Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 72 (2020GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies parts of the Utah Code to make technical corrections, including eliminating references to repealed provisions, eliminating redundant or obsolete language, making minor wording changes, updating cross-references, and correcting numbering and other errors.

Every vote on this bill

Bill text

REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
Francis D. Gibson
LONG TITLE
General Description:
This bill modifies parts of the Utah Code to make technical corrections.
Highlighted Provisions:
This bill:
▸ modifies parts of the Utah Code to make technical corrections, including
eliminating references to repealed provisions, eliminating redundant or obsolete
language, making minor wording changes, updating cross-references, and correcting
numbering and other errors.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
3-1-11
, as last amended by Laws of Utah 2010, Chapter 378
4-4-107
, as enacted by Laws of Utah 2019, Chapter 138
4-5-104
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-10-106
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-15-110
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-16-501
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-32a-208
, as enacted by Laws of Utah 2019, Chapter 315
7-3-3
, as last amended by Laws of Utah 2013, Chapter 73
7-25-102
, as last amended by Laws of Utah 2019, Chapter 353
10-1-307
, as last amended by Laws of Utah 2011, Chapter 309
10-1-405
, as last amended by Laws of Utah 2012, Chapter 422
10-5-132
, as last amended by Laws of Utah 2019, Chapter 20
11-13-602
, as enacted by Laws of Utah 2016, Chapter 382
11-17-2
, as last amended by Laws of Utah 2016, Chapter 176
11-59-202
, as enacted by Laws of Utah 2018, Chapter 388
13-32a-104
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-110
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-111
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-112
, as last amended by Laws of Utah 2019, Chapter 309
16-6a-1008.7
, as last amended by Laws of Utah 2013, Chapter 412
17-27a-602
, as last amended by Laws of Utah 2019, Chapter 384
17-27a-604.5
, as last amended by Laws of Utah 2019, Chapter 384
17-50-335
, as last amended by Laws of Utah 2016, Chapter 371
17B-1-202
, as last amended by Laws of Utah 2016, Chapter 371
17B-2a-1207
, as enacted by Laws of Utah 2019, Chapter 490
17D-1-103
, as last amended by Laws of Utah 2018, Chapter 256
17D-1-201
, as last amended by Laws of Utah 2016, Chapter 371
19-1-404
, as last amended by Laws of Utah 2014, Chapter 295
19-2-104
, as last amended by Laws of Utah 2015, Chapter 154
19-6-102.1
, as last amended by Laws of Utah 2018, Chapter 281
19-6-104
, as last amended by Laws of Utah 2019, Chapter 152
19-6-715
, as last amended by Laws of Utah 2011, Chapter 309
19-6-808
, as last amended by Laws of Utah 2011, Chapter 309
20A-1-102
, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
20A-3-302
, as last amended by Laws of Utah 2019, Chapter 255
20A-7-402
, as last amended by Laws of Utah 2019, Chapters 203, 255 and last
amended by Coordination Clause, Laws of Utah 2019, Chapter 203
26-18-416
, as last amended by Laws of Utah 2019, Chapters 136 and 393
26-19-302
, as renumbered and amended by Laws of Utah 2018, Chapter 443
26-61a-113
, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
26-61a-301
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-602
, as repealed and reenacted by Laws of Utah 2019, First Special Session,
Chapter 5
26-61a-604
, as repealed and reenacted by Laws of Utah 2019, First Special Session,
Chapter 5
26-61a-702
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
30-3-37
, as last amended by Laws of Utah 2014, Chapter 162
31A-2-218
, as last amended by Laws of Utah 2015, Chapter 283
31A-30-106.1
, as last amended by Laws of Utah 2017, Chapter 168
31A-30-112
, as last amended by Laws of Utah 2013, Chapter 341
31A-30-115
, as last amended by Laws of Utah 2013, Chapters 319 and 341
31A-30-117
, as last amended by Laws of Utah 2015, Chapter 283
32B-7-408
, as enacted by Laws of Utah 2019, Chapter 403
32B-10-206
, as enacted by Laws of Utah 2010, Chapter 276
32B-10-605
, as enacted by Laws of Utah 2010, Chapter 276
32B-12-301
, as enacted by Laws of Utah 2010, Chapter 276
34A-1-205
, as last amended by Laws of Utah 2013, Chapter 428
34A-2-109
, as renumbered and amended by Laws of Utah 1997, Chapter 375
35A-1-104.5
, as last amended by Laws of Utah 2015, Chapter 283
35A-3-203
, as last amended by Laws of Utah 2019, Chapter 89
38-11-202
, as last amended by Laws of Utah 2018, Chapter 229
41-1a-422
, as last amended by Laws of Utah 2019, Chapters 38 and 213
41-1a-1008
, as last amended by Laws of Utah 2013, Chapter 463
41-3-105
, as last amended by Laws of Utah 2018, Chapter 387
41-6a-102
, as last amended by Laws of Utah 2019, Chapters 49, 391, 428, and 459
51-11-102
, as enacted by Laws of Utah 2018, Chapter 253
53E-1-201
, as last amended by Laws of Utah 2019, Chapter 324 and last amended by
Coordination Clause, Laws of Utah 2019, Chapters 41, 205, 223, 342, 446, and 476
53E-1-202
, as enacted by Laws of Utah 2019, Chapter 324 and last amended by
Coordination Clause, Laws of Utah 2019, Chapter 223
53E-7-204
, as repealed and reenacted by Laws of Utah 2019, Chapter 187 and last
amended by Coordination Clause, Laws of Utah 2019, Chapter 187
53E-7-208
, as repealed and reenacted by Laws of Utah 2019, Chapter 187
53E-8-403
, as last amended by Laws of Utah 2019, Chapter 314
53F-2-504
, as last amended by Laws of Utah 2019, Chapters 134, 186, and 283
53F-5-202
, as last amended by Laws of Utah 2019, Chapters 186 and 283
53F-5-212
, as enacted by Laws of Utah 2019, Chapter 173
53F-9-201
, as last amended by Laws of Utah 2019, Chapter 191
53G-7-306
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-903
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-8-402
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-8-405
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-9-208
, as last amended by Laws of Utah 2019, Chapters 293 and 349
53G-10-402
, as last amended by Laws of Utah 2019, Chapters 196 and 293
53G-11-501
, as last amended by Laws of Utah 2019, Chapter 293
58-1-501.7
, as last amended by Laws of Utah 2019, Chapter 193
58-9-102
, as last amended by Laws of Utah 2018, Chapter 326
58-28-606
, as enacted by Laws of Utah 2015, Chapter 61
58-37-8
, as last amended by Laws of Utah 2019, Chapter 58
59-2-919
, as last amended by Laws of Utah 2019, Chapters 322 and 450
59-2-924
, as last amended by Laws of Utah 2018, Chapters 101, 368, and 415
59-2-1905
, as enacted by Laws of Utah 2019, Chapter 453
59-7-104
, as last amended by Laws of Utah 2019, Chapter 418
59-7-610
, as last amended by Laws of Utah 2019, Chapter 247
59-7-614.10
, as last amended by Laws of Utah 2019, Chapter 247
59-7-624
, as enacted by Laws of Utah 2019, Chapter 247
59-10-136
, as last amended by Laws of Utah 2019, Chapter 323
59-10-1007
, as last amended by Laws of Utah 2019, Chapter 247
59-10-1037
, as last amended by Laws of Utah 2019, Chapter 247
59-10-1112
, as enacted by Laws of Utah 2019, Chapter 247
59-12-102
, as last amended by Laws of Utah 2019, Chapters 325, 481, and 486
59-12-104
, as last amended by Laws of Utah 2019, Chapters 136 and 486
59-26-104
, as last amended by Laws of Utah 2011, Chapter 309
62A-4a-202.9
, as enacted by Laws of Utah 2017, Chapter 459
63A-5-225
, as last amended by Laws of Utah 2019, Chapter 246
63F-2-102
, as last amended by Laws of Utah 2018, Chapter 81
63G-1-401
, as last amended by Laws of Utah 2019, Chapters 47, 82, 91, 123, 308, and
310
63G-6a-204
, as last amended by Laws of Utah 2019, Chapter 454
63G-6a-712
, as enacted by Laws of Utah 2018, Chapter 352
63G-6a-1209
, as enacted by Laws of Utah 2013, Chapter 445
63G-6a-1403
, as last amended by Laws of Utah 2017, Chapter 348
63H-1-201
, as last amended by Laws of Utah 2017, Chapter 216
63I-1-230
, as last amended by Laws of Utah 2018, Chapter 347
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-1-263
, 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-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
63I-2-231
, as last amended by Laws of Utah 2019, Chapter 55
63I-2-235
, as last amended by Laws of Utah 2018, Chapter 423
63I-2-253
, as last amended by Laws of Utah 2019, Chapters 41, 129, 136, 223, 324,
325, and 444
63I-2-258
, as last amended by Laws of Utah 2018, Chapter 38
63I-2-259
, as last amended by Laws of Utah 2018, Second Special Session, Chapter 6
63I-2-263
, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
and 483
63I-2-272
, as last amended by Laws of Utah 2019, Chapters 136 and 246
63J-4-608
, as enacted by Laws of Utah 2019, Chapter 374
63M-2-503
, as last amended by Laws of Utah 2019, Chapter 352
63M-2-504
, as last amended by Laws of Utah 2019, Chapter 352
63M-7-202
, as last amended by Laws of Utah 2019, Chapter 401
63M-13-202
, as enacted by Laws of Utah 2019, Chapter 34
63N-1-501
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-4-302
, as last amended by Laws of Utah 2019, Chapter 465
64-13e-102
, as last amended by Laws of Utah 2018, Chapter 374
72-16-306
, as enacted by Laws of Utah 2019, Chapter 244
73-10-1
, as last amended by Laws of Utah 2007, Chapter 329
75-9-105
, as enacted by Laws of Utah 2016, Chapter 256
76-5-702
, as enacted by Laws of Utah 2019, Chapter 398
77-18-1
, as last amended by Laws of Utah 2019, Chapters 28 and 429
77-40-102
 (Effective 05/01/20)
, as last amended by Laws of Utah 2019, Chapter 448
78A-6-115
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
78B-6-133
, as last amended by Laws of Utah 2019, Chapter 335
REPEALS:
19-2-305
, as enacted by Laws of Utah 2015, Chapter 381
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
3-1-11
 is amended to read:
3-1-11.
Certificates of and termination of membership -- Dividends and
distribution of reserves -- Preferred stock -- Certificates of interest -- Unclaimed credits.
(1) No certificate for membership or stock shall be issued until fully paid for, but
bylaws may provide that a member may vote and hold office prior to payment in full for his
membership or stock.
(2) Dividends in excess of eight per centum per annum on the actual cash value of the
consideration received by the association may not be paid on common stock or membership
capital, but dividends may be cumulative if so provided in the articles or bylaws.
(3) (a) Savings in excess of dividends and additions to reserves and surplus shall be
distributed on the basis of patronage.
(b) The bylaws may provide that any distribution to a nonmember, who is eligible for
membership, may be credited to that nonmember until the amount of the distribution equals the
value of a membership certificate, or a share of the association's common stock.
(c) The distribution credited to the account of the nonmember may be transferred to the
membership fund at the option of the board, if, after two years, the amount is less than the
value of the membership certificate or a share of common stock.
(4) (a) The bylaws shall provide the time and manner of settlement of membership
interests with members who withdraw from the association or whose membership is otherwise
terminated.
(b) Provisions for forfeiture of membership interests may be made in the bylaws.
(c) After the termination of the membership, for whatever cause, the withdrawing
member shall exercise no further control over the facilities, assets, or activities of the
association. The withdrawing member may not claim or receive any assets of the association
except as follows:
(i) undistributed patronage allocated to the withdrawing member may be paid to the
withdrawing member pursuant to the association's bylaws;
(ii) the withdrawing member may be reimbursed for the par value of membership or
stock in the association pursuant to the association's articles, bylaws, and membership
agreement; and
(iii) the withdrawing member shall receive any distributions to which the member is
entitled pursuant to Subsection 
3-1-20
(3)(d).
(5) (a) An association may issue preferred stock to members and nonmembers.
(b) Preferred stock may be redeemed or retired by the association on the terms and
conditions as are provided in the articles or bylaws and printed on the stock certificates.
(c) Preferred stockholders may not vote, but no change in their priority or preference
rights shall be effective until the written consent of the holders of a majority of the preferred
stock has been obtained.
(d) Payment for preferred stock may be made in cash, services, or property on the basis
of the fair value of the stock, services, and property, as determined by the board.
(6) (a) The association may issue to each member a certificate of interest evidencing
the member's interest in any fund, capital investment, or other assets of the association.
(b) Those certificates may be transferred only to the association, or to other purchasers,
as approved by the board of directors, under the terms and conditions provided for in the
bylaws.
(7) (a) As used in this Subsection (7), "reasonable effort" means:
(i) a letter to a member's or former member's last-known address, a listing of unclaimed
credits in an association publication, and the posting of a list of unclaimed credits at the
association's principal place of business; and
(ii) publishing a list of the unclaimed credits exceeding $25 each, or greater, in a
newspaper of general circulation in the area where the association's principal offices are
located.
(b) The association may retain revolving certificates of interest described in this
Subsection (7) as an exception to the provisions of Title 67, Chapter 4a, Revised Uniform
Unclaimed Property Act, if:
(i) the board of directors of the association determines to revolve the certificates and
the certificates remain unclaimed by the association's members or former members for five
years after the credit is declared;
(ii) the association is authorized to retain those credits by its bylaws;
(iii) the board of directors of the association approves the retention; and
(iv) before retaining the credits, the association makes a reasonable effort to locate and
communicate the issuance of the credits to the members or former members.
(c) (i) The board of directors may either add the unclaimed credits as a contribution to
the capital fund, or use them to establish an agricultural educational program as described in
Subsection (7)(c)(ii).
(ii) If the board of directors chooses to use the unclaimed credits to establish an
agricultural educational program, it shall establish an agricultural educational program to:
(A) provide scholarships for low income and worthy students to colleges and
universities;
(B) provide funding for director training and education;
(C) provide funds for cooperative education programs in secondary or higher education
institutions; or
(D) provide other educational opportunities.
(iii) The board of directors may not distribute unclaimed credits to current patrons of
the association.
(iv) Upon dissolution of an association, the board of directors shall report and remit
unclaimed credits to the Division of Unclaimed Property.
(d) (i) Each association that applies credits under Subsection (7)(c) during a calendar
year shall file an annual report with the State Treasurer by April 15 of the following year.
(ii) The report shall specify:
(A) the dollar amount of credits applied during the year;
(B) the dollar amount of [
credit
] 
credits
 paid to claimants during the year; and
(C) the aggregate dollar amount of credits applied since January 1, 1996.
(e) At any time after the association retains credits under this Subsection (7), the
association shall pay the members, former members, or their successors in interest, the value of
the credit, without interest, if the members, former members, or their successors in interest:
(i) file a written claim for payment with the association; and
(ii) surrender the certificate issued by the association that evidences the credit.
Section 2. Section 
4-4-107
 is amended to read:
4-4-107.
Exemptions from regulation.
(1) Except as provided in this section, a small producer and the shell eggs produced by
a small producer [
is
] 
are
 exempt from regulation by the department.
(2) The Department of Health has the authority to investigate foodborne illness.
(3) The department may assist, consult, or inspect shell eggs when requested by a small
producer.
(4) Nothing in this section affects the authority of the Department of Health or the
department to certify, license, regulate, or inspect food or food products that are not exempt
from certification, licensing regulation, or inspection under this section.
(5) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to govern the temperature, cleaning, and sanitization of shell
eggs under this chapter that are sold by a small producer to a restaurant.
(6) Eggs sold by a small producer pursuant to this chapter are exempt from the
restricted egg tolerances for United States Consumer Grade B as specified in the United States
Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by
the Agricultural Marketing Service of United States Agriculture Department.
Section 3. Section 
4-5-104
 is amended to read:
4-5-104.
Authority to make and enforce rules.
(1) The department may adopt rules to efficiently enforce this chapter, and if
practicable, adopt rules that conform to the regulations adopted under the Federal Food, Drug,
and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
(2) Hearings authorized or required by this chapter shall be conducted by the
department or by an officer, agent, or employee designated by the department.
(3) (a) Except as provided by Subsection (3)(b), all pesticide chemical regulations and
their amendments now or hereafter adopted under authority of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the pesticide chemical regulations in this state.
(b) The department may adopt a rule that prescribes tolerance for pesticides in finished
foods in this state whether or not in accordance with regulations promulgated under the federal
act.
(4) (a) Except as provided by Subsection (4)(b), all food additive regulations and their
amendments now or hereafter adopted under authority of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the food additive regulations in this state.
(b) The department may adopt a rule that prescribes conditions under which a food
additive may be used in this state whether or not in accordance with regulations promulgated
under the federal act.
(5) All color additive regulations adopted under authority of the Federal Food, Drug,
and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the color additive rules in this state.
(6) (a) Except as provided by Subsection (6)(b), all special dietary use regulations
adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et
seq., are the special dietary use rules in this state.
(b) The department may, if it finds it necessary to inform purchasers of the value of a
food for special dietary use, prescribe special dietary use rules whether or not in accordance
with regulations promulgated under the federal act.
(7) (a) Except as provided by Subsection (7)(b), all regulations adopted under the Fair
Packaging and Labeling Act, 15 U.S.C. Sec. 1453 et seq., shall be the rules in this state.
(b) Except as provided by Subsection (7)(c), the department may, if it finds it necessary
in the interest of consumers, prescribe package and labeling rules for consumer commodities,
whether or not in accordance with regulations promulgated under the federal act.
(c) The department may not adopt rules that are contrary to the labeling requirements
for the net quantity of contents required according to 15 U.S.C. Sec. 1453(a)(4).
(8) (a) A federal regulation automatically adopted according to this chapter takes effect
in this state on the date it becomes effective as a federal regulation.
(b) The department shall publish all other proposed rules in publications prescribed by
the department.
(c) (i) A person who may be adversely affected by a rule may, within 30 days after a
federal regulation is automatically adopted, or within 30 days after publication of any other
rule, file with the department, in writing, objections and a request for a hearing.
(ii) The timely filing of substantial objections to a federal regulation automatically
adopted stays the effect of the rule.
(d) (i) If no substantial objections are received and no hearing is requested within 30
days after publication of a proposed rule, it shall take effect on a date set by the department.
(ii) The effective date shall be at least 60 days after the time for filing objections has
expired.
(e) (i) If timely substantial objections are made to a federal regulation within 30 days
after it is automatically adopted or to a proposed rule within 30 days after it is published, the
department, after notice, shall conduct a public hearing to receive evidence on the issues raised
by the objections.
(ii) Any interested person or the person's representative may be heard.
(f) (i) The department shall act upon objections by order and shall mail the order to
objectors by certified mail as soon after the hearing as practicable.
(ii) The order shall be based on substantial evidence in the record of the hearing.
(g) (i) If the order concerns a proposed rule, [
it
] 
the department
 may withdraw [
it
] 
the
rule
 or set an effective date for the rule as published or as modified by the order.
(ii) The effective date shall be at least 60 days after publication of the order.
(9) Whenever a regulation is promulgated under authority of the Federal Food, Drug,
and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., establishing standards for food, the tolerances
established by the department under this chapter shall immediately conform to the standards
established by the Federal Food and Drug Administration as herein provided and shall remain
the same until the department determines that for reasons peculiar to Utah a different rule
should apply.
Section 4. Section 
4-10-106
 is amended to read:
4-10-106.
Unlawful acts specified.
It is unlawful for any person to:
(1) sell bedding, upholstered furniture, quilted clothing, or filling material as new
unless it is made from new material and properly tagged;
(2) sell bedding, upholstered furniture, quilted clothing or filling material made from
secondhand material which is not properly tagged;
(3) label or sell a used or secondhand article as if it were a new article;
(4) use burlap or other material which has been used for packing or baling, or to use
any unsanitary, filthy, or vermin or insect [
infected
] 
infested
 filling material in the manufacture
or repair of any article;
(5) sell bedding, upholstered furniture, quilted clothing or filling material which is not
properly tagged regardless of point of origin;
(6) use any false or misleading statement, term, or designation on any tag;
(7) use any false or misleading label;
(8) sell new bedding, upholstered furniture, or quilted clothing with filling material
made of down, feather, wool, or hair that has not been properly sterilized; or
(9) engage in the manufacture, repair, sterilization, or wholesale sale of bedding,
upholstered furniture, quilted clothing, or filling material without a license as required by this
chapter.
Section 5. Section 
4-15-110
 is amended to read:
4-15-110.
Nursery stock offered or advertised for sale -- Unlawful to misrepresent
name, origin, grade, variety, quality, or vitality -- Information required in
advertisements.
(1) A person shall not misrepresent the name, origin, grade, variety, quality, or [
indice
]
indicia
 of vitality of any nursery stock advertised or offered for sale at a nursery or nursery
outlet.
(2) All advertisements of nursery stock shall clearly state the name, size, and grade of
the stock where applicable.
Section 6. Section 
4-16-501
 is amended to read:
4-16-501.
Chapter does not apply to seed not intended for sowing, to seed at seed
processing plant, or to seed transported or delivered for transportation in the ordinary
course of business.
(1) This chapter does not apply to:
(a) seed or grain not intended for sowing;
(b) subject to Subsection (2), seed at, or consigned to, a seed processing or cleaning
plant; or
(c) to any carrier in respect to any seed transported or delivered for transportation in the
ordinary course of its business as a carrier.
(2) Any label or other representation which is made with respect to seed described in
Subsection (1)(b) 
that
 is made with respect to the uncleaned or unprocessed seed is subject to
this chapter.
(3) A carrier described in Subsection (1)(c) may not be engaged in producing,
processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or seeds for
sprouting.
Section 7. Section 
4-32a-208
 is amended to read:
4-32a-208.
Rulemaking.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
this part, the department shall make rules regarding:
(a) antemortem inspection, in accordance with 9 C.F.R. Sec. 352.10;
(b) postmortem inspection of the domesticated game carcass to ensure the
domesticated game carcass is clean and wholesome, including inspection of the kidneys and
abdominal and thoracic viscera;
(c) slaughter area and facilities requirements;
(d) personal cleanliness of individuals involved in domesticated game slaughter;
(e) skinning, hoisting, bleeding, and evisceration of domesticated game [
animals
];
(f) chronic wasting disease testing requirements, surveillance, investigation, and
follow-up, in accordance with department rule;
(g) tags and tagging procedure to maintain carcass identification;
(h) procedure for transportation of a domesticated game carcass; and
(i) packaging and labeling of domesticated game products.
(2) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, regarding labeling a domesticated game carcass as
slaughtered:
(a) with inspection and processed at a farm custom slaughter facility; or
(b) with inspection and the domesticated game carcass released to a licensed food
establishment for processing and sale to a consumer.
(3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that allow:
(a) a person with a farm custom slaughter license to slaughter and process
domesticated game in accordance with this part; and
(b) a facility licensed to perform custom exempt processing, as defined in Section
4-32-105
, to process slaughtered domesticated game in accordance with this part.
Section 8. Section 
7-3-3
 is amended to read:
7-3-3.
"Banking business" defined -- Credit card banks -- Insurance of deposit
accounts.
(1) (a) Except as provided under Subsection (1)(b), a person is considered to be
conducting a banking business and is a bank subject to the provisions of this title that are
applicable to banks if the person is authorized:
(i) under the laws of this:
(A) state;
(B) another state;
(C) the United States;
(D) the District of Columbia; or
(E) a territory of the United States; and
(ii) (A) to accept deposits from the public; and
(B) to conduct such other business activities as may be authorized by statute or by the
commissioner in accordance with Subsection 
7-3-10
(3).
(b) A person is not considered to be a bank subject to the provisions of this title that are
applicable to banks if the person is authorized to conduct the business of:
(i) a federal savings and loan association;
(ii) a federal savings bank;
(iii) an industrial bank subject to Chapter 8, Industrial Banks;
(iv) a federally chartered credit union; or
(v) a credit union subject to Chapter 9, Utah Credit Union Act.
(2) A person authorized to operate as a bank in this state may operate as a credit card
bank if it:
(a) engages only in credit card operations;
(b) does not accept demand deposits or deposits that the depositor may withdraw by
check or similar means for payment to third parties or others;
(c) does not accept a savings or time [
deposits
] 
deposit
 of less than $100,000;
(d) maintains only one office that accepts deposits; and
(e) does not engage in the business of making commercial loans.
(3) All deposit accounts in banks or branches subject to the jurisdiction of the
department shall be insured by the Federal Deposit Insurance Corporation or a successor to the
Federal Deposit Insurance Corporation.
Section 9. Section 
7-25-102
 is amended to read:
7-25-102.
Definitions.
As used in this chapter:
(1) "Applicant" means a person filing an application for a license under this chapter.
(2) "Authorized agent" means a person designated by the licensee under this chapter to
sell or issue payment instruments or engage in the business of transmitting money on behalf of
a licensee.
(3) "Blockchain" [
or "blockchain technology"
] means an electronic method of storing
data that is:
(a) maintained by consensus of multiple unaffiliated parties;
(b) distributed across multiple locations; and
(c) mathematically verified.
(4) "Blockchain token" means an electronic record that is:
(a) recorded on a blockchain; and
(b) capable of being traded between persons without an intermediary.
(5) "Executive officer" means the licensee's president, chair of the executive
committee, executive vice president, treasurer, chief financial officer, or any other person who
performs similar functions.
(6) "Key shareholder" means a person, or group of persons acting in concert, who is the
owner of 20% or more of a class of an applicant's stock.
(7) "Licensee" means a person licensed under this chapter.
(8) "Material litigation" means litigation that, according to generally accepted
accounting principles, is considered significant to a person's financial health and would be
required to be referenced in an annual audited financial statement, report to shareholders, or
similar document.
(9) (a) "Money transmission" means the sale or issuance of a payment instrument or
engaging in the business of receiving money for transmission or transmitting money within the
United States or to locations abroad by any and all means, including payment instrument, wire,
facsimile, or electronic transfer.
(b) "Money transmission" does not include a blockchain token.
(10) "Nationwide database" means the Nationwide Mortgage Licensing System and
Registry, authorized under 12 U.S.C. Sec. 5101 for federal licensing of mortgage loan
originators.
(11) "Outstanding payment instrument" means a payment instrument issued by the
licensee that has been sold in the United States directly by the licensee or a payment instrument
issued by the licensee that has been sold and reported to the licensee as having been sold by an
authorized agent of the licensee in the United States, and that has not yet been paid by or for
the licensee.
(12) (a) "Payment instrument" means a check, draft, money order, travelers check, or
other instrument or written order for the transmission or payment of money, sold or issued to
one or more persons, whether or not the instrument is negotiable.
(b) "Payment instrument" does not include a credit card voucher, letter of credit, or
instrument that is redeemable by the issuer in goods or services.
(13) "Remit" means either to make direct payment of the money to the licensee or its
representatives authorized to receive the money, or to deposit the money in a depository
institution in an account in the name of the licensee.
Section 10. Section 
10-1-307
 is amended to read:
10-1-307.
Administration, collection, and enforcement of taxes by commission --
Distribution of revenues -- Administrative charge -- Collection of taxes by municipality.
(1) (a) Subject to Subsection (1)(b) and except as provided in Subsection (3), the
commission shall administer, collect, and enforce the municipal energy sales and use tax from
energy suppliers according to the procedures established in:
(i) Title 59, Chapter 1, General Taxation Policies; and
(ii) Title 59, Chapter 12, Part 1, Tax Collection, except for Sections 
59-12-107.1
 and
59-12-123
.
(b) If an energy supplier pays a municipal energy sales and use tax to the commission,
the energy supplier shall pay the municipal energy sales and use tax to the commission:
(i) monthly on or before the last day of the month immediately following the last day of
the previous month if:
(A) the energy supplier is required to file a sales and use tax return with the
commission monthly under Section 
59-12-108
; or
(B) the energy supplier is not required to file a sales and use tax return under Title 59,
Chapter 12, Sales and Use Tax Act; or
(ii) quarterly on or before the last day of the month immediately following the last day
of the previous quarter if the energy supplier is required to file a sales and use tax return with
the commission quarterly under Section [
59-12-108
] 
59-12-107
.
(2) (a) Except as provided in Subsections 
10-1-203
(3)(d), 
10-1-305
(5), and
10-1-310
(2) and subject to Subsection (6), the commission shall pay a municipality the
difference between:
(i) the entire amount collected by the commission from the municipal energy sales and
use tax authorized by this part based on:
(A) the point of sale of the taxable energy if a taxable sale occurs in a municipality that
imposes a municipal energy sales and use tax as provided in this part; or
(B) the point of use of the taxable energy if the use occurs in a municipality that
imposes a municipal energy sales and use tax as provided in this part; and
(ii) the administrative charge described in Subsection (2)(c).
(b) In accordance with Subsection (2)(a), the commission shall transfer to the
municipality monthly by electronic transfer the revenues generated by the municipal energy
sales and use tax levied by the municipality and collected by the commission.
(c) (i) Subject to Subsection (2)(c)(ii), the commission shall retain and deposit an
administrative charge in accordance with Section 
59-1-306
 from revenues the commission
collects from a municipal energy sales and use tax under this part.
(ii) The commission may not retain or deposit an administrative charge from revenues
a municipality collects under Subsection (3) from a tax under this part.
(3) An energy supplier shall pay the municipal energy sales and use tax revenues it
collects from its customers under this part directly to each municipality in which the energy
supplier has sales of taxable energy if:
(a) the municipality is the energy supplier; or
(b) (i) the energy supplier estimates that the municipal energy sales and use tax
collected annually by the energy supplier from its Utah customers equals $1,000,000 or more;
and
(ii) the energy supplier collects the tax imposed by this part.
(4) An energy supplier paying a tax under this part directly to a municipality may retain
the percentage of the tax authorized under Subsection 
59-12-108
(2) for the energy supplier's
costs of collecting and remitting the tax.
(5) An energy supplier paying the tax under this part directly to a municipality shall file
an information return with the commission, at least annually, on a form prescribed by the
commission.
(6) (a) As used in this Subsection (6):
(i) "2005 base amount" means, for a municipality that imposes a municipal energy
sales and use tax, the natural gas portion of municipal energy sales and use tax proceeds paid to
the municipality for fiscal year 2005.
(ii) "2006 base amount" means, for a municipality that imposes a municipal energy
sales and use tax, the natural gas portion of municipal energy sales and use tax proceeds paid to
the municipality for fiscal year 2006, reduced by the 2006 rebate amount.
(iii) "2006 rebate amount" means, for a municipality that imposes a municipal energy
sales and use tax, the difference between:
(A) the natural gas portion of municipal energy sales and use tax proceeds paid to the
municipality for fiscal year 2006; and
(B) the 2005 base amount, plus:
(I) 10% of the 2005 base amount; and
(II) the natural gas portion of municipal energy sales and use tax proceeds paid to the
municipality for fiscal year 2006 attributable to an increase in the rate of the municipal energy
sales and use tax implemented by the municipality during fiscal year 2006.
(iv) "2007 rebate amount" means, for a municipality that imposes a municipal energy
sales and use tax, the difference between:
(A) the natural gas portion of municipal energy sales and use tax proceeds paid to the
municipality for fiscal year 2007; and
(B) the 2006 base amount, plus:
(I) 10% of the 2006 base amount; and
(II) the natural gas portion of municipal energy sales and use tax proceeds paid to the
municipality for fiscal year 2007 attributable to an increase in the rate of the municipal energy
sales and use tax implemented by the municipality during fiscal year 2007.
(v) "Fiscal year 2005" means the period beginning July 1, 2004 and ending June 30,
2005.
(vi) "Fiscal year 2006" means the period beginning July 1, 2005 and ending June 30,
2006.
(vii) "Fiscal year 2007" means the period beginning July 1, 2006 and ending June 30,
2007.
(viii) "Gas supplier" means an energy supplier that supplies natural gas.
(ix) "Natural gas portion" means the amount of municipal energy sales and use tax
proceeds attributable to sales and uses of natural gas.
(b) (i) In December 2006, each gas supplier shall reduce the natural gas portion of
municipal energy sales and use gas proceeds to be paid to a municipality by the 2006 rebate
amount.
(ii) If the 2006 rebate amount exceeds the amount of the natural gas portion of
municipal energy sales and use tax proceeds for December 2006, the gas supplier shall reduce
the natural gas portion of municipal energy sales and use tax proceeds to be paid to a
municipality each month thereafter until the 2006 rebate amount is exhausted.
(iii) For December 2006 and for each month thereafter that the gas supplier is required
under Subsection (6)(b)(ii) to reduce the natural gas portion of municipal energy sales and use
tax proceeds to be paid to a municipality:
(A) each municipality imposing a municipal energy sales and use tax shall provide the
gas supplier with the amount by which its municipal energy sales and use tax rate applicable to
the sales and uses of natural gas would need to be reduced in order to reduce the natural gas
portion of municipal energy sales and use tax proceeds by the same amount as the reduction to
the municipality; and
(B) each gas supplier shall reduce the municipal energy sales and use tax rate
applicable to sales and uses of natural gas by the amount of the tax rate reduction provided by
the municipality.
(c) (i) In December 2007, each gas supplier shall reduce the natural gas portion of
municipal energy sales and use tax proceeds to be paid to a municipality by the 2007 rebate
amount.
(ii) If the 2007 rebate amount exceeds the amount of the natural gas portion of
municipal energy sales and use tax proceeds for December 2007, the gas supplier shall reduce
the natural gas portion of municipal energy sales and use tax proceeds to be paid to a
municipality each month thereafter until the 2007 rebate amount is exhausted.
(iii) For December 2007 and for each month thereafter that the gas supplier is required
under Subsection (6)(c)(ii) to reduce the natural gas portion of municipal energy sales and use
tax proceeds to be paid to a municipality:
(A) each municipality imposing a municipal energy sales and use tax shall provide the
gas supplier with the amount by which its municipal energy sales and use tax rate applicable to
the sales and uses of natural gas would need to be reduced in order to reduce the natural gas
portion of municipal energy sales and use tax proceeds by the same amount as the reduction to
the municipality; and
(B) each gas supplier shall reduce the municipal energy sales and use tax rate
applicable to sales and uses of natural gas by the amount of the tax rate reduction provided by
the municipality.
(d) Nothing in this Subsection (6) may be construed to require a reduction under
Subsection (6)(b) or (c) if the rebate amount is zero or negative.
Section 11. Section 
10-1-405
 is amended to read:
10-1-405.
Collection of taxes by commission -- Uniform interlocal agreement --
Administrative charge -- Rulemaking authority.
(1) Subject to the other provisions of this section, the commission shall collect,
enforce, and administer any municipal telecommunications license tax imposed under this part
pursuant to:
(a) the same procedures used in the administration, collection, and enforcement of the
state sales and use tax under:
(i) Title 59, Chapter 1, General Taxation Policies; and
(ii) Title 59, Chapter 12, Part 1, Tax Collection:
(A) except for:
(I) Subsection 
59-12-103
(2)(i);
(II) Section 
59-12-104
;
(III) Section 
59-12-104.1
;
(IV) Section 
59-12-104.2
;
(V) Section 
59-12-104.3
;
(VI) Section 
59-12-107.1
; and
(VII) Section 
59-12-123
; and
(B) except that for purposes of Section 
59-1-1410
, the term "person" may include a
customer from whom a municipal telecommunications license tax is recovered in accordance
with Subsection 
10-1-403
(2); and
(b) a uniform interlocal agreement between the municipality that imposes the
municipal telecommunications license tax and the commission:
(i) that is executed under Title 11, Chapter 13, Interlocal Cooperation Act;
(ii) that complies with Subsection (2)(a); and
(iii) that is developed by rule in accordance with Subsection (2)(b).
(2) (a) The uniform interlocal agreement described in Subsection (1) shall provide that
the commission shall:
(i) transmit money collected under this part monthly by electronic funds transfer by the
commission to the municipality;
(ii) conduct audits of the municipal telecommunications license tax;
(iii) retain and deposit an administrative charge in accordance with Section 
59-1-306
from revenues the commission collects from a tax under this part; and
(iv) collect, enforce, and administer the municipal telecommunications license tax
authorized under this part pursuant to the same procedures used in the administration,
collection, and enforcement of the state sales and use tax as provided in Subsection (1)(a).
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall develop a uniform interlocal agreement that meets the requirements of this
section.
(3) If a telecommunications provider pays a municipal telecommunications license tax
to the commission, the telecommunications provider shall pay the municipal
telecommunications license tax to the commission:
(a) monthly on or before the last day of the month immediately following the last day
of the previous month if:
(i) the telecommunications provider is required to file a sales and use tax return with
the commission monthly under Section 
59-12-108
; or
(ii) the telecommunications provider is not required to file a sales and use tax return
under Title 59, Chapter 12, Sales and Use Tax Act; or
(b) quarterly on or before the last day of the month immediately following the last day
of the previous quarter if the telecommunications provider is required to file a sales and use tax
return with the commission quarterly under Section [
59-12-108
] 
59-12-107
.
(4) If, on July 1, 2007, a municipality has in effect an ordinance that levies a municipal
telecommunications license tax under this part at a rate that exceeds 3.5%:
(a) except as provided in Subsection (4)(b), beginning on July 1, 2007, the commission
shall collect the municipal telecommunications license tax:
(i) within the municipality;
(ii) at a rate of 3.5%; and
(iii) from a telecommunications provider required to pay the municipal
telecommunications license tax on or after July 1, 2007; and
(b) the commission shall collect a municipal telecommunications license tax within the
municipality at the rate imposed by the municipality if:
(i) after July 1, 2007, the municipality has in effect an ordinance that levies a municipal
telecommunications license tax under this part at a rate of up to 3.5%;
(ii) the municipality meets the requirements of Subsection 
10-1-403
(3)(b) in changing
the rate of the municipal telecommunications license tax; and
(iii) a telecommunications provider is required to pay the municipal
telecommunications license tax on or after the day on which the ordinance described in
Subsection (4)(b)(ii) takes effect.
Section 12. Section 
10-5-132
 is amended to read:
10-5-132.
Fees collected for construction approval -- Approval of plans.
(1) As used in this section:
(a) "Construction project" means the same as that term is defined in Section 
38-1a-102
.
(b) "Lodging establishment" means a place providing temporary sleeping
accommodations to the public, including any of the following:
(i) a bed and breakfast establishment;
(ii) a boarding house;
(iii) a dormitory;
(iv) a hotel;
(v) an inn;
(vi) a lodging house;
(vii) a motel;
(viii) a resort; or
(ix) a rooming house.
(c) "Planning review" means a review to verify that a town has approved the following
elements of a construction project:
(i) zoning;
(ii) lot sizes;
(iii) setbacks;
(iv) easements;
(v) curb and gutter elevations;
(vi) grades and slopes;
(vii) utilities;
(viii) street names;
(ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
; and
(x) subdivision.
(d) (i) "Plan review" means all of the reviews and approvals of a plan that a town
requires to obtain a building permit from the town with a scope that may not exceed a review to
verify:
(A) that the construction project complies with the provisions of the State Construction
Code under Title 15A, State Construction and Fire Codes Act;
(B) that the construction project complies with the energy code adopted under Section
15A-2-103
;
(C) that the construction project received a planning review;
(D) that the applicant paid any required fees;
(E) that the applicant obtained final approvals from any other required reviewing
agencies;
(F) that the construction project complies with federal, state, and local storm water
protection laws;
(G) that the construction project received a structural review;
(H) the total square footage for each building level of finished, garage, and unfinished
space; and
(I) that the plans include a printed statement indicating that the actual construction will
comply with applicable local ordinances and the state construction codes.
(ii) "Plan review" does not mean a review of a document:
(A) required to be re-submitted for additional modifications or substantive changes
identified by the plan review;
(B) submitted as part of a deferred submittal when requested by the applicant and
approved by the building official; or
(C) that, due to the document's technical nature or on the request of the applicant, is
reviewed by a third party.
(e) "State Construction Code" means the same as that term is defined in Section
15A-1-102
.
(f) "State Fire Code" means the same as that term is defined in Section 
15A-1-102
.
(g) "Structural review" means:
(i) a review that verifies that a construction project complies with the following:
(A) footing size and bar placement;
(B) foundation thickness and bar placement;
(C) beam and header sizes;
(D) nailing patterns;
(E) bearing points;
(F) structural member size and span; and
(G) sheathing; or
(ii) if the review exceeds the scope of the review described in Subsection (1)[
(e)
]
(g)
(i),
a review that a licensed engineer conducts.
(h) "Technical nature" means a characteristic that places an item outside the training
and expertise of an individual who regularly performs plan reviews.
(2) (a) If a town collects a fee for the inspection of a construction project, the town
shall ensure that the construction project receives a prompt inspection.
(b) If a town cannot provide a building inspection within a reasonable time, the town
shall promptly engage an independent inspector with fees collected from the applicant.
(c) If an inspector identifies one or more violations of the State Construction Code or
State Fire Code during an inspection, on the day on which the inspection occurs, the inspector
shall give the permit holder written notification of each violation that:
(i) is delivered in hardcopy or by electronic means; and
(ii) upon request by the permit holder, includes a reference to each applicable provision
of the State Construction Code or State Fire Code.
(3) (a) A town shall complete a plan review of a construction project for a one to two
family dwelling or townhome by no later than 14 business days after the day on which the plan
is submitted to the town.
(b) A town shall complete a plan review of a construction project for a residential
structure built under the International Building Code, not including a lodging establishment, by
no later than 21 business days after the day on which the plan is submitted to the town.
(c) (i) Subject to Subsection (3)(c)(ii), if a town does not complete a plan review before
the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
town complete the plan review.
(ii) If an applicant makes a request under Subsection (3)(c)(i), the town shall perform
the plan review no later than:
(A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
applicant makes the request; or
(B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
applicant makes the request.
(d) An applicant may:
(i) waive the plan review time requirements described in this Subsection (3); or
(ii) with the town's consent, establish an alternative plan review time requirement.
(4) (a) A town may not enforce a requirement to have a plan review if:
(i) the town does not complete the plan review within the time period described in
Subsection (3)(a) or (b); and
(ii) a licensed architect or structural engineer, or both when required by law, stamps the
plan.
(b) A town may attach to a reviewed plan a list that includes:
(i) items with which the town is concerned and may enforce during construction; and
(ii) building code violations found in the plan.
(c) A town may not require an applicant to redraft a plan if the town requests minor
changes to the plan that the list described in Subsection (4)(b) identifies.
Section 13. Section 
11-13-602
 is amended to read:
11-13-602.
Definitions.
As used in this part:
(1) "Asset" means funds, money, an account, real or personal property, or personnel.
(2) (a) "Associated entity" means a taxed interlocal entity that adopts a segment's
organizing resolution.
(b) "Associated entity" does not include any other segment.
(3) "Fiduciary duty" means a duty expressly designated as a fiduciary duty of:
(a) a director or an officer of a taxed interlocal entity in:
(i) the organization agreement of the taxed interlocal entity; or
(ii) an agreement executed by the director or the officer and the taxed interlocal entity;
or
(b) a director or an officer of a segment in:
(i) the organizing resolution of the segment; or
(ii) an agreement executed by the director or the officer and the segment.
(4) "Governing body" means the body established in an organizing resolution to govern
a segment.
(5) "Governmental law" means:
(a) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
Organizations, and Other Local Entities Act;
(b) Title 63A, Chapter 3, Division of Finance;
(c) Title 63G, Chapter 6a, Utah Procurement Code;
(d) a law imposing an obligation on a taxed interlocal entity similar to an obligation
imposed by a law described in Subsection (5)(a), (b), or (c);
(e) an amendment to or replacement or renumbering of a law described in Subsection
(5)(a), (b), (c), or (d); or
(f) a law superseding a law described in Subsection (5)(a), (b), (c), or (d).
(6) "Indexed office" means the address identified under Subsection 
63G-7-401
(5)(a)(i)
by a segment's associated entity in the associated entity's statement described in Subsection
63G-7-401
(5).
(7) "Organization agreement" means an agreement, as amended, that creates a taxed
interlocal entity.
(8) "Organizing resolution" means a resolution described in Subsection 
11-13-604
(1)
that creates a segment.
(9) "Principal county" means the county in which the indexed office of a segment's
associated entity is located.
(10) "Project" means:
(a) the same as that term is defined in Section 
11-13-103
; or
(b) facilities, improvements, or contracts undertaken by a taxed interlocal entity in
accordance with Subsection 
11-13-204
(2). 
(11) "Public asset" means:
(a) an asset used by a public entity;
(b) tax revenue;
(c) state funds; or
(d) public funds.
(12) "Segment" means a segment created in accordance with Section 
11-13-604
.
(13) "Taxed interlocal entity" means:
(a) a project entity that:
(i) is not exempt from a tax or fee in lieu of taxes imposed in accordance with Part 3,
Project Entity Provisions;
(ii) does not receive a payment of funds from a federal agency or office, state agency or
office, political subdivision, or other public agency or office other than a payment that does not
materially exceed the greater of the fair market value and the cost of a service provided or
property conveyed by the project entity; and
(iii) does not receive, expend, or have the authority to compel payment from tax
revenue; or
(b) an interlocal entity that:
(i) was created before 1981 for the purpose of providing power supply at wholesale to
its members;
(ii) does not receive a payment of funds from a federal agency or office, state agency or
office, political subdivision, or other public agency or office other than a payment that does not
materially exceed the greater of the fair market value and the cost of a service provided or
property conveyed by the interlocal entity; and
(iii) does not receive, expend, or have the authority to compel payment from tax
revenue.
(14) (a) "Use" means to use, own, manage, hold, keep safe, maintain, invest, deposit,
administer, receive, expend, appropriate, disburse, or have custody.
(b) "Use" includes, when constituting a noun, the corresponding nominal form of each
term in Subsection [
(13)
] 
(14)
(a), individually.
Section 14. Section 
11-17-2
 is amended to read:
11-17-2.
Definitions.
As used in this chapter:
(1) "Bonds" means bonds, notes, or other evidences of indebtedness.
(2) "Energy efficiency upgrade" means an improvement that is permanently affixed to
real property and that is designed to reduce energy consumption, including:
(a) insulation in:
(i) a wall, ceiling, roof, floor, or foundation; or
(ii) a heating or cooling distribution system;
(b) an insulated window or door, including:
(i) a storm window or door;
(ii) a multiglazed window or door;
(iii) a heat-absorbing window or door;
(iv) a heat-reflective glazed and coated window or door;
(v) additional window or door glazing;
(vi) a window or door with reduced glass area; or
(vii) other window or door modifications that reduce energy loss;
(c) an automatic energy control system;
(d) in a building or a central plant, a heating, ventilation, or air conditioning and
distribution system;
(e) caulking or weatherstripping;
(f) a light fixture that does not increase the overall illumination of a building unless an
increase is necessary to conform with the applicable building code;
(g) an energy recovery system;
(h) a daylighting system;
(i) measures to reduce the consumption of water, through conservation or more
efficient use of water, including:
(i) installation of a low-flow toilet or showerhead;
(ii) installation of a timer or timing system for a hot water heater; or
(iii) installation of a rain catchment system; or
(j) any other modified, installed, or remodeled fixture that is approved as a utility
cost-savings measure by the governing body.
(3) "Finance" or "financing" includes the issuing of bonds by a municipality, county, or
state university for the purpose of using a portion, or all or substantially all of the proceeds to
pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the
acquisition of facilities of a project, or to create funds for the project itself where appropriate,
whether these costs are incurred by the municipality, the county, the state university, the user,
or a designee of the user. If title to or in these facilities at all times remains in the user, the
bonds of the municipality or county shall be secured by a pledge of one or more notes,
debentures, bonds, other secured or unsecured debt obligations of the user or lender, or the
sinking fund or other arrangement as in the judgment of the governing body is appropriate for
the purpose of assuring repayment of the bond obligations to investors in accordance with their
terms.
(4) "Governing body" means:
(a) for a county, city, town, or metro township, the legislative body of the county, city,
town, or metro township;
(b) for the military installation development authority created in Section 
63H-1-201
,
the [
authority
] board, as defined in Section 
63H-1-102
;
(c) for a state university except as provided in Subsection (4)(d), the board or body
having the control and supervision of the state university; and
(d) for a nonprofit corporation or foundation created by and operating under the
auspices of a state university, the board of directors or board of trustees of that corporation or
foundation.
(5) (a) "Industrial park" means land, including all necessary rights, appurtenances,
easements, and franchises relating to it, acquired and developed by a municipality, county, or
state university for the establishment and location of a series of sites for plants and other
buildings for industrial, distribution, and wholesale use.
(b) "Industrial park" includes the development of the land for an industrial park under
this chapter or the acquisition and provision of water, sewerage, drainage, street, road,
sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or
any combination of them, but only to the extent that these facilities are incidental to the use of
the land as an industrial park.
(6) "Lender" means a trust company, savings bank, savings and loan association, bank,
credit union, or any other lending institution that lends, loans, or leases proceeds of a financing
to the user or a user's designee.
(7) "Mortgage" means a mortgage, trust deed, or other security device.
(8) "Municipality" means any incorporated city, town, or metro township in the state,
including cities or towns operating under home rule charters.
(9) "Pollution" means any form of environmental pollution including water pollution,
air pollution, pollution caused by solid waste disposal, thermal pollution, radiation
contamination, or noise pollution.
(10) (a) "Project" means:
(i) an industrial park, land, interest in land, building, structure, facility, system, fixture,
improvement, appurtenance, machinery, equipment, or any combination of them, whether or
not in existence or under construction:
(A) that is suitable for industrial, manufacturing, warehousing, research, business, and
professional office building facilities, commercial, shopping services, food, lodging, low
income rental housing, recreational, or any other business purposes;
(B) that is suitable to provide services to the general public;
(C) that is suitable for use by any corporation, person, or entity engaged in health care
services, including hospitals, nursing homes, extended care facilities, facilities for the care of
persons with a physical or mental disability, and administrative and support facilities; or
(D) that is suitable for use by a state university for the purpose of aiding in the
accomplishment of its authorized academic, scientific, engineering, technical, and economic
development functions;
(ii) any land, interest in land, building, structure, facility, system, fixture, improvement,
appurtenance, machinery, equipment, or any combination of them, used by any individual,
partnership, firm, company, corporation, public utility, association, trust, estate, political
subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns,
for the reduction, abatement, or prevention of pollution, including the removal or treatment of
any substance in process material, if that material would cause pollution if used without the
removal or treatment;
(iii) an energy efficiency upgrade;
(iv) a renewable energy system;
(v) facilities, machinery, or equipment, the manufacturing and financing of which will
maintain or enlarge domestic or foreign markets for Utah industrial products; or
(vi) any economic development or new venture investment fund to be raised other than
from:
(A) municipal or county general fund money;
(B) money raised under the taxing power of any county or municipality; or
(C) money raised against the general credit of any county or municipality.
