel is authorized to renumber the remaining subsections
accordingly.
[
(6)
] 
(7)
 Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1,
2023.
[
(7)
] 
(8)
 Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing
Act, is repealed July 1, 2029.
[
(8)
] 
(9)
 Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1,
2025.
[
(9)
] 
(10)
 Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is
repealed July 1, 2023.
[
(10)
] 
(11)
 Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1,
2024.
(12) Subsection 
58-55-201
(2), which creates the Alarm System and Security Licensing
Advisory Board, is repealed July 1, 2027.
[
(11)
] 
(13)
 Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed
July 1, 2026.
[
(12)
] 
(14)
 Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027. 
[
(13)
] 
(15)
 Title 58, Chapter 86, State Certification of Commercial Interior Designers
Act, is repealed July 1, 2021.
[
(14)
] 
(16)
 The following sections are repealed on July 1, 2022:
(a) Section 
58-5a-502
;
(b) Section 
58-31b-502.5
;
(c) Section 
58-67-502.5
;
(d) Section 
58-68-502.5
; and
(e) Section 
58-69-502.5
.
Section 60. Section 
63I-1-261
 is amended to read:
63I-1-261.
Repeal dates, Title 61.
Section 
61-2c-104
, which creates the Residential Mortgage Regulatory Commission, is
repealed July 1, 2021.
Section 61. Section 
63I-1-262
 is amended to read:
63I-1-262.
Repeal dates, Title 62A.
(1) Subsections 
62A-1-120
(8)(g), (h), and (i) are repealed July 1, 2023.
(2) Section 
62A-3-209
 is repealed July 1, 2023.
(3) Section 
62A-4a-202.9
 is repealed December 31, 2021.
(4) Section 
62A-4a-213
 is repealed July 1, 2024.
(5) Sections 
62A-5a-101
, 
62A-5a-102
, 
62A-5a-103
, and 
62A-5a-104
, which create the
Coordinating Council for Persons with Disabilities, are repealed July 1, 2022.
[
(5)
] 
(6)
 Section 
62A-15-114
 is repealed December 31, 2021.
[
(6)
] 
(7)
 Subsections 
62A-15-116
(1) and (4), the language that states "In consultation
with the SafeUT and School Safety Commission, established in Section 
53B-17-1203
," is
repealed January 1, 2023.
(8) Section 
62A-15-605
, which creates the Forensic Mental Health Coordinating
Council, is repealed July 1, 2023.
[
(7)
] 
(9)
 Subsections 
62A-15-1100
(1) and 
62A-15-1101
(8), in relation to the Utah
Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
[
(8)
] 
(10)
 In relation to the Mental Health Crisis Line Commission, on July 1, 2023:
(a) Subsections 
62A-15-1301
(1) and 
62A-15-1401
(1) are repealed;
(b) Subsection 
62A-15-1302
(1)(b), the language that states "in consultation with the
commission" is repealed;
(c) Section 
62A-15-1303
, the language that states "In consultation with the
commission," is repealed; and
(d) Subsection 
62A-15-1402
(2)(a), the language that states "With recommendations
from the commission," is repealed.
Section 62. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Subsection 
63A-1-201
(1) is repealed;
(b) Subsection 
63A-1-202
(2)(c), the language [
that states
] "using criteria established by
the board" is repealed;
(c) Section 
63A-1-203
 is repealed;
(d) Subsections 
63A-1-204
(1) and (2), the language [
that states
] "After consultation
with the board, and" is repealed; and
(e) Subsection 
63A-1-204
(1)(b), the language [
that states
] "using the standards
provided in Subsection 
63A-1-203
(3)(c)" is repealed.
(2) Subsection 
63A-5-228
(2)(h), relating to prioritizing and allocating capital
improvement funding, is repealed on July 1, 2024.
(3) Section 
63A-5-603
, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
(4) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
[
(4)
] 
(5)
 Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed
July 1, 2028.
[
(5)
] 
(6)
 Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
[
(6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
2020.
]
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
[
(7)
] 
(8)
 Title 63C, Chapter 17, Point of the Mountain Development Commission Act,
is repealed July 1, 2021.
[
(8)
] 
(9)
 Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed
July 1, 2023.
(10) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
2025.
(11) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
[
(9)
] 
(12)
 Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
July 1, 2025.
[
(10)
] 
(13)
 Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
July 1, 2020.
[
(11) In relation to the State Fair Corporation Board of Directors, on January 1, 2025:
]
[
(a) Subsection 
63H-6-104
(2)(c), related to a Senate appointment, is repealed;
]
[
(b) Subsection 
63H-6-104
(2)(d), related to a House appointment, is repealed;
]
[
(c) in Subsection 
63H-6-104
(2)(e), the language that states ", of whom only one may
be a legislator, in accordance with Subsection (3)(e)," is repealed;
]
[
(d) Subsection 
63H-6-104
(3)(a)(i) is amended to read:
]
[
"(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
year that the board member was appointed.";
]
[
(e) in Subsections 
63H-6-104
(3)(a)(ii), (c)(ii), and (d), the language that states "the
president of the Senate, the speaker of the House, the governor," is repealed and replaced with
"the governor"; and
]
[
(f) Subsection 
63H-6-104
(3)(e), related to limits on the number of legislators, is
repealed.