(b) "Project" does not include any property, real, personal, or mixed, for the purpose of
the construction, reconstruction, improvement, or maintenance of a public utility as defined in
Section 
54-2-1
.
(11) "Renewable energy system" means a product, system, device, or interacting group
of devices that is permanently affixed to real property and that produces energy from renewable
resources, including:
(a) a photovoltaic system;
(b) a solar thermal system;
(c) a wind system;
(d) a geothermal system, including:
(i) a direct-use system; or
(ii) a ground source heat pump system;
(e) a micro-hydro system; or
(f) another renewable energy system approved by the governing body.
(12) "State university" means an institution of higher education as described in Section
53B-2-101
 and includes any nonprofit corporation or foundation created by and operating
under their authority.
(13) "User" means the person, whether natural or corporate, who will occupy, operate,
maintain, and employ the facilities of, or manage and administer a project after the financing,
acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise.
Section 15. Section 
11-59-202
 is amended to read:
11-59-202.
Authority powers.
The authority may:
(1) as provided in this chapter, plan, manage, and implement the development of the
point of the mountain state land, including the ongoing operation of facilities on the point of
the mountain state land;
(2) undertake, or engage a consultant to undertake, any study, effort, or activity the
board considers appropriate to assist or inform the board about any aspect of the proposed
development of the point of the mountain state land, including the best development model and
financial projections relevant to the authority's efforts to fulfill its duties and responsibilities
under this section and Section 
11-59-203
;
(3) sue and be sued;
(4) enter into contracts generally;
(5) buy, obtain an option upon, or otherwise acquire any interest in real or personal
property, as necessary to accomplish the duties and responsibilities of the authority, including
an interest in real property, apart from point of the mountain state land, or personal property,
outside point of the mountain state land, for publicly owned infrastructure and improvements,
if the board considers the purchase, option, or other interest acquisition to be necessary for
fulfilling the authority's development objectives;
(6) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
personal property;
(7) enter into a lease agreement on real or personal property, either as lessee or lessor;
(8) provide for the development of the point of the mountain state land under one or
more contracts;
(9) exercise powers and perform functions under a contract, as authorized in the
contract;
(10) accept financial or other assistance from any public or private source for the
authority's activities, powers, and duties, and expend any funds so received for any of the
purposes of this chapter;
(11) borrow money, contract with, or accept financial or other assistance from the
federal government, a public entity, or any other source for any of the purposes of this chapter
and comply with any conditions of the loan, contract, or assistance;
(12) issue bonds to finance the undertaking of any development objectives of the
authority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities and
Development Act, and bonds under Title 11, Chapter 42, Assessment Area Act;
(13) hire employees, including contract employees, in addition to or in place of staff
provided under Section 
11-59-304
;
(14) transact other business and exercise all other powers provided for in this chapter;
(15) enter into a development agreement with a developer of some or all of the point of
the mountain state land;
(16) provide for or finance an energy efficiency upgrade, a renewable energy system, or
electric vehicle charging infrastructure as defined in Section [
11-42-102
] 
11-42a-102
, in
accordance with Title 11, Chapter [
42, Assessment Area Act
] 
42a, Commercial Property
Assessed Clean Energy Act
;
(17) exercise powers and perform functions that the authority is authorized by statute
to exercise or perform;
(18) enter into one or more interlocal agreements under Title 11, Chapter 13, Interlocal
Cooperation Act, with one or more local government entities for the delivery of services to the
point of the mountain state land; and
(19) enter into an agreement with the federal government or an agency of the federal
government, as the board considers necessary or advisable, to enable or assist the authority to
exercise its powers or fulfill its duties and responsibilities under this chapter. 
Section 16. Section 
13-32a-104
 is amended to read:
13-32a-104.
Tickets required to be maintained -- Contents -- Identification of
items -- Prohibition against pawning or selling certain property.
(1) A pawn or secondhand business shall keep a ticket for property a person pawns or
sells to the pawn or secondhand business. A pawn or secondhand business shall document on
the ticket the following information regarding the property:
(a) the date and time of the transaction;
(b) whether the transaction is a pawn or purchase;
(c) the ticket number;
(d) the date by which the property must be redeemed, if the property is pawned;
(e) the following information regarding the individual who pawns or sells the property:
(i) the individual's full name and date of birth as they appear on the individual's
identification and the individual's residence address and telephone number;
(ii) the unique number and type of identification presented to the pawn or secondhand
business;
(iii) the individual's signature; and
(iv) subject to Subsection (6), a legible fingerprint of the individual's right index finger,
or if the right index finger cannot be fingerprinted, a legible fingerprint of the individual with a
notation identifying the fingerprint and the reason why the 
right
 index [
finger's print
]
fingerprint
 was unavailable;
(f) the amount loaned on, paid for, or value for trade-in of each article of property;
(g) the full name of the individual conducting the pawn transaction or secondhand
merchandise transaction on behalf of the pawn or secondhand business or the initials or a
unique identifying number of the individual, if the pawn or secondhand business maintains a
record of the initials or unique identifying number of the individual; and
(h) an accurate description of each article of property, with available identifying marks,
including:
(i) names, brand names, numbers, serial numbers, model numbers, color,
manufacturers' names, and size;
(ii) metallic composition, and any jewels, stones, or glass;
(iii) any other marks of identification or indicia of ownership on the property;
(iv) the weight of the property, if the payment is based on weight;
(v) any other unique identifying feature;
(vi) gold content, if indicated; or
(vii) if multiple articles of property of a similar nature are delivered together in one
transaction and the articles of property do not bear serial or model numbers and do not include
precious metals or gemstones, such as musical or video recordings, books, or hand tools, the
description of the articles is adequate if it includes the quantity of the articles and a description
of the type of articles delivered.
(2) (a) A pawn or secondhand business may not accept property if, upon inspection, it
is apparent that:
(i) a serial number or another form of indicia of ownership has been removed, altered,
defaced, or obliterated;
(ii) the property is not a numismatic item and has indicia of being new, but is not
accompanied by a written receipt or other satisfactory proof of ownership other than the seller's
own statement; or
(iii) except as provided in Subsection 
13-32a-103.1
(3), the property is a gift card,
transaction card, or other physical or digital card or certificate evidencing store credit.
(b) A pawn or secondhand business is not subject to Subsection (2)(a)(ii) if the pawn or
secondhand business is the original seller of the property and is accepting a return of the
property as provided by the pawn or secondhand business' established return policy.
(c) Property is presumed to have had indicia of being new at the time of a transaction if
the property is subsequently advertised by the pawn or secondhand business as being new.
(3) (a) An individual may not pawn or sell any property to a business regulated under
this chapter if the property is subject to being turned over to a law enforcement agency in
accordance with Title 77, Chapter 24a, Lost or Mislaid Personal Property.
(b) If an individual attempts to sell or pawn property to a business regulated under this
chapter and the employee or owner of the business knows or has reason to know that the
property is subject to Title 77, Chapter 24a, Lost or Mislaid Personal Property, the employee or
owner shall advise the individual of the requirements of Title 77, Chapter 24a, Lost or Mislaid
Personal Property, and may not receive the property in pawn or sale.
(4) A coin dealer is subject to Section 
13-32a-104.5
 and not subject to this section.
(5) A violation of this section is a class B misdemeanor and is also subject to civil
penalties under Section 
13-32a-110
.
(6) (a) On and after January 1, 2020:
(i) a pawn or secondhand business shall obtain an electronic legible fingerprint of the
individual's right index finger that can be submitted to the central database at the same time the
other information is submitted under this section, or if the right index finger cannot be
fingerprinted, an electronic legible fingerprint of the individual with a notation on the ticket
identifying the fingerprint and the reason why a right index fingerprint is unavailable; and
(ii) the electronic fingerprint is not required on the ticket.
(b) On and after January 1, 2020, a pawn or secondhand business shall submit an
electronic legible fingerprint obtained under Subsection (6)(a) to the central database.
(7) (a) As used in this Subsection (7), "jewelry" means:
(i) any jewelry purchased by the pawn or secondhand business, including scrap jewelry
and watches; or
(ii) any jewelry that the pawn or secondhand business is allowed to sell under
Subsection 
13-32a-109
(1), including scrap jewelry and watches.
(b) On and after January 1, 2020, a pawn or secondhand business shall obtain:
(i) a color digital photograph clearly and accurately depicting:
(A) each item of jewelry; and
(B) if an item of jewelry has one or more engravings, an additional color digital
photograph specifically depicting any engraving; and
(ii) a color digital photograph of an item that bears an identifying mark, including:
(A) a serial number, engraving, owner label, or similar identifying mark; and
(B) an additional photograph that clearly depicts the identifying mark described in
Subsection (7)(b)(ii)(A).
Section 17. Section 
13-32a-110
 is amended to read:
13-32a-110.
Administrative or civil penalties -- Criminal prosecution.
(1) A violation of any of the following sections is subject to an administrative or civil
penalty of not more than $500:
(a) Section 
13-32a-104
, ticket required to be maintained;
(b) Section 
13-32a-104.5
, ticket by coin dealer to be maintained;
(c) Section 
13-32a-106
, transaction information provided to law enforcement;
(d) Section 
13-32a-108
, retention of records;
(e) Section 
13-32a-109
, holding period for pawned or purchased property;
(f) Section 
13-32a-110.5
, transactions with certain individuals prohibited;
(g) Section 
13-32a-111
, payment of fees as required; or
(h) Section [
13-32a-112
] 
13-32a-112.1
, training requirements for pawn or secondhand
business employees and officers of participating law enforcement agencies.
(2) This section does not prohibit civil action by a governmental entity regarding the
pawn or secondhand business' operation or licenses.
(3) The imposition of civil penalties under this section does not prohibit criminal
prosecution by a governmental entity for criminal violations of this chapter.
Section 18. Section 
13-32a-111
 is amended to read:
13-32a-111.
Fees to fund account.
(1) (a) A pawn or secondhand business in operation shall pay an annual fee, no more
than $500, set in accordance with Section 
63J-1-504
.
(b) A law enforcement agency within Utah that participates in the use of the central
database shall pay an annual fee set in accordance with Section 
63J-1-504
.
(c) A law enforcement agency outside Utah that requests access to the central database
shall pay an annual fee set in accordance with Section 
63J-1-504
.
(2) A fee paid under Subsection (1) shall be paid annually to the division on or before
January 31.
(3) A fee received by the division under this section shall be deposited into the account.
(4) The division may only increase fees for a [
pawnshop
] 
pawn
 or secondhand business
under Section 
63J-1-504
.
Section 19. Section 
13-32a-112
 is amended to read:
13-32a-112.
Pawnshop and Secondhand Merchandise Advisory Board.
(1) There is created within the division the "Pawnshop and Secondhand Merchandise
Advisory Board."
(2) The board consists of seven voting members appointed by the executive director of
the Department of Commerce:
(a) one law enforcement officer whose work regularly involves pawn or secondhand
business, recommended by the Utah Chiefs of Police Association;
(b) one law enforcement officer whose work regularly involves pawn or secondhand
business, recommended by the Utah Sheriffs Association;
(c) one state, county, or municipal prosecutor, recommended by a prosecutors'
association or council;
(d) one pawnbroker, recommended by the pawn industry;
(e) one secondhand merchandise dealer, recommended by the secondhand merchandise
industry;
(f) one coin dealer, recommended by the Utah Coin Dealers Association; and
(g) one representative from the pawn or secondhand merchandise industry at large,
recommended by the pawn or secondhand merchandise industry.
(3) After receiving a recommendation for a member by a respective association,
council, or industry for the board, the executive director may:
(a) decline the recommendation; and
(b) request another recommendation from the respective association, council, or
industry.
(4) (a) A member of the board shall be appointed to a term of not more than four years,
and may be reappointed upon expiration of the member's term.
(b) Notwithstanding the requirements of Subsection (4)(a), the executive director of the
Department of Commerce shall, at the time of appointments or reappointments, adjust the
length of terms to ensure that the terms of board members are staggered so that approximately
half of the board is appointed every two years. 
(c) When a vacancy occurs in the membership for any reason, the executive director of
the Department of Commerce shall appoint a member for the unexpired term.
(d) The executive director of the Department of Commerce may remove a member and
replace the member in accordance with this section for the following reasons:
(i) the member fails or refuses to fulfill the duties of a board member, including
attendance at board meetings; or
(ii) the member, an entity owned by the member, an entity that the member is
employed by, or an entity that the member is representing, engages in a violation of this chapter
or Section 
76-6-408
.
(e) Notwithstanding Subsection (4)(d), members of the board as of May 13, 2019, are
removed from the board and the executive director of the Department of Commerce shall
appoint the board members in accordance with this section.
(5) (a) The board shall elect one voting member as the chair of the board by a majority
of the members present at the board's first meeting each year.
(b) The chair shall preside over the board for a period of one year.
(c) The board shall meet quarterly upon the call of the chair.
(d) A quorum of five members is required for the board to take action. An action taken
by majority of a quorum present at a meeting constitutes an action of the board.
(6) (a) The duties and powers of the board include the following:
(i) recommending to the division appropriate rules regarding the administration and
enforcement of this chapter;
(ii) recommending to the division changes related to the central database; and
(iii) advising the division on matters related to the pawn and secondhand 
merchandise
industries.
(b) This Subsection (6) does not require the board's approval to act on a rule or amend
this chapter.
(7) A pawn or secondhand business may file with the board complaints regarding law
enforcement agency practices perceived to be inconsistent with this chapter. The board may
refer the complaints to the Peace Officers Standards and Training Division.
Section 20. Section 
16-6a-1008.7
 is amended to read:
16-6a-1008.7.
Conversion to or from a domestic limited liability company.
(1) (a) A domestic nonprofit corporation may convert to a domestic limited liability
company subject to [
Title 48, Chapter 2c, Utah Revised Limited Liability Company Act, or
]
Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act, [
as appropriate
]
pursuant to Section 
48-3a-1405
, by complying with:
(i) this Subsection (1); and
(ii) Section [
48-2c-1401
 or
] 
48-3a-1041
.
(b) If a domestic nonprofit corporation converts to a domestic limited liability company
in accordance with this Subsection (1), the articles of conversion or statement of conversion, as
applicable, shall:
(i) comply with [
Section 
48-2c-1402
 or
] Sections 
48-3a-1042
 and 
48-3a-1045
; and
(ii) if the corporation has any members, provide for:
(A) the cancellation of any membership; or
(B) the conversion of any membership in the domestic nonprofit corporation to a
membership interest in the domestic limited liability company.
(c) Before articles of conversion or statement of conversion may be filed with the
division, the conversion shall be approved:
(i) in the manner provided for the articles of incorporation or bylaws of the domestic
nonprofit corporation; or
(ii) if the articles of incorporation or bylaws of the domestic nonprofit corporation do
not provide the method for approval:
(A) if the domestic nonprofit corporation has voting members, by all of the members of
the domestic nonprofit corporation regardless of limitations or restrictions on the voting rights
of the members; or
(B) if the nonprofit domestic corporation does not have voting members, by a majority
of:
(I) the directors in office at the time the conversion is approved by the board of
directors; or
(II) if directors have not been appointed or elected, the incorporators.
(2) A domestic limited liability company may convert to a domestic nonprofit
corporation subject to this chapter by:
(a) filing articles of incorporation in accordance with this chapter; and
(b) complying with Section [
48-2c-1406
 or
] 
48-3a-1041
, [
as appropriate
] pursuant to
Section 
48-3a-1405
.
(3) Any conversion under this section may not result in a violation, directly or
indirectly, of:
(a) Section 
16-6a-1301
; or
(b) any other provision of this chapter.
Section 21. Section 
17-27a-602
 is amended to read:
17-27a-602.
Planning commission preparation and recommendation of
subdivision ordinance -- Adoption or rejection by legislative body.
(1) A planning commission shall:
(a) review and provide a recommendation to the legislative body on any proposed
ordinance that regulates the subdivision of land in the [
municipality
] 
county
;
(b) review and make a recommendation to the legislative body on any proposed
ordinance that amends the regulation of the subdivision of the unincorporated land in the
county or, in the case of a mountainous planning district, the mountainous planning district;
(c) provide notice consistent with Section 
17-27a-205
; and
(d) hold a public hearing on the proposed ordinance before making the planning
commission's final recommendation to the legislative body.
(2) (a) A legislative body may adopt, modify, revise, or reject an ordinance described in
Subsection (1) that the planning commission recommends.
(b) A legislative body may consider a planning commission's failure to make a timely
recommendation as a negative recommendation if the legislative body has provided for that
consideration by ordinance.
Section 22. Section 
17-27a-604.5
 is amended to read:
17-27a-604.5.
Subdivision plat recording or development activity before required
infrastructure is completed -- Improvement completion assurance -- Improvement
warranty.
(1) A land use authority shall establish objective inspection standards for acceptance of
a required landscaping or infrastructure improvement.
(2) (a) Before an applicant conducts any development activity or records a plat, the
applicant shall:
(i) complete any required landscaping or infrastructure improvements; or
(ii) post an improvement completion assurance for any required landscaping or
infrastructure improvements.
(b) If an applicant elects to post an improvement completion assurance, the applicant
shall provide completion assurance for:
(i) completion of 100% of the required landscaping or infrastructure improvements; or
(ii) if the county has inspected and accepted a portion of the landscaping or
infrastructure improvements, 100% of the incomplete or unaccepted landscaping or
infrastructure improvements.
(c) A county shall:
(i) establish a minimum of two acceptable forms of completion assurance;
(ii) if an applicant elects to post an improvement completion assurance, allow the
applicant to post an assurance that meets the conditions of this title, and any local ordinances;
(iii) establish a system for the partial release of an improvement completion assurance
as portions of required landscaping or infrastructure improvements are completed and accepted
in accordance with local ordinance; and
(iv) issue or deny a building permit in accordance with Section 
17-27a-802
 based on
the installation of landscaping or infrastructure improvements.
(d) A county may not require an applicant to post an improvement completion
assurance for:
(i) landscaping or an infrastructure improvement that the county has previously
inspected and accepted;
(ii) infrastructure improvements that are private and not essential or required to meet
the building code, fire code, flood or storm water management provisions, street and access
requirements, or other essential necessary public safety improvements adopted in a land use
regulation; or
(iii) in a [
municipality
] 
county
 where ordinances require all infrastructure
improvements within the area to be private, infrastructure improvements within a development
that the [
municipality
] 
county
 requires to be private.
(3) At any time before a county accepts a landscaping or infrastructure improvement,
and for the duration of each improvement warranty period, the land use authority may require
the applicant to:
(a) execute an improvement warranty for the improvement warranty period; and
(b) post a cash deposit, surety bond, letter of credit, or other similar security, as
required by the county, in the amount of up to 10% of the lesser of the:
(i) county engineer's original estimated cost of completion; or
(ii) applicant's reasonable proven cost of completion.
(4) When a county accepts an improvement completion assurance for landscaping or
infrastructure improvements for a development in accordance with Subsection (2)(c)(ii), the
county may not deny an applicant a building permit if the development meets the requirements
for the issuance of a building permit under the building code and fire code.
(5) The provisions of this section do not supersede the terms of a valid development
agreement, an adopted phasing plan, or the state construction code.
Section 23. Section 
17-50-335
 is amended to read:
17-50-335.
Energy efficiency upgrade, renewable energy system, or electric
vehicle charging infrastructure.
A county may provide or finance an energy efficiency upgrade, a renewable energy
system, or electric vehicle charging infrastructure as defined in Section [
11-42-102
]
11-42a-102
, in a designated voluntary assessment area in accordance with Title 11, Chapter
[
42, Assessment Area Act
] 
42a, Commercial Property Assessed Clean Energy Act
.
Section 24. Section 
17B-1-202
 is amended to read:
17B-1-202.
Local district may be created -- Services that may be provided --
Limitations.
(1) (a) A local district may be created as provided in this part to provide within its
boundaries service consisting of:
(i) the operation of an airport;
(ii) the operation of a cemetery;
(iii) fire protection, paramedic, and emergency services, including consolidated 911
and emergency dispatch services;
(iv) garbage collection and disposal;
(v) health care, including health department or hospital service;
(vi) the operation of a library;
(vii) abatement or control of mosquitos and other insects;
(viii) the operation of parks or recreation facilities or services;
(ix) the operation of a sewage system;
(x) the construction and maintenance of a right-of-way, including:
(A) a curb;
(B) a gutter;
(C) a sidewalk;
(D) a street;
(E) a road;
(F) a water line;
(G) a sewage line;
(H) a storm drain;
(I) an electricity line;
(J) a communications line;
(K) a natural gas line; or
(L) street lighting;
(xi) transportation, including public transit and providing streets and roads;
(xii) the operation of a system, or one or more components of a system, for the
collection, storage, retention, control, conservation, treatment, supplying, distribution, or
reclamation of water, including storm, flood, sewage, irrigation, and culinary water, whether
the system is operated on a wholesale or retail level or both;
(xiii) in accordance with Subsection (1)(c), the acquisition or assessment of a
groundwater right for the development and execution of a groundwater management plan in
cooperation with and approved by the state engineer in accordance with Section 
73-5-15
;
(xiv) law enforcement service;
(xv) subject to Subsection (1)(b), the underground installation of an electric utility line
or the conversion to underground of an existing electric utility line;
(xvi) the control or abatement of earth movement or a landslide;
(xvii) the operation of animal control services and facilities; or
(xviii) an energy efficiency upgrade, a renewable energy system, or electric vehicle
charging infrastructure as defined in Section [
11-42-102
] 
11-42a-102
, in accordance with Title
11, Chapter [
42, Assessment Area Act
] 
42a, Commercial Property Assessed Clean Energy Act
.
(b) Each local district that provides the service of the underground installation of an
electric utility line or the conversion to underground of an existing electric utility line shall, in
installing or converting the line, provide advance notice to and coordinate with the utility that
owns the line.
(c) A groundwater management plan described in Subsection (1)(a)(xiii) may include
the banking of groundwater rights by a local district in a critical management area as defined in
Section 
73-5-15
 following the adoption of a groundwater management plan by the state
engineer under Section 
73-5-15
.
(i) A local district may manage the groundwater rights it acquires under Subsection
17B-1-103
(2)(a) or (b) consistent with the provisions of a groundwater management plan
described in this Subsection (1)(c).
(ii) A groundwater right held by a local district to satisfy the provisions of a
groundwater management plan is not subject to the forfeiture provisions of Section 
73-1-4
.
(iii) (A) A local district may divest itself of a groundwater right subject to a
determination that the groundwater right is not required to facilitate the groundwater
management plan described in this Subsection (1)(c).
(B) The groundwater right described in Subsection (1)(c)(iii)(A) is subject to Section
73-1-4
 beginning on the date of divestiture.
(iv) Upon a determination by the state engineer that an area is no longer a critical
management area as defined in Section 
73-5-15
, a groundwater right held by the local district is
subject to Section 
73-1-4
.
(v) A local district created in accordance with Subsection (1)(a)(xiii) to develop and
execute a groundwater management plan may hold or acquire a right to surface waters that are
naturally tributary to the groundwater basin subject to the groundwater management plan if the
surface waters are appropriated in accordance with Title 73, Water and Irrigation, and used in
accordance with Title 73, Chapter 3b, Groundwater Recharge and Recovery Act.
(2) For purposes of this section:
(a) "Operation" means all activities involved in providing the indicated service
including acquisition and ownership of property reasonably necessary to provide the indicated
service and acquisition, construction, and maintenance of facilities and equipment reasonably
necessary to provide the indicated service.
(b) "System" means the aggregate of interrelated components that combine together to
provide the indicated service including, for a sewage system, collection and treatment.
(3) (a) A local district may not be created to provide and may not after its creation
provide more than four of the services listed in Subsection (1).
(b) Subsection (3)(a) may not be construed to prohibit a local district from providing
more than four services if, before April 30, 2007, the local district was authorized to provide
those services.
(4) (a) Except as provided in Subsection (4)(b), a local district may not be created to
provide and may not after its creation provide to an area the same service that may already be
provided to that area by another political subdivision, unless the other political subdivision
gives its written consent.
(b) For purposes of Subsection (4)(a), a local district does not provide the same service
as another political subdivision if it operates a component of a system that is different from a
component operated by another political subdivision but within the same:
(i) sewage system; or
(ii) water system.
(5) (a) Except for a local district in the creation of which an election is not required
under Subsection 
17B-1-214
(3)(d), the area of a local district may include all or part of the
unincorporated area of one or more counties and all or part of one or more municipalities.
(b) The area of a local district need not be contiguous.
(6) For a local district created before May 5, 2008, the authority to provide fire
protection service also includes the authority to provide:
(a) paramedic service; and
(b) emergency service, including hazardous materials response service.
(7) A local district created before May 11, 2010, authorized to provide the construction
and maintenance of curb, gutter, or sidewalk may provide a service described in Subsection
(1)(a)(x) on or after May 11, 2010.
(8) A local district created before May 10, 2011, authorized to provide culinary,
irrigation, sewage, or storm water services may provide a service described in Subsection
(1)(a)(xii) on or after May 10, 2011.
(9) A local district may not be created under this chapter for two years after the date on
which a local district is dissolved as provided in Section 
17B-1-217
 if the local district
proposed for creation:
(a) provides the same or a substantially similar service as the dissolved local district;
and
(b) is located in substantially the same area as the dissolved local district.
Section 25. Section 
17B-2a-1207
 is amended to read:
17B-2a-1207.
Public infrastructure district bonds.
(1) A public infrastructure district may issue negotiable bonds for the purposes
described in Section 
17B-2a-1206
, as provided in, as applicable:
(a) Title 11, Chapter 14, Local Government Bonding Act;
(b) Title 11, Chapter 27, Utah Refunding Bond Act;
(c) Title 11, Chapter 42, Assessment Area Act; and
(d) this section.
(2) A public infrastructure district bond:
(a) shall mature within 40 years of the date of issuance; and
(b) may not be secured by any improvement or facility paid for by the public
infrastructure district.
(3) (a) A public infrastructure district may issue a limited tax bond, in the same manner
as a general obligation bond:
(i) with the consent of 100% of surface property owners within the boundaries of the
public infrastructure district and 100% of the registered voters, if any, within the boundaries of
the proposed public infrastructure district; or
(ii) upon approval of a majority of the registered voters within the boundaries of the
public infrastructure district voting in an election held for that purpose under Title 11, Chapter
14, Local Government Bonding Act.
(b) A limited tax bond described in Subsection (3)(a):
(i) is not subject to the limitation on a general obligation bond described in Subsection
17B-1-1102
(4)(a)(xii); and
(ii) is subject to a limitation, if any, on the principal amount of indebtedness as
described in the governing document.
(c) Unless limited tax bonds are initially purchased exclusively by one or more
qualified institutional buyers as defined in Rule 144A, 17 C.F.R. Sec. 230.144A, the public
infrastructure district may only issue limited tax bonds in denominations of not less than
$500,000, and in integral multiples above $500,000 of not less than $1,000 each.
(d) (i) Without any further election or consent of property owners or registered voters,
a public infrastructure district may convert a limited tax bond described in Subsection (3)(a) to
a general obligation bond if the principal amount of the related limited tax bond together with
the principal amount of other related outstanding general obligation bonds of the public
infrastructure district does not exceed 15% of the fair market value of taxable property in the
public [
improvement
] 
infrastructure
 district securing the general obligation bonds, determined
by:
(A) an appraisal from an appraiser who is a member of the Appraisal Institute that is
addressed to the public infrastructure district or a financial institution; or
(B) the most recent market value of the property from the assessor of the county in
which the property is located.
(ii) The consent to the issuance of a limited tax bond described in Subsection (3)(a) is
sufficient to meet any statutory or constitutional election requirement necessary for the
issuance of the limited tax bond and any general obligation bond to be issued in place of the
limited tax bond upon meeting the requirements of this Subsection (3)(d).
(iii) A general obligation bond resulting from a conversion of a limited tax bond under
this Subsection (3)(d) is not subject to the limitation on general obligation bonds described in
Subsection 
17B-1-1102
(4)(a)(xii).
(4) There is no limitation on the duration of revenues that a public infrastructure
district may receive to cover any shortfall in the payment of principal of and interest on a bond
that the public infrastructure district issues.
(5) A public infrastructure district is not a municipal corporation for purposes of the
debt limitation of Utah Constitution, Article XIV, Section 4.
(6) The board may, by resolution, delegate to one or more officers of the public
infrastructure district the authority to:
(a) in accordance and within the parameters set forth in a resolution adopted in
accordance with Section 
11-14-302
, approve the final interest rate, price, principal amount,
maturity, redemption features, and other terms of the bond;
(b) approve and execute any document relating to the issuance of a bond; and
(c) approve any contract related to the acquisition and construction of the
improvements, facilities, or property to be financed with a bond.
(7) (a) Any person may contest the legality of the issuance of a public infrastructure
district bond or any provisions for the security and payment of the bond for a period of 30 days
after:
(i) publication of the resolution authorizing the bond; or
(ii) publication of a notice of bond containing substantially the items required under
Subsection 
11-14-316
(2).
(b) After the 30-day period described in Subsection (7)(a), no person may bring a
lawsuit or other proceeding contesting the regularity, formality, or legality of the bond for any
reason.
(8) (a) In the event of any statutory change in the methodology of assessment or
collection of property taxes in a manner that reduces the amounts which are devoted or pledged
to the repayment of limited tax bonds, a public infrastructure district may charge a rate
sufficient to receive the amount of property taxes or assessment the public infrastructure
district would have received before the statutory change in order to pay the debt service on
outstanding limited tax bonds.
(b) The rate increase described in Subsection (8)(a) may exceed the limit described in
Section 
17B-2a-1209
.
(c) The public infrastructure district may charge the rate increase described in
Subsection (8)(a) until the bonds, including any associated refunding bonds, or other securities,
together with applicable interest, are fully met and discharged.
Section 26. Section 
17D-1-103
 is amended to read:
17D-1-103.
Special service district status, powers, and duties -- Registration as a
limited purpose entity -- Limitation on districts providing jail service.
(1) A special service district:
(a) is:
(i) a body corporate and politic with perpetual succession, separate and distinct from
the county or municipality that creates it;
(ii) a quasi-municipal corporation; and
(iii) a political subdivision of the state; and
(b) may sue and be sued.
(2) A special service district may:
(a) exercise the power of eminent domain possessed by the county or municipality that
creates the special service district;
(b) enter into a contract that the governing authority considers desirable to carry out
special service district functions, including a contract:
(i) with the United States or an agency of the United States, the state, an institution of
higher education, a county, a municipality, a school district, a local district, another special
service district, or any other political subdivision of the state; or
(ii) that includes provisions concerning the use, operation, and maintenance of special
service district facilities and the collection of fees or charges with respect to commodities,
services, or facilities that the district provides;
(c) acquire or construct facilities;
(d) acquire real or personal property, or an interest in real or personal property,
including water and water rights, whether by purchase, lease, gift, devise, bequest, or
otherwise, and whether the property is located inside or outside the special service district, and
own, hold, improve, use, finance, or otherwise deal in and with the property or property right;
(e) sell, convey, lease, exchange, transfer, or otherwise dispose of all or any part of the
special service district's property or assets, including water and water rights;
(f) mortgage, pledge, or otherwise encumber all or any part of the special service
district's property or assets, including water and water rights;
(g) enter into a contract with respect to the use, operation, or maintenance of all or any
part of the special service district's property or assets, including water and water rights;
(h) accept a government grant or loan and comply with the conditions of the grant or
loan;
(i) use an officer, employee, property, equipment, office, or facility of the county or
municipality that created the special service district, subject to reimbursement as provided in
Subsection [
(3)
] 
(4)
;
(j) employ one or more officers, employees, or agents, including one or more
engineers, accountants, attorneys, or financial consultants, and establish their compensation;
(k) designate an assessment area and levy an assessment as provided in Title 11,
Chapter 42, Assessment Area Act;
(l) contract with a franchised, certificated public utility for the construction and
operation of an electrical service distribution system within the special service district;
(m) borrow money and incur indebtedness;
(n) as provided in Part 5, Special Service District Bonds, issue bonds for the purpose of
acquiring, constructing, and equipping any of the facilities required for the services the special
service district is authorized to provide, including:
(i) bonds payable in whole or in part from taxes levied on the taxable property in the
special service district;
(ii) bonds payable from revenues derived from the operation of revenue-producing
facilities of the special service district;
(iii) bonds payable from both taxes and revenues;
(iv) guaranteed bonds, payable in whole or in part from taxes levied on the taxable
property in the special service district;
(v) tax anticipation notes;
(vi) bond anticipation notes;
(vii) refunding bonds;
(viii) special assessment bonds; and
(ix) bonds payable in whole or in part from mineral lease payments as provided in
Section 
11-14-308
;
(o) except as provided in Subsection (5), impose fees or charges or both for
commodities, services, or facilities that the special service district provides;
(p) provide to an area outside the special service district's boundary, whether inside or
outside the state, a service that the special service district is authorized to provide within its
boundary, if the governing body makes a finding that there is a public benefit to providing the
service to the area outside the special service district's boundary;
(q) provide other services that the governing body determines will more effectively
carry out the purposes of the special service district; and
(r) adopt an official seal for the special service district.
(3) (a) Each special service district shall register and maintain the special service
district's registration as a limited purpose entity, in accordance with Section 
67-1a-15
.
(b) A special service district that fails to comply with Subsection (3)(a) or Section
67-1a-15
 is subject to enforcement by the state auditor, in accordance with Section 
67-3-1
.
(4) Each special service district that uses an officer, employee, property, equipment,
office, or facility of the county or municipality that created the special service district shall
reimburse the county or municipality a reasonable amount for what the special service district
uses.
(5) (a) A special service district that provides jail service as provided in Subsection
17D-1-201
(10) may not impose a fee or charge for the service it provides.
(b) Subsection (5)(a) may not be construed to limit a special service district that
provides jail service from:
(i) entering into a contract with the federal government, the state, or a political
subdivision of the state to provide jail service for compensation; or
(ii) receiving compensation for jail service it provides under a contract described in
Subsection (5)(b)(i).
Section 27. Section 
17D-1-201
 is amended to read:
17D-1-201.
Services that a special service district may be created to provide.
As provided in this part, a county or municipality may create a special service district to
provide any combination of the following services:
(1) water;
(2) sewerage;
(3) drainage;
(4) flood control;
(5) garbage collection and disposal;
(6) health care;
(7) transportation, including the receipt of federal secure rural school funds under
Section 
51-9-603
 for the purposes of constructing, improving, repairing, or maintaining public
roads;
(8) recreation;
(9) fire protection, including:
(a) emergency medical services, ambulance services, and search and rescue services, if
fire protection service is also provided;
(b) Firewise Communities programs and the development of community wildfire
protection plans; and
(c) the receipt of federal secure rural school funds as provided under Section 
51-9-603
for the purposes of carrying out Firewise Communities programs, developing community
wildfire protection plans, and performing emergency services, including firefighting on federal
land and other services authorized under this Subsection (9);
(10) providing, operating, and maintaining correctional and rehabilitative facilities and
programs for municipal, state, and other detainees and prisoners;
(11) street lighting;
(12) consolidated 911 and emergency dispatch;
(13) animal shelter and control;
(14) receiving federal mineral lease funds under Title 59, Chapter 21, Mineral Lease
Funds, and expending those funds to provide construction and maintenance of public facilities,
traditional governmental services, and planning, as a means for mitigating impacts from
extractive mineral industries;
(15) in a county of the first class, extended police protection;
(16) control or abatement of earth movement or a landslide;
(17) an energy efficiency upgrade, a renewable energy system, or electric vehicle
charging infrastructure as defined in Section [
11-42-102
] 
11-42a-102
, in accordance with Title
11, Chapter [
42, Assessment Area Act
] 
42a, Commercial Property Assessed Clean Energy Act
;
or
(18) cemetery.
Section 28. Section 
19-1-404
 is amended to read:
19-1-404.
Department duties -- Rulemaking -- Loan repayment.
(1) The department shall:
(a) administer the fund created in Section 
19-1-403
 to encourage government officials
and private sector business vehicle owners and operators to obtain and use clean fuel vehicles;
and
(b) by following the procedures and requirements of Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, make rules:
(i) specifying the amount of money in the fund to be dedicated annually for grants;
[
(ii) limiting the amount of a grant given to any person claiming a tax credit under
Section 
59-7-605
 or 
59-10-1009
 for the motor vehicle for which a grant is requested to assure
that the sum of the tax credit and grant does not exceed:
]
[
(A) 50% of the incremental cost of the OEM vehicle; or
]
[
(B) 50% of the cost of conversion equipment;
]
[
(iii)
] 
(ii)
 limiting the number of motor vehicles per fleet operator that may be eligible
for a grant in a year;
[
(iv)
] 
(iii)
 specifying criteria the department shall consider in prioritizing and awarding
loans and grants;
[
(v)
] 
(iv)
 specifying repayment periods;
[
(vi)
] 
(v)
 specifying procedures for:
(A) awarding loans and grants; and
(B) collecting loans; and
[
(vii)
] 
(vi)
 requiring all loan and grant applicants to:
(A) apply on forms provided by the department;
(B) agree in writing to use the clean fuel for which each vehicle is converted or
purchased using loan or grant proceeds for a minimum of 70% of the vehicle miles traveled
beginning from the time of conversion or purchase of the vehicle;
(C) agree in writing to notify the department if a vehicle converted or purchased using
loan or grant proceeds becomes inoperable through mechanical failure or accident and to
pursue a remedy outlined in department rules;
(D) provide reasonable data to the department on a vehicle converted or purchased
with loan or grant proceeds; and
(E) submit a vehicle converted or purchased with loan or grant proceeds to inspections
by the department as required in department rules and as necessary for administration of the
loan and grant program.
(2) (a) When developing repayment schedules for the loans, the department shall
consider the projected savings from use of the clean vehicle.
(b) A repayment schedule may not exceed 10 years.
(c) The department shall make a loan from the fund for a private sector vehicle at an
interest rate equal to the annual return earned in the state treasurer's Public Treasurer's Pool as
determined the month immediately preceding the closing date of the loan.
(d) The department shall make a loan from the fund for a government vehicle with no
interest rate.
(3) The Division of Finance shall:
(a) collect and account for the loans; and
(b) have custody of all loan documents, including all notes and contracts, evidencing
the indebtedness of the fund.
Section 29. Section 
19-2-104
 is amended to read:
19-2-104.
Powers of board.
(1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a) regarding the control, abatement, and prevention of air pollution from all sources
and the establishment of the maximum quantity of air pollutants that may be emitted by an air
pollutant source;
(b) establishing air quality standards;
(c) requiring persons engaged in operations that result in air pollution to:
(i) install, maintain, and use emission monitoring devices, as the board finds necessary;
(ii) file periodic reports containing information relating to the rate, period of emission,
and composition of the air pollutant; and
(iii) provide access to records relating to emissions which cause or contribute to air
pollution;
(d) (i) implementing:
(A) Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
Response, 15 U.S.C. 2601 et seq.;
(B) 40 C.F.R. Part 763, Asbestos; and
(C) 40 C.F.R. Part 61, National Emission Standards for Hazardous Air Pollutants,
Subpart M, National Emission Standard for Asbestos; and
(ii) reviewing and approving asbestos management plans submitted by local education
agencies under the Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
Response, 15 U.S.C. 2601 et seq.;
(e) establishing a requirement for a diesel emission opacity inspection and maintenance
program for diesel-powered motor vehicles;
(f) implementing an operating permit program as required by and in conformity with
Titles IV and V of the federal Clean Air Act Amendments of 1990;
(g) establishing requirements for county emissions inspection and maintenance
programs after obtaining agreement from the counties that would be affected by the
requirements;
(h) with the approval of the governor, implementing in air quality nonattainment areas
employer-based trip reduction programs applicable to businesses having more than 100
employees at a single location and applicable to federal, state, and local governments to the
extent necessary to attain and maintain ambient air quality standards consistent with the state
implementation plan and federal requirements under the standards set forth in Subsection (2);
(i) implementing lead-based paint training, certification, and performance requirements
in accordance with 15 U.S.C. 2601 et seq., Toxic Substances Control Act, Subchapter IV --
Lead Exposure Reduction, Sections 402 and 406; and
(j) to implement the requirements of Section 
19-2-107.5
.
(2) When implementing Subsection (1)(h) the board shall take into consideration:
(a) the impact of the business on overall air quality; and
(b) the need of the business to use automobiles in order to carry out its business
purposes.
(3) (a) The board may:
(i) hold a hearing that is not an adjudicative proceeding relating to any aspect of, or
matter in, the administration of this chapter;
(ii) recommend that the director:
(A) issue orders necessary to enforce the provisions of this chapter;
(B) enforce the orders by appropriate administrative and judicial proceedings;
(C) institute judicial proceedings to secure compliance with this chapter; or
(D) advise, consult, contract, and cooperate with other agencies of the state, local
governments, industries, other states, interstate or interlocal agencies, the federal government,
or interested persons or groups; and
(iii) establish certification requirements for asbestos project monitors, which shall
provide for experience-based certification of a person who:
(A) receives relevant asbestos training, as defined by rule; and
(B) has acquired a minimum of 1,000 hours of asbestos project monitoring related
work experience.
(b) The board shall:
(i) to ensure compliance with applicable statutes and regulations:
(A) review a settlement negotiated by the director in accordance with Subsection
19-2-107
(2)(b)(viii) that requires a civil penalty of $25,000 or more; and
(B) approve or disapprove the settlement;
(ii) encourage voluntary cooperation by persons and affected groups to achieve the
purposes of this chapter;
(iii) meet the requirements of federal air pollution laws;
(iv) by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, establish work practice and certification requirements for persons who:
(A) contract for hire to conduct demolition, renovation, salvage, encapsulation work
involving friable asbestos-containing materials, or asbestos inspections if:
(I) the contract work is done on a site other than a residential property with four or
fewer units; or
(II) the contract work is done on a residential property with four or fewer units where a
tested sample contained greater than 1% of asbestos;
(B) conduct work described in Subsection (3)(b)(iv)(A) in areas to which the general
public has unrestrained access or in school buildings that are subject to the federal Asbestos
Hazard Emergency Response Act of 1986;
(C) conduct asbestos inspections in facilities subject to 15 U.S.C. 2601 et seq., Toxic
Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or
(D) conduct lead-based paint inspections in facilities subject to 15 U.S.C. 2601 et seq.,
Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction;
(v) establish certification requirements for a person required under 15 U.S.C. 2601 et
seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to
be accredited as an inspector, management planner, abatement project designer, asbestos
abatement contractor and supervisor, or an asbestos abatement worker;
[
(vi) establish certification procedures and requirements for certification of the
conversion of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the
tax credit granted in Section 
59-7-605
 or 
59-10-1009
;
]
[
(vii)
] 
(vi)
 establish certification requirements for a person required under 15 U.S.C.
2601 et seq., Toxic Control Act, Subchapter IV - Lead Exposure Reduction, to be accredited as
an inspector, risk assessor, supervisor, project designer, abatement worker, renovator, or dust
sampling technician; and
[
(viii)
] 
(vii)
 assist the State Board of Education in adopting school bus idling reduction
standards and implementing an idling reduction program in accordance with Section
41-6a-1308
.
(4) A rule adopted under this chapter shall be consistent with provisions of federal
laws, if any, relating to control of motor vehicles or motor vehicle emissions.
(5) Nothing in this chapter authorizes the board to require installation of or payment for
any monitoring equipment by the owner or operator of a source if the owner or operator has
installed or is operating monitoring equipment that is equivalent to equipment which the board
would require under this section.
(6) (a) The board may not require testing for asbestos or related materials on a
residential property with four or fewer units, unless:
(i) the property's construction was completed before January 1, 1981; or
(ii) the testing is for:
(A) a sprayed-on or painted on ceiling treatment that contained or may contain asbestos
fiber;
(B) asbestos cement siding or roofing materials;
(C) resilient flooring products including vinyl asbestos tile, sheet vinyl products,
resilient flooring backing material, whether attached or unattached, and mastic;
(D) thermal-system insulation or tape on a duct or furnace; or
(E) vermiculite type insulation materials.
(b) A residential property with four or fewer units is subject to an abatement rule made
under Subsection (1) or (3)(b)(iv) if:
(i) a sample from the property is tested for asbestos; and
(ii) the sample contains asbestos measuring greater than 1%.
(7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
following that are subject to the authority granted to the director under Section 
19-2-107
 or
19-2-108
:
(a) a permit;
(b) a license;
(c) a registration;
(d) a certification; or
(e) another administrative authorization made by the director.
(8) A board member may not speak or act for the board unless the board member is
authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
(9) Notwithstanding Subsection (7), the board may exercise all authority granted to the
board by a federally enforceable state implementation plan.
Section 30. Section 
19-6-102.1
 is amended to read:
19-6-102.1.
Treatment and disposal -- Exclusions.
As used in Subsections [
19-6-104
(3)(e)(ii)(B),
] 
19-6-108
(3)(b), 
19-6-108
(3)(c)(ii)(B),
and 
19-6-119
(1)(a), the term "treatment [
and
] 
or
 disposal" specifically excludes the recycling,
use, reuse, or reprocessing of fly ash waste, bottom ash waste, slag waste, or flue gas emission
control waste generated primarily from the combustion of coal or other fossil fuels; waste from
the extraction, beneficiation, and processing of ores and minerals; or cement kiln dust,
including recycle, reuse, use, or reprocessing for road sanding, sand blasting, road construction,
railway ballast, construction fill, aggregate, and other construction-related purposes.
Section 31. Section 
19-6-104
 is amended to read:
19-6-104.
Powers of board -- Creation of statewide solid waste management plan.
(1) The board may:
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that are necessary to implement the provisions of the Radiation Control Act;
(b) recommend that the director:
(i) issue orders necessary to enforce the provisions of the Radiation Control Act;
(ii) enforce the orders by appropriate administrative and judicial proceedings; or
(iii) institute judicial proceedings to secure compliance with this part;
(c) (i) hold a hearing that is not an adjudicative proceeding; or
(ii) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding;
(d) accept, receive, and administer grants or other funds or gifts from public and
private agencies, including the federal government, for the purpose of carrying out any of the
functions of the Radiation Control Act; or
(e) order the director to impound radioactive material in accordance with Section
19-3-111
.
(2) (a) The board shall promote the planning and application of pollution prevention
and radioactive waste minimization measures to prevent the unnecessary waste and depletion
of natural resources; and
(b) review the qualifications of, and issue certificates of approval to, individuals who:
(i) survey mammography equipment; or
(ii) oversee quality assurance practices at mammography facilities.
(3) The board shall:
(a) survey solid and hazardous waste generation and management practices within this
state and, after public hearing and after providing opportunities for comment by local
governmental entities, industry, and other interested persons, prepare and revise, as necessary, a
waste management plan for the state;
(b) order the director to:
(i) issue orders necessary to effectuate the provisions of this part and rules made under
this part;
(ii) enforce the orders by administrative and judicial proceedings; or
(iii) initiate judicial proceedings to secure compliance with this part;
(c) promote the planning and application of resource recovery systems to prevent the
unnecessary waste and depletion of natural resources;
(d) meet the requirements of federal law related to solid and hazardous wastes to insure
that the solid and hazardous wastes program provided for in this part is qualified to assume
primacy from the federal government in control over solid and hazardous waste;
(e) (i) require any facility, including those listed in Subsection (3)(e)(ii), to submit
plans, specifications, and other information required by the board to the director prior to
construction, modification, installation, or establishment of a facility to allow the director to
determine whether the proposed construction, modification, installation, or establishment of the
facility will be in accordance with rules made under this part;
(ii) facilities referred to in Subsection (3)(e)(i) include any incinerator that is intended
for disposing of nonhazardous solid waste; [
and
]
(iii) a facility referred to in Subsection (3)(e)(i) does not include a commercial facility
that is solely for the purpose of recycling, reuse, or reprocessing the following waste:
(A) fly ash waste;
(B) bottom ash waste;
(C) slag waste; or
(D) flue gas emission control waste generated primarily from the combustion of coal or
other fossil fuels; 
and
(iv) a facility referred to in Subsection (3)(e)(i) does not include a facility when the
following waste is generated and the disposal occurs at an on-site location owned and operated
by the generator of the waste:
(A) waste from the extraction, beneficiation, and processing of ores and minerals listed
in 40 C.F.R. 261.4(b)(7)(ii); or
(B) cement kiln dust;
(f) to ensure compliance with applicable statutes and regulations:
(i) review a settlement negotiated by the director in accordance with Subsection
19-6-107
(3)(a) that requires a civil penalty of $25,000 or more; and
(ii) approve or disapprove the settlement.
(4) The board may:
(a) (i) hold a hearing that is not an adjudicative proceeding; or
(ii) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding;
or
(b) advise, consult, cooperate with, or provide technical assistance to other agencies of
the state or federal government, other states, interstate agencies, or affected groups, political
subdivisions, industries, or other persons in carrying out the purposes of this part.
(5) (a) The board shall establish a comprehensive statewide waste management plan.
(b) The plan shall:
(i) incorporate the solid waste management plans submitted by the counties;
(ii) provide an estimate of solid waste capacity needed in the state for the next 20
years;
(iii) assess the state's ability to minimize waste and recycle;
(iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste
needs and existing capacity;
(v) evaluate facility siting, design, and operation;
(vi) review funding alternatives for solid waste management; and
(vii) address other solid waste management concerns that the board finds appropriate
for the preservation of the public health and the environment.
(c) The board shall consider the economic viability of solid waste management
strategies prior to incorporating them into the plan and shall consider the needs of population
centers.
(d) The board shall review and modify the comprehensive statewide solid waste
management plan no less frequently than every five years.
(6) (a) The board shall determine the type of solid waste generated in the state and
tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid
waste management plan.
(b) The board shall review and modify the inventory no less frequently than once every
five years.
(7) Subject to the limitations contained in Subsection 
19-6-102
(18)(b), the board shall
establish siting criteria for nonhazardous solid waste disposal facilities, including incinerators.
(8) The board may not issue, amend, renew, modify, revoke, or terminate any of the
following that are subject to the authority granted to the director under Section 
19-6-107
:
(a) a permit;
(b) a license;
(c) a registration;
(d) a certification; or
(e) another administrative authorization made by the director.