]
[
(12)
] 
(14)
 Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
2026.
[
(13) Section 
63M-7-212
 is repealed on December 31, 2019.
]
[
(14) On July 1, 2025:
]
[
(a) in Subsection 
17-27a-404
(3)(c)(ii), the language that states "the Resource
Development Coordinating Committee," is repealed;
]
[
(b) Subsection 
23-14-21
(2)(c) is amended to read "(c) provide notification of proposed
sites for the transplant of species to local government officials having jurisdiction over areas
that may be affected by a transplant.";
]
[
(c) in Subsection 
23-14-21
(3), the language that states "and the Resource
Development Coordinating Committee" is repealed;
]
[
(d) in Subsection 
23-21-2.3
(1), the language that states "the Resource Development
Coordinating Committee created in Section 
63J-4-501
 and" is repealed;
]
[
(e) in Subsection 
23-21-2.3
(2), the language that states "the Resource Development
Coordinating Committee and" is repealed;
]
[
(f) Subsection 
63J-4-102
(1) is repealed and the remaining subsections are renumbered
accordingly;
]
[
(g) Subsections 
63J-4-401
(5)(a) and (c) are repealed;
]
[
(h) Subsection 
63J-4-401
(5)(b) is renumbered to Subsection 
63J-4-401
(5)(a) and the
word "and" is inserted immediately after the semicolon;
]
[
(i) Subsection 
63J-4-401
(5)(d) is renumbered to Subsection 
63J-4-401
(5)(b);
]
[
(j) Sections 
63J-4-501
, 
63J-4-502
, 
63J-4-503
, 
63J-4-504
, and 
63J-4-505
 are repealed;
and
]
[
(k) Subsection 
63J-4-603
(1)(e)(iv) is repealed and the remaining subsections are
renumbered accordingly.
]
(15) Subsection 
63J-1-602.1
(13), Nurse Home Visiting Restricted Account is repealed
July 1, 2026.
(16) Subsection 
63J-1-602.2
(4), referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
(17) Subsection 
63J-1-602.2
(5), referring to the Trip Reduction Program, is repealed
July 1, 2022.
(18) (a) Subsection 
63J-1-602.1
(53), relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
(53), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(19) Subsection 
63J-1-602.2
[
(23)
]
(24)
, related to the Utah Seismic Safety
Commission, is repealed January 1, 2025.
(20) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(21) Subsection 
63J-4-608
(3), which creates the Federal Land Application Advisory
Committee, is repealed on July 1, 2021.
[
(20)
] 
(22)
 Subsection 
63J-4-708
(1), in relation to the Talent Ready Utah Board, on
January 1, 2023, is amended to read:
"(1) On or before October 1, the board shall provide an annual written report to the
Social Services Appropriations Subcommittee and the Economic Development and Workforce
Services Interim Committee.".
[
(21)
] 
(23)
 In relation to the Utah Substance Use and Mental Health Advisory Council,
on January 1, 2023:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-1.1
 and related provisions in
Subsections 
77-18-1
(5)(b)(iii) and (iv).".
[
(22)
] 
(24)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1, 2022.
[
(23)
] 
(26)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2021.
[
(24)
] 
(27)
 Subsection 
63N-1-301
(4)(c), related to the Talent Ready Utah Board, is
repealed on January 1, 2023.
(28) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
Council, is repealed July 1, 2024.
[
(25)
] 
(29)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
[
(26)
] 
(30)
 (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
is repealed January 1, 2021.
(b) Subject to Subsection [
(26)
] 
(30)
(c), Sections 
59-7-610
 and 
59-10-1007
 regarding
tax credits for certain persons in recycling market development zones, are repealed for taxable
years beginning on or after January 1, 2021.
(c) A person may not claim a tax credit under Section 
59-7-610
 or 
59-10-1007
:
(i) for the purchase price of machinery or equipment described in Section 
59-7-610
 or
59-10-1007
, if the machinery or equipment is purchased on or after January 1, 2021; or
(ii) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), if
the expenditure is made on or after January 1, 2021.
(d) Notwithstanding Subsections [
(26)
] 
(30)
(b) and (c), a person may carry forward a
tax credit in accordance with Section 
59-7-610
 or 
59-10-1007
 if:
(i) the person is entitled to a tax credit under Section 
59-7-610
 or 
59-10-1007
; and
(ii) (A) for the purchase price of machinery or equipment described in Section
59-7-610
 or 
59-10-1007
, the machinery or equipment is purchased on or before December 31,
2020; or
(B) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), the
expenditure is made on or before December 31, 2020.
[
(27)
] 
(31)
 Section 
63N-2-512
 is repealed on July 1, 2021.
[
(28)
] 
(32)
 (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection [
(28)
] 
(32)
(b), an entity may carry forward a tax credit
in accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
[
(29)
] 
(33)
 Subsections 
63N-3-109
(2)(e) and 
63N-3-109
(2)(f)(i) are repealed July 1,
2023.
[
(30)
] 
(34)
 Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
repealed July 1, 2023.
(35) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
2025.
[
(31)
] 
(36)
 Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
Program, is repealed January 1, 2023.
[
(32) In relation to the Pete Suazo Utah Athletic Commission, on January 1, 2021:
]
[
(a) Subsection 
63N-10-201
(2)(a) is amended to read:
]
[
"(2) (a) The governor shall appoint five commission members with the advice and
consent of the Senate.";
]
[
(b) Subsection 
63N-10-201
(2)(b), related to legislative appointments, is repealed;
]
[
(c) in Subsection 
63N-10-201
(3)(a), the language that states ", president, or speaker,
respectively," is repealed; and
]
[
(d) Subsection 
63N-10-201
(3)(d) is amended to read:
]
[
"(d) The governor may remove a commission member for any reason and replace the
commission member in accordance with this section.".
]
[
(33) In relation to the Talent Ready Utah Board, on January 1, 2023:
]
[
(a) Subsection 
9-22-102
(16) is repealed;
]
[
(b) in Subsection 
9-22-114
(2), the language that states "Talent Ready Utah," is
repealed; and
]
[
(c) in Subsection 
9-22-114
(5), the language that states "representatives of Talent
Ready Utah," is repealed.
]
[
(34)
] 
(37)
 Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed
January 1, 2023.
Section 63. Section 
63I-1-265
 is enacted to read:
 63I-1-265.
Repeal dates, Title 65A.
Section 
65A-8-306
, which creates the Heritage Trees Advisory Committee, is repealed
July 1, 2026.
Section 64. Section 
63I-1-267
 is amended to read:
63I-1-267.
Repeal dates, Title 67.
(1) Section 
67-1-8.1
, which creates the Executive Residence Commission, is repealed
July 1, 2022.
[
(1)
] 
(2)
 Section 
67-1-15
 is repealed December 31, 2027.
[
(2)
] 
(3)
 Section 
67-3-11
 is repealed July 1, 2024.
(4) Title 67, Chapter 5a, Utah Prosecution Council, is repealed July 1, 2027.
(5) Section 
67-5b-105
, which creates local advisory boards for the Children's Justice
Center Program, is repealed July 1, 2021.
Section 65. Section 
63I-1-272
 is amended to read:
63I-1-272.
Repeal dates, Title 72.
(1) Subsection 
72-2-121
(9), which creates transportation advisory committees, is
repealed July 1, 2022.
(2)
 Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program, is repealed January
2, 2025.
Section 66. Section 
63I-1-273
 is amended to read:
63I-1-273.
Repeal dates, Title 73.
(1)
 In relation to the Legislative Water Development Commission, on January 1, 2021:
[
(1)
] 
(a)
 in Subsection 
73-10g-105
(3), the language that states "and in consultation
with the State Water Development Commission created in Section 
73-27-102
" is repealed;
[
(2)
] 
(b)
 Subsection 
73-10g-203
(4)(a) is repealed; and
[
(3)
] 
(c)
 Title 73, Chapter 27, State Water Development Commission, is repealed.
(2) Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, is repealed July 1,
2025.
(3) Section 
73-18-3.5
, which creates the Boating Advisory Council, is repealed July 1,
2024.
(4) Title 73, Chapter 30, Great Salt Lake Advisory Council Act, is repealed July 1,
2027.
Section 67. Section 
63I-1-278
 is amended to read:
63I-1-278.
Repeal dates, Title 78A and Title 78B.
(1) Section 
78B-3-421
, regarding medical malpractice arbitration agreements, is
repealed July 1, 2029.
(2) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
2026. 
(3) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
Support Guidelines Advisory Committee, is repealed July 1, 2026.
Section 68. Section 
63I-1-279
 is enacted to read:
 63I-1-279.
Repeal dates, Title 79.
(1) Subsection 
79-2-201
(2)(n), related to the Heritage Trees Advisory Committee, is
repealed July 1, 2026.
(2) Subsection 
79-2-201
(2)(o), related to the Recreational Trails Advisory Council, is
repealed July 1, 2027.
(3) Subsection 
79-2-201
(2)(p), related to the Boating Advisory Council, is repealed
July 1, 2024.
(4) Subsection 
79-2-201
(2)(q), related to the Wildlife Board Nominating Committee, is
repealed July 1, 2023.