(9) A board member may not speak or act for the board unless the board member is
authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
Section 32. Section 
19-6-715
 is amended to read:
19-6-715.
Recycling fee collection procedures.
(1) A lubricating oil vendor shall pay the fee collected under Section 
19-6-714
 to the
commission:
(a) monthly on or before the last day of the month immediately following the last day
of the previous month if:
(i) the lubricating oil vendor is required to file a sales and use tax return with the
commission monthly under Section 
59-12-108
; or
(ii) the lubricating oil vendor is not required to file a sales and use tax return under
Title 59, Chapter 12, Sales and Use Tax Act; or
(b) quarterly on or before the last day of the month immediately following the last day
of the previous quarter if the lubricating oil vendor is required to file a sales and use tax return
with the commission quarterly under Section [
59-12-108
] 
59-12-107
.
(2) A lubricating oil vendor may retain a maximum of 2% of the recycling fee it
collects under Section 
19-6-714
 for the costs of collecting the fee.
(3) The payment of the fee to the commission shall be accompanied by a form provided
by the commission.
Section 33. Section 
19-6-808
 is amended to read:
19-6-808.
Payment of recycling fee -- Administrative charge.
(1) A tire retailer shall pay the recycling fee to the commission:
(a) monthly on or before the last day of the month immediately following the last day
of the previous month if:
(i) the tire retailer is required to file a sales and use tax return with the commission
monthly under Section 
59-12-108
; or
(ii) the tire retailer is not required to file a sales and use tax return under Title 59,
Chapter 12, Sales and Use Tax Act; or
(b) quarterly on or before the last day of the month immediately following the last day
of the previous quarter if the tire retailer is required to file a sales and use tax return with the
commission quarterly under Section [
59-12-108
] 
59-12-107
.
(2) The payment shall be accompanied by a form prescribed by the commission.
(3) (a) The proceeds of the fee shall be transferred by the commission to the fund for
payment of partial reimbursement.
(b) The commission shall retain and deposit an administrative charge in accordance
with Section 
59-1-306
 from the revenues the commission collects from a fee under Section
19-6-805
.
(4) (a) The commission shall administer, collect, and enforce the fee authorized under
this part in accordance with the same procedures used in the administration, collection, and
enforcement of the state sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act,
and Title 59, Chapter 1, General Taxation Policies.
(b) A tire retailer may retain 2-1/2% of the recycling fee collected under this part for
the cost of collecting the fee.
(c) The exemptions provided in Section 
59-12-104
 do not apply to this part.
(5) The fee imposed by this part is in addition to all other state, county, or municipal
fees and taxes imposed on the sale of new tires.
Section 34. Section 
20A-1-102
 is amended to read:
20A-1-102.
Definitions.
As used in this title:
(1) "Active voter" means a registered voter who has not been classified as an inactive
voter by the county clerk.
(2) "Automatic tabulating equipment" means apparatus that automatically examines
and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
(3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
upon which a voter records the voter's votes.
(b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
envelopes.
(4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
(a) contain the names of offices and candidates and statements of ballot propositions to
be voted on; and
(b) are used in conjunction with ballot sheets that do not display that information.
(5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
on the ballot for their approval or rejection including:
(a) an opinion question specifically authorized by the Legislature;
(b) a constitutional amendment;
(c) an initiative;
(d) a referendum;
(e) a bond proposition;
(f) a judicial retention question;
(g) an incorporation of a city or town; or
(h) any other ballot question specifically authorized by the Legislature.
(6) "Ballot sheet":
(a) means a ballot that:
(i) consists of paper or a card where the voter's votes are marked or recorded; and
(ii) can be counted using automatic tabulating equipment; and
(b) includes punch card ballots and other ballots that are machine-countable.
(7) "Bind," "binding," or "bound" means securing more than one piece of paper
together with a staple or stitch in at least three places across the top of the paper in the blank
space reserved for securing the paper.
(8) "Board of canvassers" means the entities established by Sections 
20A-4-301
 and
20A-4-306
 to canvass election returns.
(9) "Bond election" means an election held for the purpose of approving or rejecting
the proposed issuance of bonds by a government entity.
(10) "Book voter registration form" means voter registration forms contained in a
bound book that are used by election officers and registration agents to register persons to vote.
(11) "Business reply mail envelope" means an envelope that may be mailed free of
charge by the sender.
(12) "By-mail voter registration form" means a voter registration form designed to be
completed by the voter and mailed to the election officer.
(13) "Canvass" means the review of election returns and the official declaration of
election results by the board of canvassers.
(14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
the canvass.
(15) "Contracting election officer" means an election officer who enters into a contract
or interlocal agreement with a provider election officer.
(16) "Convention" means the political party convention at which party officers and
delegates are selected.
(17) "Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(18) "Counting judge" means a poll worker designated to count the ballots during
election day.
(19) "Counting room" means a suitable and convenient private place or room,
immediately adjoining the place where the election is being held, for use by the poll workers
and counting judges to count ballots during election day.
(20) "County officers" means those county officers that are required by law to be
elected.
(21) "Date of the election" or "election day" or "day of the election":
(a) means the day that is specified in the calendar year as the day that the election
occurs; and
(b) does not include:
(i) deadlines established for absentee voting; or
(ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
Voting.
(22) "Elected official" means:
(a) a person elected to an office under Section 
20A-1-303
 or Chapter [
] 
, Part 6,
[
Election Offenses - Generally
] 
Municipal Alternate Voting Methods Pilot Project
;
(b) a person who is considered to be elected to a municipal office in accordance with
Subsection 
20A-1-206
(1)(c)(ii); or
(c) a person who is considered to be elected to a local district office in accordance with
Subsection 
20A-1-206
(3)(c)(ii).
(23) "Election" means a regular general election, a municipal general election, a
statewide special election, a local special election, a regular primary election, a municipal
primary election, and a local district election.
(24) "Election Assistance Commission" means the commission established by the Help
America Vote Act of 2002, Pub. L. No. 107-252.
(25) "Election cycle" means the period beginning on the first day persons are eligible to
file declarations of candidacy and ending when the canvass is completed.
(26) "Election judge" means a poll worker that is assigned to:
(a) preside over other poll workers at a polling place;
(b) act as the presiding election judge; or
(c) serve as a canvassing judge, counting judge, or receiving judge.
(27) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots and elections;
(b) the county clerk for:
(i) a county ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(c) the municipal clerk for:
(i) a municipal ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(d) the local district clerk or chief executive officer for:
(i) a local district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
; or
(e) the business administrator or superintendent of a school district for:
(i) a school district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
.
(28) "Election official" means any election officer, election judge, or poll worker.
(29) "Election results" means:
(a) for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b) for bond elections, the count of those votes cast for and against the bond
proposition plus any or all of the election returns that the board of canvassers may request.
(30) "Election returns" includes the pollbook, the military and overseas absentee voter
registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
form, and the total votes cast form.
(31) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
device or other voting device that records and stores ballot information by electronic means.
(32) "Electronic signature" means an electronic sound, symbol, or process attached to
or logically associated with a record and executed or adopted by a person with the intent to sign
the record.
(33) (a) "Electronic voting device" means a voting device that uses electronic ballots.
(b) "Electronic voting device" includes a direct recording electronic voting device.
(34) "Inactive voter" means a registered voter who is listed as inactive by a county
clerk under Subsection 
20A-2-306
(4)(c)(i) or (ii).
(35) "Judicial office" means the office filled by any judicial officer.
(36) "Judicial officer" means any justice or judge of a court of record or any county
court judge.
(37) "Local district" means a local government entity under Title 17B, Limited Purpose
Local Government Entities - Local Districts, and includes a special service district under Title
17D, Chapter 1, Special Service District Act.
(38) "Local district officers" means those local district board members that are required
by law to be elected.
(39) "Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a local district election, and a bond
election.
(40) "Local political subdivision" means a county, a municipality, a local district, or a
local school district.
(41) "Local special election" means a special election called by the governing body of a
local political subdivision in which all registered voters of the local political subdivision may
vote.
(42) "Municipal executive" means:
(a) the mayor in the council-mayor form of government defined in Section 
10-3b-102
;
(b) the mayor in the council-manager form of government defined in Subsection
10-3b-103
(7); or
(c) the chair of a metro township form of government defined in Section 
10-3b-102
.
(43) "Municipal general election" means the election held in municipalities and, as
applicable, local districts on the first Tuesday after the first Monday in November of each
odd-numbered year for the purposes established in Section 
20A-1-202
.
(44) "Municipal legislative body" means:
(a) the council of the city or town in any form of municipal government; or
(b) the council of a metro township.
(45) "Municipal office" means an elective office in a municipality.
(46) "Municipal officers" means those municipal officers that are required by law to be
elected.
(47) "Municipal primary election" means an election held to nominate candidates for
municipal office.
(48) "Municipality" means a city, town, or metro township.
(49) "Official ballot" means the ballots distributed by the election officer to the poll
workers to be given to voters to record their votes.
(50) "Official endorsement" means:
(a) the information on the ballot that identifies:
(i) the ballot as an official ballot;
(ii) the date of the election; and
(iii) (A) for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection 
20A-6-401
(1)(a)(iii); or
(B) for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301
(1)(b)(iii); and
(b) the information on the ballot stub that identifies:
(i) the poll worker's initials; and
(ii) the ballot number.
(51) "Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section 
20A-5-401
.
(52) "Paper ballot" means a paper that contains:
(a) the names of offices and candidates and statements of ballot propositions to be
voted on; and
(b) spaces for the voter to record the voter's vote for each office and for or against each
ballot proposition.
(53) "Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party Formation
and Procedures.
(54) (a) "Poll worker" means a person assigned by an election official to assist with an
election, voting, or counting votes.
(b) "Poll worker" includes election judges.
(c) "Poll worker" does not include a watcher.
(55) "Pollbook" means a record of the names of voters in the order that they appear to
cast votes.
(56) "Polling place" means the building where voting is conducted.
(57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
in which the voter marks the voter's choice.
(58) "Presidential Primary Election" means the election established in Chapter 9, Part
8, Presidential Primary Election.
(59) "Primary convention" means the political party conventions held during the year
of the regular general election.
(60) "Protective counter" means a separate counter, which cannot be reset, that:
(a) is built into a voting machine; and
(b) records the total number of movements of the operating lever.
(61) "Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(62) "Provisional ballot" means a ballot voted provisionally by a person:
(a) whose name is not listed on the official register at the polling place;
(b) whose legal right to vote is challenged as provided in this title; or
(c) whose identity was not sufficiently established by a poll worker.
(63) "Provisional ballot envelope" means an envelope printed in the form required by
Section 
20A-6-105
 that is used to identify provisional ballots and to provide information to
verify a person's legal right to vote.
(64) "Qualify" or "qualified" means to take the oath of office and begin performing the
duties of the position for which the person was elected.
(65) "Receiving judge" means the poll worker that checks the voter's name in the
official register, provides the voter with a ballot, and removes the ballot stub from the ballot
after the voter has voted.
(66) "Registration form" means a book voter registration form and a by-mail voter
registration form.
(67) "Regular ballot" means a ballot that is not a provisional ballot.
(68) "Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the purposes
established in Section 
20A-1-201
.
(69) "Regular primary election" means the election, held on the date specified in
Section 
20A-1-201.5
, to nominate candidates of political parties and candidates for nonpartisan
local school board positions to advance to the regular general election.
(70) "Resident" means a person who resides within a specific voting precinct in Utah.
(71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
and distributed as provided in Section 
20A-5-405
.
(72) "Scratch vote" means to mark or punch the straight party ticket and then mark or
punch the ballot for one or more candidates who are members of different political parties or
who are unaffiliated.
(73) "Secrecy envelope" means the envelope given to a voter along with the ballot into
which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
the voter's vote.
(74) "Special election" means an election held as authorized by Section 
20A-1-203
.
(75) "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
(c) lacks the official endorsement.
(76) "Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(77) "Stub" means the detachable part of each ballot.
(78) "Substitute ballots" means replacement ballots provided by an election officer to
the poll workers when the official ballots are lost or stolen.
(79) "Ticket" means a list of:
(a) political parties;
(b) candidates for an office; or
(c) ballot propositions. 
(80) "Transfer case" means the sealed box used to transport voted ballots to the
counting center.
(81) "Vacancy" means the absence of a person to serve in any position created by
statute, whether that absence occurs because of death, disability, disqualification, resignation,
or other cause.
(82) "Valid voter identification" means:
(a) a form of identification that bears the name and photograph of the voter which may
include:
(i) a currently valid Utah driver license;
(ii) a currently valid identification card that is issued by:
(A) the state; or
(B) a branch, department, or agency of the United States;
(iii) a currently valid Utah permit to carry a concealed weapon;
(iv) a currently valid United States passport; or
(v) a currently valid United States military identification card;
(b) one of the following identification cards, whether or not the card includes a
photograph of the voter:
(i) a valid tribal identification card;
(ii) a Bureau of Indian Affairs card; or
(iii) a tribal treaty card; or
(c) two forms of identification not listed under Subsection (82)(a) or (b) but that bear
the name of the voter and provide evidence that the voter resides in the voting precinct, which
may include:
(i) a current utility bill or a legible copy thereof, dated within the 90 days before the
election;
(ii) a bank or other financial account statement, or a legible copy thereof;
(iii) a certified birth certificate;
(iv) a valid social security card;
(v) a check issued by the state or the federal government or a legible copy thereof;
(vi) a paycheck from the voter's employer, or a legible copy thereof;
(vii) a currently valid Utah hunting or fishing license;
(viii) certified naturalization documentation;
(ix) a currently valid license issued by an authorized agency of the United States;
(x) a certified copy of court records showing the voter's adoption or name change;
(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
(xii) a currently valid identification card issued by:
(A) a local government within the state;
(B) an employer for an employee; or
(C) a college, university, technical school, or professional school located within the
state; or
(xiii) a current Utah vehicle registration.
(83) "Valid write-in candidate" means a candidate who has qualified as a write-in
candidate by following the procedures and requirements of this title.
(84) "Voter" means a person who:
(a) meets the requirements for voting in an election;
(b) meets the requirements of election registration;
(c) is registered to vote; and
(d) is listed in the official register book.
(85) "Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(86) "Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.
(87) "Voting booth" means:
(a) the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting machine enclosure or curtain; or
(b) a voting device that is free standing.
(88) "Voting device" means:
(a) an apparatus in which ballot sheets are used in connection with a punch device for
piercing the ballots by the voter;
(b) a device for marking the ballots with ink or another substance;
(c) an electronic voting device or other device used to make selections and cast a ballot
electronically, or any component thereof;
(d) an automated voting system under Section 
20A-5-302
; or
(e) any other method for recording votes on ballots so that the ballot may be tabulated
by means of automatic tabulating equipment.
(89) "Voting machine" means a machine designed for the sole purpose of recording
and tabulating votes cast by voters at an election.
(90) "Voting precinct" means the smallest voting unit established as provided by law
within which qualified voters vote at one polling place.
(91) "Watcher" means an individual who complies with the requirements described in
Section 
20A-3-201
 to become a watcher for an election.
(92) "Write-in ballot" means a ballot containing any write-in votes.
(93) "Write-in vote" means a vote cast for a person whose name is not printed on the
ballot according to the procedures established in this title.
Section 35. Section 
20A-3-302
 is amended to read:
20A-3-302.
Conducting election by absentee ballot.
(1) (a) Notwithstanding Section 
17B-1-306
, an election officer may administer an
election by absentee ballot under this section.
(b) An election officer who administers an election by absentee ballot, except for an
election conducted under Section 
20A-7-609.5
, shall, before the following dates, notify the
lieutenant governor that the election will be administered by absentee ballot:
(i) February 1 of an even-numbered year if the election is a regular general election; or
(ii) May 1 of an odd-numbered year if the election is a municipal general election.
(2) An election officer who administers an election by absentee ballot:
(a) shall mail to each active voter within a voting precinct:
(i) an absentee ballot;
(ii) for an election administered by a county clerk, information regarding the location
and hours of operation of any election day voting center at which the voter may vote;
(iii) a courtesy reply mail envelope;
(iv) instructions for returning the ballot that include an express notice about any
relevant deadlines that the voter must meet in order for the voter's vote to be counted; and
(v) for an election administered by an election officer other than a county clerk, if the
election officer does not operate a polling location or an election day voting center, a warning,
on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
the instructions included with the absentee ballot, the voter will be unable to vote in that
election because there will be no polling place in the voting precinct on the day of the election;
and
(b) may not mail an absentee ballot under this section to:
(i) an inactive voter; or
(ii) a voter whom the election officer is prohibited from sending an absentee ballot
under Subsection (8)(c)(ii).
(3) A voter who votes by absentee ballot under this section is not required to apply for
an absentee ballot as required by this part.
(4) An election officer who administers an election by absentee ballot shall:
(a) (i) obtain, in person, the signatures of each voter within that voting precinct before
the election; or
(ii) obtain the signature of each voter within the voting precinct from the county clerk;
and
(b) maintain the signatures on file in the election officer's office.
(5) Upon receipt of a returned absentee ballot, the election officer shall review and
process the ballot under Section 
20A-3-308
.
(6) A county that administers an election by absentee ballot:
(a) shall provide at least one election day voting center in accordance with Chapter 3,
Part 7, Election Day Voting Center, for every 5,000 active voters in the county who will not
receive an absentee ballot, but not fewer than one election day voting center;
(b) shall ensure that each election day voting center operated by the county has at least
one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
Pub. L. No. 107-252, for individuals with disabilities;
(c) may reduce the early voting period described in Section [
20A-6-301
] 
20A-3-601
, if:
(i) the county clerk conducts early voting on at least four days;
(ii) the early voting days are within the period beginning on the date that is 14 days
before the date of the election and ending on the day before the election; and
(iii) the county clerk provides notice of the reduced early voting period in accordance
with Section 
20A-3-604
;
(d) is not required to pay return postage for an absentee ballot; and
(e) is subject to an audit conducted under Subsection (7).
(7) (a) The lieutenant governor shall:
(i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
an election conducted under this section; and
(ii) after each primary, general, or special election conducted under this section, select
a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
developed under Subsection (7)(a)(i).
(b) The lieutenant governor shall post the results of an audit conducted under this
Subsection (7) on the lieutenant governor's website.
(8) (a) An individual in a jurisdiction that conducts an election by absentee ballot may
request that the election officer not send the individual a ballot by mail in the next and
subsequent elections by submitting a written request to the election officer.
(b) An individual shall submit the request described in Subsection (8)(a) to the election
officer before 5 p.m. no later than 60 days before an election if the individual does not wish to
receive an absentee ballot in that election.
(c) An election officer who receives a request from an individual under Subsection
(8)(a):
(i) shall remove the individual's name from the list of voters who will receive an
absentee ballot; and
(ii) may not send the individual an absentee ballot for:
(A) the next election, if the individual submits the request described in Subsection
(8)(a) before the deadline described in Subsection (8)(b); or
(B) an election after the election described in Subsection (8)(c)(ii)(A).
(d) An individual who submits a request under Subsection (8)(a) may resume the
individual's receipt of an absentee ballot in an election conducted under this section by filing an
absentee ballot request under Section 
20A-3-304
.
Section 36. Section 
20A-7-402
 is amended to read:
20A-7-402.
Local voter information pamphlet -- Contents -- Limitations --
Preparation -- Statement on front cover.
(1) The county or municipality that is subject to a ballot proposition shall prepare a
local voter information pamphlet that complies with the requirements of this part.
(2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
that is subject to a special local ballot proposition shall provide a notice that complies with the
requirements of Subsection (2)(c)(ii) to the municipality's residents by:
(i) if the municipality regularly mails a newsletter, utility bill, or other material to the
municipality's residents, including the notice with a newsletter, utility bill, or other material;
(ii) posting the notice, until after the deadline described in Subsection (2)(d) has
passed, on:
(A) the Utah Public Notice Website created in Section 
63F-1-701
; and
(B) the home page of the municipality's website, if the municipality has a website; and
(iii) sending the notice electronically to each individual in the municipality for whom
the municipality has an email address.
(b) A county that is subject to a special local ballot proposition shall:
(i) send an electronic notice that complies with the requirements of Subsection
(2)(c)(ii) to each individual in the county for whom the county has an email address; or
(ii) until after the deadline described in Subsection (2)(d) has passed, post a notice that
complies with the requirements of Subsection (2)(c)(ii) on:
(A) the Utah Public Notice Website created in Section 
63F-1-701
; and
(B) the home page of the county's website.
(c) A municipality or county that mails, sends, or posts a notice under Subsection (2)(a)
or (b) shall:
(i) mail, send, or post the notice:
(A) not less than 90 days before the date of the election at which a special local ballot
proposition will be voted upon; or
(B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
after the special local ballot proposition is approved to be voted upon in an election; and
(ii) ensure that the notice contains:
(A) the ballot title for the special local ballot proposition;
(B) instructions on how to file a request under Subsection (2)(d); and
(C) the deadline described in Subsection (2)(d).
(d) To prepare a written argument for or against a special local ballot proposition, an
eligible voter shall file a request with the election officer before 5 p.m. no later than 55 days
before the day of the election at which the special local ballot proposition is to be voted on.
(e) If more than one eligible voter requests the opportunity to prepare a written
argument for or against a special local ballot proposition, the election officer shall make the
final designation in accordance with the following order of priority:
(i) sponsors have priority in preparing an argument regarding a special local ballot
proposition; and
(ii) members of the local legislative body have priority over others if a majority of the
local legislative body supports the written argument.
(f) The election officer shall grant a request described in Subsection (2)(d) or (e) no
later than 67 days before the day of the election at which the ballot proposition is to be voted
on.
(g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
favor of the special local ballot proposition.
(ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
proposition who submits a request under Subsection (2)(d) may prepare a written argument
against the special local ballot proposition.
(h) An eligible voter who submits a written argument under this section in relation to a
special local ballot proposition shall:
(i) ensure that the written argument does not exceed 500 words in length, not counting
the information described in Subsection (2)(h)(ii) or (iv);
(ii) list, at the end of the argument, at least one, but no more than five, names as
sponsors;
(iii) submit the written argument to the election officer before 5 p.m. no later than 60
days before the election day on which the ballot proposition will be submitted to the voters;
(iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
residential address; and
(v) submit with the written argument the eligible voter's name, residential address,
postal address, email address if available, and phone number.
(i) An election officer shall refuse to accept and publish an argument submitted after
the deadline described in Subsection (2)(h)(iii).
(3) (a) An election officer who timely receives the written arguments in favor of and
against a special local ballot proposition shall, within one business day after the day on which
the election office receives both written arguments, send, via mail or email:
(i) a copy of the written argument in favor of the special local ballot proposition to the
eligible voter who submitted the written argument against the special local ballot proposition;
and
(ii) a copy of the written argument against the special local ballot proposition to the
eligible voter who submitted the written argument in favor of the special local ballot
proposition.
(b) The eligible voter who submitted a timely written argument in favor of the special
local ballot proposition:
(i) may submit to the election officer a written rebuttal argument of the written
argument against the special local ballot proposition;
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
not counting the information described in Subsection [
(3)
] 
(2)
(h)(ii) or (iv); and
(iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
before the election day on which the special local ballot proposition will be submitted to the
voters.
(c) The eligible voter who submitted a timely written argument against the special local
ballot proposition:
(i) may submit to the election officer a written rebuttal argument of the written
argument in favor of the special local ballot proposition;
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
not counting the information described in Subsection [
(3)
] 
(2)
(h)(ii) or (iv); and
(iii) shall submit the written rebuttal argument before 5 p.m. no later than 45 days
before the election day on which the special local ballot proposition will be submitted to the
voters.
(d) An election officer shall refuse to accept and publish a written rebuttal argument in
relation to a special local ballot proposition that is submitted after the deadline described in
Subsection (3)(b)(iii) or (3)(c)(iii).
(4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
proposition:
(i) an eligible voter may not modify a written argument or a written rebuttal argument
after the eligible voter submits the written argument or written rebuttal argument to the election
officer; and
(ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
modify a written argument or a written rebuttal argument.
(b) The election officer, and the eligible voter who submits a written argument or
written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
modify a written argument or written rebuttal argument in order to:
(i) correct factual, grammatical, or spelling errors; and
(ii) reduce the number of words to come into compliance with the requirements of this
section.
(c) An election officer shall refuse to accept and publish a written argument or written
rebuttal argument in relation to a special local ballot proposition if the eligible voter who
submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
(5) In relation to a special local ballot proposition, an election officer may designate
another eligible voter to take the place of an eligible voter described in this section if the
original eligible voter is, due to injury, illness, death, or another circumstance, unable to
continue to fulfill the duties of an eligible voter described in this section.
(6) Sponsors whose written argument in favor of a standard local ballot proposition is
included in a proposition information pamphlet under Section 
20A-7-401.5
:
(a) may, if a written argument against the standard local ballot proposition is included
in the proposition information pamphlet, submit a written rebuttal argument to the election
officer;
(b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
and
(c) shall submit the written rebuttal argument no later than 45 days before the election
day on which the standard local ballot proposition will be submitted to the voters.
(7) (a) A county or municipality that submitted a written argument against a standard
local ballot proposition that is included in a proposition information pamphlet under Section
20A-7-401.5
:
(i) may, if a written argument in favor of the standard local ballot proposition is
included in the proposition information pamphlet, submit a written rebuttal argument to the
election officer;
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
and
(iii) shall submit the written rebuttal argument no later than 45 days before the election
day on which the ballot proposition will be submitted to the voters.
(b) If a county or municipality submits more than one written rebuttal argument under
Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
giving preference to a written rebuttal argument submitted by a member of a local legislative
body.
(8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
(b) Before an election officer publishes a local voter information pamphlet under this
section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
Records Access and Management Act.
(c) An election officer who receives a written rebuttal argument described in this
section may not, before publishing the local voter information pamphlet described in this
section, disclose the written rebuttal argument, or any information contained in the written
rebuttal argument, to any person who may in any way be involved in preparing an opposing
rebuttal argument.
(9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
rebuttal argument after the written rebuttal argument is submitted to the election officer.
(b) The election officer, and the person who submits a written rebuttal argument, may
jointly agree to modify a written rebuttal argument in order to:
(i) correct factual, grammatical, or spelling errors; or
(ii) reduce the number of words to come into compliance with the requirements of this
section.
(c) An election officer shall refuse to accept and publish a written rebuttal argument if
the person who submits the written rebuttal argument:
(i) fails to negotiate, in good faith, to modify the written rebuttal argument in
accordance with Subsection (9)(b); or
(ii) does not timely submit the written rebuttal argument to the election officer.
(d) An election officer shall make a good faith effort to negotiate a modification
described in Subsection (9)(b) in an expedited manner.
(10) An election officer may designate another person to take the place of a person who
submits a written rebuttal argument in relation to a standard local ballot proposition if the
person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
person's duties.
(11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
impact estimate and the legal impact statement prepared for each initiative under Section
20A-7-502.5
.
(b) If the initiative proposes a tax increase, the local voter information pamphlet shall
include the following statement in bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
(12) (a) In preparing the local voter information pamphlet, the election officer shall:
(i) ensure that the written arguments are printed on the same sheet of paper upon which
the ballot proposition is also printed;
(ii) ensure that the following statement is printed on the front cover or the heading of
the first page of the printed written arguments:
"The arguments for or against a ballot proposition are the opinions of the authors.";
(iii) pay for the printing and binding of the local voter information pamphlet; and
(iv) not less than 15 days before, but not more than 45 days before, the election at
which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
voter entitled to vote on the ballot proposition:
(A) a voter information pamphlet; or
(B) the notice described in Subsection (12)(c).
(b) (i) If the language of the ballot proposition exceeds 500 words in length, the
election officer may summarize the ballot proposition in 500 words or less.
(ii) The summary shall state where a complete copy of the ballot proposition is
available for public review.
(c) (i) The election officer may distribute a notice printed on a postage prepaid,
preaddressed return form that a person may use to request delivery of a voter information
pamphlet by mail.
(ii) The notice described in Subsection (12)(c)(i) shall include:
(A) the address of the Statewide Electronic Voter Information Website authorized by
Section 
20A-7-801
; and
(B) the phone number a voter may call to request delivery of a voter information
pamphlet by mail or carrier.
Section 37. Section 
26-18-416
 is amended to read:
26-18-416.
Primary Care Network enhancement waiver program.
(1) As used in this section:
(a) "Enhancement waiver program" means the Primary Care Network enhancement
waiver program described in this section. 
(b) "Federal poverty level" means the poverty guidelines established by the secretary of
the United States Department of Health and Human Services under 42 U.S.C. Sec. 9902(2).
(c) "Health coverage improvement program" means the same as that term is defined in
Section 
26-18-411
.
(d) "Income eligibility ceiling" means the percentage of federal poverty level:
(i) established by the Legislature in an appropriations act adopted pursuant to Title 63J,
Chapter 1, Budgetary Procedures Act; and
(ii) under which an individual may qualify for coverage in the enhancement waiver
program in accordance with this section.
(e) "Optional population" means the optional expansion population under PPACA if
the expansion provides coverage for individuals at or above 95% of the federal poverty level.
(f) "Primary Care Network" means the state Primary Care Network program created by
the Medicaid primary care network demonstration waiver obtained under Section 
26-18-3
.
(2) The department shall continue to implement the Primary Care Network program for
qualified individuals under the Primary Care Network program. 
(3) (a) The division shall apply for a Medicaid waiver or a state plan amendment with
CMS to implement, within the state Medicaid program, the enhancement waiver program
described in this section within six months after the day on which:
(i) the division receives a notice from CMS that the waiver for the Medicaid waiver
expansion submitted under Section 
26-18-415
, Medicaid waiver expansion, will not be
approved; or
(ii) the division withdraws the waiver for the Medicaid waiver expansion submitted
under Section 
26-18-415
, Medicaid waiver expansion.
(b) The division may not apply for a waiver under Subsection (3)(a) while a waiver
request under Section 
26-18-415
, Medicaid waiver expansion, is pending with CMS.
(4) An individual who is eligible for the enhancement waiver program may receive the
following benefits under the enhancement waiver program:
(a) the benefits offered under the Primary Care Network program; 
(b) diagnostic testing and procedures;
(c) medical specialty care;
(d) inpatient hospital services;
(e) outpatient hospital services;
(f) outpatient behavioral health care, including outpatient substance abuse care; and
(g) for an individual who qualifies for the health coverage improvement program, as
approved by CMS, temporary residential treatment for substance abuse in a short term,
non-institutional, 24-hour facility, without a bed capacity limit, that provides rehabilitation
services that are medically necessary and in accordance with an individualized treatment plan.
(5) An individual is eligible for the enhancement waiver program if, at the time of
enrollment:
(a) the individual is qualified to enroll in the Primary Care Network or the health
coverage improvement program;
(b) the individual's annual income is below the income eligibility ceiling established by
the Legislature under Subsection (1)(d); and
(c) the individual meets the eligibility criteria established by the department under
Subsection (6).
(6) (a) Based on available funding and approval from CMS [
and subject to Subsection
(6)(d)
], the department shall determine the criteria for an individual to qualify for the
enhancement waiver program, based on the following priority:
(i) adults in the expansion population, as defined in Section 
26-18-411
, who qualify for
the health coverage improvement program;
(ii) adults with dependent children who qualify for the health coverage improvement
program under Subsection 
26-18-411
(3) ;
(iii) adults with dependent children who do not qualify for the health coverage
improvement program; and 
(iv) if funding is available, adults without dependent children.
(b) The number of individuals enrolled in the enhancement waiver program may not
exceed 105% of the number of individuals who were enrolled in the Primary Care Network on
December 31, 2017.
(c) The department may only use appropriations from the Medicaid Expansion Fund
created in Section 
26-36b-208
 to fund the state portion of the enhancement waiver program.
(7) The department may request a modification of the income eligibility ceiling and the
eligibility criteria under Subsection (6) from CMS each fiscal year based on enrollment in the
enhancement waiver program, projected enrollment in the enhancement waiver program, costs
to the state, and the state budget.
(8) The department may implement the enhancement waiver program by contracting
with Medicaid accountable care organizations to administer the enhancement waiver program.
(9) In accordance with Subsections 
26-18-411
(11) and (12), the department may use
funds that have been appropriated for the health coverage improvement program to implement
the enhancement waiver program.
(10) If the department expands the state Medicaid program to the optional population,
the department:
(a) except as provided in Subsection (11), may not accept any new enrollees into the
enhancement waiver program after the day on which the expansion to the optional population 
is effective;
(b) shall suspend the enhancement waiver program within one year after the day on
which the expansion to the optional population is effective; and
(c) shall work with CMS to maintain the waiver for the enhancement waiver program
submitted under Subsection (3) while the enhancement waiver program is suspended under
Subsection (10)(b).
(11) If, after the expansion to the optional population described in Subsection (10)
takes effect, the expansion to the optional population is repealed by either the state or the
federal government, the department shall reinstate the enhancement waiver program and
continue to accept new enrollees into the enhancement waiver program in accordance with the
provisions of this section.
Section 38. Section 
26-19-302
 is amended to read:
26-19-302.
Insurance policies not to deny or reduce benefits of individuals eligible
for state medical assistance -- Exemptions.
(1) A policy of accident or sickness insurance may not contain any provision denying
or reducing benefits because services are rendered to an insured or dependent who is eligible
for or receiving medical assistance from the state.
(2) An association, corporation, or organization may not deliver, issue for delivery, or
renew any subscriber's contract which contains any provisions denying or reducing benefits
because services are rendered to a subscriber or dependent who is eligible for or receiving
medical assistance from the state.
(3) An association, corporation, business, or organization authorized to do business in
this state and which provides or pays for any health care benefits may not deny or reduce
benefits because services are rendered to a beneficiary who is eligible for or receiving medical
assistance from the state.
(4) Notwithstanding Subsection (1), (2), or (3), the Utah State Public [
Employees
]
Employees'
 Health Program, administered by the Utah State Retirement Board, is not required
to reimburse any agency of state government for custodial care which the agency provides,
through its staff or facilities, to members of the Utah State Public [
Employees
] 
Employees'
Health Program.
Section 39. Section 
26-61a-113
 is amended to read:
26-61a-113.
No effect on use of hemp extract -- Cannabidiol -- Approved drugs.
(1) Nothing in this chapter prohibits an individual[
: (a) with a valid hemp extract
registration card that the department issues under Section 
26-56-103
 from possessing,
administering, or using hemp extract in accordance with Section 
58-37-4.3
; or (b)
] from
purchasing, selling, possessing, or using a cannabidiol product in accordance with Section
4-41-402
.
(2) Nothing in this chapter restricts or otherwise affects the prescription, distribution,
or dispensing of a product that the United States Food and Drug Administration has approved.
Section 40. Section 
26-61a-301
 is amended to read:
26-61a-301.
 Medical cannabis pharmacy -- License -- Eligibility.
(1) A person may not operate as a medical cannabis pharmacy without a license that
the department issues under this part.
(2) (a) (i) Subject to Subsections (4) and (5) and to Section 
26-61a-305
, the department
shall issue a license to operate a medical cannabis pharmacy in accordance with Title 63G,
Chapter 6a, Utah Procurement Code.
(ii) The department may not issue a license to operate a medical cannabis pharmacy to
an applicant who is not eligible for a license under this section.
(b) An applicant is eligible for a license under this section if the applicant submits to
the department:
(i) subject to Subsection (2)(c), a proposed name and address where the applicant will
operate the medical cannabis pharmacy;
(ii) the name and address of an individual who:
(A) has a financial or voting interest of 2% or greater in the proposed medical cannabis
pharmacy; or
(B) has the power to direct or cause the management or control of a proposed cannabis
production establishment;
(iii) a statement that the applicant will obtain and maintain a performance bond that a
surety authorized to transact surety business in the state issues in an amount of at least
$125,000 for each application that the applicant submits to the department;
(iv) an operating plan that:
(A) complies with Section 
26-61a-304
;
(B) includes operating procedures to comply with the operating requirements for a
medical cannabis pharmacy described in this chapter and with a relevant municipal or county
law that is consistent with Section 
26-61a-507
; and
(C) the department approves;
(v) an application fee in an amount that, subject to Subsection 
26-61a-109
(5), the
department sets in accordance with Section 
63J-1-504
; and
(vi) a description of any investigation or adverse action taken by any licensing
jurisdiction, government agency, law enforcement agency, or court in any state for any
violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
or businesses.
(c) (i) A person may not locate a medical cannabis pharmacy:
(A) within 200 feet of a community location; or
(B) in or within 600 feet of a district that the relevant municipality or county has zoned
as primarily residential.
(ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
from the nearest entrance to the medical cannabis pharmacy establishment by following the
shortest route of ordinary pedestrian travel to the property boundary of the community location
or residential area.
(iii) The department may grant a waiver to reduce the proximity requirements in
Subsection (2)(c)(i) by up to 20% if the department determines that it is not reasonably feasible
for the applicant to site the proposed medical cannabis pharmacy without the waiver.
(iv) An applicant for a license under this section shall provide evidence of compliance
with the proximity requirements described in Subsection (2)(c)(i).
(d) The department may not issue a license to an eligible applicant that the department
has selected to receive a license until the selected eligible applicant obtains the performance
bond described in Subsection (2)(b)(iii).
(e) If the department receives more than one application for a medical cannabis
pharmacy within the same city or town, the department shall consult with the local land use
authority before approving any of the applications pertaining to that city or town.
(3) If the department selects an applicant for a medical cannabis pharmacy license
under this section, the department shall:
(a) charge the applicant an initial license fee in an amount that, subject to Subsection
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
; and
(b) notify the Department of Public Safety of the license approval and the names of
each individual described in Subsection (2)(b)(ii).
(4) The department may not issue a license to operate a medical cannabis pharmacy to
an applicant if an individual described in Subsection (2)(b)(ii):
(a) has been convicted under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution;
(b) is younger than 21 years old; or
(c) after [
the effective date of this bill
] 
September 23, 2019,
 until January 1, 2023, is
actively serving as a legislator.
(5) If an applicant for a medical cannabis pharmacy license under this section holds a
license under Title 4, Chapter 41, Hemp and Cannabinoid Act, or Title 4, Chapter 41a,
Cannabis Production Establishments, the department:
(a) shall consult with the Department of Agriculture and Food regarding the applicant;
and
(b) may not give preference to the applicant based on the applicant's status as a holder
of a license described in this Subsection (5).
(6) The department may revoke a license under this part if:
(a) the medical cannabis pharmacy does not begin operations within one year after the
day on which the department issues the initial license;
(b) the medical cannabis pharmacy makes the same violation of this chapter three
times;
(c) an individual described in Subsection (2)(b)(ii) is convicted, while the license is
active, under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution; or
(d) the licensee fails to provide the information described in Subsection (2)(b)(vi) at
the time of application, or fails to supplement the information described in Subsection
(2)(b)(vi) with any investigation or adverse action that occurs after the submission of the
application.
(7) (a) A person who receives a medical cannabis pharmacy license under this chapter,
if the municipality or county where the licensed medical cannabis pharmacy will be located
requires a local land use permit, shall submit to the department a copy of the licensee's
approved application for the land use permit within 120 days after the day on which the
department issues the license.
(b) If a licensee fails to submit to the department a copy the licensee's approved land
use permit application in accordance with Subsection (7)(a), the department may revoke the
licensee's license.
(8) The department shall deposit the proceeds of a fee imposed by this section in the
Qualified Patient Enterprise Fund.
(9) The department shall begin accepting applications under this part on or before
March 1, 2020.
(10) (a) The department's authority to issue a license under this section is plenary and is
not subject to review.
(b) Notwithstanding Subsection (2), the decision of the department to award a license
to an applicant is not subject to:
(i) Title 63G, Chapter 6a, Part 16, Protests; or
(ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
Section 41. Section 
26-61a-602
 is amended to read:
26-61a-602.
State central patient portal medical provider.
(1) In relation to the state central patient portal:
(a) the department may only employ, as a state central patient portal medical provider:
(i) a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act; or
(ii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(b) if the department employs a state central patient portal medical provider, 
the
department shall
 ensure that a state central patient portal medical provider is available during
normal business hours.
(2) A state central patient portal medical provider may:
(a) provide consultations to medical cannabis cardholders and qualified medical
providers; and
(b) determine dosing parameters in accordance with Subsection 
26-61a-502
(5).
Section 42. Section 
26-61a-604
 is amended to read:
26-61a-604.
Home delivery of medical cannabis shipments -- Medical cannabis
couriers -- License.
(1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home
delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders that the
state central patient portal facilitates, including rules regarding the safe and controlled delivery
of medical cannabis shipments.
(2) A person may not operate as a medical cannabis courier without a license that the
department issues under this section.
(3) (a) Subject to Subsections (5) and (6), the department shall issue a license to
operate as a medical cannabis courier to an applicant who is eligible for a license under this
section.
(b) An applicant is eligible for a license under this section if the applicant submits to
the department:
(i) the name and address of an individual who:
(A) has a financial or voting interest of 2% or greater in the proposed medical cannabis
pharmacy; or
(B) has the power to direct or cause the management or control of a proposed cannabis
production establishment;
(ii) an operating plan that includes operating procedures to comply with the operating
requirements for a medical cannabis courier described in this chapter; and
(iii) an application fee in an amount that, subject to Subsection 
26-61a-109
(5), the
department sets in accordance with Section 
63J-1-504
.
(4) If the department determines that an applicant is eligible for a license under this
section, the department shall:
(a) charge the applicant an initial license fee in an amount that, subject to Subsection
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
; and
(b) notify the Department of Public Safety of the license approval and the names of
each individual described in Subsection (3)(b)(ii).
(5) The department may not issue a license to operate as a medical cannabis courier to
an applicant if an individual described in Subsection (3)(b)(ii):
(a) has been convicted under state or federal law of:
(i) a felony; or
(ii) after [
the effective date of this bill
] 
September 23, 2019
, a misdemeanor for drug
distribution; or
(b) is younger than 21 years old.
(6) The department may revoke a license under this part if:
(a) the medical cannabis courier does not begin operations within one year after the day
on which the department issues the initial license;
(b) the medical cannabis courier makes the same violation of this chapter three times;
or
(c) an individual described in Subsection (3)(b)(ii) is convicted, while the license is
active, under state or federal law of:
(i) a felony; or
(ii) after [
the effective date of this bill
] 
September 23, 2019
, a misdemeanor for drug
distribution.
(7) The department shall deposit the proceeds of a fee imposed by this section in the
Qualified Patient Enterprise Fund.
(8) The department shall begin accepting applications under this section on or before
July 1, 2020.
(9) The department's authority to issue a license under this section is plenary and is not
subject to review.
(10) Each applicant for a license as a medical cannabis courier shall submit, at the time
of application, from each individual who has a financial or voting interest of 2% or greater in
the applicant or who has the power to direct or cause the management or control of the
applicant:
(a) a fingerprint card in a form acceptable to the Department of Public Safety;
(b) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the individual's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
(c) consent to a fingerprint background check by:
(i) the Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
(11) The Bureau of Criminal Identification shall:
(a) check the fingerprints the applicant submits under Subsection (10) against the
applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(b) report the results of the background check to the department;
(c) maintain a separate file of fingerprints that applicants submit under Subsection (10)
for search by future submissions to the local and regional criminal records databases, including
latent prints;
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(e) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(12) The department shall:
(a) assess an individual who submits fingerprints under Subsection (10) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(b) remit the fee described in Subsection (12)(a) to the Bureau of Criminal
Identification.
(13) The department shall renew a license under this section every year if, at the time
of renewal:
(a) the licensee meets the requirements of this section; and
(b) the licensee pays the department a license renewal fee in an amount that, subject to
Subsection 
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
.
(14) A person applying for a medical cannabis courier license shall submit to the
department a proposed operating plan that complies with this section and that includes:
(a) a description of the physical characteristics of any proposed facilities, including a
floor plan and an architectural elevation, and delivery vehicles;
(b) a description of the credentials and experience of each officer, director, or owner of
the proposed medical cannabis courier;
(c) the medical cannabis courier's employee training standards;
(d) a security plan; and
(e) storage and delivery protocols, both short and long term, to ensure that medical
cannabis shipments are stored and delivered in a manner that is sanitary and preserves the
integrity of the cannabis.
Section 43. Section 
26-61a-702
 is amended to read:
26-61a-702.
Enforcement -- Fine -- Citation.
(1) (a) The department may, for a medical cannabis pharmacy's violation of this chapter
or an applicable administrative rule:
(i) revoke the medical cannabis pharmacy license;
(ii) refuse to renew the medical cannabis pharmacy license; or
(iii) assess the medical cannabis pharmacy an administrative penalty.
(b) The department may, for a medical cannabis pharmacy agent's or medical cannabis
courier agent's violation of this chapter:
(i) revoke the medical cannabis pharmacy agent or medical cannabis courier agent
registration card;
(ii) refuse to renew the medical cannabis pharmacy agent or medical cannabis courier
agent registration card; or
(iii) assess the medical cannabis pharmacy agent or medical cannabis courier agent an
administrative penalty.
(2) The department shall deposit an administrative penalty imposed under this section
into the General Fund.
(3) For a person subject to an uncontested citation, a stipulated settlement, or a finding
of a violation in an adjudicative proceeding under this section, the department may:
(a) for a fine amount not already specified in law, assess the person a fine of up to
$5,000 per violation, in accordance with a fine schedule that the department establishes by rule
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(b) order the person to cease and desist from the action that creates a violation.
(4) The department may not revoke a medical cannabis pharmacy's license or a medical
cannabis courier's license without first directing the medical cannabis pharmacy or [
a
] 
the
medical cannabis [
courier's license
] 
courier
 to appear before an adjudicative proceeding
conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(5) If, within 20 calendar days after the day on which the department issues a citation
for a violation of this chapter, the person that is the subject of the citation fails to request a
hearing to contest the citation, the citation becomes the department's final order.
(6) The department may, for a person who fails to comply with a citation under this
section:
(a) refuse to issue or renew the person's license or agent registration card; or
(b) suspend, revoke, or place on probation the person's license or agent registration
card.
(7) (a) Except where a criminal penalty is expressly provided for a specific violation of
this chapter, if an individual violates a provision of this chapter, the individual is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(b) An individual who is guilty of a violation described in Subsection (7)(a) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (7)(a).
Section 44. Section 
30-3-37
 is amended to read:
30-3-37.
Relocation.
(1) For purposes of this section, "relocation" means moving 150 miles or more from
the residence of the other parent.
(2) The relocating parent shall provide 60 days advance written notice of the intended
relocation to the other parent. The written notice of relocation shall contain statements
affirming the following:
(a) the parent-time provisions in Subsection [
(5)
] 
(6)
 or a schedule approved by both
parties will be followed; and
(b) neither parent will interfere with the other's parental rights pursuant to court
ordered parent-time arrangements, or the schedule approved by both parties.
(3) The court shall, upon motion of any party or upon the court's own motion, schedule
a hearing with notice to review the notice of relocation and parent-time schedule as provided in
Section 
30-3-35
 and make appropriate orders regarding the parent-time and costs for
parent-time transportation.
(4) In a hearing to review the notice of relocation, the court shall, in determining if the
relocation of a custodial parent is in the best interest of the child, consider any other factors that
the court considers relevant to the determination. If the court determines that relocation is not
in the best interest of the child, and the custodial parent relocates, the court may order a change
of custody.
(5) If the court finds that the relocation is in the best interest of the child, the court shall
determine the parent-time schedule and allocate the transportation costs that will be incurred
for the child to visit the noncustodial parent. In making its determination, court shall consider:
(a) the reason for the parent's relocation;
(b) the additional costs or difficulty to both parents in exercising parent-time;
(c) the economic resources of both parents; and
(d) other factors the court considers necessary and relevant.
(6) Unless otherwise ordered by the court, upon the relocation, as defined in
Subsection (1), of one of the parties the following schedule shall be the minimum requirements
for parent-time for children 5 to 18 years of age:
(a) in years ending in an odd number, the child shall spend the following holidays with
the noncustodial parent:
(i) Thanksgiving holiday beginning Wednesday until Sunday; and
(ii) Spring break, if applicable, beginning the last day of school before the holiday until
the day before school resumes;
(b) in years ending in an even number, the child shall spend the following holidays
with the noncustodial parent:
(i) the entire winter school break period; and
(ii) the Fall school break beginning the last day of school before the holiday until the
day before school resumes;
(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive
weeks. The children should be returned to the custodial home no later than seven days before
school begins; however, this week shall be counted when determining the amount of
parent-time to be divided between the parents for the summer or off-track period; and
(d) one weekend per month, at the option and expense of the noncustodial parent.
(7) The court may also set a parent-time schedule for children under the age of five. 
The schedule shall take into consideration the following:
(a) the age of the child;
(b) the developmental needs of the child;
(c) the distance between the parents' homes;
(d) the travel arrangements and cost;
(e) the level of attachment between the child and the noncustodial parent; and
(f) any other factors relevant to the best interest of the child.
(8) The noncustodial parent's monthly weekend entitlement is subject to the following
restrictions.
(a) If the noncustodial parent has not designated a specific weekend for parent-time,
the noncustodial parent shall receive the last weekend of each month unless a holiday assigned
to the custodial parent falls on that particular weekend. If a holiday assigned to the custodial
parent falls on the last weekend of the month, the noncustodial parent shall be entitled to the
next to the last weekend of the month.
(b) If a noncustodial parent's extended parent-time or parent-time over a holiday
extends into or through the first weekend of the next month, that weekend shall be considered
the noncustodial parent's monthly weekend entitlement for that month.
(c) If a child is out of school for teacher development days or snow days after the
children begin the school year, or other days not included in the list of holidays in Subsection
(6) and those days are contiguous with the noncustodial parent's monthly weekend parent-time,
those days shall be included in the weekend parent-time.
(9) The custodial parent is entitled to all parent-time not specifically allocated to the
noncustodial parent.
(10) In the event finances and distance preclude the exercise of minimum parent-time
for the noncustodial parent during the school year, the court should consider awarding more
time for the noncustodial parent during the summer time if it is in the best interests of the
children.
(11) Upon the motion of any party, the court may order uninterrupted parent-time with
the noncustodial parent for a minimum of 30 days during extended parent-time, unless the
court finds it is not in the best interests of the child. If the court orders uninterrupted
parent-time during a period not covered by this section, it shall specify in its order which parent
is responsible for the child's travel expenses.
(12) Unless otherwise ordered by the court the relocating party shall be responsible for
all the child's travel expenses relating to Subsections (6)(a) and (b) and 1/2 of the child's travel
expenses relating to Subsection (6)(c), provided the noncustodial parent is current on all
support obligations. If the noncustodial parent has been found in contempt for not being
current on all support obligations, the noncustodial parent shall be responsible for all of the
child's travel expenses under Subsection (6), unless the court rules otherwise. Reimbursement
by either responsible party to the other for the child's travel expenses shall be made within 30
days of receipt of documents detailing those expenses.