(5) Subsection 
79-2-201
(2)(r), related to regional advisory councils for the Wildlife
Board, is repealed July 1, 2023.
(6) Title 79, Chapter 5, Part 2, Advisory Council, which creates the Recreational Trails
Advisory Council, is repealed July 1, 2027.
Section 69. Section 
63I-2-226
 is amended to read:
63I-2-226.
Repeal dates, Title 26.
(1) Subsection 
26-1-7
(1)(c), in relation to the Air Ambulance Committee, is repealed
July 1, 2024.
[
(1)
] 
(2)
 Subsection 
26-7-8
(3) is repealed January 1, 2027.
[
(2)
] 
(3)
 Section 
26-8a-107
 is repealed July 1, 2024.
[
(3)
] 
(4)
 Subsection 
26-8a-203
(3)(a)(i) is repealed January 1, 2023.
(5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
26-8a-602
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge
not paid by the patient's health insurer; and".
[
(4)
] 
(6)
 Subsection 
26-18-2.3
(5) is repealed January 1, 2020.
[
(5)
] 
(7)
 Subsection 
26-18-2.4
(3)(e) is repealed January 1, 2023.
[
(6)
] 
(8)
 Subsection 
26-18-411
(8), related to reporting on the health coverage
improvement program, is repealed January 1, 2023.
[
(7)
] 
(9)
 Subsection 
26-18-604
(2) is repealed January 1, 2020.
[
(8)
] 
(10)
 Subsection 
26-21-28
(2)(b) is repealed January 1, 2021.
(11) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
26-21-32
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge
not paid by the patient's health insurer; and".
[
(9)
] 
(12)
 Subsection 
26-33a-106.1
(2)(a) is repealed January 1, 2023.
[
(10)
] 
(13)
 Subsection 
26-33a-106.5
(6)(c)(iii) is repealed January 1, 2020.
[
(11)
] 
(14)
 Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
Program, is repealed July 1, 2027.
[
(12) Subsection 
26-50-202
(7)(b) is repealed January 1, 2020.
]
[
(13)
] 
(15)
 Subsections 
26-54-103
(6)(d)(ii) and (iii) are repealed January 1, 2020.
[
(14)
] 
(16)
 Subsection 
26-55-107
(8) is repealed January 1, 2021.
[
(15)
] 
(17)
 Subsection 
26-56-103
(9)(d) is repealed January 1, 2020.
[
(16)
] 
(18)
 Title 26, Chapter 59, Telehealth Pilot Program, is repealed January 1, 2020.
[
(17)
] 
(19)
 Subsection 
26-61-202
(4)(b) is repealed January 1, 2022.
[
(18)
] 
(20)
 Subsection 
26-61-202
(5) is repealed January 1, 2022.
Section 70. Section 
63M-7-402
 is amended to read:
63M-7-402.
Terms of members -- Vacancies -- Reappointment.
(1) (a) Except as required by Subsection (1)(b), as terms of current commission
members expire, the appointing authority shall appoint each new member or reappointed
member to a four-year term.
(b) Notwithstanding the requirements of Subsection (1)(a), the appointing authority
shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
terms of commission members are staggered so that approximately half of the commission is
appointed every two years.
(2) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
[
(3) All members of the commission, including those appointed before July 1, 1995,
shall be eligible for reappointment one time.
]
Section 71. Section 
63N-1-205
 is enacted to read:
 63N-1-205.
 Incentive review process.
The Legislature intends that the Governor's Office of Economic Development will
develop an incentives review process under the direction of the speaker of the House and the
president of the Senate.
Section 72. Section 
63N-7-103
 is amended to read:
63N-7-103.
Board duties.
(1) The [
board
] 
Board of Tourism Development
:
(a) has authority to approve a tourism program of out-of-state advertising, marketing,
and branding, taking into account the long-term strategic plan, economic trends, and
opportunities for tourism development on a statewide basis, as a condition of the distribution of
funds to the office from the:
(i) Tourism Marketing Performance Account created in Section 
63N-7-301
; and
(ii) Stay Another Day and Bounce Back Account, created in Section 
63N-2-511
;
(b) shall review office programs to coordinate and integrate advertising and branding
themes, which may include recreational, scenic, historic, and tourist attractions of the state, to
be used in office programs;
(c) shall encourage and assist in coordinating activities of persons, firms, associations,
corporations, civic groups, and governmental agencies that are engaged in publicizing,
developing, and promoting the scenic attractions and tourist advantages of the state; and
(d) shall advise the office in establishing a cooperative program using funds from the
Tourism Marketing Performance Account created in Section 
63N-7-301
.
(2) The board may:
(a) solicit and accept contributions of money, services, and facilities from any other
sources, public or private and shall use these funds for promoting the general interest of the
state in tourism; and
(b) establish subcommittees for the purpose of assisting the board in an advisory role.
(3) The [
board
] 
Board of Tourism Development
 may not, except as otherwise provided
in Subsection (1)(a), make policy related to the management or operation of the office.
[
(4) (a) For each fiscal year, the office shall allocate 20% of the funds appropriated to
the Tourism Marketing and Performance Account created in Section 
63N-7-301
 to the
cooperative program described in Subsection (1)(d) and this Subsection (4).
]
[
(b) Money allocated to the cooperative program may be awarded to cities, counties,
nonprofit destination marketing organizations, and similar public entities for the purpose of
supplementing money committed by these entities for advertising and promoting sites and
events in the state.
]
[
(c) The office, with approval from the board, shall establish:
]
[
(i) an application and approval process for an entity to receive a cooperative program
award, including an application deadline;
]
[
(ii) the criteria for awarding a cooperative program award, which shall emphasize
attracting out-of-state visitors, and may include attracting in-state visitors, to sites and events in
the state; and
]
[
(iii) eligibility, advertising, timing, and reporting requirements of an entity that
receives a cooperative program award.
]
[
(d) Money allocated to the cooperative program that is not used in each fiscal year
shall be returned to the Tourism Marketing Performance Account.
]
Section 73. Section 
63N-7-301
 is amended to read:
63N-7-301.
Tourism Marketing Performance Account.
(1) There is created within the General Fund a restricted account known as the Tourism
Marketing Performance Account.
(2) The account shall be administered by GOED for the purposes listed in Subsection
(5).
(3) (a) The account shall earn interest.
(b) All interest earned on account money shall be deposited into the account.
(4) The account shall be funded by appropriations made to the account by the
Legislature in accordance with this section.
(5) The executive director of GOED's Office of Tourism shall use account money
appropriated to GOED to pay for the statewide advertising, marketing, and branding campaign
for promotion of the state as conducted by GOED.
(6) (a) For each fiscal year beginning on or after July 1, 2007, GOED shall annually
allocate 10% of the account money appropriated to GOED to a sports organization for
advertising, marketing, branding, and promoting Utah in attracting sporting events into the
state.
(b) The sports organization shall:
(i) provide an annual written report to GOED that gives an accounting of the use of
funds the sports organization receives under this Subsection (6); and
(ii) promote the state and encourage economic growth in the state.
(c) For purposes of this Subsection (6), "sports organization" means an organization
that:
(i) is exempt from federal income taxation in accordance with Section 501(c)(3),
Internal Revenue Code;
(ii) maintains its principal location in the state;
(iii) has a minimum of 15 years experience in the state hosting, fostering, and attracting
major summer and winter sporting events statewide; and
(iv) was created to foster state, regional, national, and international sports competitions
in the state, to drive the state's Olympic and sports legacy, including competitions related to
Olympic sports, and to promote and encourage sports tourism throughout the state, including
advertising, marketing, branding, and promoting the state for the purpose of attracting sporting
events in the state.
(7) Money deposited into the account shall include a legislative appropriation from the
cumulative sales and use tax revenue increases described in Subsection (8), plus any additional
appropriation made by the Legislature.
(8) (a) In fiscal years 2006 through 2019, a portion of the state sales and use tax
revenues determined under this Subsection (8) shall be certified by the State Tax Commission
as a set-aside for the account, and the State Tax Commission shall report the amount of the
set-aside to the office, the Office of Legislative Fiscal Analyst, and the Division of Finance,
which shall set aside the certified amount for appropriation to the account.
(b) For fiscal years 2016 through 2019, the State Tax Commission shall calculate the
set-aside under this Subsection (8) in each fiscal year by applying one of the following
formulas: if the annual percentage change in the Consumer Price Index for All Urban
Consumers, as published by the Bureau of Labor Statistics of the United States Department of
Labor, for the fiscal year two years before the fiscal year in which the set-aside is to be made is:
(i) greater than 3%, and if the annual percentage change in the state sales and use tax
revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
years before the fiscal year in which the set-aside is to be made is greater than the annual
percentage change in the Consumer Price Index for the fiscal year two years before the fiscal
year in which the set-aside is to be made, then the difference between the annual percentage
change in the state sales and use tax revenues attributable to the retail sales of tourist-oriented
goods and services and the annual percentage change in the Consumer Price Index shall be
multiplied by an amount equal to the state sales and use tax revenues attributable to the retail
sales of tourist-oriented goods and services from the fiscal year three years before the fiscal
year in which the set-aside is to be made; or
(ii) 3% or less, and if the annual percentage change in the state sales and use tax
revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
years before the fiscal year in which the set-aside is to be made is greater than 3%, then the
difference between the annual percentage change in the state sales and use tax revenues
attributable to the retail sales of tourist-oriented goods and services and 3% shall be multiplied
by an amount equal to the state sales and use tax revenues attributable to the retail sales of
tourist-oriented goods and services from the fiscal year three years before the fiscal year in
which the set-aside is to be made.