(13) The court may apply this provision to any preexisting decree of divorce.
(14) Any action under this section may be set for an expedited hearing.
(15) A parent who fails to comply with the notice of relocation in Subsection (2) shall
be in contempt of the court's order.
Section 45. Section 
31A-2-218
 is amended to read:
31A-2-218.
Strategic plan for health system reform.
The commissioner and the department shall:
(1) work with the Governor's Office of Economic Development, the Department of
Health, the Department of Workforce Services, and the Legislature to develop health system
reform [
in accordance with the strategic plan described in Title 63N, Chapter 11, Health
System Reform Act
];
(2) work with health insurers in accordance with Section 
31A-22-635
 to develop
standards for health insurance applications and compatible electronic systems;
(3) facilitate a private sector method for the collection of health insurance premium
payments made for a single policy by multiple payers, including the policyholder, one or more
employers of one or more individuals covered by the policy, government programs, and others
by educating employers and insurers about collection services available through private
vendors, including financial institutions;
(4) encourage health insurers to develop products that:
(a) encourage health care providers to follow best practice protocols;
(b) incorporate other health care quality improvement mechanisms; and
(c) incorporate rewards and incentives for healthy lifestyles and behaviors as permitted
by the Health Insurance Portability and Accountability Act;
(5) involve the Office of Consumer Health Assistance created in Section 
31A-2-216
, as
necessary, to accomplish the requirements of this section; and
(6) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules, as necessary, to implement Subsections (2), (3), and (4).
Section 46. Section 
31A-30-106.1
 is amended to read:
31A-30-106.1.
Small employer premiums -- Rating restrictions -- Disclosure.
(1) Premium rates for small employer health benefit plans under this chapter are
subject to this section.
(2) (a) The index rate for a rating period for any class of business may not exceed the
index rate for any other class of business by more than 20%.
(b) For a class of business, the premium rates charged during a rating period to covered
insureds with similar case characteristics for the same or similar coverage, or the rates that
could be charged to an employer group under the rating system for that class of business, may
not vary from the index rate by more than 30% of the index rate, except when catastrophic
mental health coverage is selected as provided in Subsection 
31A-22-625
(2)(d).
(3) The percentage increase in the premium rate charged to a covered insured for a new
rating period, adjusted pro rata for rating periods less than a year, may not exceed the sum of
the following:
(a) the percentage change in the new business premium rate measured from the first
day of the prior rating period to the first day of the new rating period;
(b) any adjustment, not to exceed 15% annually and adjusted pro rata for rating periods
of less than one year, due to the claim experience, health status, or duration of coverage of the
covered individuals as determined from the small employer carrier's rate manual for the class of
business, except when catastrophic mental health coverage is selected as provided in
Subsection 
31A-22-625
(2)(d); and
(c) any adjustment due to change in coverage or change in the case characteristics of
the covered insured as determined for the class of business from the small employer carrier's
rate manual.
(4) (a) Adjustments in rates for claims experience, health status, and duration from
issue may not be charged to individual employees or dependents.
(b) Rating adjustments and factors, including case characteristics, shall be applied
uniformly and consistently to the rates charged for all employees and dependents of the small
employer.
(c) Rating factors shall produce premiums for identical groups that:
(i) differ only by the amounts attributable to plan design; and
(ii) do not reflect differences due to the nature of the groups assumed to select
particular health benefit plans.
(d) A small employer carrier shall treat all health benefit plans issued or renewed in the
same calendar month as having the same rating period.
(5) A health benefit plan that uses a restricted network provision may not be considered
similar coverage to a health benefit plan that does not use a restricted network provision,
provided that use of the restricted network provision results in substantial difference in claims
costs.
(6) The small employer carrier may not use case characteristics other than the
following:
(a) age of the employee, in accordance with Subsection (7);
(b) geographic area;
(c) family composition in accordance with Subsection (9);
(d) for plans renewed or effective on or after July 1, 2011, gender of the employee and
spouse;
(e) for an individual age 65 and older, whether the employer policy is primary or
secondary to Medicare; and
(f) a wellness program, in accordance with Subsection (12).
(7) Age limited to:
(a) the following age bands:
(i) less than 20;
(ii) 20-24;
(iii) 25-29;
(iv) 30-34;
(v) 35-39;
(vi) 40-44;
(vii) 45-49;
(viii) 50-54;
(ix) 55-59;
(x) 60-64; and
(xi) 65 and above; and
(b) a standard slope ratio range for each age band, applied to each family composition
tier rating structure under Subsection (9)(b):
(i) as developed by the commissioner by administrative rule; and
(ii) not to exceed an overall ratio as provided in Subsection (8).
(8) (a) The overall ratio permitted in Subsection (7)(b)(ii) may not exceed:
(i) 5:1 for plans renewed or effective before January 1, 2012; and
(ii) 6:1 for plans renewed or effective on or after January 1, 2012; and
(b) the age slope ratios for each age band may not overlap.
(9) [
Except as provided in Subsection 
31A-30-207
(2), family
] 
Family
 composition is
limited to:
(a) an overall ratio of:
(i) 5:1 or less for plans renewed or effective before January 1, 2012; and
(ii) 6:1 or less for plans renewed or effective on or after January 1, 2012; and
(b) a tier rating structure that includes:
(i) four tiers that include:
(A) employee only;
(B) employee plus spouse;
(C) employee plus a child or children; and
(D) a family, consisting of an employee plus spouse, and a child or children;
(ii) for plans renewed or effective on or after January 1, 2012, five tiers that include:
(A) employee only;
(B) employee plus spouse;
(C) employee plus one child;
(D) employee plus two or more children; and
(E) employee plus spouse plus one or more children; or
(iii) for plans renewed or effective on or after January 1, 2012, six tiers that include:
(A) employee only;
(B) employee plus spouse;
(C) employee plus one child;
(D) employee plus two or more children;
(E) employee plus spouse plus one child; and
(F) employee plus spouse plus two or more children.
(10) If a health benefit plan is a health benefit plan into which the small employer
carrier is no longer enrolling new covered insureds, the small employer carrier shall use the
percentage change in the base premium rate, provided that the change does not exceed, on a
percentage basis, the change in the new business premium rate for the most similar health
benefit plan into which the small employer carrier is actively enrolling new covered insureds.
(11) (a) A covered carrier may not transfer a covered insured involuntarily into or out
of a class of business.
(b) A covered carrier may not offer to transfer a covered insured into or out of a class
of business unless the offer is made to transfer all covered insureds in the class of business
without regard to:
(i) case characteristics;
(ii) claim experience;
(iii) health status; or
(iv) duration of coverage since issue.
(12) Notwithstanding Subsection (4)(b), a small employer carrier may:
(a) offer a wellness program to a small employer group if:
(i) the premium discount to the employer for the wellness program does not exceed
20% of the premium for the small employer group; and
(ii) the carrier offers the wellness program discount uniformly across all small
employer groups;
(b) offer a premium discount as part of a wellness program to individual employees in
a small employer group:
(i) to the extent allowed by federal law; and
(ii) if the employee discount based on the wellness program is offered uniformly across
all small employer groups; and
(c) offer a combination of premium discounts for the employer and the employee,
based on a wellness program, if:
(i) the employer discount complies with Subsection (12)(a); and
(ii) the employee discount complies with Subsection (12)(b).
(13) (a) A small employer carrier shall maintain at the small employer carrier's
principal place of business a complete and detailed description of its rating practices and
renewal underwriting practices, including information and documentation that demonstrate that
the small employer carrier's rating methods and practices are:
(i) based upon commonly accepted actuarial assumptions; and
(ii) in accordance with sound actuarial principles.
(b) (i) A small employer carrier shall file with the commissioner on or before April 1 of
each year, in a form and manner and containing information as prescribed by the
commissioner, an actuarial certification certifying that:
(A) the small employer carrier is in compliance with this chapter; and
(B) the rating methods of the small employer carrier are actuarially sound.
(ii) A copy of the certification required by Subsection (13)(b)(i) shall be retained by the
small employer carrier at the small employer carrier's principal place of business.
(c) A small employer carrier shall make the information and documentation described
in this Subsection (13) available to the commissioner upon request.
(14) (a) The commissioner shall establish rules in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, to:
(i) implement this chapter; and
(ii) assure that rating practices used by small employer carriers under this section and
carriers for individual plans under Section 
31A-30-106
 are consistent with the purposes of this
chapter.
(b) The rules may:
(i) assure that differences in rates charged for health benefit plans by carriers are
reasonable and reflect objective differences in plan design, not including differences due to the
nature of the groups or individuals assumed to select particular health benefit plans; and
(ii) prescribe the manner in which case characteristics may be used by small employer
and individual carriers.
(15) Records submitted to the commissioner under this section shall be maintained by
the commissioner as protected records under Title 63G, Chapter 2, Government Records
Access and Management Act.
Section 47. Section 
31A-30-112
 is amended to read:
31A-30-112.
Employee participation levels.
(1) (a) For purposes of this section, "participation" [
is as
] 
means the same as that term
is
 defined in Section 
31A-1-301
.
(b) Except as provided in Subsection (2) [
and Section 
31A-30-206
], a requirement
used by a covered carrier in determining whether to provide coverage to a small employer,
including a participation requirement and a minimum employer contribution requirement, shall
be applied uniformly among all small employers with the same number of eligible employees
applying for coverage or receiving coverage from the covered carrier.
(2) A covered carrier may not increase a participation requirement or a requirement for
minimum employer contribution, applicable to a small employer, at any time after the small
employer is accepted for coverage.
Section 48. Section 
31A-30-115
 is amended to read:
31A-30-115.
Actuarial review of health benefit plans.
(1) (a) The department shall conduct an actuarial review of rates submitted by a carrier
that offers a small employer plan and a carrier that offers an individual plan under this chapter:
(i) to verify the validity of the rates, risk factors, and premiums of the plans; and
(ii) as the department determines is necessary to oversee market conduct.
(b) The actuarial review by the department shall be funded from a fee:
(i) established by the department in accordance with Section 
63J-1-504
; and
(ii) paid by a carrier offering a health benefit plan subject to this chapter.
(c) The department shall[
: (i) report aggregate data from the actuarial review to the risk
adjuster board created in Section 
31A-42-201
; and (ii)
] contact carriers, if the department
determines it is appropriate, to:
[
(A)
] 
(i)
 inform a carrier of the department's findings regarding the rates of a particular
carrier; and
[
(B)
] 
(ii)
 request a carrier to recalculate or verify base rates, rating factors, and
premiums.
(d) A carrier shall comply with the department's request under Subsection (1)(c)(ii).
(2) (a) There is created in the General Fund a restricted account known as the "Health
Insurance Actuarial Review Restricted Account."
(b) The Health Insurance Actuarial Review Restricted Account shall consist of money
received by the commissioner under this section.
(c) The commissioner shall administer the Health Insurance Actuarial Review
Restricted Account. Subject to appropriations by the Legislature, the commissioner shall use
money deposited into the Health Insurance Actuarial Review Restricted Account to pay for the
actuarial review conducted by the department under this section.
Section 49. Section 
31A-30-117
 is amended to read:
31A-30-117.
Patient Protection and Affordable Care Act -- Market transition.
(1) (a) [
After complying with the reporting requirements of Section 
63N-11-106
, the
]
The
 commissioner may adopt administrative rules that change the rating and underwriting
requirements of this chapter as necessary to transition the insurance market to meet federal
qualified health plan standards and rating practices under PPACA.
(b) Administrative rules adopted by the commissioner under this section may include:
(i) the regulation of health benefit plans as described in Subsections 
31A-2-212
(5)(a)
and (b); and
(ii) disclosure of records and information required by PPACA and state law.
(c) (i) The commissioner shall establish by administrative rule one statewide open
enrollment period that applies to the individual insurance market that is not on the PPACA
certified individual exchange.
(ii) The statewide open enrollment period:
(A) may be shorter, but no longer than the open enrollment period established for the
individual insurance market offered in the PPACA certified exchange; and
(B) may not be extended beyond the dates of the open enrollment period established
for the individual insurance market offered in the PPACA certified exchange.
(2) A carrier that offers health benefit plans in the individual market that is not part of
the individual PPACA certified exchange:
(a) shall open enrollment:
(i) during the statewide open enrollment period established in Subsection (1)(c); and
(ii) at other times, for qualifying events, as determined by administrative rule adopted
by the commissioner; and
(b) may open enrollment at any time.
(3) To the extent permitted by the Centers for Medicare and Medicaid Services policy,
or federal regulation, the commissioner shall allow a health insurer to choose to continue
coverage and individuals and small employers to choose to re-enroll in coverage in
nongrandfathered health coverage that is not in compliance with market reforms required by
PPACA.
Section 50. Section 
32B-7-408
 is amended to read:
32B-7-408.
Master off-premise beer retailer state license.
(1) (a) The commission may issue a master off-premise beer retailer state license that
authorizes a person to store, sell, or offer for sale beer for consumption off the person's
premises at multiple locations as off-premise beer retailers if the person applying for the master
off-premise beer retailer state license:
(i) owns each of the off-premise beer retailers;
(ii) except for the fee requirements, establishes to the satisfaction of the commission
that each location of an off-premise beer retailer under the master off-premise beer retailer state
license separately meets the requirements of this part; and
(iii) the master off-premise beer retailer state license includes at least five off-premise
beer retailer locations.
(b) The person seeking a master off-premise beer retailer state license shall designate
which off-premise beer retailer locations the person seeks to have under the master off-premise
beer retailer state license.
(c) An off-premise beer retailer location under a master off-premise beer retailer state
license is considered separately licensed for purposes of this title.
(2) (a) A master off-premise beer retailer state license expires on the last day of
February each year.
(b) To renew a person's master off-premise beer retailer state license, a person shall
comply with the renewal requirements of Section 
32B-7-403
 by no later than January 31 of the
year in which the off-premise beer retailer state license expires.
(3) (a) The nonrefundable application fee for a master off-premise beer retailer state
license is $75.
(b) The initial license fee for a master off-premise beer retailer state license is:
(i) $1,100 plus a separate initial license fee for each newly licensed off-premise beer
retailer state license under the master off-premise beer retailer state license determined in
accordance with Subsection 
32B-7-402
(3); and
(ii) refundable if the commission does not issue the master off-premise beer retailer
state license.
(c) The renewal fee for a master off-premise beer retailer state license is $300 plus a
separate renewal fee for each off-premise beer retailer state license under the master
off-premise beer retailer state license determined in accordance with Subsection
32B-7-403
(2)(b).
(4) A new location may be added to a master off-premise beer retailer state license
after the master off-premise beer retailer state license is issued if, including payment of the
initial license fee, the location separately meets the requirements of this part.
(5) (a) A master off-premise beer retailer state licensee shall notify the department of a
change in the persons managing a location covered by a master off-premise beer retailer state
license:
(i) immediately, if the management personnel is not management personnel at a
location covered by the master off-premise beer retailer state license at the time of the change;
or
(ii) within 30 days of the change, if the off-premise beer retailer state licensee is
transferring management personnel from one location to another location covered by the master
off-premise beer retailer state license.
(b) A location covered by a master off-premise beer retailer state license shall keep its
own records on its premises so that the department may audit the records.
(c) A master off-premise beer retailer state licensee may not transfer beer between
different locations covered by the master off-premise beer retailer state license.
(6) (a) If there is a violation of this title at a location covered by a master off-premise
beer retailer state license, the violation may result in disciplinary action in accordance with
Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) the single location under [
a
] 
the
 master off-premise beer retailer state license;
(ii) individual staff of the location under the master off-premise beer retailer state
license; or
(iii) a combination of persons or locations described in Subsections (6)(a)(i) and (ii).
(b) In addition to disciplinary action under Subsection (6)(a), disciplinary action in
accordance with Chapter 3, Disciplinary Actions and Enforcement Act, may be taken against a
master off-premise beer retailer state licensee or individual staff of the master off-premise beer
retailer state licensee if during a period beginning on March 1 and ending the last day of
February:
(i) at least 25% of the locations covered by the master off-premise beer retailer state
license have been found by the commission to have committed a serious or grave violation of
this title, as defined by rule made by the commission; or
(ii) at least 50% of the locations covered by the master off-premise beer retailer state
license have been found by the commission to have violated this title.
(7) The commission may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish how a person may apply for a master off-premise
beer retailer state license under this section.
Section 51. Section 
32B-10-206
 is amended to read:
32B-10-206.
General operational requirements for special use permit.
(1) (a) A special use permittee and staff of the special use permittee shall comply with
this title and rules of the commission, including the relevant part of the chapter that applies to
the type of special use permit held by the special use permittee.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a special use permittee;
(ii) individual staff of a special use permittee; or
(iii) a special use permittee and staff of the special use permittee.
(c) The commission may suspend or revoke a special use permit with or without cause.
(2) (a) If there is a conflict between this part and the relevant part under this chapter for
the specific type of special use permit, the relevant part under this chapter governs.
(b) Notwithstanding that this part may refer to "liquor" or an "alcoholic product," a
special use permittee may only purchase, use, store, sell, offer for sale, allow consumption, or
manufacture an alcoholic product authorized for the special use permit that is held by the
special use permittee.
(c) Notwithstanding that this part or the relevant part under this chapter for the type of
special use permit held by a special use permittee refers to "special use permittee," a person
involved in the purchase, use, [
store, sell, offer for sale, allow
] 
storage, sale, offering for sale,
allowing
 consumption, or manufacture of an alcoholic product for which the special use permit
is issued is subject to the same requirement or prohibition.
(3) (a) A special use permittee shall make and maintain a record, as required by
commission rule, of any alcoholic product purchased, used, sold, or manufactured.
(b) Section 
32B-1-205
 applies to a record required to be made or maintained in
accordance with this Subsection (3).
(4) (a) Except as otherwise provided in this title, a special use permittee may not
purchase liquor except from a state store or package agency.
(b) A special use permittee may transport liquor purchased by the special use permittee
in accordance with this Subsection (4) from the place of purchase to the special use permittee's
premises.
(c) A special use permittee shall purchase liquor at prices set by the commission.
(d) When authorized by a special use permit, a special use permittee may purchase and
receive an alcoholic product directly from a manufacturer for a purpose that is industrial,
educational, scientific, or manufacturing.
(e) A health care facility may purchase and receive an alcoholic product directly from a
manufacturer for use at the health care facility.
(5) A special use permittee may not use, mix, store, sell, offer for sale, furnish,
manufacture, or allow consumption of an alcoholic product in a location other than as
designated in a special use permittee's application.
(6) Except as otherwise provided, a special use permittee may not sell, offer for sale, or
furnish an alcoholic product to:
(a) a minor;
(b) a person actually, apparently, or obviously intoxicated;
(c) a known interdicted person; or
(d) a known habitual drunkard.
(7) A special use permittee may not employ a minor to handle an alcoholic product.
(8) (a) The location specified in a special use permit may not be transferred from one
location to another location, without prior written approval of the commission.
(b) A special use permittee may not sell, transfer, assign, exchange, barter, give, or
attempt in any way to dispose of the permit to another person whether for monetary gain or not.
(9) A special use permittee may not purchase, use, mix, store, sell, offer for sale,
furnish, consume, or manufacture an alcoholic product for a purpose other than that authorized
by the special use permit.
(10) The commission may prescribe by policy or rule consistent with this title, the
general operational requirements of a special use permittee relating to:
(a) physical facilities;
(b) conditions of purchase, use, storage, sale, consumption, or manufacture of an
alcoholic product;
(c) purchase, storage, and sales quantity limitations; and
(d) other matters considered appropriate by the commission.
Section 52. Section 
32B-10-605
 is amended to read:
32B-10-605.
Religious organization exemption.
(1) A religious organization that provides or allows to be provided an alcoholic product
to a person as part of the religious organization's religious services:
(a) does not violate this title by providing or allowing the provision of an alcoholic
product as part of a religious service; and
(b) is not required to hold a license or special use permit to provide or allow the
provision of an alcoholic product for religious services.
(2) This exemption does not exempt a religious organization from complying with this
title with respect to an alcoholic product purchased by the religious organization for a purpose
other than [
one
] 
the
 purpose stated in Subsection (1).
Section 53. Section 
32B-12-301
 is amended to read:
32B-12-301.
General operational requirements for liquor warehousing license.
(1) (a) A liquor warehouser licensee and staff of the liquor warehouser licensee shall
comply with this title and the rules of the commission.
(b) Failure to comply as provided in Subsection (1)(a) may result in disciplinary action
in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(i) a liquor warehouser licensee;
(ii) individual staff of a liquor warehouser licensee; or
(iii) both a liquor warehouser licensee and staff of the liquor warehouser licensee.
(2) (a) A liquor warehouser licensee shall make and maintain records required by the
department.
(b) Section 
32B-1-205
 applies to a record required to be made or maintained in
accordance with this Subsection (2).
(3) A liquor warehousing license may not be transferred from one location to another
location, without prior written approval of the commission.
(4) (a) A liquor warehouser licensee may not sell, transfer, assign, exchange, barter,
give, or attempt in any way to dispose of the license to another person, whether for monetary
gain or not.
(b) A liquor warehousing license has no monetary value for any type of disposition.
(5) A liquor warehouser licensee may not employ a minor to handle an alcoholic
product.
(6) Liquor that is warehoused in this state and sold to an out-of-state consignee[
,
] may
be transported out of the state only by a motor carrier regulated under Title 72, Chapter 9,
Motor Carrier Safety Act.
(7) Liquor that is warehoused in this state and sold to the department may be
transported only by a motor carrier approved by the department.
(8) Liquor transported to or from a liquor warehouser licensee's licensed premises shall
be carried in a sealed conveyance that is made available for inspection by the department while
en route within the state.
(9) A liquor warehouser licensee may not ship, convey, distribute, or remove liquor
from a warehouse in less than a full case lot.
(10) A liquor warehouser licensee may not ship, convey, distribute, or remove liquor
from a warehouse to a consignee outside the state that is not licensed as a liquor wholesaler or
retailer by the state in which the consignee is domiciled.
(11) A liquor warehouser licensee may not receive, warehouse, distribute, transport,
ship, or convey liquor that the commission has not authorized the liquor warehouser licensee to
handle through its warehouse.
(12) The commission may prescribe by policy or rule, consistent with this title, the
general operational requirements of licensees relating to:
(a) physical facilities;
(b) conditions of storage, distribution, or transport of liquor; and
(c) other matters considered appropriate by the commission.
Section 54. Section 
34A-1-205
 is amended to read:
34A-1-205.
Appeals Board -- Chair -- Appointment -- Compensation --
Qualifications.
(1) There is created the Appeals Board within the commission consisting of three
members. The board may call and preside at adjudicative proceedings to review an order or
decision that is subject to review by the Appeals Board under this title.
(2) (a) The governor shall appoint the members with the consent of the Senate and in
accordance with this section.
(b) One member of the board shall be appointed to represent employers[
, in
]
. In
making this appointment, the governor shall consider nominations from employer
organizations.
(c) One member of the board shall be appointed to represent employees[
, in
]
. In
making this appointment, the governor shall consider nominations from employee
organizations.
(d) No more than two members may belong to the same political party.
(e) The governor shall, at the time of appointment or reappointment, make
appointments to the board so that at least two of the members of the board are members of the
Utah State Bar in good standing or resigned from the Utah State Bar in good standing.
(3) (a) The term of a member shall be six years beginning on March 1 of the year the
member is appointed, except that 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 one member is appointed every two years.
(b) The governor may remove a member only for inefficiency, neglect of duty,
malfeasance or misfeasance in office, or other good and sufficient cause.
(c) A member shall hold office until a successor is appointed and has qualified.
(4) A member shall be part-time and receive compensation as provided by Title 67,
Chapter 19, Utah State Personnel Management Act.
(5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
and administrative head of the board.
(b) The governor shall appoint and may remove at will the chair from the position of
chair.
(6) A majority of the board shall constitute a quorum to transact business.
(7) (a) The commission shall provide the Appeals Board necessary staff support,
except as provided in Subsection (7)(b).
(b) At the request of the Appeals Board, the attorney general shall act as an impartial
aid to the Appeals Board in outlining the facts and the issues.
Section 55. Section 
34A-2-109
 is amended to read:
34A-2-109.
Interstate and intrastate commerce.
(1) Except as provided in Subsection (2), this chapter and Chapter 3, Utah
Occupational Disease Act, apply to employers and their employees engaged in:
(a) intrastate commerce;
(b) interstate commerce; and
(c) foreign commerce.
(2) If a rule of liability or method of compensation is established by the Congress of
the United States as to interstate or foreign commerce, this chapter and Chapter 3, Utah
Occupational Disease Act, apply only to the extent that:
(a) this chapter and Chapter 3, Utah Occupational Disease Act, [
has
] 
have
 a mutual
connection with intrastate work; and
(b) the connection to intrastate work is clearly separable and distinguishable from
interstate or foreign commerce.
Section 56. Section 
35A-1-104.5
 is amended to read:
35A-1-104.5.
Other department duties -- Strategic plan for health system reform
-- Reporting suspected misuse of a Social Security number.
(1) The department shall work with the Department of Health, the Insurance
Department, the Governor's Office of Economic Development, and the Legislature to develop
the health system reform [
in accordance with Title 63N, Chapter 11, Health System Reform
Act
].
(2) In the process of determining an individual's eligibility for a public benefit or
service under this title or under federal law, if the department determines that a valid social
security number is being used by an unauthorized individual, the department shall:
(a) inform the individual who the department determines to be the likely actual owner
of the social security number or, if the likely actual owner is a minor, the minor's parent or
guardian, of the suspected misuse; and
(b) subject to federal law, provide information of the suspected misuse to an
appropriate law enforcement agency responsible for investigating identity fraud.
(3) If the department learns or determines that providing information under Subsection
(2)(b) is prohibited by federal law, the department shall notify the Legislative Management
Committee.
Section 57. Section 
35A-3-203
 is amended to read:
35A-3-203.
Functions and duties of office -- Annual report.
The office shall:
(1) assess critical child care needs throughout the state on an ongoing basis and focus
its activities on helping to meet the most critical needs;
(2) provide child care subsidy services for income-eligible children through age 12 and
for income-eligible children with disabilities through age 18;
(3) provide information:
(a) to employers for the development of options for child care in the work place; and
(b) for educating the public in obtaining quality child care;
(4) coordinate services for quality child care training and child care resource and
referral core services;
(5) apply for, accept, or expend gifts or donations from public or private sources;
(6) provide administrative support services to the committee;
(7) work collaboratively with the following for the delivery of quality child care, early
childhood programs, and school age programs throughout the state:
(a) the State Board of Education; and
(b) the Department of Health;
(8) research child care programs and public policy to improve the quality and
accessibility of child care, early childhood programs, and school age programs in the state;
(9) provide planning and technical assistance for the development and implementation
of programs in communities that lack child care, early childhood programs, and school age
programs;
(10) provide organizational support for the establishment of nonprofit organizations
approved by the Child Care Advisory Committee, created in Section 
35A-3-205
;
(11) coordinate with the department to include in the annual written report described in
Section 
35A-1-109
 information regarding the status of child care in Utah; and
(12) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, and consistent with state and federal law, establishing the eligibility
requirements for a child care provider to receive a grant or subsidy, including for the following:
(a) providing child care for an income-eligible child age 12 or younger; 
and
(b) providing child care for an income-eligible child with disabilities age 18 or
younger[
; and
]
.
[
(c) qualifying for an award from the High Quality School Readiness Grant Program
created in Section 
53F-6-305
.
]
Section 58. Section 
38-11-202
 is amended to read:
38-11-202.
Payments to the fund.
Beginning on May 8, 2018, the Residence Lien Recovery Fund will no longer be
supported by special assessments and will be solely supported by:
(1) fees determined by the division under Section 
63J-1-504
 collected from laborers
under Subsection 
38-11-204
(7) when the laborers obtain a recovery from the fund;
(2) amounts collected by subrogation under Section 
38-11-205
 on behalf of the fund
following a payment from the fund;
(3) application fees determined by the division under Section 
63J-1-504
 collected
from:
(a) qualified beneficiaries or laborers under Subsection 
38-11-204
(1)(b) when qualified
beneficiaries or laborers make a claim against the fund; or
(b) owners or agents of the owners seeking to obtain a certificate of compliance for the
owner;
(4) registration fees determined by the division under Section 
63J-1-504
 collected from
other qualified beneficiaries registering with the department in accordance with Subsection
38-11-301
(3)(a)(iii);
[
(5) reinstatement fees determined by the division under Section 
63J-1-504
 collected
from registrants in accordance with Subsection 
38-11-302
(5)(b);
]
[
(6)
] 
(5)
 civil fines authorized under Subsection 
38-11-205
(2) collected by the attorney
general for failure to reimburse the fund; and
[
(7)
] 
(6)
 any interest earned by the fund.
Section 59. Section 
41-1a-422
 is amended to read:
41-1a-422.
Support special group license plates -- Contributor -- Voluntary
contribution collection procedures.
(1) As used in this section:
(a) (i) Except as provided in Subsection (1)(a)(ii), "contributor" means a person who
has donated or in whose name at least $25 has been donated to:
(A) a scholastic scholarship fund of a single named institution;
(B) the Department of Veterans and Military Affairs for veterans programs;
(C) the Division of Wildlife Resources for the Wildlife Resources Account created in
Section 
23-14-13
, for conservation of wildlife and the enhancement, preservation, protection,
access, and management of wildlife habitat;
(D) the Department of Agriculture and Food for the benefit of conservation districts;
(E) the Division of Parks and Recreation for the benefit of snowmobile programs;
(F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
the donation evenly divided between the two;
(G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
council as specified by the contributor;
(H) No More Homeless Pets in Utah for distribution to organizations or individuals
that provide spay and neuter programs that subsidize the sterilization of domestic animals;
(I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
development programs;
(J) the Utah Association of Public School Foundations to support public education;
(K) the Utah Housing Opportunity Restricted Account created in Section 
61-2-204
 to
assist people who have severe housing needs;
(L) the Public Safety Honoring Heroes Restricted Account created in Section 
53-1-118
to support the families of fallen Utah Highway Patrol troopers and other Department of Public
Safety employees;
(M) the Division of Parks and Recreation for distribution to organizations that provide
support for Zion National Park;
(N) the Firefighter Support Restricted Account created in Section 
53-7-109
 to support
firefighter organizations;
(O) the Share the Road Bicycle Support Restricted Account created in Section
72-2-127
 to support bicycle operation and safety awareness programs;
(P) the Cancer Research Restricted Account created in Section 
26-21a-302
 to support
cancer research programs;
(Q) Autism Awareness Restricted Account created in Section 
53F-9-401
 to support
autism awareness programs;
(R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
created in Section 
9-17-102
 to support humanitarian service and educational and cultural
programs;
(S) [
Prostate Cancer Support Restricted Account created in Section 
26-21a-303
 for
programs that conduct or support prostate cancer awareness, screening, detection, or prevention
until September 30, 2017, and beginning on October 1, 2017, upon
] 
Upon
 renewal of a prostate
cancer support special group license plate, to the Cancer Research Restricted Account created
in Section 
26-21a-302
 to support cancer research programs;
(T) the Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
 to support programs that promote adoption;
(U) the Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
;
(V) the National Professional Men's Basketball Team Support of Women and Children
Issues Restricted Account created in Section 
62A-1-202
;
(W) the Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
;
(X) the Children with Cancer Support Restricted Account created in Section
26-21a-304
 for programs that provide assistance to children with cancer;
(Y) the National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
;
(Z) the Children with Heart Disease Support Restricted Account created in Section
26-58-102
;
(AA) the Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
;
(BB) the Division of Wildlife Resources for the Support for State-Owned Shooting
Ranges Restricted Account created in Section 
23-14-13.5
, for the creation of new, and
operation and maintenance of existing, state-owned firearm shooting ranges;
(CC) the Utah State Historical Society to further the mission and purpose of the Utah
State Historical Society;
(DD) the Motorcycle Safety Awareness Support Restricted Account created in Section
72-2-130
; or
(EE) the Transportation of Veterans to Memorials Support Restricted Account created
in Section 
71-14-102
.
(ii) (A) For a veterans special group license plate described in Subsection
41-1a-421
(1)(a)(v) or 
41-1a-422
(4), "contributor" means a person who has donated or in whose
name at least a $25 donation at the time of application and $10 annual donation thereafter has
been made.
(B) For a Utah Housing Opportunity special group license plate, "contributor" means a
person who:
(I) has donated or in whose name at least $30 has been donated at the time of
application and annually after the time of application; and
(II) is a member of a trade organization for real estate licensees that has more than
15,000 Utah members.
(C) For an Honoring Heroes special group license plate, "contributor" means a person
who has donated or in whose name at least $35 has been donated at the time of application and
annually thereafter.
(D) For a firefighter support special group license plate, "contributor" means a person
who:
(I) has donated or in whose name at least $15 has been donated at the time of
application and annually after the time of application; and
(II) is a currently employed, volunteer, or retired firefighter.
(E) For a cancer research special group license plate, "contributor" means a person who
has donated or in whose name at least $35 has been donated at the time of application and
annually after the time of application.
(F) For a Martin Luther King, Jr. Civil Rights Support special group license plate,
"contributor" means a person who has donated or in whose name at least $35 has been donated
at the time of application and annually thereafter.
(G) For a Utah Law Enforcement Memorial Support special group license plate,
"contributor" means a person who has donated or in whose name at least $35 has been donated
at the time of application and annually thereafter.
(b) "Institution" means a state institution of higher education as defined under Section
53B-3-102
 or a private institution of higher education in the state accredited by a regional or
national accrediting agency recognized by the United States Department of Education.
(2) (a) An applicant for original or renewal collegiate special group license plates under
Subsection (1)(a)(i) must be a contributor to the institution named in the application and
present the original contribution verification form under Subsection (2)(b) or make a
contribution to the division at the time of application under Subsection (3).
(b) An institution with a support special group license plate shall issue to a contributor
a verification form designed by the commission containing:
(i) the name of the contributor;
(ii) the institution to which a donation was made;
(iii) the date of the donation; and
(iv) an attestation that the donation was for a scholastic scholarship.
(c) The state auditor may audit each institution to verify that the money collected by the
institutions from contributors is used for scholastic scholarships.
(d) After an applicant has been issued collegiate license plates or renewal decals, the
commission shall charge the institution whose plate was issued, a fee determined in accordance
with Section 
63J-1-504
 for management and administrative expenses incurred in issuing and
renewing the collegiate license plates.
(e) If the contribution is made at the time of application, the contribution shall be
collected, treated, and deposited as provided under Subsection (3).
(3) (a) An applicant for original or renewal support special group license plates under
this section must be a contributor to the sponsoring organization associated with the license
plate.
(b) This contribution shall be:
(i) unless collected by the named institution under Subsection (2), collected by the
division;
(ii) considered a voluntary contribution for the funding of the activities specified under
this section and not a motor vehicle registration fee;
(iii) deposited into the appropriate account less actual administrative costs associated
with issuing the license plates; and
(iv) for a firefighter special group license plate, deposited into the appropriate account
less:
(A) the costs of reordering firefighter special group license plate decals; and
(B) the costs of replacing recognition special group license plates with new license
plates under Subsection 
41-1a-1211
(13).
(c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
registration or renewal of registration.
(d) The donation described in Subsection (1)(a) shall be a one-time donation made to
the division when issuing original:
(i) snowmobile license plates; or
(ii) conservation license plates.
(4) Veterans license plates shall display one of the symbols representing the Army,
Navy, Air Force, Marines, Coast Guard, or American Legion.
Section 60. Section 
41-1a-1008
 is amended to read:
41-1a-1008.
Criminal penalty for violation.
(1) Except as provided in Subsection (2) or unless otherwise provided, it is a class A
misdemeanor to knowingly violate Sections 
41-1a-1001
 through [
41-1a-1007
] 
41-1a-1006
.
(2) Any owner, who is not a manufacturer, dealer, motor vehicle auction, or consignor
to a motor vehicle auction not licensed under Section 
41-3-201
, who knowingly or
intentionally conceals, removes, destroys, or alters a disclosure statement or a certificate of title
branded under Section 
41-3-201
 or Sections 
41-1a-1004
 through 
41-1a-1005.3
 is guilty of a:
(a) class A misdemeanor; or
(b) third degree felony if the person has previously been convicted two or more times
of knowingly or intentionally concealing, removing, destroying, or altering a disclosure
statement or a certificate of title branded under Section 
41-3-201
 or Sections 
41-1a-1004
through 
41-1a-1005.3
.
(3) Criminal penalties under this chapter are not exclusive, but are in addition to those
under Section 
76-10-1801
.
(4) Each vehicle sold, offered for sale, or displayed for sale in violation of Section
41-1a-1005.3
 shall be a separate offense.
Section 61. Section 
41-3-105
 is amended to read:
41-3-105.
Administrator's powers and duties -- Administrator and investigators
to be law enforcement officers.
(1) The administrator may make rules to carry out the purposes of this chapter and
Sections 
41-1a-1001
 through [
41-1a-1007
] 
41-1a-1006
 according to the procedures and
requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) The administrator may employ clerks, deputies, and assistants necessary to
discharge the duties under this chapter and may designate the duties of those clerks, deputies,
and assistants.
(b) The administrator, assistant administrator, and all investigators shall be law
enforcement officers certified by peace officer standards and training as required by Section
53-13-103
.
(3) (a) The administrator may investigate any suspected or alleged violation of:
(i) this chapter;
(ii) Title 41, Chapter 1a, Motor Vehicle Act;
(iii) any law concerning motor vehicle fraud; or
(iv) any rule made by the administrator.
(b) The administrator may bring an action in the name of the state against any person to
enjoin a violation found under Subsection (3)(a).
(4) (a) The administrator may prescribe forms to be used for applications for licenses.
(b) The administrator may require information from the applicant concerning the
applicant's fitness to be licensed.
(c) Each application for a license shall contain:
(i) if the applicant is an individual, the name and residence address of the applicant and
the trade name, if any, under which the applicant intends to conduct business;
(ii) if the applicant is a partnership, the name and residence address of each partner,
whether limited or general, and the name under which the partnership business will be
conducted;
(iii) if the applicant is a corporation, the name of the corporation, and the name and
residence address of each of its principal officers and directors;
(iv) a complete description of the principal place of business, including:
(A) the municipality, with the street and number, if any;
(B) if located outside of any municipality, a general description so that the location can
be determined; and
(C) any other places of business operated and maintained by the applicant in
conjunction with the principal place of business;
(v) if the application is for a new motor vehicle dealer's license, the name of each
motor vehicle the applicant has been enfranchised to sell or exchange, the name and address of
the manufacturer or distributor who has enfranchised the applicant, and the name and address
of each individual who will act as a salesperson under authority of the license;
(vi) at least five years of business history;
(vii) the federal tax identification number issued to the dealer;
(viii) the sales and use tax license number issued to the dealer under Title 59, Chapter
12, Sales and Use Tax Act; and
(ix) if the application is for a direct-sale manufacturer's license:
(A) the name of each line-make the applicant will sell, display for sale, or offer for sale
or exchange;
(B) the name and address of each individual who will act as a direct-sale manufacturer
salesperson under authority of the license;
(C) a complete description of the direct-sale manufacturer's authorized service center,
including the address and any other place of business the applicant operates and maintains in
conjunction with the authorized service center;
(D) a sworn statement that the applicant complies with each qualification for a
direct-sale manufacturer under this chapter;
(E) a sworn statement that if at any time the applicant fails to comply with a
qualification for a direct-sale manufacturer under this chapter, the applicant will inform the
division in writing within 10 business days after the day on which the noncompliance occurs;
and
(F) an acknowledgment that if the applicant fails to comply with a qualification for a
direct-sale manufacturer under this chapter, the administrator will deny, suspend, or revoke the
applicant's direct-sale manufacturer license in accordance with Section 
41-3-209
. 
(5) The administrator may adopt a seal with the words "Motor Vehicle Enforcement
Administrator, State of Utah," to authenticate the acts of the administrator's office.
(6) (a) The administrator may require that a licensee erect or post signs or devices on
the licensee's principal place of business and any other sites, equipment, or locations operated
and maintained by the licensee in conjunction with the licensee's business.
(b) The signs or devices shall state the licensee's name, principal place of business,
type and number of licenses, and any other information that the administrator considers
necessary to identify the licensee.
(c) The administrator may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, determining allowable size and shape of signs or devices,
lettering and other details of signs or devices, and location of signs or devices.
(7) (a) The administrator shall provide for quarterly meetings of the advisory board and
may call special meetings.
(b) Notices of all meetings shall be sent to each member not fewer than five days
before the meeting.
(8) The administrator, the officers and inspectors of the division designated by the
commission, and peace officers shall:
(a) make arrests upon view and without warrant for any violation committed in their
presence of any of the provisions of this chapter, or Title 41, Chapter 1a, Motor Vehicle Act;
(b) when on duty, upon reasonable belief that a motor vehicle, trailer, or semitrailer is
being operated in violation of any provision of Title 41, Chapter 1a, Motor Vehicle Act, require
the driver of the vehicle to stop, exhibit the person's driver license and the registration card
issued for the vehicle, and submit to an inspection of the vehicle, the license plates, and
registration card;
(c) serve all warrants relating to the enforcement of the laws regulating the operation of
motor vehicles, trailers, and semitrailers;
(d) investigate traffic accidents and secure testimony of any witnesses or persons
involved; and
(e) investigate reported thefts of motor vehicles, trailers, and semitrailers.
(9) The administrator may contract with a public prosecutor to provide additional
prosecution of this chapter.
Section 62. Section 
41-6a-102
 is amended to read:
41-6a-102.
Definitions.
As used in this chapter:
(1) "Alley" means a street or highway intended to provide access to the rear or side of
lots or buildings in urban districts and not intended for through vehicular traffic.
(2) "All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(3) "Authorized emergency vehicle" includes:
(a) fire department vehicles;
(b) police vehicles;
(c) ambulances; and
(d) other publicly or privately owned vehicles as designated by the commissioner of the
Department of Public Safety.
(4) "Autocycle" means the same as that term is defined in Section 
53-3-102
.
(5) (a) "Bicycle" means a wheeled vehicle:
(i) propelled by human power by feet or hands acting upon pedals or cranks;
(ii) with a seat or saddle designed for the use of the operator;
(iii) designed to be operated on the ground; and
(iv) whose wheels are not less than 14 inches in diameter.
(b) "Bicycle" includes an electric assisted bicycle.
(c) "Bicycle" does not include scooters and similar devices.
(6) (a) "Bus" means a motor vehicle:
(i) designed for carrying more than 15 passengers and used for the transportation of
persons; or
(ii) designed and used for the transportation of persons for compensation.
(b) "Bus" does not include a taxicab.
(7) (a) "Circular intersection" means an intersection that has an island, generally
circular in design, located in the center of the intersection where traffic passes to the right of
the island.
(b) "Circular intersection" includes:
(i) roundabouts;
(ii) rotaries; and
(iii) traffic circles.
(8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
Subsection (17)(d)(i).
(9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
Subsection (17)(d)(ii).
(10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
Subsection (17)(d)(iii). 
(11) "Commissioner" means the commissioner of the Department of Public Safety.
(12) "Controlled-access highway" means a highway, street, or roadway:
(a) designed primarily for through traffic; and
(b) to or from which owners or occupants of abutting lands and other persons have no
legal right of access, except at points as determined by the highway authority having
jurisdiction over the highway, street, or roadway.
(13) "Crosswalk" means:
(a) that part of a roadway at an intersection included within the connections of the
lateral lines of the sidewalks on opposite sides of the highway measured from:
(i) (A) the curbs; or
(B) in the absence of curbs, from the edges of the traversable roadway; and
(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
included within the extension of the lateral lines of the existing sidewalk at right angles to the
centerline; or
(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
(14) "Department" means the Department of Public Safety.
(15) "Direct supervision" means oversight at a distance within which:
(a) visual contact is maintained; and
(b) advice and assistance can be given and received.
(16) "Divided highway" means a highway divided into two or more roadways by:
(a) an unpaved intervening space;
(b) a physical barrier; or
(c) a clearly indicated dividing section constructed to impede vehicular traffic.
(17) "Electric assisted bicycle" means a bicycle with an electric motor that:
(a) has a power output of not more than 750 watts;
(b) has fully operable pedals on permanently affixed cranks;
(c) is fully operable as a bicycle without the use of the electric motor; and
(d) is one of the following:
(i) an electric assisted bicycle equipped with a motor or electronics that:
(A) provides assistance only when the rider is pedaling; and
(B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
hour;
(ii) an electric assisted bicycle equipped with a motor or electronics that:
(A) may be used exclusively to propel the bicycle; and
(B) is not capable of providing assistance when the bicycle reaches the speed of 20
miles per hour; or
(iii) an electric assisted bicycle equipped with a motor or electronics that:
(A) provides assistance only when the rider is pedaling;
(B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
hour; and
(C) is equipped with a speedometer. 
(18) (a) "Electric personal assistive mobility device" means a self-balancing device
with:
(i) two nontandem wheels in contact with the ground;
(ii) a system capable of steering and stopping the unit under typical operating
conditions;
(iii) an electric propulsion system with average power of one horsepower or 750 watts;
(iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
(v) a deck design for a person to stand while operating the device.
(b) "Electric personal assistive mobility device" does not include a wheelchair.
(19) "Explosives" means a chemical compound or mechanical mixture commonly used
or intended for the purpose of producing an explosion and that contains any oxidizing and
combustive units or other ingredients in proportions, quantities, or packing so that an ignition
by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
capable of producing destructive effects on contiguous objects or of causing death or serious
bodily injury.
(20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
implement, for drawing plows, mowing machines, and other implements of husbandry.
(21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
as determined by a tagliabue or equivalent closed-cup test device.
(22) "Freeway" means a controlled-access highway that is part of the interstate system
as defined in Section 
72-1-102
.
(23) "Gore area" means the area delineated by two solid white lines that is between a
continuing lane of a through roadway and a lane used to enter or exit the continuing lane
including similar areas between merging or splitting highways.
(24) "Gross weight" means the weight of a vehicle without a load plus the weight of
any load on the vehicle.
(25) "Highway" means the entire width between property lines of every way or place of
any nature when any part of it is open to the use of the public as a matter of right for vehicular
travel.
(26) "Highway authority" means the same as that term is defined in Section 
72-1-102
.
(27) (a) "Intersection" means the area embraced within the prolongation or connection
of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or
more highways that join one another.
(b) Where a highway includes two roadways 30 feet or more apart:
(i) every crossing of each roadway of the divided highway by an intersecting highway
is a separate intersection; and
(ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of the highways is a separate intersection.
(c) "Intersection" does not include the junction of an alley with a street or highway.
(28) "Island" means an area between traffic lanes or at an intersection for control of
vehicle movements or for pedestrian refuge designated by:
(a) pavement markings, which may include an area designated by two solid yellow
lines surrounding the perimeter of the area;
(b) channelizing devices;
(c) curbs;
(d) pavement edges; or
(e) other devices.
(29) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
act of overtaking and passing another vehicle that is stopped in the same direction of travel in
the same lane.
(30) "Law enforcement agency" means the same as that term is as defined in Section
53-1-102
.
(31) "Limited access highway" means a highway:
(a) that is designated specifically for through traffic; and
(b) over, from, or to which neither owners nor occupants of abutting lands nor other
persons have any right or easement, or have only a limited right or easement of access, light,
air, or view.
(32) "Local highway authority" means the legislative, executive, or governing body of
a county, municipal, or other local board or body having authority to enact laws relating to
traffic under the constitution and laws of the state.
(33) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
(i) is designed to be operated at speeds of not more than 25 miles per hour; and
(ii) has a capacity of not more than six passengers, including a conventional driver or
fallback-ready user if on board the vehicle, as those terms are defined in Section 
41-26-102.1
.
(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
(34) "Metal tire" means a tire, the surface of which in contact with the highway is
wholly or partly of metal or other hard nonresilient material.
(35) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
saddle that is less than 24 inches from the ground as measured on a level surface with properly
inflated tires.
(b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
(c) "Mini-motorcycle" does not include a motorcycle that is:
(i) designed for off-highway use; and
(ii) registered as an off-highway vehicle under Section 
41-22-3
.
(36) "Mobile home" means:
(a) a trailer or semitrailer that is:
(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
place either permanently or temporarily; and
(ii) equipped for use as a conveyance on streets and highways; or
(b) a trailer or a semitrailer whose chassis and exterior shell is designed and
constructed for use as a mobile home, as defined in Subsection (36)(a), but that is instead used
permanently or temporarily for:
(i) the advertising, sale, display, or promotion of merchandise or services; or
(ii) any other commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
(37) (a) "Moped" means a motor-driven cycle having:
(i) pedals to permit propulsion by human power; and
(ii) a motor that:
(A) produces not more than two brake horsepower; and
(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
level ground.
(b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
centimeters and the moped shall have a power drive system that functions directly or
automatically without clutching or shifting by the operator after the drive system is engaged.
(c) "Moped" does not include:
(i) an electric assisted bicycle; or
(ii) a motor assisted scooter.
(38) (a) "Motor assisted scooter" means a self-propelled device with:
(i) at least two wheels in contact with the ground;
(ii) a braking system capable of stopping the unit under typical operating conditions;
(iii) an electric motor not exceeding 2,000 watts;
(iv) either:
(A) handlebars and a deck design for a person to stand while operating the device; 
or
(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
the device; and
(v) a design for the ability to be propelled by human power alone; and
(vi) a maximum speed of 20 miles per hour on a paved level surface.
(b) "Motor assisted scooter" does not include:
(i) an electric assisted bicycle; or
(ii) a motor-driven cycle.
(39) (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(b) "Motor vehicle" does not include:
(i) vehicles moved solely by human power;
(ii) motorized wheelchairs;
(iii) an electric personal assistive mobility device;
(iv) an electric assisted bicycle;
(v) a motor assisted scooter;
(vi) a personal delivery device, as defined in Section 
41-6a-1119
; or
(vii) a mobile carrier, as defined in Section 
41-6a-1120
.
(40) "Motorcycle" means:
(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
and designed to travel with not more than three wheels in contact with the ground; or
(b) an autocycle.
(41) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
having:
(i) an engine with less than 150 cubic centimeters displacement; or
(ii) a motor that produces not more than five horsepower.
(b) "Motor-driven cycle" does not include:
(i) an electric personal assistive mobility device;
(ii) a motor assisted scooter; or
(iii) an electric assisted bicycle.