(c) The total money appropriated to the account in a fiscal year under Subsections
(8)(a) and (b) may not exceed the amount appropriated to the account in the preceding fiscal
year by more than $3,000,000.
(d) As used in this Subsection (8), "state sales and use tax revenues" are revenues
collected under Subsections 
59-12-103
(2)(a)(i)(A) and 
59-12-103
(2)(c)(i).
(e) As used in this Subsection (8), "retail sales of tourist-oriented goods and services"
are calculated by adding the following percentages of sales from each business registered with
the State Tax Commission under one of the following codes of the 2012 North American
Industry Classification System of the federal Executive Office of the President, Office of
Management and Budget:
(i) 80% of the sales from each business under NAICS Codes:
(A) 532111 Passenger Car Rental;
(B) 53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing;
(C) 5615 Travel Arrangement and Reservation Services;
(D) 7211 Traveler Accommodation; and
(E) 7212 RV (Recreational Vehicle) Parks and Recreational Camps;
(ii) 25% of the sales from each business under NAICS Codes:
(A) 51213 Motion Picture and Video Exhibition;
(B) 532292 Recreational Goods Rental;
(C) 711 Performing Arts, Spectator Sports, and Related Industries;
(D) 712 Museums, Historical Sites, and Similar Institutions; and
(E) 713 Amusement, Gambling, and Recreation Industries;
(iii) 20% of the sales from each business under NAICS Code 722 Food Services and
Drinking Places;
(iv) 18% of the sales from each business under NAICS Codes:
(A) 447 Gasoline Stations; and
(B) 81293 Parking Lots and Garages;
(v) 14% of the sales from each business under NAICS Code 8111 Automotive Repair
and Maintenance; and
(vi) 5% of the sales from each business under NAICS Codes:
(A) 445 Food and Beverage Stores;
(B) 446 Health and Personal Care Stores;
(C) 448 Clothing and Clothing Accessories Stores;
(D) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores;
(E) 452 General Merchandise Stores; and
(F) 453 Miscellaneous Store Retailers.
(9) (a) For each fiscal year, the office shall allocate 20% of the funds appropriated to
the Tourism Marketing and Performance Account to the cooperative program described in this
Subsection (9).
(b) Money allocated to the cooperative program may be awarded to cities, counties,
nonprofit destination marketing organizations, and similar public entities for the purpose of
supplementing money committed by these entities for advertising and promoting sites and
events in the state.
(c) The office shall establish:
(i) an application and approval process for an entity to receive a cooperative program
award, including an application deadline;
(ii) the criteria for awarding a cooperative program award, which shall emphasize
attracting out-of-state visitors, and may include attracting in-state visitors, to sites and events in
the state; and
(iii) eligibility, advertising, timing, and reporting requirements of an entity that
receives a cooperative program award.
(d) Money allocated to the cooperative program that is not used in each fiscal year shall
be returned to the Tourism Marketing Performance Account.
Section 74. Section 
67-1-2.5
 is amended to read:
67-1-2.5.
Executive boards -- Database -- Governor's review of new boards.
(1) As used in this section:
(a) "Administrator" means the boards and commissions administrator designated under
Subsection [
(2)
] 
(3)
.
(b) "Executive board" means [
any
] 
an
 executive branch board, commission, council,
committee, working group, task force, study group, advisory group, or other body
:
(i)
 with a defined limited membership
;
(ii)
 that is created [
to operate for more than six months
] by the constitution, by statute,
by executive order, by the governor, lieutenant governor, attorney general, state auditor, or state
treasurer or by the head of a department, division, or other administrative subunit of the
executive branch of state government[
.
]
; and
(iii) that is created to operate for more than six months.
(2) (a) [
Before September
] 
Except as provided in Subsection (2)(c), before August
of
the calendar year following the year in which [
the Legislature creates
] a new executive board 
is
created in statute
, the governor shall:
(i) review the executive board to evaluate:
(A) whether the executive board accomplishes a substantial governmental interest; and
(B) whether it is necessary for the executive board to remain in statute;
(ii) in the governor's review [
under
] 
described in
 Subsection (2)(a)(i), consider:
(A) the funding required for the executive board;
(B) the staffing resources required for the executive board;
(C) the time members of the executive board are required to commit to serve on the
executive board; and
(D) whether the responsibilities of the executive board could reasonably be
accomplished through an existing entity or without statutory direction; and
(iii) submit a report to the Government Operations Interim Committee recommending
that the Legislature:
(A) repeal the executive board;
(B) add a sunset provision or future repeal date to the executive board;
(C) make other changes to make the executive board more efficient; or
(D) make no changes to the executive board.
(b) In conducting the evaluation [
and making the report
] described in Subsection
(2)(a), the governor shall give deference to:
(i) reducing the size of government; and
(ii) making governmental programs more efficient and effective.
[
(c) Upon receipt of a report from the governor under Subsection (2)(a)(iii), the
Government Operations Interim Committee shall vote on whether to address the
recommendations made by the governor in the report and prepare legislation accordingly.
]
(c) The governor is not required to conduct the review or submit the report described in
Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I, Chapter 1,
Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal Dates by Title Act.
(3) (a) The governor shall designate a board and commissions administrator from the
governor's staff to maintain a computerized database containing information about all
executive boards.
(b) The administrator shall ensure that the database contains:
(i) the name of each executive board;
(ii) the 
current
 statutory or constitutional authority for the creation of the executive
board;
(iii) the sunset date on which each executive board's statutory authority expires;
(iv) the state officer or department and division of state government under whose
jurisdiction the executive board operates or with which the executive board is affiliated, if any;
(v) the name, address, gender, telephone number, and county of each individual
currently serving on the executive board, along with a notation of all vacant or unfilled
positions;
(vi) the title of the position held by the person who appointed each member of the
executive board;
(vii) the length of the term to which each member of the executive board was
appointed and the month and year that each executive board member's term expires;
(viii) whether or not members appointed to the executive board require consent of the
Senate;
(ix) the organization, interest group, profession, local government entity, or geographic
area that an individual appointed to an executive board represents, if any;
(x) the party affiliation of an individual appointed to an executive board, if the statute
or executive order creating the position requires representation from political parties;
(xi) whether each executive board is a policy board or an advisory board;
(xii) whether the executive board has or exercises rulemaking authority; and
(xiii) any compensation and expense reimbursement that members of the executive
board are authorized to receive.
(4) The administrator shall [
place the following on the
] 
ensure the
 governor's website
includes
:
(a) the information contained in the database[
;
]
, except for an individual's:
(i) physical address;
 (ii) email address; and
(iii) telephone number;
(b) a portal, accessible on each executive board's web page within the governor's
website, through which a member of the public may provide input on:
(i) an individual appointed to serve on the executive board; or
(ii) a sitting member of the executive board;
[
(b)
] 
(c)
 each report the administrator receives under Subsection (5); and
[
(c)
] 
(d)
 the summary report described in Subsection (6).
(5) (a) Before August 1 [
of each year
]
, once every five years, beginning in calendar
year 2024
, each executive board shall prepare and submit to the administrator [
an annual
] 
a
report that includes:
(i) the name of the executive board;
(ii) a description of the executive board's official function and purpose;
(iii) a description of the [
actual work performed
] 
actions taken
 by the executive board
since the last report the executive board submitted to the administrator under this Subsection
(5);
[
(iv) a description of actions taken by the executive board since the last report the
executive board submitted to the administrator under this Subsection (5);
]
[
(v)
] 
(iv)
 recommendations on whether any statutory, rule, or other changes are needed
to make the executive board more effective; and
[
(vi)
] 
(v)
 an indication of whether the executive board should continue to exist.
(b) The administrator shall compile and post the reports described in Subsection (5)(a)
to the governor's website before September 1 of [
each year.
] 
a calendar year in which the
administrator receives a report described in Subsection (5)(a).
[
(c) An executive board is not required to submit a report under this Subsection (5) if
the executive board:
]
[
(i) is also a legislative board under Section 
36-12-22
; and
]
[
(ii) submits a report under Section 
36-12-22
.
]
[
(6) (a) The administrator shall prepare, publish, and distribute an annual report by
September 1 of each year that includes:
]
[
(i) as of August 1 of that year:
]
(6) (a) Before September 1 of a calendar year in which the administrator receives a
report described in Subsection (5)(a), the administrator shall prepare a report that includes:
[
(A)
] 
(i) as of July 1 of that year,
 the total number of executive boards 
that exist
;
[
(B) the name of each of those executive boards and the state officer or department and
division of state government under whose jurisdiction the executive board operates or with
which the executive board is affiliated, if any;
]
[
(C) for each state officer and each department and division, the total number of
executive boards under the jurisdiction of or affiliated with that officer, department, and
division;
]
[
(D) the total number of members for each of those executive boards;
]
[
(E) whether or not some or all of the members of each of those executive boards are
approved by the Senate;
]
[
(F) whether each board is a policymaking board or an advisory board and the total
number of policy boards and the total number of advisory boards; and
]
[
(G) the compensation, if any, paid to the members of each of those executive boards;
and
]
(ii) a summary of the reports submitted to the administrator under Subsection (5),
including:
(A) a list of each executive board that submitted a report under Subsection (5);
(B) a list of each executive board that did not submit a report under Subsection (5);
(C) an indication of any recommendations made under Subsection (5)(a)[
(v)
]
(iv)
; and
(D) a list of any executive boards that indicated under Subsection (5)(a)[
(vi)
]
(v)
 that
the executive board should no longer exist[
.