(42) "Off-highway implement of husbandry" means the same as that term is defined
under Section 
41-22-2
.
(43) "Off-highway vehicle" means the same as that term is defined under Section
41-22-2
.
(44) "Operate" means the same as that term is defined in Section 
41-1a-102
.
(45) "Operator" means:
(a) a human driver, as defined in Section 
41-26-102.1
, that operates a vehicle; or
(b) an automated driving system, as defined in Section 
41-26-102.1
, that operates a
vehicle.
(46) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
occupied or not.
(b) "Park" or "parking" does not include:
(i) the standing of a vehicle temporarily for the purpose of and while actually engaged
in loading or unloading property or passengers; or
(ii) a motor vehicle with an engaged automated driving system that has achieved a
minimal risk condition, as those terms are defined in Section 
41-26-102.1
.
(47) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace
Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
laws.
(48) "Pedestrian" means a person traveling:
(a) on foot; or
(b) in a wheelchair.
(49) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
pedestrians.
(50) "Person" means a natural person, firm, copartnership, association, corporation,
business trust, estate, trust, partnership, limited liability company, association, joint venture,
governmental agency, public corporation, or any other legal or commercial entity.
(51) "Pole trailer" means a vehicle without motive power:
(a) designed to be drawn by another vehicle and attached to the towing vehicle by
means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
(b) that is ordinarily used for transporting long or irregular shaped loads including
poles, pipes, or structural members generally capable of sustaining themselves as beams
between the supporting connections.
(52) "Private road or driveway" means every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied permission from the
owner, but not by other persons.
(53) "Railroad" means a carrier of persons or property upon cars operated on stationary
rails.
(54) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
public body or official or by a railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
(55) "Railroad train" means a locomotive propelled by any form of energy, coupled
with or operated without cars, and operated upon rails.
(56) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching under circumstances of
direction, speed, and proximity that give rise to danger of collision unless one grants
precedence to the other.
(57) (a) "Roadway" means that portion of highway improved, designed, or ordinarily
used for vehicular travel.
(b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
them are used by persons riding bicycles or other human-powered vehicles.
(c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
a highway includes two or more separate roadways.
(58) "Safety zone" means the area or space officially set apart within a roadway for the
exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to
be plainly visible at all times while set apart as a safety zone.
(59) (a) "School bus" means a motor vehicle that:
(i) complies with the color and identification requirements of the most recent edition of
"Minimum Standards for School Buses"; and
(ii) is used to transport school children to or from school or school activities.
(b) "School bus" does not include a vehicle operated by a common carrier in
transportation of school children to or from school or school activities.
(60) (a) "Semitrailer" means a vehicle with or without motive power:
(i) designed for carrying persons or property and for being drawn by a motor vehicle;
and
(ii) constructed so that some part of its weight and that of its load rests on or is carried
by another vehicle.
(b) "Semitrailer" does not include a pole trailer.
(61) "Shoulder area" means:
(a) that area of the hard-surfaced highway separated from the roadway by a pavement
edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
or
(b) that portion of the road contiguous to the roadway for accommodation of stopped
vehicles, for emergency use, and for lateral support.
(62) "Sidewalk" means that portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(63) "Solid rubber tire" means a tire of rubber or other resilient material that does not
depend on compressed air for the support of the load.
(64) "Stand" or "standing" means the temporary halting of a vehicle, whether occupied
or not, for the purpose of and while actually engaged in receiving or discharging passengers.
(65) "Stop" when required means complete cessation from movement.
(66) "Stop" or "stopping" when prohibited means any halting even momentarily of a
vehicle, whether occupied or not, except when:
(a) necessary to avoid conflict with other traffic; or
(b) in compliance with the directions of a peace officer or traffic-control device.
(67) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the
requirements of Section 
41-6a-1509
 to operate on highways in the state in accordance with
Section 
41-6a-1509
.
(68) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
conveyances either singly or together while using any highway for the purpose of travel.
(69) "Traffic signal preemption device" means an instrument or mechanism designed,
intended, or used to interfere with the operation or cycle of a traffic-control signal.
(70) "Traffic-control device" means a sign, signal, marking, or device not inconsistent
with this chapter placed or erected by a highway authority for the purpose of regulating,
warning, or guiding traffic.
(71) "Traffic-control signal" means a device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
(72) (a) "Trailer" means a vehicle with or without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and constructed so that no part of
its weight rests upon the towing vehicle.
(b) "Trailer" does not include a pole trailer.
(73) "Truck" means a motor vehicle designed, used, or maintained primarily for the
transportation of property.
(74) "Truck tractor" means a motor vehicle:
(a) designed and used primarily for drawing other vehicles; and
(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
tractor.
(75) "Two-way left turn lane" means a lane:
(a) provided for vehicle operators making left turns in either direction;
(b) that is not used for passing, overtaking, or through travel; and
(c) that has been indicated by a lane traffic-control device that may include lane
markings.
(76) "Urban district" means the territory contiguous to and including any street, in
which structures devoted to business, industry, or dwelling houses are situated at intervals of
less than 100 feet, for a distance of a quarter of a mile or more.
(77) "Vehicle" means a device in, on, or by which a person or property is or may be
transported or drawn on a highway, except a mobile carrier, as defined in Section 
41-6a-1120
,
or a device used exclusively on stationary rails or tracks.
Section 63. Section 
51-11-102
 is amended to read:
51-11-102.
Definitions.
As used in this chapter:
(1) "Division" means the Division of Facilities Construction and Management created
in Section 
63A-5-201
.
(2) "Fund" means the Winter Sports Venue Grant Fund.
(3) "Improve" or "improvements" means the replacement or addition to infrastructure,
buildings, building components, or facility equipment.
(4) "Venue" means a facility:
(a) designed and currently approved under standards developed by a generally
recognized sports federation to host world-class level, international winter sports competitions;
and
(b) used for recreational, developmental, and competitive athletic training.
(5) "Venue operator" means a person who:
(a) [
(i)
] operates a venue[
; and (ii) the venue
] 
that
 is exempt from federal income
taxation under Section 501(c)(3), Internal Revenue Code; or
(b) owns a venue or operates a venue under contract with the public owner of the
venue.
Section 64. Section 
53E-1-201
 is amended to read:
53E-1-201.
Reports to and action required of the Education Interim Committee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Education Interim Committee:
(a) the prioritized list of data research described in Section 
35A-14-302
 and the report
on research described in Section 
35A-14-304
 by the Utah Data Research Center;
(b) the report described in Section 
35A-15-303
 by the State Board of Education on
preschool programs;
(c) the report described in Section 
53B-1-103
 by the State Board of Regents on career
and technical education issues and addressing workforce needs;
(d) the report described in Section 
53B-1-107
 by the State Board of Regents on the
activities of the State Board of Regents;
(e) the report described in Section 
53B-2a-104
 by the Utah System of Technical
Colleges Board of Trustees on career and technical education issues;
(f) the reports described in Section 
53B-28-401
 by the State Board of Regents and the
Utah System of Technical Colleges Board of Trustees regarding activities related to campus
safety;
(g) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(h) the annual report described in Section 
53E-2-202
 by the state board on the strategic
plan to improve student outcomes;
(i) the report described in Section 
53E-8-204
 by the state board on the Utah Schools for
the Deaf and the Blind;
(j) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k) the report described in Section 
53F-4-203
 by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(l) the report described in Section 
53F-4-407
 by the state board on UPSTART;
(m) the report described in Section 
53F-5-405
 by an independent evaluator of a
partnership that receives a grant to improve educational outcomes for students who are low
income; and
(n) the report described in Section [
63N-12-208
] 
9-22-109
 by the STEM Action Center
Board, including the information described in Section [
63N-12-213
] 
9-22-113
 on the status of
the computer science initiative and Section [
63N-12-214
] 
9-22-114
 on the Computing
Partnerships Grants Program.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Education Interim Committee:
(a) the report described in Section 
35A-15-303
 by the School Readiness Board by
November 30, 2020, on benchmarks for certain preschool programs;
(b) the report described in Section 
53E-3-519
 by the state board regarding counseling
services in schools;
(c) the reports described in Section 
53E-3-520
 by the state board regarding cost centers
and implementing activity based costing;
(d) if required, the report described in Section 
53E-4-309
 by the state board explaining
the reasons for changing the grade level specification for the administration of specific
assessments;
(e) if required, the report described in Section 
53E-5-210
 by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
(f) the report described in Section 
53E-10-702
 by Utah Leading through Effective,
Actionable, and Dynamic Education;
(g) the report described in Section 
53F-2-502
 by the state board on the program
evaluation of the dual language immersion program;
(h) if required, the report described in Section 
53F-2-513
 by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in high
poverty schools;
(i) upon request, the report described in Section 
53F-5-207
 by the state board on the
Intergenerational Poverty Intervention Grants Program;
(j) the report described in Section 
53F-5-210
 by the state board on the Educational
Improvement Opportunities Outside of the Regular School Day Grant Program;
(k) the reports described in Section 
53G-11-304
 by the state board regarding proposed
rules and results related to educator exit surveys;
(l) upon request, the report described in Section 
53G-11-505
 by the state board on
progress in implementing employee evaluations;
(m) the report described in Section 
62A-15-117
 by the Division of Substance Abuse
and Mental Health, the State Board of Education, and the Department of Health regarding
recommendations related to Medicaid reimbursement for school-based health services; and
(n) the reports described in Section 
63C-19-202
 by the Higher Education Strategic
Planning Commission.
(3) In accordance with Section 
53B-7-705
, the Education Interim Committee shall
complete the review of the implementation of performance funding.
Section 65. Section 
53E-1-202
 is amended to read:
53E-1-202.
 Reports to and action required of the Public Education
Appropriations Subcommittee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Public Education Appropriations Subcommittee:
(a) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(b) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities; and
(c) the report by the STEM Action Center Board described in Section [
63N-12-208
]
9-20-109
, including the information described in Section [
63N-12-213
] 
9-20-113
 on the status
of the computer science initiative.
(2) (a) The one-time report by the state board regarding cost centers and implementing
activity based costing is due to the Public Education Appropriations Subcommittee in
accordance with Section 
53E-3-520
.
(b) The occasional report, described in Section 
53F-2-502
 by the state board on the
program evaluation of the dual language immersion program, is due to the Public Education
Appropriations Subcommittee and in accordance with Section 
68-3-14
.
(3) In accordance with applicable provisions, the Public Education Appropriations
Subcommittee shall complete the following:
(a) the evaluation described in Section 
53F-2-410
 of funding for at-risk students;
(b) the reviews of related to basic school programs as described in Section 
53F-2-414
;
and
(c) if required, the study described in Section 
53F-4-304
 of scholarship payments.
Section 66. Section 
53E-7-204
 is amended to read:
53E-7-204.
State board special education authority and duties -- Rulemaking.
(1) The state board shall have general control and supervision over all public
educational programs in the state for students who are eligible for special education services.
(2) A program described in Subsection (1) shall comply with state board rule.
(3) In accordance with federal [
law, state law, and Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
] 
and state law
, the state board shall make rules to implement
this part, including provisions that ensure:
(a) appropriate and timely identification of a potential eligible student;
(b) the evaluation and classification of an eligible student by qualified personnel;
(c) standards for special education services and supports;
(d) availability of LEA special education programs;
(e) delivery of special education service responsibilities;
(f) certification and qualification for the instructional staff of eligible students; and
(g) special education services for eligible students who are dual enrollment students
attending public school on a part-time basis as described in Section 
53G-6-702
.
(4) In accordance with federal [
law, state law, and Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
] 
and state law
, the state board may make rules to otherwise
administer the state board's authority described in Subsection (1).
Section 67. Section 
53E-7-208
 is amended to read:
53E-7-208.
Special education dispute resolution -- Rulemaking -- Due process
hearing -- Right to appeal.
(1) In accordance with [
Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
and
] this section, the state board shall make rules that:
(a) allow for a prompt, fair, and final resolution of a dispute that arises over the
provision of special education services to an eligible student;
(b) establish and maintain procedural safeguards that meet the requirements of 20
U.S.C. Sec. 1415; and
(c) establish timelines that provide adequate time to address and resolve a dispute
described in Subsection (1)(a) without unnecessarily disrupting or delaying an eligible student's
free appropriate public education.
(2) A party to a dispute described in Subsection (1)(a), including an LEA, shall make a
diligent and good faith effort to resolve the dispute informally at the LEA level before seeking
a due process hearing under state board rule.
(3) (a) If a dispute is not resolved informally as described in Subsection (2), a party to
the dispute may request a due process hearing in accordance with state board rule.
(b) Upon request of a party to a dispute described in Subsection (2), the state board
shall, in accordance with state board rule and 20 U.S.C. Sec. 1415:
(i) conduct a due process hearing; and
(ii) issue a decision on the due process hearing.
(4) (a) A party to a due process hearing may appeal the decision resulting from the due
process hearing by filing a civil action with a court described in 20 U.S.C. Sec. 1415(i), if the
party files the action within 30 days after the day on which the due process hearing decision
was issued.
(b) If parties to a due process hearing fail to reach agreement on the payment of
attorney fees for the due process hearing, a party may seek to recover attorney fees in
accordance with 20 U.S.C. Sec. 1415(i) by filing a court action within 30 days after the day on
which the due process hearing decision was issued.
Section 68. Section 
53E-8-403
 is amended to read:
53E-8-403.
Educational programs.
(1) The Utah Schools for the Deaf and the Blind shall provide an educational program
for a student:
(a) based on assessments of the student's abilities; and
(b) in accordance with the student's IEP or Section 504 accommodation plan.
(2) If a student's ability to access the core curriculum is impaired primarily due to a
severe sensory loss and requires intensive sensory-based instruction or services, the Utah
Schools for the Deaf and the Blind shall provide an educational program that will enable the
student, with accommodations, to access the core curriculum.
(3) The Utah Schools for the Deaf and the Blind shall provide instruction in Braille to
students who are blind [
as required by Chapter 7, Part 3, Braille Requirements for Blind
Students
].
Section 69. Section 
53F-2-504
 is amended to read:
53F-2-504.
Teacher Salary Supplement Program.
(1) As used in this section:
(a) "Eligible teacher" means a teacher who:
(i) has a qualifying educational background or qualifying teaching background;
(ii) has a supplement-approved assignment that corresponds to the teacher's qualifying
educational background or qualifying teaching background;
(iii) qualifies for the teacher's supplement-approved assignment in accordance with
state board rule; and
(iv) is a new employee or received at least a satisfactory rating on the teacher's most
recent evaluation.
(b) "Field of computer science" means:
(i) computer science; or
(ii) computer information technology.
(c) "Field of science" means:
(i) integrated science;
(ii) chemistry;
(iii) physics;
(iv) physical science; or
(v) general science.
[
(d) "License" means the same as that term is defined in Section 
53E-6-102
.
]
[
(e)
] 
(d)
 "Qualifying educational background" means:
(i) for a teacher who is assigned a secondary school level mathematics course:
(A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
(B) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements for a bachelor's degree
major, master's degree, or doctoral degree in mathematics;
(ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
course, or physics course:
(A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
or
(B) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements of those required for a
bachelor's degree major, master's degree, or doctoral degree in a field of science;
(iii) for a teacher who is assigned a computer science course:
(A) a bachelor's degree major, master's degree, or doctoral degree in a field of
computer science; or
(B) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements of those required for a
bachelor's degree major, master's degree, or doctoral degree in a field of computer science; or
(iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
master's degree, or doctoral degree in special education.
[
(f)
] 
(e)
 "Qualifying teaching background" means the teacher has been teaching the
same supplement-approved assignment in Utah public schools for at least 10 years.
[
(g)
] 
(f)
 "Supplement-approved assignment" means an assignment to teach:
(i) a secondary school level mathematics course;
(ii) integrated science in grade 7 or 8;
(iii) chemistry;
(iv) physics;
(v) computer science; or
(vi) special education.
(2) (a) Subject to future budget constraints, the Legislature shall:
(i) annually appropriate money to the Teacher Salary Supplement Program to maintain
annual salary supplements for eligible teachers provided in previous years; and
(ii) provide salary supplements to new recipients.
(b) Money appropriated for the Teacher Salary Supplement Program shall include
money for the following employer-paid benefits:
(i) retirement;
(ii) workers' compensation;
(iii) Social Security; and
(iv) Medicare.
(3) (a) The annual salary supplement for an eligible teacher who is assigned full-time
to a supplement-approved assignment is $4,100 and funded through an appropriation described
in Subsection (2).
(b) An eligible teacher who is assigned part-time to a supplement-approved assignment
shall receive a partial salary supplement based on the number of hours worked in the
supplement-approved assignment.
(4) The state board shall:
(a) create an online application system for a teacher to apply to receive a salary
supplement through the Teacher Salary Supplement Program;
(b) determine if a teacher is an eligible teacher;
(c) verify, as needed, the determinations made under Subsection (4)(b) with school
district and school administrators; and
(d) certify a list of eligible teachers .
(5) (a) An eligible teacher shall apply to the state board before the conclusion of a
school year to receive the salary supplement authorized in this section.
(b) An eligible teacher may apply to the state board, after verification that the
requirements under this section have been satisfied, to receive a salary supplement after the
completion of:
(i) the school year as an annual award; or
(ii) a semester or trimester as a partial award based on the portion of the school year
that has been completed.
(6) (a) The state board shall establish and administer an appeal process for a teacher to
follow if the teacher applies for a salary supplement and does not receive a salary supplement
under Subsection (8).
(b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
appeal eligibility as an eligible teacher with a qualifying educational background on the basis
that the teacher has a degree or degree major with course requirements that are substantially
equivalent to the qualifying educational background associated with the teacher's
supplement-approved assignment.
(ii) A teacher shall provide transcripts and other documentation to the state board in
order for the state board to determine if the teacher has a degree or degree major with course
requirements that are substantially equivalent to the qualifying educational background
associated with the teacher's supplement-approved assignment.
(c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
appeal eligibility as an eligible teacher with a qualifying teaching background on the basis that
the teacher has a qualifying teaching background.
(ii) The teacher shall provide to the state board evidence to verify that the teacher has a
qualifying teaching background.
(7) (a) The state board shall distribute money appropriated to the Teacher Salary
Supplement Program to school districts and charter schools for the Teacher Salary Supplement
Program in accordance with the provisions of this section.
(b) The state board shall include the employer-paid benefits described under
Subsection (2)(b) in the amount of each salary supplement.
(c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
salary supplement limits described under Subsection (3).
(8) (a) Money received from the Teacher Salary Supplement Program shall be used by
a school district or charter school to provide a salary supplement equal to the amount specified
in Subsection (3) for each eligible teacher.
(b) The salary supplement is part of an eligible teacher's base pay, subject to eligible
teacher's qualification as an eligible teacher every year, semester, or trimester.
(9) Notwithstanding the provisions of this section, if the appropriation for the program
is insufficient to cover the costs associated with salary supplements, the state board shall
distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
Section 70. Section 
53F-5-202
 is amended to read:
53F-5-202.
National Board certification reimbursement.
(1) (a) The terms defined in Section 
53E-6-102
 apply to this section.
(b) As used in this section, "eligible educator" means an educator who is employed as
an educator by an LEA.
(2) (a) Subject to legislative appropriations and Subsection (2)(b), the state board shall
reimburse an eligible educator for a cost incurred by the eligible educator to attain or renew a
National Board certification.
(b) The state board may only issue a reimbursement under Subsection (2)(a) for:
(i) a National Board certification attained or renewed after July 1, 2016, and before
July 1, 2019; or
(ii) a cost incurred by an eligible teacher to attain or renew a National Board
certification after July 1, 2016, and before July 1, 2019.
(3) Subject to legislative appropriations, and in accordance with this section, beginning
July 1, 2019, the state board may pay up to the total cost:
(a) for an eligible educator who does not have a National Board certification to pursue
a National Board certification; or
(b) for an eligible educator who has a National Board certification, to renew the
National Board certification.
(4) An eligible educator who does not have a National Board certification and intends
for the state board to pay for the eligible educator to pursue a National Board certification shall:
(a) submit to the state board:
(i) an application;
(ii) a letter of recommendation from the principal of the eligible educator's school; and
(iii) a plan for completing the requirements for a National Board certification within
three years of the state board approving the eligible educator's application; and
(b) pay a registration fee directly to the organization that administers National Board
certification.
(5) An eligible educator who intends for the state board to pay to renew the eligible
educator's National Board certification shall submit an application to the 
state
 board.
(6) The state board may not:
(a) pay for an eligible educator to attempt to earn National Board certification over a
period of longer than three years; or
(b) pay for an individual to attempt National Board certification or a component of
National Board certification more than once.
(7) The state board shall make rules specifying procedures and timelines for:
(a) reimbursing costs under Subsection (2); and
(b) paying costs for an eligible educator to pursue or renew a National Board
certification under Subsection (3).
Section 71. Section 
53F-5-212
 is amended to read:
53F-5-212.
Grants for additional educators for high-need schools.
(1) As used in this section:
(a) "Educator" means an individual who holds a professional educator license
described in Section 
53E-6-201
.
(b) "First-year educator" means an educator who is:
(i) a classroom teacher; and
(ii) in the educator's first year of teaching.
(c) "High-need school" means an elementary school in an LEA that qualifies for a grant
under this section based on the criteria established by the state board under Subsection
(5)(a)(ii).
(d) "Local education agency" or "LEA" means a school district or charter school.
(e) "Title I school" means a school that receives funds under Title I of the Elementary
and Secondary Education Act of 1965, 20 U.S.C. Sec. 6301 et seq.
(2) Subject to legislative appropriations, and in accordance with this section, the state
board shall award a grant to an LEA to fund the salary and benefits for an additional first-year
educator to teach in a high-need school.
(3) The state board shall:
(a) solicit proposals from LEAs to receive a grant under this section; and
(b) award grants to LEAs on a competitive basis based on the LEA applications
described in Subsection (4)(a).
(4) To receive a grant under this section, an LEA shall:
(a) submit an application to the state board that:
(i) lists the school or schools for which the LEA intends to use a grant;
(ii) describes how each school for which the LEA intends to use a grant meets the
criteria for being a high-need school; and
(iii) includes any other information required by the 
state
 board under the rules
described in Subsection (5); and
(b) provide matching funds in an amount equal to the grant received by the LEA under
this section.
(5) (a) The state board shall make rules specifying:
(i) the procedure for an LEA to apply for a grant under this section, including
application requirements; and
(ii) the criteria for determining if an elementary school is a high-need school.
(b) In establishing the criteria described in Subsection (5)(a)(ii), the state board shall
consider the following factors:
(i) Title I school status;
(ii) low school performance, as indicated by the school accountability system described
in Title 53E, Chapter 5, Part 2, School Accountability System;
(iii) a high percentage of students enrolled in the school who are either experiencing or
at risk of experiencing intergenerational poverty;
(iv) a high ratio of students to educators in the school;
(v) higher than average educator turnover in the school;
(vi) a high percentage of students enrolled in the school who are experiencing
homelessness; and
(vii) other factors determined by the state board.
(6) An LEA that receives a grant under this section shall:
(a) (i) use the grant to fund a portion of the cost of the salary and benefits for an
additional first-year educator who teaches in a high-need school; and
(ii) maintain a class size of fewer than 20 students for a first-year educator whose
salary and benefits are funded by the grant; and
(b) annually submit a report to the state board describing:
(i) how the LEA used the grant; and
(ii) whether the grant was effective in maintaining a smaller class size for the first-year
educator whose salary and benefits were funded by the grant.
Section 72. Section 
53F-9-201
 is amended to read:
53F-9-201.
Uniform School Fund -- Contents -- Trust Distribution Account.
(1) As used in this section:
(a) "Annual distribution calculation" means, for a given fiscal year, the average of:
(i) 4% of the average market value of the State School Fund for that fiscal year; and
(ii) the distribution amount for the prior fiscal year, multiplied by the sum of:
(A) one;
(B) the percent change in student enrollment from the school year two years prior to
the prior school year; and
(C) the actual total percent change of the consumer price index during the last 12
months as measured in June of the prior fiscal year.
(b) "Average market value of the State School Fund" means the results of a calculation
completed by the SITFO director each fiscal year that averages the value of the State School
Fund for the past 12 consecutive quarters ending in the prior fiscal year.
(c) "Consumer price index" means the Consumer Price Index for All Urban
Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of
the United States Department of Labor.
(d) "SITFO director" means the director of the School and Institutional Trust Fund
Office appointed under Section 
53D-1-401
.
(e) "State School Fund investment earnings distribution amount" or "distribution
amount" means, for a fiscal year, the lesser of:
(i) the annual distribution calculation; or
(ii) 4% of the average market value of the State School Fund.
(2) The Uniform School Fund, a special revenue fund within the Education Fund,
established by Utah Constitution, Article X, Section 5, consists of:
(a) distributions derived from the investment of money in the permanent State School
Fund established by Utah Constitution, Article X, Section 5;
(b) money transferred to the fund pursuant to Title 67, Chapter 4a, Revised Uniform
Unclaimed Property Act; and
(c) all other constitutional or legislative allocations to the fund, including revenues
received by donation.
(3) (a) There is created within the Uniform School Fund a restricted account known as
the Trust Distribution Account.
(b) The Trust Distribution Account consists of:
(i) in accordance with Subsection (4), quarterly deposits of the State School Fund
investment earnings distribution amount from the prior fiscal year;
(ii) all interest earned on the Trust Distribution Account in the prior fiscal year; and
(iii) any unused appropriation for the administration of the School LAND Trust
Program, as described in Subsection 
53F-2-404
(1)(c).
(4) If, at the end of a fiscal year, the Trust Distribution Account has a balance
remaining after subtracting the appropriation amount described in Subsection 
53F-2-404
(1)(a)
for the next fiscal year, the SITFO director shall, during the next fiscal year, apply the amount
of the remaining balance from the prior fiscal year toward the current fiscal year's distribution
amount by reducing a quarterly deposit to the Trust Distribution Account by the amount of the
remaining balance from the prior fiscal year.
(5) On or before October 1 of each year, the SITFO director shall:
(a) in accordance with this section, determine the distribution amount for the following
fiscal year; and
(b) report the amount described in Subsection (5)(a) as the funding amount, described
in Subsection 
53F-2-404
(1)(c), for the School LAND Trust Program, to:
(i) the State Treasurer;
(ii) the Legislative Fiscal Analyst;
(iii) the Division of Finance;
(iv) the director of the Land Trusts Protection and Advocacy Office, appointed under
Section 
53D-2-203
;
(v) the School and Institutional Trust Lands Administration created in Section
53C-1-201
;
(vi) the [
State Board of Education
] 
state board
; and
(vii) the Governor's Office of Management and Budget.
(6) The School and Institutional Trust Fund Board of Trustees created in Section
53D-1-301
 shall:
(a) annually review the distribution amount; and
(b) make recommendations, if necessary, to the Legislature for changes to the formula
for calculating the distribution amount.
(7) Upon appropriation by the Legislature, the SITFO director shall place in the Trust
Distribution Account funds for the School LAND Trust Program as described in Subsections
53F-2-404
(1)(a) and (c).
Section 73. Section 
53G-7-306
 is amended to read:
53G-7-306.
School district interfund transfers.
(1) A school district shall spend revenues only within the fund for which they were
originally authorized, levied, collected, or appropriated.
(2) Except as otherwise provided in this section, school district interfund transfers of
residual equity are prohibited.
(3) The state board may authorize school district interfund transfers of residual equity
when a district states its intent to create a new fund or expand, contract, or liquidate an existing
fund.
(4) The state board may also authorize school district interfund transfers of residual
equity for a financially distressed district if the state board determines the following:
(a) the district has a significant deficit in its maintenance and operations fund caused
by circumstances not subject to the administrative decisions of the district;
(b) the deficit cannot be reasonably reduced under Section 
53G-7-305
; and
(c) without the transfer, the school district will not be capable of meeting statewide
educational standards adopted by the state board.
(5) The 
state
 board shall develop in rule standards for defining and aiding financially
distressed school districts under this section.
(6) (a) All debt service levies not subject to certified tax rate hearings shall be recorded
and reported in the debt service fund.
(b) Debt service levies under Subsection 
59-2-924
(5)(c) that are not subject to the
public hearing provisions of Section 
59-2-919
 may not be used for any purpose other than
retiring general obligation debt.
(c) Amounts from these levies remaining in the debt service fund at the end of a fiscal
year shall be used in subsequent years for general obligation debt retirement.
(d) Any amounts left in the debt service fund after all general obligation debt has been
retired may be transferred to the capital projects fund upon completion of the budgetary hearing
process required under Section 
53G-7-303
.
Section 74. Section 
53G-7-903
 is amended to read:
53G-7-903.
Interns -- Workers' compensation medical benefits.
(1) An intern participating in an internship under Section 
53G-7-902
 is considered to
be a volunteer government worker of the sponsoring public school, or an employee of the
sponsoring private school, solely for purposes of receiving workers' compensation medical
benefits.
(2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy
against the school and the cooperating employer for all injuries and occupational diseases as
provided under Title 34A, [
Chapters
] 
Chapter
 2, Workers' Compensation Act, and Chapter 3,
Utah Occupational Disease Act.
Section 75. Section 
53G-8-402
 is amended to read:
53G-8-402.
Notification by juvenile court and law enforcement agencies.
(1) Notifications received from the juvenile court or law enforcement agencies by the
school district pursuant to Subsections 
78A-6-112
(3)(b) and 
78A-6-117
(1)[
(b)
]
(c)
 are governed
by this part.
(2) School districts may enter into agreements with law enforcement agencies for
notification under Subsection (1).
Section 76. Section 
53G-8-405
 is amended to read:
53G-8-405.
Liability for release of information.
(1) The district superintendent, principal, and any staff member notified by the
principal may not be held liable for information which may become public knowledge unless it
can be shown by clear and convincing evidence that the information became public knowledge
through an intentional act of the superintendent, principal, or a staff member.
(2) A person receiving information under Subsection 
78A-6-112
(3)(b) or
78A-6-117
(1)[
(b)
]
(c)
, or Section 
53G-8-403
 is immune from any liability, civil or criminal, for
acting or failing to act in response to the information unless the person acts or fails to act due to
malice, gross negligence, or deliberate indifference to the consequences.
Section 77. Section 
53G-9-208
 is amended to read:
53G-9-208.
Sunscreen -- Possession -- Administration -- Immunity.
(1) As used in this section, "sunscreen" means a compound topically applied to prevent
sunburn.
(2) A public school shall permit a student, without a parent's
,
 physician's, or physician
assistant's authorization, to possess or self-apply sunscreen that is regulated by the Food and
Drug Administration.
(3) If a student is unable to self-apply sunscreen, a volunteer school employee may
apply the sunscreen on the student if the student's parent provides written consent for the
assistance.
(4) A volunteer school employee who applies sunscreen on a student in compliance
with Subsection (3) and the volunteer school employee's employer are not liable for:
(a) an adverse reaction suffered by the student as a result of having the sunscreen
applied; or
(b) discontinuing the application of the sunscreen at any time.
Section 78. Section 
53G-10-402
 is amended to read:
53G-10-402.
Instruction in health -- Parental consent requirements -- Conduct
and speech of school employees and volunteers -- Political and religious doctrine
prohibited.
(1) As used in this section:
(a) "LEA governing board" means a local school board or charter school governing
board.
(b) "Refusal skills" means instruction:
(i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
adult;
(ii) in a student's obligation to stop the student's sexual advances if refused by another
individual;
(iii) informing a student of the student's right to report and seek counseling for
unwanted sexual advances;
(iv) in sexual harassment; and
(v) informing a student that a student may not consent to criminally prohibited
activities or activities for which the student is legally prohibited from giving consent, including
the electronic transmission of sexually explicit images by an individual of the individual or
another.
(2) (a) The state board shall establish curriculum requirements under Section
53E-3-501
 that include instruction in:
(i) community and personal health;
(ii) physiology;
(iii) personal hygiene;
(iv) prevention of communicable disease;
(v) refusal skills; and
(vi) the harmful effects of pornography.
(b) The state board shall make rules that, and instruction shall:
(i) stress the importance of abstinence from all sexual activity before marriage and
fidelity after marriage as methods for preventing certain communicable diseases;
(ii) stress personal skills that encourage individual choice of abstinence and fidelity;
(iii) prohibit instruction in:
(A) the intricacies of intercourse, sexual stimulation, or erotic behavior;
(B) the advocacy of premarital or extramarital sexual activity; or
(C) the advocacy or encouragement of the use of contraceptive methods or devices; and
(iv) except as provided in Subsection (2)(d), allow instruction to include information
about contraceptive methods or devices that stresses effectiveness, limitations, risks, and
information on state law applicable to minors obtaining contraceptive methods or devices.
(c) The state board shall make rules for an LEA governing board that adopts
instructional materials under Subsection (2)(g)(ii) that:
(i) require the LEA governing board to report on the materials selected and the LEA
governing board's compliance with Subsection (2)(h); and
(ii) provide for an appeal and review process of the LEA governing board's adoption of
instructional materials.
(d) The state board may not require an LEA to teach or adopt instructional materials
that include information on contraceptive methods or devices.
(e) (i) At no time may instruction be provided, including responses to spontaneous
questions raised by students, regarding any means or methods that facilitate or encourage the
violation of any state or federal criminal law by a minor or an adult.
(ii) Subsection (2)(e)(i) does not preclude an instructor from responding to a
spontaneous question as long as the response is consistent with the provisions of this section.
(f) The state board shall recommend instructional materials for use in the curricula
required under Subsection (2)(a) after considering evaluations of instructional materials by the
State Instructional Materials Commission.
(g) An LEA governing board may choose to adopt:
(i) the instructional materials recommended under Subsection (2)(f); or
(ii) other instructional materials in accordance with Subsection (2)(h).
(h) An LEA governing board that adopts instructional materials under Subsection
(2)(g)(ii) shall:
(i) ensure that the materials comply with state law and board rules;
(ii) base the adoption of the materials on the recommendations of the LEA governing
board's Curriculum Materials Review Committee; and
(iii) adopt the instructional materials in an open and regular meeting of the LEA
governing board for which prior notice is given to parents of students attending the respective
schools and an opportunity for parents to express their views and opinions on the materials at
the meeting.
(3) (a) A student shall receive instruction in the courses described in Subsection (2) on
at least two occasions during the period that begins with the beginning of grade 8 and the end
of grade 12.
(b) At the request of the state board, the Department of Health shall cooperate with the
state board in developing programs to provide instruction in those areas.
(4) (a) The state board shall adopt rules that:
(i) provide that the parental consent requirements of Sections 
76-7-322
 and 
76-7-323
are complied with; and
(ii) require a student's parent to be notified in advance and have an opportunity to
review the information for which parental consent is required under Sections 
76-7-322
 and
76-7-323
.
(b) The state board shall also provide procedures for disciplinary action for violation of
Section 
76-7-322
 or 
76-7-323
.
(5) (a) In keeping with the requirements of Section 
53G-10-204
, and because school
employees and volunteers serve as examples to their students, school employees or volunteers
acting in their official capacities may not support or encourage criminal conduct by students,
teachers, or volunteers.
(b) To ensure the effective performance of school personnel, the limitations described
in Subsection (5)(a) also apply to a school employee or volunteer acting outside of the school
employee's or volunteer's official capacities if:
(i) the employee or volunteer knew or should have known that the employee's or
volunteer's action could result in a material and substantial interference or disruption in the
normal activities of the school; and
(ii) that action does result in a material and substantial interference or disruption in the
normal activities of the school.
(c) The state board or an LEA governing board may not allow training of school
employees or volunteers that supports or encourages criminal conduct.
(d) The state board shall adopt rules implementing this section.
(e) Nothing in this section limits the ability or authority of the state board or an LEA
governing board to enact and enforce rules or take actions that are otherwise lawful, regarding
educators', employees', or volunteers' qualifications or behavior evidencing unfitness for duty.
(6) Except as provided in Section 
53G-10-202
, political, atheistic, sectarian, religious,
or denominational doctrine may not be taught in the public schools.
(7) (a) An LEA governing board and an LEA governing board's employees shall
cooperate and share responsibility in carrying out the purposes of this chapter.
(b) An LEA governing board shall provide appropriate professional development for
the LEA governing board's teachers, counselors, and school administrators to enable them to
understand, protect, and properly instruct students in the values and character traits referred to
in this section and Sections 
53E-9-202
, 
53E-9-203
, 
53G-10-202
, 
53G-10-203
, 
53G-10-204
,
and 
53G-10-205
, and distribute appropriate written materials on the values, character traits, and
conduct to each individual receiving the professional development.
(c) An LEA governing board shall make the written materials described in Subsection
(7)(b) available to classified employees, students, and parents of students.
(d) In order to assist an LEA governing board in providing the professional
development required under Subsection (7)(b), the state board shall, as appropriate, contract
with a qualified individual or entity possessing expertise in the areas referred to in Subsection
(7)(b) to develop and disseminate model teacher professional development programs that an
LEA governing board may use to train the individuals referred to in Subsection (7)(b) to
effectively teach the values and qualities of character referenced in Subsection (7).
(e) In accordance with the provisions of Subsection (5)(c), professional development
may not support or encourage criminal conduct.
(8) An LEA governing board shall review every two years:
(a) LEA governing board policies on instruction described in this section;
(b) for a local school board [
of a school district
], data for each county that the school
district is located in, or, for a charter school governing board, data for the county in which the
charter school is located, on the following:
(i) teen pregnancy;
(ii) child sexual abuse; and
(iii) sexually transmitted diseases and sexually transmitted infections; and
(c) the number of pornography complaints or other instances reported within the
jurisdiction of the LEA governing board.
(9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
section, or the application thereof to any person or circumstance, is found to be
unconstitutional, the balance of this section shall be given effect without the invalid provision,
subsection, sentence, clause, phrase, or word.
Section 79. Section 
53G-11-501
 is amended to read:
53G-11-501.
Definitions.
As used in this part:
(1) "Administrator" means an individual who supervises educators and holds an
appropriate license issued by the state board.
(2) "Career educator" means a licensed employee who has a reasonable expectation of
continued employment under the policies of a local school board.
(3) "Career employee" means an employee of a school district who has obtained a
reasonable expectation of continued employment based upon Section 
53G-11-503
 and an
agreement with the employee or the employee's association, district practice, or policy.
(4) "Contract term" or "term of employment" means the period of time during which an
employee is engaged by the school district under a contract of employment, whether oral or
written.
(5) "Dismissal" or "termination" means:
(a) termination of the status of employment of an employee;
(b) failure to renew or continue the employment contract of a career employee beyond
the then-current school year;
(c) reduction in salary of an employee not generally applied to all employees of the
same category employed by the school district during the employee's contract term; or
(d) change of assignment of an employee with an accompanying reduction in pay,
unless the assignment change and salary reduction are agreed to in writing.
(6) "Educator" means an individual employed by a school district who is required to
hold a professional license issued by the state board, except:
(a) a superintendent; or
(b) an individual who works less than three hours per day or is hired for less than half
of a school year.
(7) (a) "Employee" means a career or provisional employee of a school district, except
as provided in Subsection (7)(b).
(b) Excluding Section 
53G-11-518
, for purposes of this part, "employee" does not
include:
(i) a district superintendent or the equivalent at the Utah Schools for the Deaf and the
Blind;
(ii) a district business administrator or the equivalent at the Utah Schools for the Deaf
and the Blind; or
(iii) a temporary employee.
(8) "Last-hired, first-fired layoff policy" means a staff reduction policy that mandates
the termination of an employee who started to work for a district most recently before
terminating a more senior employee.
(9) "Provisional educator" means an educator employed by a school district who has
not achieved status as a career educator within the school district.
(10) "Provisional employee" means an individual, other than a career employee or a
temporary employee, who is employed by a school district.
(11) "School board" [
or "board"
] means a local school board or, for the Utah Schools
for the Deaf and the Blind, the state board.
(12) "School district" or "district" means:
(a) a public school district; or
(b) the Utah Schools for the Deaf and the Blind.
(13) "Summative evaluation" means the annual evaluation that summarizes an
educator's performance during a school year and that is used to make decisions related to the
educator's employment.
(14) "Temporary employee" means an individual who is employed on a temporary
basis as defined by policies adopted by the school board. If the class of employees in question
is represented by an employee organization recognized by the school board, the school board
shall adopt the school board's policies based upon an agreement with that organization. 
Temporary employees serve at will and have no expectation of continued employment.
(15) (a) "Unsatisfactory performance" means a deficiency in performing work tasks
that may be:
(i) due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
(ii) remediated through training, study, mentoring, or practice.
(b) "Unsatisfactory performance" does not include the following conduct that is
designated as a cause for termination under Section 
53G-11-512
 or a reason for license
discipline by the state board or Utah Professional Practices Advisory Commission:
(i) a violation of work policies;
(ii) a violation of school board policies, state board rules, or law;
(iii) a violation of standards of ethical, moral, or professional conduct; or
(iv) insubordination.
Section 80. Section 
58-1-501.7
 is amended to read:
58-1-501.7.
Standards of conduct for prescription drug education -- Academic
and commercial detailing.
(1) For purposes of this section:
(a) "Academic detailing":
(i) means a health care provider who is licensed under this title to prescribe or dispense
a prescription drug and employed by someone other than a pharmaceutical manufacturer:
(A) for the purpose of countering information provided in commercial detailing; and
(B) to disseminate educational information about prescription drugs to other health
care providers in an effort to better align clinical practice with scientific research; and
(ii) does not include a health care provider who:
(A) is disseminating educational information about a prescription drug as part of
teaching or supervising students or graduate medical education students at an institution of
higher education or through a medical residency program;
(B) is disseminating educational information about a prescription drug to a patient or a
patient's representative; or
(C) is acting within the scope of practice for the health care provider regarding the
prescribing or dispensing of a prescription drug.
(b) "Commercial detailing" means an educational practice employed by a
pharmaceutical manufacturer in which clinical information and evidence about a prescription
drug is shared with health care professionals.
(c) "Manufacture" is as defined in Section 
58-37-2
.
(d) "Pharmaceutical manufacturer" is a person who manufactures a prescription drug.
(2) (a) Except as provided in Subsection (3), the provisions of this section apply to an
academic detailer beginning July 1, 2013.
(b) An academic detailer and a commercial detailer who educate another health care
provider about prescription drugs through written or oral educational material is subject to
federal regulations regarding:
(i) false and misleading advertising in 21 C.F.R., Part 201 (2007);
(ii) prescription drug advertising in 21 C.F.R., Part 202 (2007); and
(iii) the federal Office of the Inspector General's Compliance Program Guidance for
Pharmaceutical Manufacturers issued in April 2003, as amended.
(c) A person who is injured by a violation of this section has a private right of action
against a person engaged in academic detailing, if:
(i) the actions of the person engaged in academic detailing, that are a violation of this
section, are:
(A) the result of gross negligence by the person; or
(B) willful and wanton behavior by the person; and
(ii) the damages to the person are reasonable, foreseeable, and proximately caused by
the violations of this section.
(3) (a) For purposes of this Subsection, "accident and health insurance":
(i) means the same as that term is defined in Section 
31A-1-301
; and
(ii) includes a self-funded health benefit plan and an administrator for a self-funded
health benefit plan.
(b) This section does not apply to a person who engages in academic detailing if that
person is engaged in academic detailing on behalf of:
(i) a person who provides accident and health insurance, including when the person
who provides accident and health insurance contracts with or offers:
(A) the state Medicaid program, including the Primary Care Network within the state's
Medicaid program;
(B) the Children's Health Insurance Program created in Section 
26-40-103
;
[
(C) the state's high risk insurance program created in Section 
31A-29-104
;
]
[
(D)
] 
(C)
 a Medicare plan; or
[
(E)
] 
(D)
 a Medicare supplement plan;
(ii) a hospital as defined in Section 
26-21-2
;
(iii) any class of pharmacy as defined in Section 
58-17b-102
, including any affiliated
pharmacies;
(iv) an integrated health system as defined in Section 
13-5b-102
; or
(v) a medical clinic.
(c) This section does not apply to communicating or disseminating information about a
prescription drug for the purpose of conducting research using prescription drugs at a health
care facility as defined in Section 
26-21-2
, or a medical clinic.
Section 81. Section 
58-9-102
 is amended to read:
58-9-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Alkaline hydrolysis" means a water-based dissolution process using alkaline
chemicals, heat, and sometimes agitation or pressure that reduces human remains to a liquid
and to dry bone residue and includes the disposal of the liquid and the processing and
pulverization of the dry bone residue.
(2) "Alkaline hydrolysis chamber" means the enclosed space within which the alkaline
hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of human
remains.
(3) "Alkaline hydrolysis container" means a container:
(a) in which human remains are transported to a funeral service establishment and
placed in an alkaline hydrolysis chamber for resomation; and
(b) that meets substantially all of the following standards:
(i) able to be closed in order to provide a complete covering for the human remains;
(ii) resistant to leakage or spillage;
(iii) rigid enough for handling with ease; and
(iv) able to provide protection for the health, safety, and personal integrity of crematory
personnel.
(4) "Authorizing agent" means a person legally entitled to authorize the cremation or
the alkaline hydrolysis process of human remains.
(5) "Beneficiary" means the individual who, at the time of the individual's death, is to
receive the benefit of the property and services purchased under a preneed funeral arrangement.
(6) "Board" means the Board of Funeral Service created in Section 
58-9-201
.
(7) "Body part" means:
(a) a limb or other portion of the anatomy that is removed from a person or human
remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research;
or
(b) a human body or any portion of a body that has been donated to science for medical
research purposes.
(8) "Buyer" means a person who purchases a preneed funeral arrangement.
(9) "Calcination" means a process in which a dead human body is reduced by intense
heat to a residue that is not as substantive as the residue that follows cremation.
(10) "Cremated remains" means all the remains of a cremated body recovered after the
completion of the cremation process, including pulverization which leaves only bone fragments
reduced to unidentifiable dimensions and may possibly include the residue of foreign matter
including casket material, bridgework, or eyeglasses that were cremated with the human
remains.
(11) "Cremation" means the technical process, using direct flame and heat, or a
chemical process, that reduces human remains to bone fragments through heat and evaporation,
or a chemical process, and includes the processing and usually the pulverization of the bone
fragments.
(12) "Cremation chamber" means the enclosed space within which the cremation
process takes place and which is used exclusively for the cremation of human remains.
(13) "Cremation container" means the container:
(a) in which the human remains are transported to the crematory and placed in the
cremation chamber for cremation; and
(b) that meets substantially all of the following standards:
(i) composed of readily combustible or consumable materials suitable for cremation;
(ii) able to be closed in order to provide a complete covering for the human remains;
(iii) resistant to leakage or spillage;
(iv) rigid enough for handling with ease; and
(v) able to provide protection for the health, safety, and personal integrity of crematory
personnel.
(14) "Crematory" means the building or portion of a building that houses the cremation
chamber and the holding facility.
(15) "Direct disposition" means the disposition of a dead human body:
(a) as quickly as law allows;
(b) without preparation of the body by embalming; and
(c) without an attendant funeral service or graveside service.
(16) "Disposition" means the final disposal of a dead human body by:
(a) earth interment;
(b) above ground burial;
(c) cremation;
(d) calcination;
(e) alkaline hydrolysis;
(f) burial at sea;
(g) delivery to a medical institution; or
(h) other lawful means.
(17) "Embalming" means replacing body fluids in a dead human body with preserving
and disinfecting chemicals.
(18) (a) "Funeral merchandise" means any of the following into which a dead human
body is placed in connection with the transportation or disposition of the body:
(i) a vault;
(ii) a casket; or
(iii) other personal property.
(b) "Funeral merchandise" does not include:
(i) a mausoleum crypt;
(ii) an interment receptacle preset in a cemetery; or
(iii) a columbarium niche.
(19) "Funeral service" means a service, rite, or ceremony performed:
(a) with respect to the death of a human; and
(b) with the body of the deceased present.
(20) "Funeral service director" means an individual licensed under this chapter who
may engage in all lawful professional activities regulated and defined under the practice of
funeral service.
(21) (a) "Funeral service establishment" means a place of business at a specific street
address or location licensed under this chapter that is devoted to:
(i) the embalming, care, custody, shelter, preparation for burial, and final disposition of
dead human bodies; and
(ii) the furnishing of services, merchandise, and products purchased from the
establishment as a preneed provider under a preneed funeral arrangement.
(b) "Funeral service establishment" includes:
(i) all portions of the business premises and all tools, instruments, and supplies used in
the preparation and embalming of dead human bodies for burial, cremation, alkaline
hydrolysis, and final disposition as defined by division rule; and
(ii) a facility used by the business in which funeral services may be conducted.
(22) "Funeral service intern" means an individual licensed under this chapter who is
permitted to:
(a) assist a funeral service director in the embalming or other preparation of a dead
human body for disposition;
(b) assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or
pulverization of a dead human body or its remains; and
(c) perform other funeral service activities under the supervision of a funeral service
director.
(23) "Graveside service" means a funeral service held at the location of disposition.
(24) "Memorial service" means a service, rite, or ceremony performed:
(a) with respect to the death of a human; and
(b) without the body of the deceased present.
(25) "Practice of funeral service" means:
(a) supervising the receipt of custody and transportation of a dead human body to
prepare the body for:
(i) disposition; or
(ii) shipment to another location;
(b) entering into a contract with a person to provide professional services regulated
under this chapter;
(c) embalming or otherwise preparing a dead human body for disposition;
(d) supervising the arrangement or conduct of:
(i) a funeral service;
(ii) a graveside service; or
(iii) a memorial service;
(e) cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body
or the body's remains;
(f) supervising the arrangement of:
(i) a disposition; or
(ii) a direct disposition;
(g) facilitating:
(i) a disposition; or
(ii) a direct disposition;
(h) supervising the sale of funeral merchandise by a funeral establishment;
(i) managing or otherwise being responsible for the practice of funeral service in a
licensed funeral service establishment;
(j) supervising the sale of a preneed funeral arrangement; and
(k) contracting with or employing individuals to sell a preneed funeral arrangement.
(26) (a) "Preneed funeral arrangement" means a written or oral agreement sold in
advance of the death of the beneficiary under which a person agrees with a buyer to provide at
the death of the beneficiary any of the following as are typically provided in connection with a
disposition:
(i) goods;
(ii) services, including:
(A) embalming services; and
(B) funeral directing services;
(iii) real property; or
(iv) personal property, including:
(A) a casket;
(B) another primary container;
(C) a cremation, alkaline hydrolysis, or transportation container;
(D) an outer burial container;
(E) a vault;
(F) a grave liner;
(G) funeral clothing and accessories;
(H) a monument;
(I) a grave marker; and
(J) a cremation or alkaline hydrolysis urn.
(b) "Preneed funeral arrangement" does not include a policy or product of life
insurance providing a death benefit cash payment upon the death of the beneficiary which is
not limited to providing the products or services described in Subsection [
(23)
] 
(26)
(a).
(27) "Processing" means the reduction of identifiable bone fragments after the
completion of the cremation or the alkaline hydrolysis process to unidentifiable bone fragments
by manual means.
(28) "Pulverization" means the reduction of identifiable bone fragments after the
completion of the cremation or alkaline hydrolysis and processing to granulated particles by
manual or mechanical means.
(29) "Resomation" means the alkaline hydrolysis process.
(30) "Sales agent" means an individual licensed under this chapter as a preneed funeral
arrangement sales agent.
(31) "Temporary container" means a receptacle for cremated or alkaline hydrolysis
remains usually made of cardboard, plastic, or similar material designed to hold the cremated
remains until an urn or other permanent container is acquired.
(32) "Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
and 
58-9-501
.
(33) "Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-9-502
.
(34) "Urn" means a receptacle designed to permanently encase cremated or alkaline
hydrolysis remains.
Section 82. Section 
58-28-606
 is amended to read:
58-28-606.
Veterinary corporations, partnerships, and limited liability companies
-- Unlicensed individuals -- Ownership of capital stock -- Service as officer or director.
(1) As used in this section:
(a) "Veterinary corporation" means a professional corporation organized to render
veterinary services under Title 16, Chapter 11, Professional Corporation Act.
(b) "Veterinary limited liability company" means a limited liability company organized
to render veterinary services under Title 48, Chapter 3a, Utah Revised Uniform Limited
Liability Company Act.
(c) "Veterinary partnership" means a partnership or limited liability partnership
organized to render veterinary services under [
Title 48, Chapter 1, General and Limited
Liability Partnerships.
]
:
(i) Title 48, Chapter 1d, Utah Uniform Partnership Act; or
(ii) Title 48, Chapter 2e, Utah Uniform Limited Partnership Act.
(2) A veterinary corporation may issue or transfer shares of the veterinary corporation's
capital stock to a person that is not licensed to practice veterinary medicine, surgery, and
dentistry under this chapter.
(3) An individual who is not licensed to practice veterinary medicine, surgery, and
dentistry under this chapter:
(a) may not serve as an officer or director of a veterinary corporation; and
(b) may serve as secretary or treasurer of a veterinary corporation.
(4) A veterinary limited liability company or a veterinary partnership may include an
individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this
chapter.
Section 83. Section 
58-37-8
 is amended to read:
58-37-8.
Prohibited acts -- Penalties.
(1) Prohibited acts A -- Penalties and reporting:
(a) Except as authorized by this chapter, it is unlawful for a person to knowingly and
intentionally:
(i) produce, manufacture, or dispense, or to possess with intent to produce,
manufacture, or dispense, a controlled or counterfeit substance;
(ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
arrange to distribute a controlled or counterfeit substance;
(iii) possess a controlled or counterfeit substance with intent to distribute; or
(iv) engage in a continuing criminal enterprise where:
(A) the person participates, directs, or engages in conduct that results in a violation of
[
Chapters
] 
Chapter
 37, Utah Controlled Substances Act, 
Chapter
 37a, Utah Drug Paraphernalia
Act, 
Chapter
 37b, Imitation Controlled Substances Act, 
Chapter
 37c, Utah Controlled
Substance Precursor Act, or 
Chapter
 37d, Clandestine Drug Lab Act, that is a felony; and
(B) the violation is a part of a continuing series of two or more violations of [
Chapters
]
Chapter
 37, Utah Controlled Substances Act, 
Chapter
 37a, Utah Drug Paraphernalia Act,
Chapter
 37b, Imitation Controlled Substances Act, 
Chapter
 37c, Utah Controlled Substance
Precursor Act, or 
Chapter
 37d, Clandestine Drug Lab Act, on separate occasions that are
undertaken in concert with five or more persons with respect to whom the person occupies a
position of organizer, supervisor, or any other position of management.
(b) A person convicted of violating Subsection (1)(a) with respect to:
(i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
subsequent conviction is guilty of a first degree felony;
(ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
marijuana, or a substance listed in Section 
58-37-4.2
 is guilty of a third degree felony, and
upon a second or subsequent conviction is guilty of a second degree felony; or
(iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
felony.
(c) A person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) may
be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier of
fact finds a firearm as defined in Section 
76-10-501
 was used, carried, or possessed on the
person or in the person's immediate possession during the commission or in furtherance of the
offense, the court shall additionally sentence the person convicted for a term of one year to run
consecutively and not concurrently; and the court may additionally sentence the person
convicted for an indeterminate term not to exceed five years to run consecutively and not
concurrently.
(d) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
felony punishable by imprisonment for an indeterminate term of not less than seven years and
which may be for life. Imposition or execution of the sentence may not be suspended, and the
person is not eligible for probation.
(e) The Administrative Office of the Courts shall report to the Division of
Occupational and Professional Licensing the name, case number, date of conviction, and if
known, the date of birth of each person convicted of violating Subsection (1)(a). 
(2) Prohibited acts B -- Penalties and reporting:
(a) It is unlawful:
(i) for a person knowingly and intentionally to possess or use a controlled substance
analog or a controlled substance, unless it was obtained under a valid prescription or order,
directly from a practitioner while acting in the course of the person's professional practice, or as
otherwise authorized by this chapter;
(ii) for an owner, tenant, licensee, or person in control of a building, room, tenement,
vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
by persons unlawfully possessing, using, or distributing controlled substances in any of those
locations; or
(iii) for a person knowingly and intentionally to possess an altered or forged
prescription or written order for a controlled substance.
(b) A person convicted of violating Subsection (2)(a)(i) with respect to:
(i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
or
(ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
of a class A misdemeanor on a first or second conviction, and on a third or subsequent
conviction is guilty of a third degree felony.
(c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
penalty than provided in this Subsection (2).
(d) A person who violates Subsection (2)(a)(i) with respect to all other controlled
substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
58-37-4.2
, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
person is guilty of a third degree felony.
(e) A person convicted of violating Subsection (2)(a)(i) while inside the exterior
boundaries of property occupied by a correctional facility as defined in Section 
64-13-1
 or a
public jail or other place of confinement shall be sentenced to a penalty one degree greater than
provided in Subsection (2)(b), and if the conviction is with respect to controlled substances as
listed in:
(i) Subsection (2)(b), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and:
(A) the court shall additionally sentence the person convicted to a term of one year to
run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently; and
(ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and the court shall additionally sentence the person
convicted to a term of six months to run consecutively and not concurrently.
(f) A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
(i) on a first conviction, guilty of a class B misdemeanor;
(ii) on a second conviction, guilty of a class A misdemeanor; and
(iii) on a third or subsequent conviction, guilty of a third degree felony.
(g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
amounting to a violation of Section 
76-5-207
:
(i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
body any measurable amount of a controlled substance; and
(ii) operates a motor vehicle as defined in Section 
76-5-207
 in a negligent manner,
causing serious bodily injury as defined in Section 
76-1-601
 or the death of another.
(h) A person who violates Subsection (2)(g) by having in the person's body:
(i) a controlled substance classified under Schedule I, other than those described in
Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
degree felony;
(ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
58-37-4
(2)(a)(iii)(S) or (AA), or a substance listed in Section 
58-37-4.2
 is guilty of a third
degree felony; or
(iii) a controlled substance classified under Schedules III, IV, or V is guilty of a class A
misdemeanor.
(i) A person is guilty of a separate offense for each victim suffering serious bodily
injury or death as a result of the person's negligent driving in violation of Subsection(2)(g)
whether or not the injuries arise from the same episode of driving.
(j) The Administrative Office of the Courts shall report to the Division of Occupational
and Professional Licensing the name, case number, date of conviction, and if known, the date
of birth of each person convicted of violating Subsection (2)(a). 
(3) Prohibited acts C -- Penalties:
(a) It is unlawful for a person knowingly and intentionally:
(i) to use in the course of the manufacture or distribution of a controlled substance a
license number which is fictitious, revoked, suspended, or issued to another person or, for the
purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
person;
(ii) to acquire or obtain possession of, to procure or attempt to procure the
administration of, to obtain a prescription for, to prescribe or dispense to a person known to be
attempting to acquire or obtain possession of, or to procure the administration of a controlled
substance by misrepresentation or failure by the person to disclose receiving a controlled
substance from another source, fraud, forgery, deception, subterfuge, alteration of a
prescription or written order for a controlled substance, or the use of a false name or address;
(iii) to make a false or forged prescription or written order for a controlled substance,
or to utter the same, or to alter a prescription or written order issued or written under the terms
of this chapter; or
(iv) to make, distribute, or possess a punch, die, plate, stone, or other thing designed to
print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing upon any drug or container or labeling
so as to render a drug a counterfeit controlled substance.
(b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
misdemeanor.
(ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
degree felony.
(c) A violation of Subsection (3)(a)(iv) is a third degree felony.
(4) Prohibited acts D -- Penalties:
(a) Notwithstanding other provisions of this section, a person not authorized under this
chapter who commits any act that is unlawful under Subsection (1)(a) or Section 
58-37b-4
 is
upon conviction subject to the penalties and classifications under this Subsection (4) if the trier
of fact finds the act is committed:
(i) in a public or private elementary or secondary school or on the grounds of any of
those schools during the hours of 6 a.m. through 10 p.m.;
(ii) in a public or private vocational school or postsecondary institution or on the
grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
(iii) in or on the grounds of a preschool or child-care facility during the preschool's or
facility's hours of operation;
(iv) in a public park, amusement park, arcade, or recreation center when the public or
amusement park, arcade, or recreation center is open to the public;
(v) in or on the grounds of a house of worship as defined in Section 
76-10-501
;
(vi) in or on the grounds of a library when the library is open to the public;
(vii) within an area that is within 100 feet of any structure, facility, or grounds included
in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
(viii) in the presence of a person younger than 18 years of age, regardless of where the
act occurs; or
(ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
distribution of a substance in violation of this section to an inmate or on the grounds of a
correctional facility as defined in Section 
76-8-311.3
.
(b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
and shall be imprisoned for a term of not less than five years if the penalty that would
otherwise have been established but for this Subsection (4) would have been a first degree
felony.
(ii) Imposition or execution of the sentence may not be suspended, and the person is
not eligible for probation.
(c) If the classification that would otherwise have been established would have been
less than a first degree felony but for this Subsection (4), a person convicted under this
Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
(d) (i) If the violation is of Subsection (4)(a)(ix):
(A) the person may be sentenced to imprisonment for an indeterminate term as
provided by law, and the court shall additionally sentence the person convicted for a term of
one year to run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently; and
(ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with
the mental state required for the commission of an offense, directly or indirectly solicits,
requests, commands, coerces, encourages, or intentionally aids another person to commit a
violation of Subsection (4)(a)(ix).
(e) It is not a defense to a prosecution under this Subsection (4) that:
(i) the actor mistakenly believed the individual to be 18 years of age or older at the
time of the offense or was unaware of the individual's true age; or
(ii) the actor mistakenly believed that the location where the act occurred was not as
described in Subsection (4)(a) or was unaware that the location where the act occurred was as
described in Subsection (4)(a).
(5) A violation of this chapter for which no penalty is specified is a class B
misdemeanor.
(6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
guilty or no contest to a violation or attempted violation of this section or a plea which is held
in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
even if the charge has been subsequently reduced or dismissed in accordance with the plea in
abeyance agreement.
(b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
conviction that is:
(i) from a separate criminal episode than the current charge; and
(ii) from a conviction that is separate from any other conviction used to enhance the
current charge.
(7) A person may be charged and sentenced for a violation of this section,
notwithstanding a charge and sentence for a violation of any other section of this chapter.
(8) (a) A penalty imposed for violation of this section is in addition to, and not in lieu
of, a civil or administrative penalty or sanction authorized by law.
(b) When a violation of this chapter violates a federal law or the law of another state,
conviction or acquittal under federal law or the law of another state for the same act is a bar to
prosecution in this state.
(9) In any prosecution for a violation of this chapter, evidence or proof that shows a
person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
substance or substances, is prima facie evidence that the person or persons did so with
knowledge of the character of the substance or substances.
(10) This section does not prohibit a veterinarian, in good faith and in the course of the
veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
administering controlled substances or from causing the substances to be administered by an
assistant or orderly under the veterinarian's direction and supervision.
(11) Civil or criminal liability may not be imposed under this section on:
(a) a person registered under this chapter who manufactures, distributes, or possesses
an imitation controlled substance for use as a placebo or investigational new drug by a
registered practitioner in the ordinary course of professional practice or research; or
(b) a law enforcement officer acting in the course and legitimate scope of the officer's
employment.
(12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
as defined in Section 
58-37-2
, who uses, possesses, or transports peyote for bona fide
traditional ceremonial purposes in connection with the practice of a traditional Indian religion
as defined in Section 
58-37-2
.
(b) In a prosecution alleging violation of this section regarding peyote as defined in
Section 
58-37-4
, it is an affirmative defense that the peyote was used, possessed, or transported
by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a
traditional Indian religion.
(c) (i) The defendant shall provide written notice of intent to claim an affirmative
defense under this Subsection (12) as soon as practicable, but not later than 10 days before
trial.
(ii) The notice shall include the specific claims of the affirmative defense.
(iii) The court may waive the notice requirement in the interest of justice for good
cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
(d) The defendant shall establish the affirmative defense under this Subsection (12) by
a preponderance of the evidence. If the defense is established, it is a complete defense to the
charges.
(13) (a) It is an affirmative defense that the person produced, possessed, or
administered a controlled substance listed in Section 
58-37-4.2
 if the person was:
(i) engaged in medical research; and
(ii) a holder of a valid license to possess controlled substances under Section 
58-37-6
.
(b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
a controlled substance listed in Section 
58-37-4.2
.
(14) It is an affirmative defense that the person possessed, in the person's body, a
controlled substance listed in Section 
58-37-4.2
 if:
(a) the person was the subject of medical research conducted by a holder of a valid
license to possess controlled substances under Section 
58-37-6
; and
(b) the substance was administered to the person by the medical researcher.
(15) The application of any increase in penalty under this section to a violation of
Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
Subsection (15) takes precedence over any conflicting provision of this section.
(16) (a) It is an affirmative defense to an allegation of the commission of an offense
listed in Subsection (16)(b) that the person:
(i) reasonably believes that the person or another person is experiencing an overdose
event due to the ingestion, injection, inhalation, or other introduction into the human body of a
controlled substance or other substance;
(ii) reports in good faith the overdose event to a medical provider, an emergency
medical service provider as defined in Section 
26-8a-102
, a law enforcement officer, a 911
emergency call system, or an emergency dispatch system, or the person is the subject of a
report made under this Subsection (16);
(iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
actual location of the overdose event that facilitates responding to the person experiencing the
overdose event;
(iv) remains at the location of the person experiencing the overdose event until a
responding law enforcement officer or emergency medical service provider arrives, or remains
at the medical care facility where the person experiencing an overdose event is located until a
responding law enforcement officer arrives;
(v) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the person
experiencing the overdose event and any substances the person may have injected, inhaled, or
otherwise introduced into the person's body; and
(vi) is alleged to have committed the offense in the same course of events from which
the reported overdose arose.
(b) The offenses referred to in Subsection (16)(a) are:
(i) the possession or use of less than 16 ounces of marijuana;
(ii) the possession or use of a scheduled or listed controlled substance other than
marijuana; and
(iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
Imitation Controlled Substances Act.
(c) As used in this Subsection (16) and in Section 
76-3-203.11
, "good faith" does not
include seeking medical assistance under this section during the course of a law enforcement
agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
(17) If any provision of this chapter, or the application of any provision to any person
or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
invalid provision or application.
(18) A legislative body of a political subdivision may not enact an ordinance that is
less restrictive than any provision of this chapter.
(19) If a minor who is under 18 years of age is found by a court to have violated this
section, the court may order the minor to complete:
(a) a screening as defined in Section 
41-6a-501
;
(b) an assessment as defined in Section 
41-6a-501
 if the screening indicates an
assessment to be appropriate; and
(c) an educational series as defined in Section 
41-6a-501
 or substance use disorder
treatment as indicated by an assessment.
Section 84. Section 
59-2-919
 is amended to read:
59-2-919.
Notice and public hearing requirements for certain tax increases --
Exceptions.
(1) As used in this section:
(a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
(b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
revenue from:
(i) eligible new growth as defined in Section 
59-2-924
; or
(ii) personal property that is:
(A) assessed by a county assessor in accordance with Part 3, County Assessment; and
(B) semiconductor manufacturing equipment.
(c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
that begins on January 1 and ends on December 31.
(d) "County executive calendar year taxing entity" means a calendar year taxing entity
that operates under the county executive-council form of government described in Section
17-52a-203
.
(e) "Current calendar year" means the calendar year immediately preceding the
calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
calendar year taxing entity's certified tax rate.
(f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
begins on July 1 and ends on June 30.
(g) "Last year's property tax budgeted revenue" does not include revenue received by a
taxing entity from a debt service levy voted on by the public.
(2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
rate unless the taxing entity meets:
(a) the requirements of this section that apply to the taxing entity; and
(b) all other requirements as may be required by law.
(3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar
year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's certified tax
rate if the calendar year taxing entity:
(i) 14 or more days before the date of the regular general election or municipal general
election held in the current calendar year, states at a public meeting:
(A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
calendar year taxing entity's certified tax rate;
(B) the dollar amount of and purpose for additional ad valorem tax revenue that would
be generated by the proposed increase in the certified tax rate; and
(C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
based on the proposed increase described in Subsection (3)(a)(i)(B);
(ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
separate item on the meeting agenda that notifies the public that the calendar year taxing entity
intends to make the statement described in Subsection (3)(a)(i);
(iii) meets the advertisement requirements of Subsections (6) and (7) before the
calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
(iv) provides notice by mail:
(A) seven or more days before the regular general election or municipal general
election held in the current calendar year; and
(B) as provided in Subsection (3)(c); and
(v) conducts a public hearing that is held:
(A) in accordance with Subsections (8) and (9); and
(B) in conjunction with the public hearing required by Section 
17-36-13
 or 
17B-1-610
.
(b) (i) For a county executive calendar year taxing entity, the statement described in
Subsection (3)(a)(i) shall be made by the:
(A) county council;
(B) county executive; or
(C) both the county council and county executive.
(ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
county council states a dollar amount of additional ad valorem tax revenue that is greater than
the amount of additional ad valorem tax revenue previously stated by the county executive in
accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
(A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
county executive calendar year taxing entity conducts the public hearing under Subsection
(3)(a)(v); and
(B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
county executive calendar year taxing entity conducts the public hearing required by
Subsection (3)(a)(v).
(c) The notice described in Subsection (3)(a)(iv):
(i) shall be mailed to each owner of property:
(A) within the calendar year taxing entity; and
(B) listed on the assessment roll;
(ii) shall be printed on a separate form that:
(A) is developed by the commission;
(B) states at the top of the form, in bold upper-case type no smaller than 18 point
"NOTICE OF PROPOSED TAX INCREASE"; and
(C) may be mailed with the notice required by Section 
59-2-1317
;
(iii) shall contain for each property described in Subsection (3)(c)(i):
(A) the value of the property for the current calendar year;
(B) the tax on the property for the current calendar year; and
(C) subject to Subsection (3)(d), for the calendar year for which the calendar year
taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
rate, the estimated tax on the property;
(iv) shall contain the following statement:
"[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
year]. This notice contains estimates of the tax on your property and the proposed tax increase
on your property as a result of this tax increase. These estimates are calculated on the basis of
[insert previous applicable calendar year] data. The actual tax on your property and proposed
tax increase on your property may vary from this estimate.";
(v) shall state the date, time, and place of the public hearing described in Subsection
(3)(a)(v); and
(vi) may contain other property tax information approved by the commission.
(d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
calculate the estimated tax on property on the basis of:
(i) data for the current calendar year; and
(ii) the amount of additional ad valorem tax revenue stated in accordance with this
section.
(4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
(a) provides notice by meeting the advertisement requirements of Subsections (6) and
(7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
taxing entity's annual budget is adopted; and
(b) conducts a public hearing in accordance with Subsections (8) and (9) before the
fiscal year taxing entity's annual budget is adopted.
(5) (a) A taxing entity is not required to meet the notice or public hearing requirements
of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
the requirements of this section.
(b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
(4) if:
(i) Section 
53F-8-301
 allows the taxing entity to levy a tax rate that exceeds that
certified tax rate without having to comply with the notice provisions of this section; or
(ii) the taxing entity:
(A) budgeted less than $20,000 in ad valorem tax [
revenues
] 
revenue
 for the previous
fiscal year; and
(B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
[
revenues
] 
revenue
.
(6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
section shall be published:
(i) subject to Section 
45-1-101
, in a newspaper or combination of newspapers of
general circulation in the taxing entity;
(ii) electronically in accordance with Section 
45-1-101
; and
(iii) on the Utah Public Notice Website created in Section 
63F-1-701
.
(b) The advertisement described in Subsection (6)(a)(i) shall:
(i) be no less than 1/4 page in size;
(ii) use type no smaller than 18 point; and
(iii) be surrounded by a 1/4-inch border.
(c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
(d) It is the intent of the Legislature that:
(i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
newspaper that is published at least one day per week; and
(ii) the newspaper or combination of newspapers selected:
(A) be of general interest and readership in the taxing entity; and
(B) not be of limited subject matter.
(e) (i) The advertisement described in Subsection (6)(a)(i) shall:
(A) except as provided in Subsection (6)(f), be run once each week for the two weeks
before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
and
(B) state that the taxing entity will meet on a certain day, time, and place fixed in the
advertisement, which shall be seven or more days after the day the first advertisement is
published, for the purpose of hearing comments regarding any proposed increase and to explain
the reasons for the proposed increase.
(ii) The advertisement described in Subsection (6)(a)(ii) shall:
(A) be published two weeks before a taxing entity conducts a public hearing described
in Subsection (3)(a)(v) or (4)(b); and
(B) state that the taxing entity will meet on a certain day, time, and place fixed in the
advertisement, which shall be seven or more days after the day the first advertisement is
published, for the purpose of hearing comments regarding any proposed increase and to explain
the reasons for the proposed increase.
(f) If a fiscal year taxing entity's public hearing information is published by the county
auditor in accordance with Section 
59-2-919.2
, the fiscal year taxing entity is not subject to the
requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
the advertisement once during the week before the fiscal year taxing entity conducts a public
hearing at which the taxing entity's annual budget is discussed.
(g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
advertisement shall be substantially as follows:
"NOTICE OF PROPOSED TAX INCREASE
(NAME OF TAXING ENTITY)
The (name of the taxing entity) is proposing to increase its property tax revenue.
• The (name of the taxing entity) tax on a (insert the average value of a residence
in the taxing entity rounded to the nearest thousand dollars) residence would
increase from $______ to $________, which is $_______ per year.
• The (name of the taxing entity) tax on a (insert the value of a business having
the same value as the average value of a residence in the taxing entity) business
would increase from $________ to $_______, which is $______ per year.
• If the proposed budget is approved, (name of the taxing entity) would increase
its property tax budgeted revenue by ___% above last year's property tax
budgeted revenue excluding eligible new growth.
All concerned citizens are invited to a public hearing on the tax increase.
PUBLIC HEARING
Date/Time: (date) (time)
Location: (name of meeting place and address of meeting place)
To obtain more information regarding the tax increase, citizens may contact the (name
of the taxing entity) at (phone number of taxing entity)."
(7) The commission:
(a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
two or more taxing entities; and
(b) subject to Section 
45-1-101
, may authorize:
(i) the use of a weekly newspaper:
(A) in a county having both daily and weekly newspapers if the weekly newspaper
would provide equal or greater notice to the taxpayer; and
(B) if the county petitions the commission for the use of the weekly newspaper; or
(ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
if:
(A) the cost of the advertisement would cause undue hardship;
(B) the direct notice is different and separate from that provided for in Section
59-2-919.1
; and
(C) the taxing entity petitions the commission for the use of a commission approved
direct notice.
(8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
legislative body in which the fiscal year taxing entity is located of the date, time, and place of
the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
(B) A county that receives notice from a fiscal year taxing entity under Subsection
(8)(a)(i)(A) shall include on the notice required by Section 
59-2-919.1
 the date, time, and place
of the public hearing described in Subsection (8)(a)(i)(A).
(ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
year, notify the county legislative body in which the calendar year taxing entity is located of the
date, time, and place of the first public hearing at which the calendar year taxing entity's annual
budget will be discussed.
(b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be:
(A) open to the public; and
(B) held at a meeting of the taxing entity with no items on the agenda other than
discussion and action on the taxing entity's intent to levy a tax rate that exceeds the taxing
entity's certified tax rate, the taxing entity's budget, a local district's or special service district's
fee implementation or increase, or a combination of these items.
(ii) The governing body of a taxing entity conducting a public hearing described in
Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
opportunity to present oral testimony:
(A) within reasonable time limits; and
(B) without unreasonable restriction on the number of individuals allowed to make
public comment.
(c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
of another overlapping taxing entity in the same county.
(ii) The taxing entities in which the power to set tax levies is vested in the same
governing board or authority may consolidate the public hearings described in Subsection
(3)(a)(v) or (4)(b) into one public hearing.
(d) A county legislative body shall resolve any conflict in public hearing dates and
times after consultation with each affected taxing entity.
(e) (i) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
(4)(b) beginning at or after 6 p.m.
(ii) If a taxing entity holds a public meeting for the purpose of addressing general
business of the taxing entity on the same date as a public hearing described in Subsection
(3)(a)(v) or (4)(b), the public meeting addressing general business items shall conclude before
the beginning of the public hearing described in Subsection (3)(a)(v) or (4)(b).
(f) (i) Except as provided in Subsection (8)(f)(ii), a taxing entity may not hold the
public hearing described in Subsection (3)(a)(v) or (4)(b) on the same date as another public
hearing of the taxing entity.
(ii) A taxing entity may hold the following hearings on the same date as a public
hearing described in Subsection (3)(a)(v) or (4)(b):
(A) a budget hearing;
(B) if the taxing entity is a local district or a special service district, a fee hearing
described in Section 
17B-1-643
;
(C) if the taxing entity is a town, an enterprise fund hearing described in Section
10-5-107.5
; or
(D) if the taxing entity is a city, an enterprise fund hearing described in Section
10-6-135.5.
(9) (a) If a taxing entity does not make a final decision on budgeting additional ad
valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
entity shall:
(i) announce at that public hearing the scheduled time and place of the next public
meeting at which the taxing entity will consider budgeting the additional ad valorem tax
revenue; and
(ii) if the taxing entity is a fiscal year taxing entity, hold the public meeting described
in Subsection (9)(a)(i) before September 1.
(b) A calendar year taxing entity may not adopt a final budget that budgets an amount
of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
tax revenue stated at a public meeting under Subsection (3)(a)(i).
(c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
annual budget.
Section 85. Section 
59-2-924
 is amended to read:
59-2-924.
Definitions -- Report of valuation of property to county auditor and
commission -- Transmittal by auditor to governing bodies -- Calculation of certified tax
rate -- Rulemaking authority -- Adoption of tentative budget -- Notice provided by the
commission.
(1) As used in this section:
(a) (i) "Ad valorem property tax revenue" means revenue collected in accordance with
this chapter.
(ii) "Ad valorem property tax revenue" does not include:
(A) interest;
(B) penalties;
(C) collections from redemptions; or
(D) revenue received by a taxing entity from personal property that is semiconductor
manufacturing equipment assessed by a county assessor in accordance with Part 3, County
Assessment.
(b) (i) "Aggregate taxable value of all property taxed" means:
(A) the aggregate taxable value of all real property a county assessor assesses in
accordance with Part 3, County Assessment, for the current year;
(B) the aggregate taxable value of all real and personal property the commission
assesses in accordance with Part 2, Assessment of Property, for the current year; and
(C) the aggregate year end taxable value of all personal property a county assessor
assesses in accordance with Part 3, County Assessment, contained on the prior year's tax rolls
of the taxing entity.
(ii) "Aggregate taxable value of all property taxed" does not include the aggregate year
end taxable value of personal property that is:
(A) semiconductor manufacturing equipment assessed by a county assessor in
accordance with Part 3, County Assessment; and
(B) contained on the prior year's tax rolls of the taxing entity.
(c) "Centrally assessed benchmark value" means an amount equal to the highest year
end taxable value of real and personal property the commission assesses in accordance with
Part 2, Assessment of Property, for a previous calendar year that begins on or after January 1,
2015, adjusted for taxable value attributable to:
(i) an annexation to a taxing entity; or
(ii) an incorrect allocation of taxable value of real or personal property the commission
assesses in accordance with Part 2, Assessment of Property. 
(d) (i) "Centrally assessed new growth" means the greater of:
(A) zero; or
(B) the amount calculated by subtracting the centrally assessed benchmark value
adjusted for prior year end incremental value from the taxable value of real and personal
property the commission assesses in accordance with Part 2, Assessment of Property, for the
current year, adjusted for current year incremental value.
(ii) "Centrally assessed new growth" does not include a change in value as a result of a
change in the method of apportioning the value prescribed by the Legislature, a court, or the
commission in an administrative rule or administrative order.
(e) "Certified tax rate" means a tax rate that will provide the same ad valorem property
tax revenue for a taxing entity as was budgeted by that taxing entity for the prior year.
(f) "Eligible new growth" means the greater of:
(i) zero; or
(ii) the sum of:
(A) locally assessed new growth;
(B) centrally assessed new growth; and
(C) project area new growth.
(g) "Incremental value" means the same as that term is defined in Section 
17C-1-102
.
(h) (i) "Locally assessed new growth" means the greater of:
(A) zero; or
(B) the amount calculated by subtracting the year end taxable value of real property the
county assessor assesses in accordance with Part 3, County Assessment, for the previous year,
adjusted for prior year end incremental value from the taxable value of real property the county
assessor assesses in accordance with Part 3, County Assessment, for the current year, adjusted
for current year incremental value.
(ii) "Locally assessed new growth" does not include a change in:
(A) value as a result of factoring in accordance with Section 
59-2-704
, reappraisal, or
another adjustment;
(B) assessed value based on whether a property is allowed a residential exemption for a
primary residence under Section 
59-2-103
;
(C) assessed value based on whether a property is assessed under Part 5, Farmland
Assessment Act; or
(D) assessed value based on whether a property is assessed under Part 17, Urban
Farming Assessment Act.
(i) "Project area" means the same as that term is defined in Section 
17C-1-102
.
(j) "Project area new growth" means an amount equal to the incremental value that is
no longer provided to an agency as tax increment.
(2) Before June 1 of each year, the county assessor of each county shall deliver to the
county auditor and the commission the following statements:
(a) a statement containing the aggregate valuation of all taxable real property a county
assessor assesses in accordance with Part 3, County Assessment, for each taxing entity; and
(b) a statement containing the taxable value of all personal property a county assessor
assesses in accordance with Part 3, County Assessment, from the prior year end values.
(3) The county auditor shall, on or before June 8, transmit to the governing body of
each taxing entity:
(a) the statements described in Subsections (2)(a) and (b);
(b) an estimate of the revenue from personal property;
(c) the certified tax rate; and
(d) all forms necessary to submit a tax levy request.
(4) (a) Except as otherwise provided in this section, the certified tax rate shall be
calculated by dividing the ad valorem property tax revenue that a taxing entity budgeted for the
prior year by the amount calculated under Subsection (4)(b).
(b) For purposes of Subsection (4)(a), the legislative body of a taxing entity shall
calculate an amount as follows:
(i) calculate for the taxing entity the difference between:
(A) the aggregate taxable value of all property taxed; and
(B) any adjustments for current year incremental value;
(ii) after making the calculation required by Subsection (4)(b)(i), calculate an amount
determined by increasing or decreasing the amount calculated under Subsection (4)(b)(i) by the
average of the percentage net change in the value of taxable property for the equalization
period for the three calendar years immediately preceding the current calendar year;
(iii) after making the calculation required by Subsection (4)(b)(ii), calculate the product
of:
(A) the amount calculated under Subsection (4)(b)(ii); and
(B) the percentage of property taxes collected for the five calendar years immediately
preceding the current calendar year; and
(iv) after making the calculation required by Subsection (4)(b)(iii), calculate an amount
determined by:
(A) multiplying the percentage of property taxes collected for the five calendar years
immediately preceding the current calendar year by eligible new growth; and
(B) subtracting the amount calculated under Subsection (4)(b)(iv)(A) from the amount
calculated under Subsection (4)(b)(iii).
(5) A certified tax rate for a taxing entity described in this Subsection (5) shall be
calculated as follows:
(a) except as provided in Subsection (5)(b), for a new taxing entity, the certified tax
rate is zero;
(b) for a municipality incorporated on or after July 1, 1996, the certified tax rate is:
(i) in a county of the first, second, or third class, the levy imposed for municipal-type
services under Sections 
17-34-1
 and 
17-36-9
; and
(ii) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
purposes and such other levies imposed solely for the municipal-type services identified in
Section 
17-34-1
 and Subsection 
17-36-3
[
(22)
]
(23)
; and
(c) for debt service voted on by the public, the certified tax rate is the actual levy
imposed by that section, except that a certified tax rate for the following levies shall be
calculated in accordance with Section 
59-2-913
 and this section:
(i) a school levy provided for under Section 
53F-8-301
, 
53F-8-302
, or 
53F-8-303
; and
(ii) a levy to pay for the costs of state legislative mandates or judicial or administrative
orders under Section 
59-2-1602
.
(6) (a) A judgment levy imposed under Section 
59-2-1328
 or 
59-2-1330
 may be
imposed at a rate that is sufficient to generate only the revenue required to satisfy one or more
eligible judgments.
(b) The ad valorem property tax revenue generated by a judgment levy described in
Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate certified tax
rate.
(7) (a) For the purpose of calculating the certified tax rate, the county auditor shall use:
(i) the taxable value of real property:
(A) the county assessor assesses in accordance with Part 3, County Assessment; and
(B) contained on the assessment roll;
(ii) the year end taxable value of personal property:
(A) a county assessor assesses in accordance with Part 3, County Assessment; and
(B) contained on the prior year's assessment roll; and
(iii) the taxable value of real and personal property the commission assesses in
accordance with Part 2, Assessment of Property.
(b) For purposes of Subsection (7)(a), taxable value does not include eligible new
growth.
(8) (a) On or before June 30, a taxing entity shall annually adopt a tentative budget.
(b) If a taxing entity intends to exceed the certified tax rate, the taxing entity shall
notify the county auditor of:
(i) the taxing entity's intent to exceed the certified tax rate; and
(ii) the amount by which the taxing entity proposes to exceed the certified tax rate.
(c) The county auditor shall notify property owners of any intent to levy a tax rate that
exceeds the certified tax rate in accordance with Sections 
59-2-919
 and 
59-2-919.1
.
(9) (a) Subject to Subsection (9)(d), the commission shall provide notice, through
electronic means on or before July 31, to a taxing entity and the Revenue and Taxation Interim
Committee if:
(i) the amount calculated under Subsection (9)(b) is 10% or more of the year end
taxable value of the real and personal property the commission assesses in accordance with
Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental
value; and
(ii) the amount calculated under Subsection (9)(c) is 50% or more of the total year end
taxable value of the real and personal property of a taxpayer the commission assesses in
accordance with Part 2, Assessment of Property, for the previous year.
(b) For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by
subtracting the taxable value of real and personal property the commission assesses in
accordance with Part 2, Assessment of Property, for the current year, adjusted for current year
incremental value, from the year end taxable value of the real and personal property the
commission assesses in accordance with Part 2, Assessment of Property, for the previous year,
adjusted for prior year end incremental value.
(c) For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by
subtracting the total taxable value of real and personal property of a taxpayer the commission
assesses in accordance with Part 2, Assessment of Property, for the current year, from the total
year end taxable value of the real and personal property of a taxpayer the commission assesses
in accordance with Part 2, Assessment of Property, for the previous year.
(d) The notification under Subsection (9)(a) shall include a list of taxpayers that meet
the requirement under Subsection (9)(a)(ii).
Section 86. Section 
59-2-1905
 is amended to read:
59-2-1905.
Refund.
(1) As used in this section:
(a) "Property taxes and fees due" means:
(i) the taxes due on an active duty claimant or veteran claimant's property:
(A) with respect to which a county grants an exemption under this part; and
(B) for the calendar year for which the county grants an exemption under this part; and
(ii) for a veteran claimant, a uniform fee on tangible personal property described in
Section 
59-2-405
 that is owned by the veteran claimant and assessed for the calendar year for
which the county grants an exemption under this part.
(b) "Property taxes and fees paid" is an amount equal to the sum of the following:
(i) the amount of property taxes that qualifies for an exemption under this part that the
active duty claimant or the veteran claimant paid for the calendar year for which the active duty
claimant or veteran claimant is applying for an exemption under this part;
(ii) the amount of the exemption the county grants for the calendar year for which the
active duty claimant or veteran claimant is applying for an exemption under this part; and
(iii) for a veteran claimant, the amount of a uniform fee on tangible personal property,
described in Section 
59-2-405
 and that qualifies for an exemption under this part, that is paid
by the veteran claimant for the calendar year for which the veteran claimant is applying for an
exemption under this part.
(2) A county shall refund to an active duty claimant or a veteran claimant an amount
equal to the amount by which the active duty [
claimant
] 
claimant's
 or veteran claimant's
property taxes and fees paid exceed the active duty [
claimant
] 
claimant's
 or veteran claimant's
property taxes and fees due, if that amount is $1 or more.
Section 87. Section 
59-7-104
 is amended to read:
59-7-104.
Tax -- Minimum tax.
(1) Each domestic and foreign corporation, except a corporation that is exempt under
Section 
59-7-102
, shall pay an annual tax to the state based on the corporation's Utah taxable
income for the taxable year for the privilege of exercising the corporation's corporate
franchise[
, as defined in Section 
59-7-101
,
] or for the privilege of doing business[
, as defined
in Section 
59-7-101
,
] in the state.
(2) The tax shall be 4.95% of a corporation's Utah taxable income.
(3) The minimum tax a corporation shall pay under this chapter is $100.
Section 88. Section 
59-7-610
 is amended to read:
59-7-610.
Recycling market development zones tax credits.
(1) Subject to other provisions of this section, a taxpayer that is a business operating in
a recycling market development zone as defined in Section 
63N-2-402
 may claim the following
nonrefundable tax credits:
(a) a tax credit of 5% of the purchase price paid for machinery and equipment used
directly in:
(i) commercial composting; or
(ii) manufacturing facilities or plant units that:
(A) manufacture, process, compound, or produce recycled items of tangible personal
property for sale; or
(B) reduce or reuse postconsumer waste material; and
(b) a tax credit equal to the lesser of:
(i) 20% of net expenditures to third parties for rent, wages, supplies, tools, test
inventory, and utilities made by the taxpayer for establishing and operating recycling or
composting technology in [
Utah
] 
the state
; and
(ii) $2,000.
(2) (a) To claim a tax credit described in Subsection (1), the taxpayer shall receive
from the Governor's Office of Economic Development a written certification, on a form
approved by the commission, that includes:
(i) a statement that the taxpayer is operating a business within the boundaries of a
recycling market development zone;
(ii) for [
claims
] 
a claim
 of the tax credit described in Subsection (1)(a):
(A) the type of the machinery and equipment that the taxpayer purchased;
(B) the date that the taxpayer purchased the machinery and equipment;
(C) the purchase price for the machinery and equipment;
(D) the total purchase price for all machinery and equipment for which the taxpayer is
claiming a tax credit;
(E) a statement that the machinery and equipment are integral to the composting or
recycling process; and
(F) the amount of the taxpayer's tax credit; and
(iii) for [
claims
] 
a claim
 of the tax credit described in Subsection (1)(b):
(A) the type of net expenditure that the taxpayer made to a third party;
(B) the date that the taxpayer made the payment to a third party;
(C) the amount that the taxpayer paid to each third party;
(D) the total amount that the taxpayer paid to all third parties;
(E) a statement that the net expenditures support the establishment and operation of
recycling or composting technology in [
Utah
] 
the state
; and
(F) the amount of the taxpayer's tax credit.
(b) (i) The Governor's Office of Economic Development shall provide a taxpayer
seeking to claim a tax credit under Subsection (1) with a copy of the written certification.
(ii) The taxpayer shall retain a copy of the written certification for the same period of
time that a person is required to keep books and records under Section 
59-1-1406
.
(c) The Governor's Office of Economic Development shall submit to the commission
an electronic list that includes:
(i) the name and identifying information of each taxpayer to which the [
office
]
Governor's Office of Economic Development
 issues a written certification; and
(ii) for each taxpayer, the amount of each tax credit listed on the written certification.
(3) A taxpayer may not claim a tax credit under Subsection (1)(a), Subsection (1)(b), or
both that exceeds 40% of the taxpayer's state income tax liability as the tax liability is
calculated:
(a) for the taxable year in which the taxpayer made the purchases or payments;
(b) before any other tax credits the taxpayer may claim for the taxable year; and
(c) before the taxpayer [
claiming
] 
claims
 a tax credit authorized by this section.
(4) The commission shall make rules governing what information a taxpayer shall file
with the commission to verify the entitlement to and amount of a tax credit.
(5) Except as provided in Subsections (6) through (8), a taxpayer may carry forward, to
the next three taxable years, the amount of the tax credit that exceeds the taxpayer's income tax
liability for the taxable year.
(6) A taxpayer may not claim or carry forward a tax credit described in Subsection
(1)(a) in a taxable year during which the taxpayer claims or carries forward a tax credit under
Section 
63N-2-213
.
(7) A taxpayer may not claim or carry forward a tax credit described in Subsection
(1)(b) in a taxable year during which the taxpayer claims or carries forward a tax credit under
Section 
63N-2-213
.
(8) A taxpayer may not claim or carry forward a tax credit under this section for a
taxable year during which the taxpayer claims the targeted business income tax credit under
Section 
59-7-624
.
Section 89. Section 
59-7-614.10
 is amended to read:
59-7-614.10.
Nonrefundable enterprise zone tax credit.
(1) As used in this section:
(a) "Business entity" means a corporation that meets the definition of "business entity"
as that term is defined in Section 
63N-2-202
.
(b) "Office" means the Governor's Office of Economic Development created in Section
63N-1-201
.
(2) Subject to the provisions of this section, a business entity may claim a
nonrefundable enterprise zone tax credit as described in Section 
63N-2-213
.
(3) The enterprise zone tax credit under this section is the amount listed as the tax
credit amount on the tax credit certificate that the office issues to the business entity for the
taxable year.
(4) A business entity may carry forward a tax credit under this section for a period that
does not exceed the next three taxable years, if the amount of the tax credit exceeds the
business entity's tax liability under this chapter for that taxable year.
(5) A business entity may not claim or carry forward a tax credit [
available
] under this
part for a taxable year during which the business entity has claimed the targeted business
income tax credit [
available
] under Section 
59-7-624
.
(6) (a) In accordance with Section 
59-7-159
, the Revenue and Taxation Interim
Committee shall study the tax credit allowed by this section and make recommendations
concerning whether the tax credit should be continued, modified, or repealed.
(b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
this Subsection (6), the office shall provide by electronic means the following information for
each calendar year to the Office of the Legislative Fiscal Analyst:
(A) the amount of tax credits provided in each development zone;
(B) the number of new full-time employee positions reported to obtain tax credits in
each development zone;
(C) the amount of tax credits awarded for rehabilitating a building in each development
zone;
(D) the amount of tax credits awarded for investing in a plant, equipment, or other
depreciable property in each development zone;
(E) the information related to the tax credit contained in the office's latest report under
Section 
63N-1-301
; and
(F) any other information that the Office of the Legislative Fiscal Analyst requests.
(ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
redact information that identifies a recipient of a tax credit under this section.
(B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
provide the information described in Subsection (6)(b)(i) in the aggregate for all development
zones that receive the tax credit under this section.
(c) As part of the study required by this Subsection (6), the Office of the Legislative
Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
office under Subsection (6)(b).
(d) The Revenue and Taxation Interim Committee shall ensure that the
recommendations described in Subsection (6)(a) include an evaluation of:
(i) the cost of the tax credit to the state;
(ii) the purpose and effectiveness of the tax credit; and
(iii) the extent to which the state benefits from the tax credit.
Section 90. Section 
59-7-624
 is amended to read:
59-7-624.
Targeted business income tax credit.
(1) As used in this section, "business applicant" means the same as that term is defined
in Section 
63N-2-302
.
(2) A business applicant that is certified and issued a targeted business income tax
eligibility certificate by the [
office
] 
Governor's Office of Economic Development
 under
Section 
63N-2-304
 may claim a refundable tax credit in the amount specified on the targeted
business income tax eligibility certificate.
(3) For a taxable year for which a business applicant claims a targeted business income
tax credit [
available
] under this section, the business applicant may not claim or carry forward a
tax credit [
available
] under Section 
59-7-610
, Section 
59-10-1007
, or Title 63N, Chapter 2,
Part 2, Enterprise Zone Act.
Section 91. Section 
59-10-136
 is amended to read:
59-10-136.
Domicile -- Temporary absence from state.
(1) (a) An individual is considered to have domicile in this state if:
(i) except as provided in Subsection (1)(b), a dependent with respect to whom the
individual or the individual's spouse claims a personal exemption or a tax credit under Section
24, Internal Revenue Code, on the individual's or individual's spouse's federal individual
income tax return is enrolled in a public kindergarten, public elementary school, or public
secondary school in this state; or
(ii) the individual or the individual's spouse is a resident student in accordance with
Section 
53B-8-102
 who is enrolled in an institution of higher education described in Section
53B-2-101
 in this state.
(b) The determination of whether an individual is considered to have domicile in this
state may not be determined in accordance with Subsection (1)(a)(i) if the individual:
(i) is the noncustodial parent of a dependent:
(A) with respect to whom the individual claims a personal exemption or a tax credit
under Section 24, Internal Revenue Code, on the individual's federal individual income tax
return; and
(B) who is enrolled in a public kindergarten, public elementary school, or public
secondary school in this state; and
(ii) is divorced from the custodial parent of the dependent described in Subsection
(1)(b)(i).
(2) There is a rebuttable presumption that an individual is considered to have domicile
in this state if:
(a) the individual or the individual's spouse claims a residential exemption in
accordance with Chapter 2, Property Tax Act, for that individual's or individual's spouse's
primary residence;
(b) the individual or the individual's spouse:
(i) votes in this state in a regular general election, municipal general election, primary
election, or special election during the taxable year; and
(ii) has not registered to vote in another state in that taxable year; or
(c) the individual or the individual's spouse asserts residency in this state for purposes
of filing an individual income tax return under this chapter, including asserting that the
individual or the individual's spouse is a part-year resident of this state for the portion of the
taxable year for which the individual or the individual's spouse is a resident of this state.
(3) (a) Subject to Subsection (3)(b), if the requirements of Subsection (1) or (2) are not
met for an individual to be considered to have domicile in this state, the individual is
considered to have domicile in this state if:
(i) the individual or the individual's spouse has a permanent home in this state to which
the individual or the individual's spouse intends to return after being absent; and
(ii) the individual or the individual's spouse has voluntarily fixed the individual's or the
individual's spouse's habitation in this state, not for a special or temporary purpose, but with the
intent of making a permanent home.
(b) The determination of whether an individual is considered to have domicile in this
state under Subsection (3)(a) shall be based on the preponderance of the evidence, taking into
consideration the totality of the following facts and circumstances:
(i) whether the individual or the individual's spouse has a driver license in this state;
(ii) whether a dependent with respect to whom the individual or the individual's spouse
claims a personal exemption or a tax credit under Section 24, Internal Revenue Code, on the
individual's or individual's spouse's federal individual income tax return is a resident student in
accordance with Section 
53B-8-102
 who is enrolled in an institution of higher education
described in Section 
53B-2-101
 in this state;
(iii) the nature and quality of the living accommodations that the individual or the
individual's spouse has in this state as compared to another state;
(iv) the presence in this state of a spouse or dependent with respect to whom the
individual or the individual's spouse claims a personal exemption or a tax credit under Section
24, Internal Revenue Code, on the individual's or individual's spouse's federal individual
income tax return;
(v) the physical location in which earned income as defined in Section 32(c)(2),
Internal Revenue Code, is earned by the individual or the individual's spouse;
(vi) the state of registration of a vehicle as defined in Section 
59-12-102
 owned or
leased by the individual or the individual's spouse;
(vii) whether the individual or the individual's spouse is a member of a church, a club,
or another similar organization in this state;
(viii) whether the individual or the individual's spouse lists an address in this state on
mail, a telephone listing, a listing in an official government publication, other correspondence,
or another similar item;
(ix) whether the individual or the individual's spouse lists an address in this state on a
state or federal tax return;
(x) whether the individual or the individual's spouse asserts residency in this state on a
document, other than an individual income tax return filed under this chapter, filed with or
provided to a court or other governmental entity;
(xi) the failure of an individual or the individual's spouse to obtain a permit or license
normally required of a resident of the state for which the individual or the individual's spouse
asserts to have domicile; [
or
]
(xii) whether the individual is an individual described in Subsection (1)(b);
(xiii) whether the individual:
(A) maintains a place of abode in the state; and
(B) spends in the aggregate 183 or more days of the taxable year in the state; or
(xiv) whether the individual or the individual's spouse:
(A) did not vote in this state in a regular general election, municipal general election,
primary election, or special election during the taxable year, but voted in the state in a general
election, municipal general election, primary election, or special election during any of the
three taxable years prior to that taxable year; and
(B) has not registered to vote in another state during a taxable year described in
Subsection (3)(b)(xiv)(A).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
for purposes of Subsection (3)(b)(xiii), the commission may by rule define what constitutes
spending a day of the taxable year in the state.
(4) (a) Notwithstanding Subsections (1) through (3) and subject to the other provisions
of this Subsection (4), an individual is not considered to have domicile in this state if the
individual meets the following qualifications:
(i) except as provided in Subsection (4)(a)(ii)(A), the individual and the individual's
spouse are absent from the state for at least 761 consecutive days; and
(ii) during the time period described in Subsection (4)(a)(i), neither the individual nor
the individual's spouse:
(A) return to this state for more than 30 days in a calendar year;
(B) claim a personal exemption or a tax credit under Section 24, Internal Revenue
Code, on the individual's or individual's spouse's federal individual income tax return with
respect to a dependent who is enrolled in a public kindergarten, public elementary school, or
public secondary school in this state, unless the individual is an individual described in
Subsection (1)(b);
(C) are resident students in accordance with Section 
53B-8-102
 who are enrolled in an
institution of higher education described in Section 
53B-2-101
 in this state;
(D) claim a residential exemption in accordance with Chapter 2, Property Tax Act, for
that individual's or individual's spouse's primary residence; or
(E) assert that this state is the individual's or the individual's spouse's tax home for
federal individual income tax purposes.