]
; and
(iii) a list of each executive board, identified and reported by the Division of Archives
and Record Services under Section 
63F-1-701
, that did not post a notice of a public meeting on
the public notice website during the previous fiscal year.
[
(b) The administrator shall distribute copies of the report described in Subsection
(6)(a) to:
]
[
(i) the governor;
]
(b) On or before September 1 of a calendar year in which the administrator prepares a
report described in Subsection (6)(a), in accordance with Section 
68-3-14
, the administrator
shall submit the report to:
[
(ii)
] 
(i)
 the president of the Senate;
[
(iii)
] 
(ii)
 the speaker of the House 
of Representatives
; 
and
[
(iv) the Office of Legislative Research and General Counsel;
]
[
(v)
] 
(iii)
 the Government Operations Interim Committee[
; and
]
.
[
(vi) any other persons who request a copy of the annual report.
]
[
(c) Each year, the Government Operations Interim Committee shall prepare legislation
making any changes the committee determines are suitable with respect to the report the
committee receives under Subsection (6)(b), including:
]
[
(i) repealing an executive board that is no longer functional or necessary; and
]
[
(ii) making appropriate changes to make an executive board more effective.
]
Section 75. Section 
71-7-3
 is amended to read:
71-7-3.
Development, operation, and maintenance of Utah Veterans Cemetery
and Memorial Park -- Responsibilities of Department of Veterans and Military Affairs --
Costs -- Definition.
(1) The Department of Veterans and Military Affairs[
, in consultation with the
Veterans Memorial Park Board,
] shall develop, operate, and maintain a veterans cemetery and
memorial park.
(2) To help pay the costs of developing, constructing, operating, and maintaining a
veterans cemetery and memorial park, the Department of Veterans and Military Affairs may:
(a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
Funds Procedures Act, receive federal funds, and may receive state funds, contributions from
veterans organizations, and other private donations; and
(b) charge fees for at least the cost of the burial of a veteran's spouse and any other
persons, whom the department [
and the Veterans Memorial Park Board
] determines are eligible
to be buried in a veterans cemetery established by the state.
(3) "Veteran" has the same meaning as defined in Section 
68-3-12.5
.
Section 76. 
Repealer.
This bill repeals:
Section 
4-30-103
,
Livestock Market Committee created -- Composition -- Terms --
Removal -- Compensation -- Duties.
Section 
9-6-801
,
Title.
Section 
9-6-802
,
Definitions.
Section 
9-6-803
,
Arts and Culture Business Alliance -- Creation -- Members --
Vacancies.
Section 
9-6-804
,
Alliance duties.
Section 
9-6-805
,
Staff support -- Rulemaking.
Section 
9-7-301
,
Board of control.
Section 
23-14-2.8
,
Private Aquaculture Advisory Council.
Section 
26-39-202
,
Members serve without pay -- Reimbursement for expenses.
Section 
38-11-104
,
Board.
Section 
53-3-908
,
Advisory committee.
Section 
58-46a-201
,
Board.
Section 
58-64-201
,
Board.
Section 
63M-3-101
,
Title.
Section 
63M-3-102
,
Legislative findings -- Purpose of act.
Section 
63M-3-103
,
Definitions.
Section 
63M-3-201
,
Contract for pilot plant -- Contents -- Financing --
Termination of contract.
Section 
63M-3-202
,
Intellectual properties discovered or developed -- Ownership --
Patenting -- Licensing.
Section 
63M-10-202
,
Establishment of local oversight committees -- Interagency
information sharing.
Section 
71-7-4
,
Veterans Memorial Park Board -- Members -- Appointment --
Meetings -- Per diem and travel expenses.
Section 77. 
 Coordinating H.B. 10 with H.B. 46 -- Substantive language.
If this H.B. 10 and H.B. 46, Arts and Museums Revisions, both pass and become law, it
is the intent of the Legislature that the Office of Legislative Research and General Counsel
prepare the Utah Code database for publication by amending Subsections 
63I-1-209
(1) and (2)
to read:
"(1) Section 
9-6-303
, which creates the Arts Collection Committee, is repealed July 1,
2027.
(2) Section 
9-6-305
, which creates the Utah Museums Advisory Board, is repealed July
1, 2027.".
Section 78. 
 Coordinating H.B. 10 with S.B. 60 -- Superseding technical and
substantive amendments.
If this H.B. 10 and S.B. 60, Advice and Consent Amendments, both pass and become
law, it is the intent of the Legislature that the amendments to Section 
26-21-3
 in this bill
supersede the amendments to Section 
26-21-3
 in S.B. 60 when the Office of Legislative
Research and General Counsel prepares the Utah Code database for publication.