(b) Notwithstanding Subsection (4)(a), an individual that meets the qualifications of
Subsection (4)(a) to not be considered to have domicile in this state may elect to be considered
to have domicile in this state by filing an individual income tax return in this state as a resident
individual.
(c) For purposes of Subsection (4)(a), an absence from the state:
(i) begins on the later of the date:
(A) the individual leaves this state; or
(B) the individual's spouse leaves this state; and
(ii) ends on the date the individual or the individual's spouse returns to this state if the
individual or the individual's spouse remains in this state for more than 30 days in a calendar
year.
(d) An individual shall file an individual income tax return or amended individual
income tax return under this chapter and pay any applicable interest imposed under Section
59-1-402
 if:
(i) the individual did not file an individual income tax return or amended individual
income tax return under this chapter based on the individual's belief that the individual has met
the qualifications of Subsection (4)(a) to not be considered to have domicile in this state; and
(ii) the individual or the individual's spouse fails to meet a qualification of Subsection
(4)(a) to not be considered to have domicile in this state.
(e) (i) Except as provided in Subsection (4)(e)(ii), an individual that files an individual
income tax return or amended individual income tax return under Subsection (4)(d) shall pay
any applicable penalty imposed under Section 
59-1-401
.
(ii) The commission shall waive the penalties under Subsections 
59-1-401
(2), (3), and
(5) if an individual who is required by Subsection (4)(d) to file an individual income tax return
or amended individual income tax return under this chapter:
(A) files the individual income tax return or amended individual income tax return
within 105 days after the individual fails to meet a qualification of Subsection (4)(a) to not be
considered to have domicile in this state; and
(B) within the 105-day period described in Subsection (4)(e)(ii)(A), pays in full the tax
due on the return, any interest imposed under Section 
59-1-402
, and any applicable penalty
imposed under Section 
59-1-401
, except for a penalty under Subsection 
59-1-401
(2), (3), or
(5).
(5) Notwithstanding Subsections (2) and (3), for individuals who are spouses for
purposes of this section and one of the spouses has domicile under this section, the other
spouse is not considered to have domicile in this state under Subsection (2) or (3) if one of the
spouses establishes by a preponderance of the evidence that, during the taxable year and for
three taxable years prior to that taxable year, that other spouse:
(a) is not an owner of property in this state;
(b) does not return to this state for more than 30 days in a calendar year;
(c) has not received earned income as defined in Section 32(c)(2), Internal Revenue
Code, in this state;
(d) has not voted in this state in a regular general election, municipal general election,
primary election, or special election; and
(e) does not have a driver license in this state.
(6) (a) Except as provided in Subsection (5), an individual is considered to have
domicile in this state in accordance with this section, the individual's spouse is considered to
have domicile in this state.
(b) For purposes of this section, an individual is not considered to have a spouse if:
(i) the individual is legally separated or divorced from the spouse; or
(ii) the individual and the individual's spouse claim married filing separately filing
status for purposes of filing a federal individual income tax return for the taxable year.
(c) Except as provided in Subsection (6)(b)(ii), for purposes of this section, an
individual's filing status on a federal individual income tax return or a return filed under this
chapter may not be considered in determining whether an individual has a spouse.
(7) For purposes of this section, whether or not an individual or the individual's spouse
claims a property tax residential exemption under Chapter 2, Property Tax Act, for the
residential property that is the primary residence of a tenant of the individual or the individual's
spouse may not be considered in determining domicile in this state.
Section 92. Section 
59-10-1007
 is amended to read:
59-10-1007.
Recycling market development zones tax credits.
(1) Subject to other provisions of this section, a claimant, estate, or trust in a recycling
market development zone as defined in Section 
63N-2-402
 may claim the following
nonrefundable tax credits:
(a) a tax credit of 5% of the purchase price paid for machinery and equipment used
directly in:
(i) commercial composting; or
(ii) manufacturing facilities or plant units that:
(A) manufacture, process, compound, or produce recycled items of tangible personal
property for sale; or
(B) reduce or reuse postconsumer waste material; and
(b) a tax credit equal to the lesser of:
(i) 20% of net expenditures to third parties for rent, wages, supplies, tools, test
inventory, and utilities made by the claimant, estate, or trust for establishing and operating
recycling or composting technology in [
Utah
] 
the state
; and
(ii) $2,000.
(2) (a) To claim a tax credit described in Subsection (1), the claimant, estate, or trust
shall receive from the Governor's Office of Economic Development a written certification, on a
form approved by the commission, that includes:
(i) a statement that the claimant, estate, or trust is operating within the boundaries of a
recycling market development zone;
(ii) for [
claims
] 
a claim
 of the tax credit described in Subsection (1)(a):
(A) the type of the machinery and equipment that the claimant, estate, or trust
purchased;
(B) the date that the claimant, estate, or trust purchased the machinery and equipment;
(C) the purchase price for the machinery and equipment;
(D) the total purchase price for all machinery and equipment for which the claimant,
estate, or trust is claiming a tax credit;
(E) the amount of the claimant's, estate's, or trust's tax credit; and
(F) a statement that the machinery and equipment are integral to the composting or
recycling process; and
(iii) for [
claims
] 
a claim
 of the tax credit described in Subsection (1)(b):
(A) the type of net expenditure that the claimant, estate, or trust made to a third party;
(B) the date that the claimant, estate, or trust made the payment to a third party;
(C) the amount that the claimant, estate, or trust paid to each third party;
(D) the total amount that the claimant, estate, or trust paid to all third parties;
(E) a statement that the net expenditures support the establishment and operation of
recycling or composting technology in [
Utah
] 
the state
; and
(F) the amount of the claimant's, estate's, or trust's tax credit.
(b) (i) The Governor's Office of Economic Development shall provide a claimant,
estate, or trust seeking to claim a tax credit under Subsection (1) with a copy of the written
certification.
(ii) The claimant, estate, or trust shall retain a copy of the written certification for the
same period of time that a person is required to keep books and records under Section
59-1-1406
.
(c) The Governor's Office of Economic Development shall submit to the commission
an electronic list that includes:
(i) the name and identifying information of each claimant, estate, or trust to which the
[
office
] 
Governor's Office of Economic Development
 issues a written certification; and
(ii) for each claimant, estate, or trust, the amount of each tax credit listed on the written
certification.
(3) A claimant, estate, or trust may not claim a tax credit under Subsection (1)(a),
Subsection (1)(b), or both that exceeds 40% of the claimant's, estate's, or trust's state income
tax liability as the tax liability is calculated:
(a) for the taxable year in which the claimant, estate, or trust made the purchases or
payments;
(b) before any other tax credits the claimant, estate, or trust may claim for the taxable
year; and
(c) before the claimant, estate, or trust [
claiming
] 
claims
 a tax credit authorized by this
section.
(4) The commission shall make rules governing what information a claimant, estate, or
trust shall file with the commission to verify the entitlement to and amount of a tax credit.
(5) Except as provided in Subsections (6) through (8), a claimant, estate, or trust may
carry forward, to the next three taxable years, the amount of the tax credit that exceeds the
taxpayer's income tax liability for the taxable year.
(6) A claimant, estate, or trust may not claim or carry forward a tax credit described in
Subsection (1)(a) in a taxable year during which the claimant, estate, or trust claims or carries
forward a tax credit under Section 
63N-2-213
.
(7) A claimant, estate, or trust may not claim a tax credit described in Subsection (1)(b)
in a taxable year during which the claimant, estate, or trust claims or carries forward a tax
credit under Section 
63N-2-213
.
(8) A claimant, estate, or trust may not claim or carry forward a tax credit [
available
]
under this section for a taxable year during which the claimant, estate, or trust claims the
targeted business income tax credit under Section 
59-10-1112
.
Section 93. Section 
59-10-1037
 is amended to read:
59-10-1037.
Nonrefundable enterprise zone tax credit.
(1) As used in this section:
(a) "Business entity" means a claimant, estate, or trust that meets the definition of
"business entity" as that term is defined in Section 
63N-2-202
.
(b) "Office" means the Governor's Office of Economic Development created in Section
63N-1-201
.
(2) Subject to the provisions of this section, a business entity may claim a
nonrefundable enterprise zone tax credit as described in Section 
63N-2-213
.
(3) The enterprise zone tax credit under this section is the amount listed as the tax
credit amount on the tax credit certificate that the office issues to the business entity for the
taxable year.
(4) A business entity may carry forward a tax credit under this section for a period that
does not exceed the next three taxable years, if the amount of the tax credit exceeds the
business entity's tax liability under this chapter for that taxable year.
(5) A business entity may not claim or carry forward a tax credit [
available
] under this
part for a taxable year during which the business entity has claimed the targeted business
income tax credit [
available
] under Section 
59-10-1112
.
(6) (a) In accordance with Section 
59-10-137
, the Revenue and Taxation Interim
Committee shall study the tax credit allowed by this section and make recommendations
concerning whether the tax credit should be continued, modified, or repealed.
(b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
this Subsection (6), the office shall provide by electronic means the following information, if
available to the office, for each calendar year to the Office of the Legislative Fiscal Analyst:
(A) the amount of tax credits provided in each development zone;
(B) the number of new full-time employee positions reported to obtain tax credits in
each development zone;
(C) the amount of tax credits awarded for rehabilitating a building in each development
zone;
(D) the amount of tax credits awarded for investing in a plant, equipment, or other
depreciable property in each development zone;
(E) the information related to the tax credit contained in the office's latest report under
Section 
63N-1-301
; and
(F) other information that the Office of the Legislative Fiscal Analyst requests.
(ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
redact information that identifies a recipient of a tax credit under this section.
(B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
provide the information described in Subsection (6)(b)(i) in the aggregate for all development
zones that receive the tax credit under this section.
(c) As part of the study required by this Subsection (6), the Office of the Legislative
Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
office under Subsection (6)(b).
(d) The Revenue and Taxation Interim Committee shall ensure that the
recommendations described in Subsection (6)(a) include an evaluation of:
(i) the cost of the tax credit to the state;
(ii) the purpose and effectiveness of the tax credit; and
(iii) the extent to which the state benefits from the tax credit.
Section 94. Section 
59-10-1112
 is amended to read:
59-10-1112.
Targeted business income tax credit.
(1) As used in this section, "business applicant" means the same as that term is defined
in Section 
63N-2-302
.
(2) A business applicant that is certified and issued a targeted business income tax
eligibility certificate by the [
office
] 
Governor's Office of Economic Development
 under
Section 
63N-2-304
 may claim a refundable tax credit in the amount specified on the targeted
business income tax eligibility certificate.
(3) For a taxable year for which a business applicant claims a targeted business income
tax credit [
available
] under this section, the business applicant may not claim or carry forward a
tax credit [
available
] under Section 
59-7-610
, Section 
59-10-1007
, or Title 63N, Chapter 2,
Part 2, Enterprise Zone Act.
Section 95. Section 
59-12-102
 is amended to read:
59-12-102.
Definitions.
As used in this chapter:
(1) "800 service" means a telecommunications service that:
(a) allows a caller to dial a toll-free number without incurring a charge for the call; and
(b) is typically marketed:
(i) under the name 800 toll-free calling;
(ii) under the name 855 toll-free calling;
(iii) under the name 866 toll-free calling;
(iv) under the name 877 toll-free calling;
(v) under the name 888 toll-free calling; or
(vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
Federal Communications Commission.
(2) (a) "900 service" means an inbound toll telecommunications service that:
(i) a subscriber purchases;
(ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
the subscriber's:
(A) prerecorded announcement; or
(B) live service; and
(iii) is typically marketed:
(A) under the name 900 service; or
(B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
Communications Commission.
(b) "900 service" does not include a charge for:
(i) a collection service a seller of a telecommunications service provides to a
subscriber; or
(ii) the following a subscriber sells to the subscriber's customer:
(A) a product; or
(B) a service.
(3) (a) "Admission or user fees" includes season passes.
(b) "Admission or user fees" does not include annual membership dues to private
organizations.
(4) "Affiliate" or "affiliated person" means a person that, with respect to another
person:
(a) has an ownership interest of more than 5%, whether direct or indirect, in that other
person; or
(b) is related to the other person because a third person, or a group of third persons who
are affiliated persons with respect to each other, holds an ownership interest of more than 5%,
whether direct or indirect, in the related persons.
(5) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
Agreement after November 12, 2002.
(6) "Agreement combined tax rate" means the sum of the tax rates:
(a) listed under Subsection (7); and
(b) that are imposed within a local taxing jurisdiction.
(7) "Agreement sales and use tax" means a tax imposed under:
(a) Subsection 
59-12-103
(2)(a)(i)(A);
(b) Subsection 
59-12-103
(2)(b)(i);
(c) Subsection 
59-12-103
(2)(c)(i);
(d) Subsection 
59-12-103
(2)(d)(i)(A)(I);
(e) Section 
59-12-204
;
(f) Section 
59-12-401
;
(g) Section 
59-12-402
;
(h) Section 
59-12-402.1
;
(i) Section 
59-12-703
;
(j) Section 
59-12-802
;
(k) Section 
59-12-804
;
(l) Section 
59-12-1102
;
(m) Section 
59-12-1302
;
(n) Section 
59-12-1402
;
(o) Section 
59-12-1802
;
(p) Section 
59-12-2003
;
(q) Section 
59-12-2103
;
(r) Section 
59-12-2213
;
(s) Section 
59-12-2214
;
(t) Section 
59-12-2215
;
(u) Section 
59-12-2216
;
(v) Section 
59-12-2217
;
(w) Section 
59-12-2218
;
(x) Section 
59-12-2219
; or
(y) Section 
59-12-2220
.
(8) "Aircraft" means the same as that term is defined in Section 
72-10-102
.
(9) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
(a) except for:
(i) an airline as defined in Section 
59-2-102
; or
(ii) an affiliated group, as defined in Section 
59-7-101
, except that "affiliated group"
includes a corporation that is qualified to do business but is not otherwise doing business in the
state, of an airline; and
(b) that has the workers, expertise, and facilities to perform the following, regardless of
whether the business entity performs the following in this state:
(i) check, diagnose, overhaul, and repair:
(A) an onboard system of a fixed wing turbine powered aircraft; and
(B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
(ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
engine;
(iii) perform at least the following maintenance on a fixed wing turbine powered
aircraft:
(A) an inspection;
(B) a repair, including a structural repair or modification;
(C) changing landing gear; and
(D) addressing issues related to an aging fixed wing turbine powered aircraft;
(iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
completely apply new paint to the fixed wing turbine powered aircraft; and
(v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
results in a change in the fixed wing turbine powered aircraft's certification requirements by the
authority that certifies the fixed wing turbine powered aircraft.
(10) "Alcoholic beverage" means a beverage that:
(a) is suitable for human consumption; and
(b) contains .5% or more alcohol by volume.
(11) "Alternative energy" means:
(a) biomass energy;
(b) geothermal energy;
(c) hydroelectric energy;
(d) solar energy;
(e) wind energy; or
(f) energy that is derived from:
(i) coal-to-liquids;
(ii) nuclear fuel;
(iii) oil-impregnated diatomaceous earth;
(iv) oil sands;
(v) oil shale;
(vi) petroleum coke; or
(vii) waste heat from:
(A) an industrial facility; or
(B) a power station in which an electric generator is driven through a process in which
water is heated, turns into steam, and spins a steam turbine.
(12) (a) Subject to Subsection (12)(b), "alternative energy electricity production
facility" means a facility that:
(i) uses alternative energy to produce electricity; and
(ii) has a production capacity of two megawatts or greater.
(b) A facility is an alternative energy electricity production facility regardless of
whether the facility is:
(i) connected to an electric grid; or
(ii) located on the premises of an electricity consumer.
(13) (a) "Ancillary service" means a service associated with, or incidental to, the
provision of telecommunications service.
(b) "Ancillary service" includes:
(i) a conference bridging service;
(ii) a detailed communications billing service;
(iii) directory assistance;
(iv) a vertical service; or
(v) a voice mail service.
(14) "Area agency on aging" means the same as that term is defined in Section
62A-3-101
.
(15) "Assisted amusement device" means an amusement device, skill device, or ride
device that is started and stopped by an individual:
(a) who is not the purchaser or renter of the right to use or operate the amusement
device, skill device, or ride device; and
(b) at the direction of the seller of the right to use the amusement device, skill device,
or ride device.
(16) "Assisted cleaning or washing of tangible personal property" means cleaning or
washing of tangible personal property if the cleaning or washing labor is primarily performed
by an individual:
(a) who is not the purchaser of the cleaning or washing of the tangible personal
property; and
(b) at the direction of the seller of the cleaning or washing of the tangible personal
property.
(17) "Authorized carrier" means:
(a) in the case of vehicles operated over public highways, the holder of credentials
indicating that the vehicle is or will be operated pursuant to both the International Registration
Plan and the International Fuel Tax Agreement;
(b) in the case of aircraft, the holder of a Federal Aviation Administration operating
certificate or air carrier's operating certificate; or
(c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
stock in more than one state.
(18) (a) Except as provided in Subsection (18)(b), "biomass energy" means any of the
following that is used as the primary source of energy to produce fuel or electricity:
(i) material from a plant or tree; or
(ii) other organic matter that is available on a renewable basis, including:
(A) slash and brush from forests and woodlands;
(B) animal waste;
(C) waste vegetable oil;
(D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
wastewater residuals, or through the conversion of a waste material through a nonincineration,
thermal conversion process;
(E) aquatic plants; and
(F) agricultural products.
(b) "Biomass energy" does not include:
(i) black liquor; or
(ii) treated woods.
(19) (a) "Bundled transaction" means the sale of two or more items of tangible personal
property, products, or services if the tangible personal property, products, or services are:
(i) distinct and identifiable; and
(ii) sold for one nonitemized price.
(b) "Bundled transaction" does not include:
(i) the sale of tangible personal property if the sales price varies, or is negotiable, on
the basis of the selection by the purchaser of the items of tangible personal property included in
the transaction;
(ii) the sale of real property;
(iii) the sale of services to real property;
(iv) the retail sale of tangible personal property and a service if:
(A) the tangible personal property:
(I) is essential to the use of the service; and
(II) is provided exclusively in connection with the service; and
(B) the service is the true object of the transaction;
(v) the retail sale of two services if:
(A) one service is provided that is essential to the use or receipt of a second service;
(B) the first service is provided exclusively in connection with the second service; and
(C) the second service is the true object of the transaction;
(vi) a transaction that includes tangible personal property or a product subject to
taxation under this chapter and tangible personal property or a product that is not subject to
taxation under this chapter if the:
(A) seller's purchase price of the tangible personal property or product subject to
taxation under this chapter is de minimis; or
(B) seller's sales price of the tangible personal property or product subject to taxation
under this chapter is de minimis; and
(vii) the retail sale of tangible personal property that is not subject to taxation under
this chapter and tangible personal property that is subject to taxation under this chapter if:
(A) that retail sale includes:
(I) food and food ingredients;
(II) a drug;
(III) durable medical equipment;
(IV) mobility enhancing equipment;
(V) an over-the-counter drug;
(VI) a prosthetic device; or
(VII) a medical supply; and
(B) subject to Subsection (19)(f):
(I) the seller's purchase price of the tangible personal property subject to taxation under
this chapter is 50% or less of the seller's total purchase price of that retail sale; or
(II) the seller's sales price of the tangible personal property subject to taxation under
this chapter is 50% or less of the seller's total sales price of that retail sale.
(c) (i) For purposes of Subsection (19)(a)(i), tangible personal property, a product, or a
service that is distinct and identifiable does not include:
(A) packaging that:
(I) accompanies the sale of the tangible personal property, product, or service; and
(II) is incidental or immaterial to the sale of the tangible personal property, product, or
service;
(B) tangible personal property, a product, or a service provided free of charge with the
purchase of another item of tangible personal property, a product, or a service; or
(C) an item of tangible personal property, a product, or a service included in the
definition of "purchase price."
(ii) For purposes of Subsection (19)(c)(i)(B), an item of tangible personal property, a
product, or a service is provided free of charge with the purchase of another item of tangible
personal property, a product, or a service if the sales price of the purchased item of tangible
personal property, product, or service does not vary depending on the inclusion of the tangible
personal property, product, or service provided free of charge.
(d) (i) For purposes of Subsection (19)(a)(ii), property sold for one nonitemized price
does not include a price that is separately identified by tangible personal property, product, or
service on the following, regardless of whether the following is in paper format or electronic
format:
(A) a binding sales document; or
(B) another supporting sales-related document that is available to a purchaser.
(ii) For purposes of Subsection (19)(d)(i), a binding sales document or another
supporting sales-related document that is available to a purchaser includes:
(A) a bill of sale;
(B) a contract;
(C) an invoice;
(D) a lease agreement;
(E) a periodic notice of rates and services;
(F) a price list;
(G) a rate card;
(H) a receipt; or
(I) a service agreement.
(e) (i) For purposes of Subsection (19)(b)(vi), the sales price of tangible personal
property or a product subject to taxation under this chapter is de minimis if:
(A) the seller's purchase price of the tangible personal property or product is 10% or
less of the seller's total purchase price of the bundled transaction; or
(B) the seller's sales price of the tangible personal property or product is 10% or less of
the seller's total sales price of the bundled transaction.
(ii) For purposes of Subsection (19)(b)(vi), a seller:
(A) shall use the seller's purchase price or the seller's sales price to determine if the
purchase price or sales price of the tangible personal property or product subject to taxation
under this chapter is de minimis; and
(B) may not use a combination of the seller's purchase price and the seller's sales price
to determine if the purchase price or sales price of the tangible personal property or product
subject to taxation under this chapter is de minimis.
(iii) For purposes of Subsection (19)(b)(vi), a seller shall use the full term of a service
contract to determine if the sales price of tangible personal property or a product is de minimis.
(f) For purposes of Subsection (19)(b)(vii)(B), a seller may not use a combination of
the seller's purchase price and the seller's sales price to determine if tangible personal property
subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
price of that retail sale.
(20) "Certified automated system" means software certified by the governing board of
the agreement that:
(a) calculates the agreement sales and use tax imposed within a local taxing
jurisdiction:
(i) on a transaction; and
(ii) in the states that are members of the agreement;
(b) determines the amount of agreement sales and use tax to remit to a state that is a
member of the agreement; and
(c) maintains a record of the transaction described in Subsection (20)(a)(i).
(21) "Certified service provider" means an agent certified:
(a) by the governing board of the agreement; and
(b) to perform a seller's sales and use tax functions for an agreement sales and use tax,
as outlined in the contract between the governing board of the agreement and the certified
service provider, other than the seller's obligation under Section 
59-12-124
 to remit a tax on the
seller's own purchases.
(22) (a) Subject to Subsection (22)(b), "clothing" means all human wearing apparel
suitable for general use.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules:
(i) listing the items that constitute "clothing"; and
(ii) that are consistent with the list of items that constitute "clothing" under the
agreement.
(23) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
(24) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
fuels that does not constitute industrial use under Subsection (57) or residential use under
Subsection (111).
(25) (a) "Common carrier" means a person engaged in or transacting the business of
transporting passengers, freight, merchandise, or other property for hire within this state.
(b) (i) "Common carrier" does not include a person that, at the time the person is
traveling to or from that person's place of employment, transports a passenger to or from the
passenger's place of employment.
(ii) For purposes of Subsection (25)(b)(i), in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the commission may make rules defining what
constitutes a person's place of employment.
(c) "Common carrier" does not include a person that provides transportation network
services, as defined in Section 
13-51-102
.
(26) "Component part" includes:
(a) poultry, dairy, and other livestock feed, and their components;
(b) baling ties and twine used in the baling of hay and straw;
(c) fuel used for providing temperature control of orchards and commercial
greenhouses doing a majority of their business in wholesale sales, and for providing power for
off-highway type farm machinery; and
(d) feed, seeds, and seedlings.
(27) "Computer" means an electronic device that accepts information:
(a) (i) in digital form; or
(ii) in a form similar to digital form; and
(b) manipulates that information for a result based on a sequence of instructions.
(28) "Computer software" means a set of coded instructions designed to cause:
(a) a computer to perform a task; or
(b) automatic data processing equipment to perform a task.
(29) "Computer software maintenance contract" means a contract that obligates a seller
of computer software to provide a customer with:
(a) future updates or upgrades to computer software;
(b) support services with respect to computer software; or
(c) a combination of Subsections (29)(a) and (b).
(30) (a) "Conference bridging service" means an ancillary service that links two or
more participants of an audio conference call or video conference call.
(b) "Conference bridging service" may include providing a telephone number as part of
the ancillary service described in Subsection (30)(a).
(c) "Conference bridging service" does not include a telecommunications service used
to reach the ancillary service described in Subsection (30)(a).
(31) "Construction materials" means any tangible personal property that will be
converted into real property.
(32) "Delivered electronically" means delivered to a purchaser by means other than
tangible storage media.
(33) (a) "Delivery charge" means a charge:
(i) by a seller of:
(A) tangible personal property;
(B) a product transferred electronically; or
(C) a service; and
(ii) for preparation and delivery of the tangible personal property, product transferred
electronically, or services described in Subsection (33)(a)(i) to a location designated by the
purchaser.
(b) "Delivery charge" includes a charge for the following:
(i) transportation;
(ii) shipping;
(iii) postage;
(iv) handling;
(v) crating; or
(vi) packing.
(34) "Detailed telecommunications billing service" means an ancillary service of
separately stating information pertaining to individual calls on a customer's billing statement.
(35) "Dietary supplement" means a product, other than tobacco, that:
(a) is intended to supplement the diet;
(b) contains one or more of the following dietary ingredients:
(i) a vitamin;
(ii) a mineral;
(iii) an herb or other botanical;
(iv) an amino acid;
(v) a dietary substance for use by humans to supplement the diet by increasing the total
dietary intake; or
(vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
described in Subsections (35)(b)(i) through (v);
(c) (i) except as provided in Subsection (35)(c)(ii), is intended for ingestion in:
(A) tablet form;
(B) capsule form;
(C) powder form;
(D) softgel form;
(E) gelcap form; or
(F) liquid form; or
(ii) if the product is not intended for ingestion in a form described in Subsections
(35)(c)(i)(A) through (F), is not represented:
(A) as conventional food; and
(B) for use as a sole item of:
(I) a meal; or
(II) the diet; and
(d) is required to be labeled as a dietary supplement:
(i) identifiable by the "Supplemental Facts" box found on the label; and
(ii) as required by 21 C.F.R. Sec. 101.36.
(36) (a) "Digital audio work" means a work that results from the fixation of a series of
musical, spoken, or other sounds.
(b) "Digital audio work" includes a ringtone.
(37) "Digital audio-visual work" means a series of related images which, when shown
in succession, imparts an impression of motion, together with accompanying sounds, if any.
(38) "Digital book" means a work that is generally recognized in the ordinary and usual
sense as a book.
(39) (a) "Direct mail" means printed material delivered or distributed by United States
mail or other delivery service:
(i) to:
(A) a mass audience; or
(B) addressees on a mailing list provided:
(I) by a purchaser of the mailing list; or
(II) at the discretion of the purchaser of the mailing list; and
(ii) if the cost of the printed material is not billed directly to the recipients.
(b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
purchaser to a seller of direct mail for inclusion in a package containing the printed material.
(c) "Direct mail" does not include multiple items of printed material delivered to a
single address.
(40) "Directory assistance" means an ancillary service of providing:
(a) address information; or
(b) telephone number information.
(41) (a) "Disposable home medical equipment or supplies" means medical equipment
or supplies that:
(i) cannot withstand repeated use; and
(ii) are purchased by, for, or on behalf of a person other than:
(A) a health care facility as defined in Section 
26-21-2
;
(B) a health care provider as defined in Section 
78B-3-403
;
(C) an office of a health care provider described in Subsection (41)(a)(ii)(B); or
(D) a person similar to a person described in Subsections (41)(a)(ii)(A) through (C).
(b) "Disposable home medical equipment or supplies" does not include:
(i) a drug;
(ii) durable medical equipment;
(iii) a hearing aid;
(iv) a hearing aid accessory;
(v) mobility enhancing equipment; or
(vi) tangible personal property used to correct impaired vision, including:
(A) eyeglasses; or
(B) contact lenses.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes medical equipment or supplies.
(42) "Drilling equipment manufacturer" means a facility:
(a) located in the state;
(b) with respect to which 51% or more of the manufacturing activities of the facility
consist of manufacturing component parts of drilling equipment;
(c) that uses pressure of 800,000 or more pounds per square inch as part of the
manufacturing process; and
(d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
manufacturing process.
(43) (a) "Drug" means a compound, substance, or preparation, or a component of a
compound, substance, or preparation that is:
(i) recognized in:
(A) the official United States Pharmacopoeia;
(B) the official Homeopathic Pharmacopoeia of the United States;
(C) the official National Formulary; or
(D) a supplement to a publication listed in Subsections (43)(a)(i)(A) through (C);
(ii) intended for use in the:
(A) diagnosis of disease;
(B) cure of disease;
(C) mitigation of disease;
(D) treatment of disease; or
(E) prevention of disease; or
(iii) intended to affect:
(A) the structure of the body; or
(B) any function of the body.
(b) "Drug" does not include:
(i) food and food ingredients;
(ii) a dietary supplement;
(iii) an alcoholic beverage; or
(iv) a prosthetic device.
(44) (a) Except as provided in Subsection (44)(c), "durable medical equipment" means
equipment that:
(i) can withstand repeated use;
(ii) is primarily and customarily used to serve a medical purpose;
(iii) generally is not useful to a person in the absence of illness or injury; and
(iv) is not worn in or on the body.
(b) "Durable medical equipment" includes parts used in the repair or replacement of the
equipment described in Subsection (44)(a).
(c) "Durable medical equipment" does not include mobility enhancing equipment.
(45) "Electronic" means:
(a) relating to technology; and
(b) having:
(i) electrical capabilities;
(ii) digital capabilities;
(iii) magnetic capabilities;
(iv) wireless capabilities;
(v) optical capabilities;
(vi) electromagnetic capabilities; or
(vii) capabilities similar to Subsections (45)(b)(i) through (vi).
(46) "Electronic financial payment service" means an establishment:
(a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
Clearinghouse Activities, of the 2012 North American Industry Classification System of the
federal Executive Office of the President, Office of Management and Budget; and
(b) that performs electronic financial payment services.
(47) "Employee" means the same as that term is defined in Section 
59-10-401
.
(48) "Fixed guideway" means a public transit facility that uses and occupies:
(a) rail for the use of public transit; or
(b) a separate right-of-way for the use of public transit.
(49) "Fixed wing turbine powered aircraft" means an aircraft that:
(a) is powered by turbine engines;
(b) operates on jet fuel; and
(c) has wings that are permanently attached to the fuselage of the aircraft.
(50) "Fixed wireless service" means a telecommunications service that provides radio
communication between fixed points.
(51) (a) "Food and food ingredients" means substances:
(i) regardless of whether the substances are in:
(A) liquid form;
(B) concentrated form;
(C) solid form;
(D) frozen form;
(E) dried form; or
(F) dehydrated form; and
(ii) that are:
(A) sold for:
(I) ingestion by humans; or
(II) chewing by humans; and
(B) consumed for the substance's:
(I) taste; or
(II) nutritional value.
(b) "Food and food ingredients" includes an item described in Subsection (95)(b)(iii).
(c) "Food and food ingredients" does not include:
(i) an alcoholic beverage;
(ii) tobacco; or
(iii) prepared food.
(52) (a) "Fundraising sales" means sales:
(i) (A) made by a school; or
(B) made by a school student;
(ii) that are for the purpose of raising funds for the school to purchase equipment,
materials, or provide transportation; and
(iii) that are part of an officially sanctioned school activity.
(b) For purposes of Subsection (52)(a)(iii), "officially sanctioned school activity"
means a school activity:
(i) that is conducted in accordance with a formal policy adopted by the school or school
district governing the authorization and supervision of fundraising activities;
(ii) that does not directly or indirectly compensate an individual teacher or other
educational personnel by direct payment, commissions, or payment in kind; and
(iii) the net or gross revenues from which are deposited in a dedicated account
controlled by the school or school district.
(53) "Geothermal energy" means energy contained in heat that continuously flows
outward from the earth that is used as the sole source of energy to produce electricity.
(54) "Governing board of the agreement" means the governing board of the agreement
that is:
(a) authorized to administer the agreement; and
(b) established in accordance with the agreement.
(55) (a) For purposes of Subsection 
59-12-104
(41), "governmental entity" means:
(i) the executive branch of the state, including all departments, institutions, boards,
divisions, bureaus, offices, commissions, and committees;
(ii) the judicial branch of the state, including the courts, the Judicial Council, the
Administrative Office of the Courts, and similar administrative units in the judicial branch;
(iii) the legislative branch of the state, including the House of Representatives, the
Senate, the Legislative Printing Office, the Office of Legislative Research and General
Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
Analyst;
(iv) the National Guard;
(v) an independent entity as defined in Section 
63E-1-102
; or
(vi) a political subdivision as defined in Section 
17B-1-102
.
(b) "Governmental entity" does not include the state systems of public and higher
education, including:
(i) a school;
(ii) the State Board of Education;
(iii) the State Board of Regents; or
(iv) an institution of higher education described in Section 
53B-1-102
.
(56) "Hydroelectric energy" means water used as the sole source of energy to produce
electricity.
(57) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
other fuels:
(a) in mining or extraction of minerals;
(b) in agricultural operations to produce an agricultural product up to the time of
harvest or placing the agricultural product into a storage facility, including:
(i) commercial greenhouses;
(ii) irrigation pumps;
(iii) farm machinery;
(iv) implements of husbandry as defined in Section 
41-1a-102
 that are not registered
under Title 41, Chapter 1a, Part 2, Registration; and
(v) other farming activities;
(c) in manufacturing tangible personal property at an establishment described in:
(i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
the federal Executive Office of the President, Office of Management and Budget; or
(ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
American Industry Classification System of the federal Executive Office of the President,
Office of Management and Budget;
(d) by a scrap recycler if:
(i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
one or more of the following items into prepared grades of processed materials for use in new
products:
(A) iron;
(B) steel;
(C) nonferrous metal;
(D) paper;
(E) glass;
(F) plastic;
(G) textile; or
(H) rubber; and
(ii) the new products under Subsection (57)(d)(i) would otherwise be made with
nonrecycled materials; or
(e) in producing a form of energy or steam described in Subsection 
54-2-1
(3)(a) by a
cogeneration facility as defined in Section 
54-2-1
.
(58) (a) Except as provided in Subsection (58)(b), "installation charge" means a charge
for installing:
(i) tangible personal property; or
(ii) a product transferred electronically.
(b) "Installation charge" does not include a charge for:
(i) repairs or renovations of:
(A) tangible personal property; or
(B) a product transferred electronically; or
(ii) attaching tangible personal property or a product transferred electronically:
(A) to other tangible personal property; and
(B) as part of a manufacturing or fabrication process.
(59) "Institution of higher education" means an institution of higher education listed in
Section 
53B-2-101
.
(60) (a) "Lease" or "rental" means a transfer of possession or control of tangible
personal property or a product transferred electronically for:
(i) (A) a fixed term; or
(B) an indeterminate term; and
(ii) consideration.
(b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
amount of consideration may be increased or decreased by reference to the amount realized
upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
Code.
(c) "Lease" or "rental" does not include:
(i) a transfer of possession or control of property under a security agreement or
deferred payment plan that requires the transfer of title upon completion of the required
payments;
(ii) a transfer of possession or control of property under an agreement that requires the
transfer of title:
(A) upon completion of required payments; and
(B) if the payment of an option price does not exceed the greater of:
(I) $100; or
(II) 1% of the total required payments; or
(iii) providing tangible personal property along with an operator for a fixed period of
time or an indeterminate period of time if the operator is necessary for equipment to perform as
designed.
(d) For purposes of Subsection (60)(c)(iii), an operator is necessary for equipment to
perform as designed if the operator's duties exceed the:
(i) set-up of tangible personal property;
(ii) maintenance of tangible personal property; or
(iii) inspection of tangible personal property.
(61) "Life science establishment" means an establishment in this state that is classified
under the following NAICS codes of the 2007 North American Industry Classification System
of the federal Executive Office of the President, Office of Management and Budget:
(a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
(b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
Manufacturing; or
(c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
(62) "Life science research and development facility" means a facility owned, leased,
or rented by a life science establishment if research and development is performed in 51% or
more of the total area of the facility.
(63) "Load and leave" means delivery to a purchaser by use of a tangible storage media
if the tangible storage media is not physically transferred to the purchaser.
(64) "Local taxing jurisdiction" means a:
(a) county that is authorized to impose an agreement sales and use tax;
(b) city that is authorized to impose an agreement sales and use tax; or
(c) town that is authorized to impose an agreement sales and use tax.
(65) "Manufactured home" means the same as that term is defined in Section
15A-1-302
.
(66) "Manufacturing facility" means:
(a) an establishment described in:
(i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
the federal Executive Office of the President, Office of Management and Budget; or
(ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
American Industry Classification System of the federal Executive Office of the President,
Office of Management and Budget;
(b) a scrap recycler if:
(i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
one or more of the following items into prepared grades of processed materials for use in new
products:
(A) iron;
(B) steel;
(C) nonferrous metal;
(D) paper;
(E) glass;
(F) plastic;
(G) textile; or
(H) rubber; and
(ii) the new products under Subsection (66)(b)(i) would otherwise be made with
nonrecycled materials; or
(c) a cogeneration facility as defined in Section 
54-2-1
 if the cogeneration facility is
placed in service on or after May 1, 2006.
(67) (a) "Marketplace" means a physical or electronic place, platform, or forum where
tangible personal property, a product transferred electronically, or a service is offered for sale.
(b) "Marketplace" includes a store, a booth, an Internet website, a catalog, or a
dedicated sales software application.
(68) (a) "Marketplace facilitator" means a person, including an affiliate of the person,
that enters into a contract, an agreement, or otherwise with sellers, for consideration, to
facilitate the sale of a seller's product through a marketplace that the person owns, operates, or
controls and that directly or indirectly:
(i) does any of the following:
(A) lists, makes available, or advertises tangible personal property, a product
transferred electronically, or a service for sale by a marketplace seller on a marketplace that the
person owns, operates, or controls;
(B) facilitates the sale of a marketplace seller's tangible personal property, product
transferred electronically, or service by transmitting or otherwise communicating an offer or
acceptance of a retail sale between the marketplace seller and a purchaser using the
marketplace;
(C) owns, rents, licenses, makes available, or operates any electronic or physical
infrastructure or any property, process, method, copyright, trademark, or patent that connects a
marketplace seller to a purchaser for the purpose of making a retail sale of tangible personal
property, a product transferred electronically, or a service;
(D) provides a marketplace for making, or otherwise facilitates, a retail sale of tangible
personal property, a product transferred electronically, or a service, regardless of ownership or
control of the tangible personal property, the product transferred electronically, or the service
that is the subject of the retail sale;
(E) provides software development or research and development activities related to
any activity described in this Subsection (68)(a)(i), if the software development or research and
development activity is directly related to the person's marketplace;
(F) provides or offers fulfillment or storage services for a marketplace seller;
(G) sets prices for the sale of tangible personal property, a product transferred
electronically, or a service by a marketplace seller;
(H) provides or offers customer service to a marketplace seller or a marketplace seller's
purchaser or accepts or assists with taking orders, returns, or exchanges of tangible personal
property, a product transferred electronically, or a service sold by a marketplace seller on the
person's marketplace; or
(I) brands or otherwise identifies sales as those of the person; and
(ii) does any of the following:
(A) collects the sales price or purchase price of a retail sale of tangible personal
property, a product transferred electronically, or a service;
(B) provides payment processing services for a retail sale of tangible personal property,
a product transferred electronically, or a service;
(C) charges, collects, or otherwise receives a selling fee, listing fee, referral fee, closing
fee, a fee for inserting or making available tangible personal property, a product transferred
electronically, or a service on the person's marketplace, or other consideration for the
facilitation of a retail sale of tangible personal property, a product transferred electronically, or
a service, regardless of ownership or control of the tangible personal property, the product
transferred electronically, or the service that is the subject of the retail sale;
(D) through terms and conditions, an agreement, or another arrangement with a third
person, collects payment from a purchase for a retail sale of tangible personal property, a
product transferred electronically, or a service and transmits that payment to the marketplace
seller, regardless of whether the third person receives compensation or other consideration in
exchange for the service; or
(E) provides a virtual currency for a purchaser to use to purchase tangible personal
property, a product transferred electronically, or service offered for sale.
(b) "Marketplace facilitator" does not include a person that only provides payment
processing services.
(69) "Marketplace seller" means a seller that makes one or more retail sales through a
marketplace that a marketplace facilitator owns, operates, or controls, regardless of whether the
seller is required to be registered to collect and remit the tax under this part.
(70) "Member of the immediate family of the producer" means a person who is related
to a producer described in Subsection 
59-12-104
(20)(a) as a:
(a) child or stepchild, regardless of whether the child or stepchild is:
(i) an adopted child or adopted stepchild; or
(ii) a foster child or foster stepchild;
(b) grandchild or stepgrandchild;
(c) grandparent or stepgrandparent;
(d) nephew or stepnephew;
(e) niece or stepniece;
(f) parent or stepparent;
(g) sibling or stepsibling;
(h) spouse;
(i) person who is the spouse of a person described in Subsections (70)(a) through (g);
or
(j) person similar to a person described in Subsections (70)(a) through (i) as
determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(71) "Mobile home" means the same as that term is defined in Section 
15A-1-302
.
(72) "Mobile telecommunications service" means the same as that term is defined in
the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
(73) (a) "Mobile wireless service" means a telecommunications service, regardless of
the technology used, if:
(i) the origination point of the conveyance, routing, or transmission is not fixed;
(ii) the termination point of the conveyance, routing, or transmission is not fixed; or
(iii) the origination point described in Subsection (73)(a)(i) and the termination point
described in Subsection (73)(a)(ii) are not fixed.
(b) "Mobile wireless service" includes a telecommunications service that is provided
by a commercial mobile radio service provider.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define "commercial mobile radio service provider."
(74) (a) Except as provided in Subsection (74)(c), "mobility enhancing equipment"
means equipment that is:
(i) primarily and customarily used to provide or increase the ability to move from one
place to another;
(ii) appropriate for use in a:
(A) home; or
(B) motor vehicle; and
(iii) not generally used by persons with normal mobility.
(b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
the equipment described in Subsection (74)(a).
(c) "Mobility enhancing equipment" does not include:
(i) a motor vehicle;
(ii) equipment on a motor vehicle if that equipment is normally provided by the motor
vehicle manufacturer;
(iii) durable medical equipment; or
(iv) a prosthetic device.
(75) "Model 1 seller" means a seller registered under the agreement that has selected a
certified service provider as the seller's agent to perform the seller's sales and use tax functions
for agreement sales and use taxes, as outlined in the contract between the governing board of
the agreement and the certified service provider, other than the seller's obligation under Section
59-12-124
 to remit a tax on the seller's own purchases.
(76) "Model 2 seller" means a seller registered under the agreement that:
(a) except as provided in Subsection (76)(b), has selected a certified automated system
to perform the seller's sales tax functions for agreement sales and use taxes; and
(b) retains responsibility for remitting all of the sales tax:
(i) collected by the seller; and
(ii) to the appropriate local taxing jurisdiction.
(77) (a) Subject to Subsection (77)(b), "model 3 seller" means a seller registered under
the agreement that has:
(i) sales in at least five states that are members of the agreement;
(ii) total annual sales revenues of at least $500,000,000;
(iii) a proprietary system that calculates the amount of tax:
(A) for an agreement sales and use tax; and
(B) due to each local taxing jurisdiction; and
(iv) entered into a performance agreement with the governing board of the agreement.
(b) For purposes of Subsection (77)(a), "model 3 seller" includes an affiliated group of
sellers using the same proprietary system.
(78) "Model 4 seller" means a seller that is registered under the agreement and is not a
model 1 seller, model 2 seller, or model 3 seller.
(79) "Modular home" means a modular unit as defined in Section 
15A-1-302
.
(80) "Motor vehicle" means the same as that term is defined in Section 
41-1a-102
.
(81) "Oil sands" means impregnated bituminous sands that:
(a) contain a heavy, thick form of petroleum that is released when heated, mixed with
other hydrocarbons, or otherwise treated;
(b) yield mixtures of liquid hydrocarbon; and
(c) require further processing other than mechanical blending before becoming finished
petroleum products.
(82) "Oil shale" means a group of fine black to dark brown shales containing kerogen
material that yields petroleum upon heating and distillation.
(83) "Optional computer software maintenance contract" means a computer software
maintenance contract that a customer is not obligated to purchase as a condition to the retail
sale of computer software.
(84) (a) "Other fuels" means products that burn independently to produce heat or
energy.
(b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
personal property.
(85) (a) "Paging service" means a telecommunications service that provides
transmission of a coded radio signal for the purpose of activating a specific pager.
(b) For purposes of Subsection (85)(a), the transmission of a coded radio signal
includes a transmission by message or sound.
(86) "Pawnbroker" means the same as that term is defined in Section 
13-32a-102
.
(87) "Pawn transaction" means the same as that term is defined in Section 
13-32a-102
.
(88) (a) "Permanently attached to real property" means that for tangible personal
property attached to real property:
(i) the attachment of the tangible personal property to the real property:
(A) is essential to the use of the tangible personal property; and
(B) suggests that the tangible personal property will remain attached to the real
property in the same place over the useful life of the tangible personal property; or
(ii) if the tangible personal property is detached from the real property, the detachment
would:
(A) cause substantial damage to the tangible personal property; or
(B) require substantial alteration or repair of the real property to which the tangible
personal property is attached.
(b) "Permanently attached to real property" includes:
(i) the attachment of an accessory to the tangible personal property if the accessory is:
(A) essential to the operation of the tangible personal property; and
(B) attached only to facilitate the operation of the tangible personal property;
(ii) a temporary detachment of tangible personal property from real property for a
repair or renovation if the repair or renovation is performed where the tangible personal
property and real property are located; or
(iii) property attached to oil, gas, or water pipelines, except for the property listed in
Subsection (88)(c)(iii) or (iv).
(c) "Permanently attached to real property" does not include:
(i) the attachment of portable or movable tangible personal property to real property if
that portable or movable tangible personal property is attached to real property only for:
(A) convenience;
(B) stability; or
(C) for an obvious temporary purpose;
(ii) the detachment of tangible personal property from real property except for the
detachment described in Subsection (88)(b)(ii);
(iii) an attachment of the following tangible personal property to real property if the
attachment to real property is only through a line that supplies water, electricity, gas,
telecommunications, cable, or supplies a similar item as determined by the commission by rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(A) a computer;
(B) a telephone;
(C) a television; or
(D) tangible personal property similar to Subsections (88)(c)(iii)(A) through (C) as
determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; or
(iv) an item listed in Subsection (129)(c).
(89) "Person" includes any individual, firm, partnership, joint venture, association,
corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
municipality, district, or other local governmental entity of the state, or any group or
combination acting as a unit.
(90) "Place of primary use":
(a) for telecommunications service other than mobile telecommunications service,
means the street address representative of where the customer's use of the telecommunications
service primarily occurs, which shall be:
(i) the residential street address of the customer; or
(ii) the primary business street address of the customer; or
(b) for mobile telecommunications service, means the same as that term is defined in
the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
(91) (a) "Postpaid calling service" means a telecommunications service a person
obtains by making a payment on a call-by-call basis:
(i) through the use of a:
(A) bank card;
(B) credit card;
(C) debit card; or
(D) travel card; or
(ii) by a charge made to a telephone number that is not associated with the origination
or termination of the telecommunications service.
(b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
service, that would be a prepaid wireless calling service if the service were exclusively a
telecommunications service.
(92) "Postproduction" means an activity related to the finishing or duplication of a
medium described in Subsection 
59-12-104
(54)(a).
(93) "Prepaid calling service" means a telecommunications service:
(a) that allows a purchaser access to telecommunications service that is exclusively
telecommunications service;
(b) that:
(i) is paid for in advance; and
(ii) enables the origination of a call using an:
(A) access number; or
(B) authorization code;
(c) that is dialed:
(i) manually; or
(ii) electronically; and
(d) sold in predetermined units or dollars that decline:
(i) by a known amount; and
(ii) with use.
(94) "Prepaid wireless calling service" means a telecommunications service:
(a) that provides the right to utilize:
(i) mobile wireless service; and
(ii) other service that is not a telecommunications service, including:
(A) the download of a product transferred electronically;
(B) a content service; or
(C) an ancillary service;
(b) that:
(i) is paid for in advance; and
(ii) enables the origination of a call using an:
(A) access number; or
(B) authorization code;
(c) that is dialed:
(i) manually; or
(ii) electronically; and
(d) sold in predetermined units or dollars that decline:
(i) by a known amount; and
(ii) with use.
(95) (a) "Prepared food" means:
(i) food:
(A) sold in a heated state; or
(B) heated by a seller;
(ii) two or more food ingredients mixed or combined by the seller for sale as a single
item; or
(iii) except as provided in Subsection (95)(c), food sold with an eating utensil provided
by the seller, including a:
(A) plate;
(B) knife;
(C) fork;
(D) spoon;
(E) glass;
(F) cup;
(G) napkin; or
(H) straw.
(b) "Prepared food" does not include:
(i) food that a seller only:
(A) cuts;
(B) repackages; or
(C) pasteurizes; or
(ii) (A) the following:
(I) raw egg;
(II) raw fish;
(III) raw meat;
(IV) raw poultry; or
(V) a food containing an item described in Subsections (95)(b)(ii)(A)(I) through (IV);
and
(B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
Food and Drug Administration's Food Code that a consumer cook the items described in
Subsection (95)(b)(ii)(A) to prevent food borne illness; or
(iii) the following if sold without eating utensils provided by the seller:
(A) food and food ingredients sold by a seller if the seller's proper primary
classification under the 2002 North American Industry Classification System of the federal
Executive Office of the President, Office of Management and Budget, is manufacturing in
Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
Manufacturing;
(B) food and food ingredients sold in an unheated state:
(I) by weight or volume; and
(II) as a single item; or
(C) a bakery item, including:
(I) a bagel;
(II) a bar;
(III) a biscuit;
(IV) bread;
(V) a bun;
(VI) a cake;
(VII) a cookie;
(VIII) a croissant;
(IX) a danish;
(X) a donut;
(XI) a muffin;
(XII) a pastry;
(XIII) a pie;
(XIV) a roll;
(XV) a tart;
(XVI) a torte; or
(XVII) a tortilla.
(c) An eating utensil provided by the seller does not include the following used to
transport the food:
(i) a container; or
(ii) packaging.
(96) "Prescription" means an order, formula, or recipe that is issued:
(a) (i) orally;
(ii) in writing;
(iii) electronically; or
(iv) by any other manner of transmission; and
(b) by a licensed practitioner authorized by the laws of a state.
(97) (a) Except as provided in Subsection (97)(b)(ii) or (iii), "prewritten computer
software" means computer software that is not designed and developed:
(i) by the author or other creator of the computer software; and
(ii) to the specifications of a specific purchaser.
(b) "Prewritten computer software" includes:
(i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
software is not designed and developed:
(A) by the author or other creator of the computer software; and
(B) to the specifications of a specific purchaser;
(ii) computer software designed and developed by the author or other creator of the
computer software to the specifications of a specific purchaser if the computer software is sold
to a person other than the purchaser; or
(iii) except as provided in Subsection (97)(c), prewritten computer software or a
prewritten portion of prewritten computer software:
(A) that is modified or enhanced to any degree; and
(B) if the modification or enhancement described in Subsection (97)(b)(iii)(A) is
designed and developed to the specifications of a specific purchaser.
(c) "Prewritten computer software" does not include a modification or enhancement
described in Subsection (97)(b)(iii) if the charges for the modification or enhancement are:
(i) reasonable; and
(ii) subject to Subsections 
59-12-103
(2)(e)(ii) and (2)(f)(i), separately stated on the
invoice or other statement of price provided to the purchaser at the time of sale or later, as
demonstrated by:
(A) the books and records the seller keeps at the time of the transaction in the regular
course of business, including books and records the seller keeps at the time of the transaction in
the regular course of business for nontax purposes;
(B) a preponderance of the facts and circumstances at the time of the transaction; and
(C) the understanding of all of the parties to the transaction.
(98) (a) "Private communications service" means a telecommunications service:
(i) that entitles a customer to exclusive or priority use of one or more communications
channels between or among termination points; and
(ii) regardless of the manner in which the one or more communications channels are
connected.
(b) "Private communications service" includes the following provided in connection
with the use of one or more communications channels:
(i) an extension line;
(ii) a station;
(iii) switching capacity; or
(iv) another associated service that is provided in connection with the use of one or
more communications channels as defined in Section 
59-12-215
.
(99) (a) Except as provided in Subsection (99)(b), "product transferred electronically"
means a product transferred electronically that would be subject to a tax under this chapter if
that product was transferred in a manner other than electronically.
(b) "Product transferred electronically" does not include:
(i) an ancillary service;
(ii) computer software; or
(iii) a telecommunications service.
(100) (a) "Prosthetic device" means a device that is worn on or in the body to:
(i) artificially replace a missing portion of the body;
(ii) prevent or correct a physical deformity or physical malfunction; or
(iii) support a weak or deformed portion of the body.
(b) "Prosthetic device" includes:
(i) parts used in the repairs or renovation of a prosthetic device;
(ii) replacement parts for a prosthetic device;
(iii) a dental prosthesis; or
(iv) a hearing aid.
(c) "Prosthetic device" does not include:
(i) corrective eyeglasses; or
(ii) contact lenses.
(101) (a) "Protective equipment" means an item:
(i) for human wear; and
(ii) that is:
(A) designed as protection:
(I) to the wearer against injury or disease; or
(II) against damage or injury of other persons or property; and
(B) not suitable for general use.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules:
(i) listing the items that constitute "protective equipment"; and
(ii) that are consistent with the list of items that constitute "protective equipment"
under the agreement.
(102) (a) For purposes of Subsection 
59-12-104
(41), "publication" means any written
or printed matter, other than a photocopy:
(i) regardless of:
(A) characteristics;
(B) copyright;
(C) form;
(D) format;
(E) method of reproduction; or
(F) source; and
(ii) made available in printed or electronic format.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "photocopy."
(103) (a) "Purchase price" and "sales price" mean the total amount of consideration:
(i) valued in money; and
(ii) for which tangible personal property, a product transferred electronically, or
services are:
(A) sold;
(B) leased; or
(C) rented.
(b) "Purchase price" and "sales price" include:
(i) the seller's cost of the tangible personal property, a product transferred
electronically, or services sold;
(ii) expenses of the seller, including:
(A) the cost of materials used;
(B) a labor cost;
(C) a service cost;
(D) interest;
(E) a loss;
(F) the cost of transportation to the seller; or
(G) a tax imposed on the seller;
(iii) a charge by the seller for any service necessary to complete the sale; or
(iv) consideration a seller receives from a person other than the purchaser if:
(A) (I) the seller actually receives consideration from a person other than the purchaser;
and
(II) the consideration described in Subsection (103)(b)(iv)(A)(I) is directly related to a
price reduction or discount on the sale;
(B) the seller has an obligation to pass the price reduction or discount through to the
purchaser;
(C) the amount of the consideration attributable to the sale is fixed and determinable by
the seller at the time of the sale to the purchaser; and
(D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
seller to claim a price reduction or discount; and
(Bb) a person other than the seller authorizes, distributes, or grants the certificate,
coupon, or other documentation with the understanding that the person other than the seller
will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
(II) the purchaser identifies that purchaser to the seller as a member of a group or
organization allowed a price reduction or discount, except that a preferred customer card that is
available to any patron of a seller does not constitute membership in a group or organization
allowed a price reduction or discount; or
(III) the price reduction or discount is identified as a third party price reduction or
discount on the:
(Aa) invoice the purchaser receives; or
(Bb) certificate, coupon, or other documentation the purchaser presents.
(c) "Purchase price" and "sales price" do not include:
(i) a discount:
(A) in a form including:
(I) cash;
(II) term; or
(III) coupon;
(B) that is allowed by a seller;
(C) taken by a purchaser on a sale; and
(D) that is not reimbursed by a third party; or
(ii) subject to Subsections 
59-12-103
(2)(e)(ii) and (2)(f)(i), the following if separately
stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
sale or later, as demonstrated by the books and records the seller keeps at the time of the
transaction in the regular course of business, including books and records the seller keeps at the
time of the transaction in the regular course of business for nontax purposes, by a
preponderance of the facts and circumstances at the time of the transaction, and by the
understanding of all of the parties to the transaction:
(A) the following from credit extended on the sale of tangible personal property or
services:
(I) a carrying charge;
(II) a financing charge; or
(III) an interest charge;
(B) a delivery charge;
(C) an installation charge;
(D) a manufacturer rebate on a motor vehicle; or
(E) a tax or fee legally imposed directly on the consumer.
(104) "Purchaser" means a person to whom:
(a) a sale of tangible personal property is made;
(b) a product is transferred electronically; or
(c) a service is furnished.
(105) "Qualifying enterprise data center" means an establishment that will:
(a) own and operate a data center facility that will house a group of networked server
computers in one physical location in order to centralize the dissemination, management, and
storage of data and information;
(b) be located in the state;
(c) be a new operation constructed on or after July 1, 2016;
(d) consist of one or more buildings that total 150,000 or more square feet;
(e) be owned or leased by:
(i) the establishment; or
(ii) a person under common ownership, as defined in Section 
59-7-101
, of the
establishment; and
(f) be located on one or more parcels of land that are owned or leased by:
(i) the establishment; or
(ii) a person under common ownership, as defined in Section 
59-7-101
, of the
establishment.
(106) "Regularly rented" means:
(a) rented to a guest for value three or more times during a calendar year; or
(b) advertised or held out to the public as a place that is regularly rented to guests for
value.
(107) "Rental" means the same as that term is defined in Subsection (60).
(108) (a) Except as provided in Subsection (108)(b), "repairs or renovations of tangible
personal property" means:
(i) a repair or renovation of tangible personal property that is not permanently attached
to real property; or
(ii) attaching tangible personal property or a product transferred electronically to other
tangible personal property or detaching tangible personal property or a product transferred
electronically from other tangible personal property if:
(A) the other tangible personal property to which the tangible personal property or
product transferred electronically is attached or from which the tangible personal property or
product transferred electronically is detached is not permanently attached to real property; and
(B) the attachment of tangible personal property or a product transferred electronically
to other tangible personal property or detachment of tangible personal property or a product
transferred electronically from other tangible personal property is made in conjunction with a
repair or replacement of tangible personal property or a product transferred electronically.
(b) "Repairs or renovations of tangible personal property" does not include:
(i) attaching prewritten computer software to other tangible personal property if the
other tangible personal property to which the prewritten computer software is attached is not
permanently attached to real property; or
(ii) detaching prewritten computer software from other tangible personal property if the
other tangible personal property from which the prewritten computer software is detached is
not permanently attached to real property.
(109) "Research and development" means the process of inquiry or experimentation
aimed at the discovery of facts, devices, technologies, or applications and the process of
preparing those devices, technologies, or applications for marketing.
(110) (a) "Residential telecommunications services" means a telecommunications
service or an ancillary service that is provided to an individual for personal use:
(i) at a residential address; or
(ii) at an institution, including a nursing home or a school, if the telecommunications
service or ancillary service is provided to and paid for by the individual residing at the
institution rather than the institution.
(b) For purposes of Subsection (110)(a)(i), a residential address includes an:
(i) apartment; or
(ii) other individual dwelling unit.
(111) "Residential use" means the use in or around a home, apartment building,
sleeping quarters, and similar facilities or accommodations.
(112) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
than:
(a) resale;
(b) sublease; or
(c) subrent.
(113) (a) "Retailer" means any person, unless prohibited by the Constitution of the
United States or federal law, that is engaged in a regularly organized business in tangible
personal property or any other taxable transaction under Subsection 
59-12-103
(1), and [
who
]
that
 is selling to the user or consumer and not for resale.
(b) "Retailer" includes commission merchants, auctioneers, and any person regularly
engaged in the business of selling to users or consumers within the state.
(114) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
otherwise, in any manner, of tangible personal property or any other taxable transaction under
Subsection 
59-12-103
(1), for consideration.
(b) "Sale" includes:
(i) installment and credit sales;
(ii) any closed transaction constituting a sale;
(iii) any sale of electrical energy, gas, services, or entertainment taxable under this
chapter;
(iv) any transaction if the possession of property is transferred but the seller retains the
title as security for the payment of the price; and
(v) any transaction under which right to possession, operation, or use of any article of
tangible personal property is granted under a lease or contract and the transfer of possession
would be taxable if an outright sale were made.
(115) "Sale at retail" means the same as that term is defined in Subsection (112).
(116) "Sale-leaseback transaction" means a transaction by which title to tangible
personal property or a product transferred electronically that is subject to a tax under this
chapter is transferred:
(a) by a purchaser-lessee;
(b) to a lessor;
(c) for consideration; and
(d) if:
(i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
of the tangible personal property or product transferred electronically;
(ii) the sale of the tangible personal property or product transferred electronically to the
lessor is intended as a form of financing:
(A) for the tangible personal property or product transferred electronically; and
(B) to the purchaser-lessee; and
(iii) in accordance with generally accepted accounting principles, the purchaser-lessee
is required to:
(A) capitalize the tangible personal property or product transferred electronically for
financial reporting purposes; and
(B) account for the lease payments as payments made under a financing arrangement.
(117) "Sales price" means the same as that term is defined in Subsection (103).
(118) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
amounts charged by a school:
(i) sales that are directly related to the school's educational functions or activities
including:
(A) the sale of:
(I) textbooks;
(II) textbook fees;
(III) laboratory fees;
(IV) laboratory supplies; or
(V) safety equipment;
(B) the sale of a uniform, protective equipment, or sports or recreational equipment
that:
(I) a student is specifically required to wear as a condition of participation in a
school-related event or school-related activity; and
(II) is not readily adaptable to general or continued usage to the extent that it takes the
place of ordinary clothing;
(C) sales of the following if the net or gross revenues generated by the sales are
deposited into a school district fund or school fund dedicated to school meals:
(I) food and food ingredients; or
(II) prepared food; or
(D) transportation charges for official school activities; or
(ii) amounts paid to or amounts charged by a school for admission to a school-related
event or school-related activity.
(b) "Sales relating to schools" does not include:
(i) bookstore sales of items that are not educational materials or supplies;
(ii) except as provided in Subsection (118)(a)(i)(B):
(A) clothing;
(B) clothing accessories or equipment;
(C) protective equipment; or
(D) sports or recreational equipment; or
(iii) amounts paid to or amounts charged by a school for admission to a school-related
event or school-related activity if the amounts paid or charged are passed through to a person:
(A) other than a:
(I) school;
(II) nonprofit organization authorized by a school board or a governing body of a
private school to organize and direct a competitive secondary school activity; or
(III) nonprofit association authorized by a school board or a governing body of a
private school to organize and direct a competitive secondary school activity; and
(B) that is required to collect sales and use taxes under this chapter.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules defining the term "passed through."
(119) For purposes of this section and Section 
59-12-104
, "school" means:
(a) an elementary school or a secondary school that:
(i) is a:
(A) public school; or
(B) private school; and
(ii) provides instruction for one or more grades kindergarten through 12; or
(b) a public school district.
(120) (a) "Seller" means a person that makes a sale, lease, or rental of:
(i) tangible personal property;
(ii) a product transferred electronically; or
(iii) a service.
(b) "Seller" includes a marketplace facilitator.
(121) (a) "Semiconductor fabricating, processing, research, or development materials"
means tangible personal property or a product transferred electronically if the tangible personal
property or product transferred electronically is:
(i) used primarily in the process of:
(A) (I) manufacturing a semiconductor;
(II) fabricating a semiconductor; or
(III) research or development of a:
(Aa) semiconductor; or
(Bb) semiconductor manufacturing process; or
(B) maintaining an environment suitable for a semiconductor; or
(ii) consumed primarily in the process of:
(A) (I) manufacturing a semiconductor;
(II) fabricating a semiconductor; or
(III) research or development of a:
(Aa) semiconductor; or
(Bb) semiconductor manufacturing process; or
(B) maintaining an environment suitable for a semiconductor.
(b) "Semiconductor fabricating, processing, research, or development materials"
includes:
(i) parts used in the repairs or renovations of tangible personal property or a product
transferred electronically described in Subsection (121)(a); or
(ii) a chemical, catalyst, or other material used to:
(A) produce or induce in a semiconductor a:
(I) chemical change; or
(II) physical change;
(B) remove impurities from a semiconductor; or
(C) improve the marketable condition of a semiconductor.
(122) "Senior citizen center" means a facility having the primary purpose of providing
services to the aged as defined in Section 
62A-3-101
.
(123) (a) Subject to Subsections (123)(b) and (c), "short-term lodging consumable"
means tangible personal property that:
(i) a business that provides accommodations and services described in Subsection
59-12-103
(1)(i) purchases as part of a transaction to provide the accommodations and services
to a purchaser;
(ii) is intended to be consumed by the purchaser; and
(iii) is:
(A) included in the purchase price of the accommodations and services; and
(B) not separately stated on an invoice, bill of sale, or other similar document provided
to the purchaser.
(b) "Short-term lodging consumable" includes:
(i) a beverage;
(ii) a brush or comb;
(iii) a cosmetic;
(iv) a hair care product;
(v) lotion;
(vi) a magazine;
(vii) makeup;
(viii) a meal;
(ix) mouthwash;
(x) nail polish remover;
(xi) a newspaper;
(xii) a notepad;
(xiii) a pen;
(xiv) a pencil;
(xv) a razor;
(xvi) saline solution;
(xvii) a sewing kit;
(xviii) shaving cream;
(xix) a shoe shine kit;
(xx) a shower cap;
(xxi) a snack item;
(xxii) soap;
(xxiii) toilet paper;
(xxiv) a toothbrush;
(xxv) toothpaste; or
(xxvi) an item similar to Subsections (123)(b)(i) through (xxv) as the commission may
provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(c) "Short-term lodging consumable" does not include:
(i) tangible personal property that is cleaned or washed to allow the tangible personal
property to be reused; or
(ii) a product transferred electronically.
(124) "Simplified electronic return" means the electronic return:
(a) described in Section 318(C) of the agreement; and
(b) approved by the governing board of the agreement.
(125) "Solar energy" means the sun used as the sole source of energy for producing
electricity.
(126) (a) "Sports or recreational equipment" means an item:
(i) designed for human use; and
(ii) that is:
(A) worn in conjunction with:
(I) an athletic activity; or
(II) a recreational activity; and
(B) not suitable for general use.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules:
(i) listing the items that constitute "sports or recreational equipment"; and
(ii) that are consistent with the list of items that constitute "sports or recreational
equipment" under the agreement.
(127) "State" means the state of Utah, its departments, and agencies.
(128) "Storage" means any keeping or retention of tangible personal property or any
other taxable transaction under Subsection 
59-12-103
(1), in this state for any purpose except
sale in the regular course of business.
(129) (a) Except as provided in Subsection (129)(d) or (e), "tangible personal property"
means personal property that:
(i) may be:
(A) seen;
(B) weighed;
(C) measured;
(D) felt; or
(E) touched; or
(ii) is in any manner perceptible to the senses.
(b) "Tangible personal property" includes:
(i) electricity;
(ii) water;
(iii) gas;
(iv) steam; or
(v) prewritten computer software, regardless of the manner in which the prewritten
computer software is transferred.
(c) "Tangible personal property" includes the following regardless of whether the item
is attached to real property:
(i) a dishwasher;
(ii) a dryer;
(iii) a freezer;
(iv) a microwave;
(v) a refrigerator;
(vi) a stove;
(vii) a washer; or
(viii) an item similar to Subsections (129)(c)(i) through (vii) as determined by the
commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(d) "Tangible personal property" does not include a product that is transferred
electronically.
(e) "Tangible personal property" does not include the following if attached to real
property, regardless of whether the attachment to real property is only through a line that
supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i) a hot water heater;
(ii) a water filtration system; or
(iii) a water softener system.
(130) (a) "Telecommunications enabling or facilitating equipment, machinery, or
software" means an item listed in Subsection (130)(b) if that item is purchased or leased
primarily to enable or facilitate one or more of the following to function:
(i) telecommunications switching or routing equipment, machinery, or software; or
(ii) telecommunications transmission equipment, machinery, or software.
(b) The following apply to Subsection (130)(a):
(i) a pole;
(ii) software;
(iii) a supplementary power supply;
(iv) temperature or environmental equipment or machinery;
(v) test equipment;
(vi) a tower; or
(vii) equipment, machinery, or software that functions similarly to an item listed in
Subsections (130)(b)(i) through (vi) as determined by the commission by rule made in
accordance with Subsection (130)(c).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes equipment, machinery, or software that
functions similarly to an item listed in Subsections (130)(b)(i) through (vi).
(131) "Telecommunications equipment, machinery, or software required for 911
service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
Sec. 20.18.
(132) "Telecommunications maintenance or repair equipment, machinery, or software"
means equipment, machinery, or software purchased or leased primarily to maintain or repair
one or more of the following, regardless of whether the equipment, machinery, or software is
purchased or leased as a spare part or as an upgrade or modification to one or more of the
following:
(a) telecommunications enabling or facilitating equipment, machinery, or software;
(b) telecommunications switching or routing equipment, machinery, or software; or
(c) telecommunications transmission equipment, machinery, or software.
(133) (a) "Telecommunications service" means the electronic conveyance, routing, or
transmission of audio, data, video, voice, or any other information or signal to a point, or
among or between points.
(b) "Telecommunications service" includes:
(i) an electronic conveyance, routing, or transmission with respect to which a computer
processing application is used to act:
(A) on the code, form, or protocol of the content;
(B) for the purpose of electronic conveyance, routing, or transmission; and
(C) regardless of whether the service:
(I) is referred to as voice over Internet protocol service; or
(II) is classified by the Federal Communications Commission as enhanced or value
added;
(ii) an 800 service;
(iii) a 900 service;
(iv) a fixed wireless service;
(v) a mobile wireless service;
(vi) a postpaid calling service;
(vii) a prepaid calling service;
(viii) a prepaid wireless calling service; or
(ix) a private communications service.
(c) "Telecommunications service" does not include:
(i) advertising, including directory advertising;
(ii) an ancillary service;
(iii) a billing and collection service provided to a third party;
(iv) a data processing and information service if:
(A) the data processing and information service allows data to be:
(I) (Aa) acquired;
(Bb) generated;
(Cc) processed;
(Dd) retrieved; or
(Ee) stored; and
(II) delivered by an electronic transmission to a purchaser; and
(B) the purchaser's primary purpose for the underlying transaction is the processed data
or information;
(v) installation or maintenance of the following on a customer's premises:
(A) equipment; or
(B) wiring;
(vi) Internet access service;
(vii) a paging service;
(viii) a product transferred electronically, including:
(A) music;
(B) reading material;
(C) a ring tone;
(D) software; or
(E) video;
(ix) a radio and television audio and video programming service:
(A) regardless of the medium; and
(B) including:
(I) furnishing conveyance, routing, or transmission of a television audio and video
programming service by a programming service provider;
(II) cable service as defined in 47 U.S.C. Sec. 522(6); or
(III) audio and video programming services delivered by a commercial mobile radio
service provider as defined in 47 C.F.R. Sec. 20.3;
(x) a value-added nonvoice data service; or
(xi) tangible personal property.
(134) (a) "Telecommunications service provider" means a person that:
(i) owns, controls, operates, or manages a telecommunications service; and
(ii) engages in an activity described in Subsection (134)(a)(i) for the shared use with or
resale to any person of the telecommunications service.
(b) A person described in Subsection (134)(a) is a telecommunications service provider
whether or not the Public Service Commission of Utah regulates:
(i) that person; or
(ii) the telecommunications service that the person owns, controls, operates, or
manages.
(135) (a) "Telecommunications switching or routing equipment, machinery, or
software" means an item listed in Subsection (135)(b) if that item is purchased or leased
primarily for switching or routing:
(i) an ancillary service;
(ii) data communications;
(iii) voice communications; or
(iv) telecommunications service.
(b) The following apply to Subsection (135)(a):
(i) a bridge;
(ii) a computer;
(iii) a cross connect;
(iv) a modem;
(v) a multiplexer;
(vi) plug in circuitry;
(vii) a router;
(viii) software;
(ix) a switch; or
(x) equipment, machinery, or software that functions similarly to an item listed in
Subsections (135)(b)(i) through (ix) as determined by the commission by rule made in
accordance with Subsection (135)(c).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes equipment, machinery, or software that
functions similarly to an item listed in Subsections (135)(b)(i) through (ix).
(136) (a) "Telecommunications transmission equipment, machinery, or software"
means an item listed in Subsection (136)(b) if that item is purchased or leased primarily for
sending, receiving, or transporting:
(i) an ancillary service;
(ii) data communications;
(iii) voice communications; or
(iv) telecommunications service.
(b) The following apply to Subsection (136)(a):
(i) an amplifier;
(ii) a cable;
(iii) a closure;
(iv) a conduit;
(v) a controller;
(vi) a duplexer;
(vii) a filter;
(viii) an input device;
(ix) an input/output device;
(x) an insulator;
(xi) microwave machinery or equipment;
(xii) an oscillator;
(xiii) an output device;
(xiv) a pedestal;
(xv) a power converter;
(xvi) a power supply;
(xvii) a radio channel;
(xviii) a radio receiver;
(xix) a radio transmitter;
(xx) a repeater;
(xxi) software;
(xxii) a terminal;
(xxiii) a timing unit;
(xxiv) a transformer;
(xxv) a wire; or
(xxvi) equipment, machinery, or software that functions similarly to an item listed in
Subsections (136)(b)(i) through (xxv) as determined by the commission by rule made in
accordance with Subsection (136)(c).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes equipment, machinery, or software that
functions similarly to an item listed in Subsections (136)(b)(i) through (xxv).
(137) (a) "Textbook for a higher education course" means a textbook or other printed
material that is required for a course:
(i) offered by an institution of higher education; and
(ii) that the purchaser of the textbook or other printed material attends or will attend.
(b) "Textbook for a higher education course" includes a textbook in electronic format.
(138) "Tobacco" means:
(a) a cigarette;
(b) a cigar;
(c) chewing tobacco;
(d) pipe tobacco; or
(e) any other item that contains tobacco.
(139) "Unassisted amusement device" means an amusement device, skill device, or
ride device that is started and stopped by the purchaser or renter of the right to use or operate
the amusement device, skill device, or ride device.
(140) (a) "Use" means the exercise of any right or power over tangible personal
property, a product transferred electronically, or a service under Subsection 
59-12-103
(1),
incident to the ownership or the leasing of that tangible personal property, product transferred
electronically, or service.
(b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
property, a product transferred electronically, or a service in the regular course of business and
held for resale.
(141) "Value-added nonvoice data service" means a service:
(a) that otherwise meets the definition of a telecommunications service except that a
computer processing application is used to act primarily for a purpose other than conveyance,
routing, or transmission; and
(b) with respect to which a computer processing application is used to act on data or
information:
(i) code;
(ii) content;
(iii) form; or
(iv) protocol.
(142) (a) Subject to Subsection (142)(b), "vehicle" means the following that are
required to be titled, registered, or titled and registered:
(i) an aircraft as defined in Section 
72-10-102
;
(ii) a vehicle as defined in Section 
41-1a-102
;
(iii) an off-highway vehicle as defined in Section 
41-22-2
; or
(iv) a vessel as defined in Section 
41-1a-102
.
(b) For purposes of Subsection 
59-12-104
(33) only, "vehicle" includes:
(i) a vehicle described in Subsection (142)(a); or
(ii) (A) a locomotive;
(B) a freight car;
(C) railroad work equipment; or
(D) other railroad rolling stock.
(143) "Vehicle dealer" means a person engaged in the business of buying, selling, or
exchanging a vehicle as defined in Subsection (142).
(144) (a) "Vertical service" means an ancillary service that:
(i) is offered in connection with one or more telecommunications services; and
(ii) offers an advanced calling feature that allows a customer to:
(A) identify a caller; and
(B) manage multiple calls and call connections.
(b) "Vertical service" includes an ancillary service that allows a customer to manage a
conference bridging service.
(145) (a) "Voice mail service" means an ancillary service that enables a customer to
receive, send, or store a recorded message.
(b) "Voice mail service" does not include a vertical service that a customer is required
to have in order to utilize a voice mail service.
(146) (a) Except as provided in Subsection (146)(b), "waste energy facility" means a
facility that generates electricity:
(i) using as the primary source of energy waste materials that would be placed in a
landfill or refuse pit if it were not used to generate electricity, including:
(A) tires;
(B) waste coal;
(C) oil shale; or
(D) municipal solid waste; and
(ii) in amounts greater than actually required for the operation of the facility.
(b) "Waste energy facility" does not include a facility that incinerates:
(i) hospital waste as defined in 40 C.F.R. 60.51c; or
(ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
(147) "Watercraft" means a vessel as defined in Section 
73-18-2
.
(148) "Wind energy" means wind used as the sole source of energy to produce
electricity.
(149) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
location by the United States Postal Service.
Section 96. Section 
59-12-104
 is amended to read:
59-12-104.
Exemptions.
Exemptions from the taxes imposed by this chapter are as follows:
(1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
under Chapter 13, Motor and Special Fuel Tax Act;
(2) subject to Section 
59-12-104.6
, sales to the state, its institutions, and its political
subdivisions; however, this exemption does not apply to sales of:
(a) construction materials except:
(i) construction materials purchased by or on behalf of institutions of the public
education system as defined in Utah Constitution, Article X, Section 2, provided the
construction materials are clearly identified and segregated and installed or converted to real
property which is owned by institutions of the public education system; and
(ii) construction materials purchased by the state, its institutions, or its political
subdivisions which are installed or converted to real property by employees of the state, its
institutions, or its political subdivisions; or
(b) tangible personal property in connection with the construction, operation,
maintenance, repair, or replacement of a project, as defined in Section 
11-13-103
, or facilities
providing additional project capacity, as defined in Section 
11-13-103
;
(3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
(i) the proceeds of each sale do not exceed $1; and
(ii) the seller or operator of the vending machine reports an amount equal to 150% of
the cost of the item described in Subsection (3)(b) as goods consumed; and
(b) Subsection (3)(a) applies to:
(i) food and food ingredients; or
(ii) prepared food;
(4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
(i) alcoholic beverages;
(ii) food and food ingredients; or
(iii) prepared food;
(b) sales of tangible personal property or a product transferred electronically:
(i) to a passenger;
(ii) by a commercial airline carrier; and
(iii) during a flight for in-flight consumption or in-flight use by the passenger; or
(c) services related to Subsection (4)(a) or (b);
(5) (a) (i) beginning on July 1, 2008, and ending on September 30, 2008, sales of parts
and equipment:
(A) (I) by an establishment described in NAICS Code 336411 or 336412 of the 2002
North American Industry Classification System of the federal Executive Office of the
President, Office of Management and Budget; and
(II) for:
(Aa) installation in an aircraft, including services relating to the installation of parts or
equipment in the aircraft;
(Bb) renovation of an aircraft; or
(Cc) repair of an aircraft; or
(B) for installation in an aircraft operated by a common carrier in interstate or foreign
commerce; or
(ii) beginning on October 1, 2008, sales of parts and equipment for installation in an
aircraft operated by a common carrier in interstate or foreign commerce; and
(b) notwithstanding the time period of Subsection 
59-1-1410
(8) for filing for a refund,
a person may claim the exemption allowed by Subsection (5)(a)(i)(B) for a sale by filing for a
refund:
(i) if the sale is made on or after July 1, 2008, but on or before September 30, 2008;
(ii) as if Subsection (5)(a)(i)(B) were in effect on the day on which the sale is made;
(iii) if the person did not claim the exemption allowed by Subsection (5)(a)(i)(B) for
the sale prior to filing for the refund;
(iv) for sales and use taxes paid under this chapter on the sale;
(v) in accordance with Section 
59-1-1410
; and
(vi) subject to any extension allowed for filing for a refund under Section 
59-1-1410
, if
the person files for the refund on or before September 30, 2011;
(6) sales of commercials, motion picture films, prerecorded audio program tapes or
records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
exhibitor, distributor, or commercial television or radio broadcaster;
(7) (a) except as provided in Subsection (85) and subject to Subsection (7)(b), sales of
cleaning or washing of tangible personal property if the cleaning or washing of the tangible
personal property is not assisted cleaning or washing of tangible personal property;
(b) if a seller that sells at the same business location assisted cleaning or washing of
tangible personal property and cleaning or washing of tangible personal property that is not
assisted cleaning or washing of tangible personal property, the exemption described in
Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
or washing of the tangible personal property; and
(c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the commission may make rules:
(i) governing the circumstances under which sales are at the same business location;
and
(ii) establishing the procedures and requirements for a seller to separately account for
sales of assisted cleaning or washing of tangible personal property;
(8) sales made to or by religious or charitable institutions in the conduct of their regular
religious or charitable functions and activities, if the requirements of Section 
59-12-104.1
 are
fulfilled;
(9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
this state if the vehicle is:
(a) not registered in this state; and
(b) (i) not used in this state; or
(ii) used in this state:
(A) if the vehicle is not used to conduct business, for a time period that does not
exceed the longer of:
(I) 30 days in any calendar year; or
(II) the time period necessary to transport the vehicle to the borders of this state; or
(B) if the vehicle is used to conduct business, for the time period necessary to transport
the vehicle to the borders of this state;
(10) (a) amounts paid for an item described in Subsection (10)(b) if:
(i) the item is intended for human use; and
(ii) (A) a prescription was issued for the item; or
(B) the item was purchased by a hospital or other medical facility; and
(b) (i) Subsection (10)(a) applies to:
(A) a drug;
(B) a syringe; or
(C) a stoma supply; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the terms:
(A) "syringe"; or
(B) "stoma supply";
(11) purchases or leases exempt under Section 
19-12-201
;
(12) (a) sales of an item described in Subsection (12)(c) served by:
(i) the following if the item described in Subsection (12)(c) is not available to the
general public:
(A) a church; or
(B) a charitable institution; or
(ii) an institution of higher education if:
(A) the item described in Subsection (12)(c) is not available to the general public; or
(B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan
offered by the institution of higher education; or
(b) sales of an item described in Subsection (12)(c) provided for a patient by:
(i) a medical facility; or
(ii) a nursing facility; and
(c) Subsections (12)(a) and (b) apply to:
(i) food and food ingredients;
(ii) prepared food; or
(iii) alcoholic beverages;
(13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
or a product transferred electronically by a person:
(i) regardless of the number of transactions involving the sale of that tangible personal
property or product transferred electronically by that person; and
(ii) not regularly engaged in the business of selling that type of tangible personal
property or product transferred electronically;
(b) this Subsection (13) does not apply if:
(i) the sale is one of a series of sales of a character to indicate that the person is
regularly engaged in the business of selling that type of tangible personal property or product
transferred electronically;
(ii) the person holds that person out as regularly engaged in the business of selling that
type of tangible personal property or product transferred electronically;
(iii) the person sells an item of tangible personal property or product transferred
electronically that the person purchased as a sale that is exempt under Subsection (25); or
(iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
this state in which case the tax is based upon:
(A) the bill of sale or other written evidence of value of the vehicle or vessel being
sold; or
(B) in the absence of a bill of sale or other written evidence of value, the fair market
value of the vehicle or vessel being sold at the time of the sale as determined by the
commission; and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules establishing the circumstances under which:
(i) a person is regularly engaged in the business of selling a type of tangible personal
property or product transferred electronically;
(ii) a sale of tangible personal property or a product transferred electronically is one of
a series of sales of a character to indicate that a person is regularly engaged in the business of
selling that type of tangible personal property or product transferred electronically; or
(iii) a person holds that person out as regularly engaged in the business of selling a type
of tangible personal property or product transferred electronically;
(14) amounts paid or charged for a purchase or lease of machinery, equipment, normal
operating repair or replacement parts, or materials, except for office equipment or office
supplies, by:
(a) a manufacturing facility that:
(i) is located in the state; and
(ii) uses or consumes the machinery, equipment, normal operating repair or
replacement parts, or materials:
(A) in the manufacturing process to manufacture an item sold as tangible personal
property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act; or
(B) for a scrap recycler, to process an item sold as tangible personal property, as the
commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(b) an establishment, as the commission defines that term in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the
2002 North American Industry Classification System of the federal Executive Office of the
President, Office of Management and Budget;
(ii) is located in the state; and
(iii) uses or consumes the machinery, equipment, normal operating repair or
replacement parts, or materials in:
(A) the production process to produce an item sold as tangible personal property, as the
commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(B) research and development, as the commission may define that phrase in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(C) transporting, storing, or managing tailings, overburden, or similar waste materials
produced from mining;
(D) developing or maintaining a road, tunnel, excavation, or similar feature used in
mining; or
(E) preventing, controlling, or reducing dust or other pollutants from mining; or
(c) an establishment, as the commission defines that term in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that:
(i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
American Industry Classification System of the federal Executive Office of the President,
Office of Management and Budget;
(ii) is located in the state; and
(iii) uses or consumes the machinery, equipment, normal operating repair or
replacement parts, or materials in the operation of the web search portal;
(15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
(i) tooling;
(ii) special tooling;
(iii) support equipment;
(iv) special test equipment; or
(v) parts used in the repairs or renovations of tooling or equipment described in
Subsections (15)(a)(i) through (iv); and
(b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
(i) the tooling, equipment, or parts are used or consumed exclusively in the
performance of any aerospace or electronics industry contract with the United States
government or any subcontract under that contract; and
(ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
title to the tooling, equipment, or parts is vested in the United States government as evidenced
by:
(A) a government identification tag placed on the tooling, equipment, or parts; or
(B) listing on a government-approved property record if placing a government
identification tag on the tooling, equipment, or parts is impractical;
(16) sales of newspapers or newspaper subscriptions;
(17) (a) except as provided in Subsection (17)(b), tangible personal property or a
product transferred electronically traded in as full or part payment of the purchase price, except
that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
trade-ins are limited to other vehicles only, and the tax is based upon:
(i) the bill of sale or other written evidence of value of the vehicle being sold and the
vehicle being traded in; or
(ii) in the absence of a bill of sale or other written evidence of value, the then existing
fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
commission; and
(b) Subsection (17)(a) does not apply to the following items of tangible personal
property or products transferred electronically traded in as full or part payment of the purchase
price:
(i) money;
(ii) electricity;
(iii) water;
(iv) gas; or
(v) steam;
(18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
or a product transferred electronically used or consumed primarily and directly in farming
operations, regardless of whether the tangible personal property or product transferred
electronically:
(A) becomes part of real estate; or
(B) is installed by a:
(I) farmer;
(II) contractor; or
(III) subcontractor; or
(ii) sales of parts used in the repairs or renovations of tangible personal property or a
product transferred electronically if the tangible personal property or product transferred
electronically is exempt under Subsection (18)(a)(i); and
(b) amounts paid or charged for the following are subject to the taxes imposed by this
chapter:
(i) (A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or
supplies if used in a manner that is incidental to farming; and
(B) tangible personal property that is considered to be used in a manner that is
incidental to farming includes:
(I) hand tools; or
(II) maintenance and janitorial equipment and supplies;
(ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
transferred electronically if the tangible personal property or product transferred electronically
is used in an activity other than farming; and
(B) tangible personal property or a product transferred electronically that is considered
to be used in an activity other than farming includes:
(I) office equipment and supplies; or
(II) equipment and supplies used in:
(Aa) the sale or distribution of farm products;
(Bb) research; or
(Cc) transportation; or
(iii) a vehicle required to be registered by the laws of this state during the period
ending two years after the date of the vehicle's purchase;
(19) sales of hay;
(20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
garden, farm, or other agricultural produce is sold by:
(a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
agricultural produce;
(b) an employee of the producer described in Subsection (20)(a); or
(c) a member of the immediate family of the producer described in Subsection (20)(a);
(21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
(22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
wholesaler, or retailer for use in packaging tangible personal property to be sold by that
manufacturer, processor, wholesaler, or retailer;
(23) a product stored in the state for resale;
(24) (a) purchases of a product if:
(i) the product is:
(A) purchased outside of this state;
(B) brought into this state:
(I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
(II) by a nonresident person who is not living or working in this state at the time of the
purchase;
(C) used for the personal use or enjoyment of the nonresident person described in
Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
(D) not used in conducting business in this state; and
(ii) for:
(A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
the product for a purpose for which the product is designed occurs outside of this state;
(B) a boat, the boat is registered outside of this state; or
(C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
outside of this state;
(b) the exemption provided for in Subsection (24)(a) does not apply to:
(i) a lease or rental of a product; or
(ii) a sale of a vehicle exempt under Subsection (33); and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
purposes of Subsection (24)(a), the commission may by rule define what constitutes the
following:
(i) conducting business in this state if that phrase has the same meaning in this
Subsection (24) as in Subsection (63);
(ii) the first use of a product if that phrase has the same meaning in this Subsection (24)
as in Subsection (63); or
(iii) a purpose for which a product is designed if that phrase has the same meaning in
this Subsection (24) as in Subsection (63);
(25) a product purchased for resale in the regular course of business, either in its
original form or as an ingredient or component part of a manufactured or compounded product;
(26) a product upon which a sales or use tax was paid to some other state, or one of its
subdivisions, except that the state shall be paid any difference between the tax paid and the tax
imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
Act;
(27) any sale of a service described in Subsections 
59-12-103
(1)(b), (c), and (d) to a
person for use in compounding a service taxable under the subsections;
(28) purchases made in accordance with the special supplemental nutrition program for
women, infants, and children established in 42 U.S.C. Sec. 1786;
(29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
the President, Office of Management and Budget;
(30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
(a) not registered in this state; and
(b) (i) not used in this state; or
(ii) used in this state:
(A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
time period that does not exceed the longer of:
(I) 30 days in any calendar year; or
(II) the time period necessary to transport the boat, boat trailer, or outboard motor to
the borders of this state; or
(B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
state;
(31) sales of aircraft manufactured in Utah;
(32) amounts paid for the purchase of telecommunications service for purposes of
providing telecommunications service;
(33) sales, leases, or uses of the following:
(a) a vehicle by an authorized carrier; or
(b) tangible personal property that is installed on a vehicle:
(i) sold or leased to or used by an authorized carrier; and
(ii) before the vehicle is placed in service for the first time;
(34) (a) 45% of the sales price of any new manufactured home; and
(b) 100% of the sales price of any used manufactured home;
(35) sales relating to schools and fundraising sales;
(36) sales or rentals of durable medical equipment if:
(a) a person presents a prescription for the durable medical equipment; and
(b) the durable medical equipment is used for home use only;
(37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
Section 
72-11-102
; and
(b) the commission shall by rule determine the method for calculating sales exempt
under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
(38) sales to a ski resort of:
(a) snowmaking equipment;
(b) ski slope grooming equipment;
(c) passenger ropeways as defined in Section 
72-11-102
; or
(d) parts used in the repairs or renovations of equipment or passenger ropeways
described in Subsections (38)(a) through (c);
(39) sales of natural gas, electricity, heat, coal, fuel oil, or other fuels for industrial use;
(40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
amusement, entertainment, or recreation an unassisted amusement device as defined in Section
59-12-102
;
(b) if a seller that sells or rents at the same business location the right to use or operate
for amusement, entertainment, or recreation one or more unassisted amusement devices and
one or more assisted amusement devices, the exemption described in Subsection (40)(a)
applies if the seller separately accounts for the sales or rentals of the right to use or operate for
amusement, entertainment, or recreation for the assisted amusement devices; and
(c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the commission may make rules:
(i) governing the circumstances under which sales are at the same business location;
and
(ii) establishing the procedures and requirements for a seller to separately account for
the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
assisted amusement devices;
(41) (a) sales of photocopies by:
(i) a governmental entity; or
(ii) an entity within the state system of public education, including:
(A) a school; or
(B) the State Board of Education; or
(b) sales of publications by a governmental entity;
(42) amounts paid for admission to an athletic event at an institution of higher
education that is subject to the provisions of Title IX of the Education Amendments of 1972,
20 U.S.C. Sec. 1681 et seq.;
(43) (a) sales made to or by:
(i) an area agency on aging; or
(ii) a senior citizen center owned by a county, city, or town; or
(b) sales made by a senior citizen center that contracts with an area agency on aging;
(44) sales or leases of semiconductor fabricating, processing, research, or development
materials regardless of whether the semiconductor fabricating, processing, research, or
development materials:
(a) actually come into contact with a semiconductor; or
(b) ultimately become incorporated into real property;
(45) an amount paid by or charged to a purchaser for accommodations and services
described in Subsection 
59-12-103
(1)(i) to the extent the amount is exempt under Section
59-12-104.2
;
(46) beginning on September 1, 2001, the lease or use of a vehicle issued a temporary
sports event registration certificate in accordance with Section 
41-3-306
 for the event period
specified on the temporary sports event registration certificate;
(47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
adopted by the Public Service Commission only for purchase of electricity produced from a
new alternative energy source built after January 1, 2016, as designated in the tariff by the
Public Service Commission; and
(b) for a residential use customer only, the exemption under Subsection (47)(a) applies
only to the portion of the tariff rate a customer pays under the tariff described in Subsection
(47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
customer would have paid absent the tariff;
(48) sales or rentals of mobility enhancing equipment if a person presents a
prescription for the mobility enhancing equipment;
(49) sales of water in a:
(a) pipe;
(b) conduit;
(c) ditch; or
(d) reservoir;
(50) sales of currency or coins that constitute legal tender of a state, the United States,
or a foreign nation;
(51) (a) sales of an item described in Subsection (51)(b) if the item:
(i) does not constitute legal tender of a state, the United States, or a foreign nation; and
(ii) has a gold, silver, or platinum content of 50% or more; and
(b) Subsection (51)(a) applies to a gold, silver, or platinum:
(i) ingot;
(ii) bar;
(iii) medallion; or
(iv) decorative coin;
(52) amounts paid on a sale-leaseback transaction;
(53) sales of a prosthetic device:
(a) for use on or in a human; and
(b) (i) for which a prescription is required; or
(ii) if the prosthetic device is purchased by a hospital or other medical facility;
(54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of
machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
or equipment is primarily used in the production or postproduction of the following media for
commercial distribution:
(i) a motion picture;
(ii) a television program;
(iii) a movie made for television;
(iv) a music video;
(v) a commercial;
(vi) a documentary; or
(vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
commission by administrative rule made in accordance with Subsection (54)(d); or
(b) purchases, leases, or rentals of machinery or equipment by an establishment
described in Subsection (54)(c) that is used for the production or postproduction of the
following are subject to the taxes imposed by this chapter:
(i) a live musical performance;
(ii) a live news program; or
(iii) a live sporting event;
(c) the following establishments listed in the 1997 North American Industry
Classification System of the federal Executive Office of the President, Office of Management
and Budget, apply to Subsections (54)(a) and (b):
(i) NAICS Code 512110; or
(ii) NAICS Code 51219; and
(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule:
(i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
or
(ii) define:
(A) "commercial distribution";
(B) "live musical performance";
(C) "live news program"; or
(D) "live sporting event";
(55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
on or before June 30, 2027, of tangible personal property that:
(i) is leased or purchased for or by a facility that:
(A) is an alternative energy electricity production facility;
(B) is located in the state; and
(C) (I) becomes operational on or after July 1, 2004; or
(II) has its generation capacity increased by one or more megawatts on or after July 1,
2004, as a result of the use of the tangible personal property;
(ii) has an economic life of five or more years; and
(iii) is used to make the facility or the increase in capacity of the facility described in
Subsection (55)(a)(i) operational up to the point of interconnection with an existing
transmission grid including:
(A) a wind turbine;
(B) generating equipment;
(C) a control and monitoring system;
(D) a power line;
(E) substation equipment;
(F) lighting;
(G) fencing;
(H) pipes; or
(I) other equipment used for locating a power line or pole; and
(b) this Subsection (55) does not apply to:
(i) tangible personal property used in construction of:
(A) a new alternative energy electricity production facility; or
(B) the increase in the capacity of an alternative energy electricity production facility;
(ii) contracted services required for construction and routine maintenance activities;
and
(iii) unless the tangible personal property is used or acquired for an increase in capacity
of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or
acquired after:
(A) the alternative energy electricity production facility described in Subsection
(55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
(B) the increased capacity described in Subsection (55)(a)(i) is operational as described
in Subsection (55)(a)(iii);
(56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
on or before June 30, 2027, of tangible personal property that:
(i) is leased or purchased for or by a facility that:
(A) is a waste energy production facility;
(B) is located in the state; and
(C) (I) becomes operational on or after July 1, 2004; or
(II) has its generation capacity increased by one or more megawatts on or after July 1,
2004, as a result of the use of the tangible personal property;
(ii) has an economic life of five or more years; and
(iii) is used to make the facility or the increase in capacity of the facility described in
Subsection (56)(a)(i) operational up to the point of interconnection with an existing
transmission grid including:
(A) generating equipment;
(B) a control and monitoring system;
(C) a power line;
(D) substation equipment;
(E) lighting;
(F) fencing;
(G) pipes; or
(H) other equipment used for locating a power line or pole; and
(b) this Subsection (56) does not apply to:
(i) tangible personal property used in construction of:
(A) a new waste energy facility; or
(B) the increase in the capacity of a waste energy facility;
(ii) contracted services required for construction and routine maintenance activities;
and
(iii) unless the tangible personal property is used or acquired for an increase in capacity
described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:
(A) the waste energy facility described in Subsection (56)(a)(i) is operational as
described in Subsection (56)(a)(iii); or
(B) the increased capacity described in Subsection (56)(a)(i) is operational as described
in Subsection (56)(a)(iii);
(57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
or before June 30, 2027, of tangible personal property that:
(i) is leased or purchased for or by a facility that:
(A) is located in the state;
(B) produces fuel from alternative energy, including:
(I) methanol; or
(II) ethanol; and
(C) (I) becomes operational on or after July 1, 2004; or
(II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
a result of the installation of the tangible personal property;
(ii) has an economic life of five or more years; and
(iii) is installed on the facility described in Subsection (57)(a)(i);
(b) this Subsection (57) does not apply to:
(i) tangible personal property used in construction of:
(A) a new facility described in Subsection (57)(a)(i); or
(B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
(ii) contracted services required for construction and routine maintenance activities;
and
(iii) unless the tangible personal property is used or acquired for an increase in capacity
described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
(A) the facility described in Subsection (57)(a)(i) is operational; or
(B) the increased capacity described in Subsection (57)(a)(i) is operational;
(58) (a) subject to Subsection (58)(b) or (c), sales of tangible personal property or a
product transferred electronically to a person within this state if that tangible personal property
or product transferred electronically is subsequently shipped outside the state and incorporated
pursuant to contract into and becomes a part of real property located outside of this state;
(b) the exemption under Subsection (58)(a) is not allowed to the extent that the other
state or political entity to which the tangible personal property is shipped imposes a sales, use,
gross receipts, or other similar transaction excise tax on the transaction against which the other
state or political entity allows a credit for sales and use taxes imposed by this chapter; and
(c) notwithstanding the time period of Subsection 
59-1-1410
(8) for filing for a refund,
a person may claim the exemption allowed by this Subsection (58) for a sale by filing for a
refund:
(i) if the sale is made on or after July 1, 2004, but on or before June 30, 2008;
(ii) as if this Subsection (58) as in effect on July 1, 2008, were in effect on the day on
which the sale is made;
(iii) if the person did not claim the exemption allowed by this Subsection (58) for the
sale prior to filing for the refund;
(iv) for sales and use taxes paid under this chapter on the sale;
(v) in accordance with Section 
59-1-1410
; and
(vi) subject to any extension allowed for filing for a refund under Section 
59-1-1410
, if
the person files for the refund on or before June 30, 2011;
(59) purchases:
(a) of one or more of the following items in printed or electronic format:
(i) a list containing information that includes one or more:
(A) names; or
(B) addresses; or
(ii) a database containing information that includes one or more:
(A) names; or
(B) addresses; and
(b) used to send direct mail;
(60) redemptions or repurchases of a product by a person if that product was:
(a) delivered to a pawnbroker as part of a pawn transaction; and
(b) redeemed or repurchased within the time period established in a written agreement
between the person and the pawnbroker for redeeming or repurchasing the product;
(61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:
(i) is purchased or leased by, or on behalf of, a telecommunications service provider;
and
(ii) has a useful economic life of one or more years; and
(b) the following apply to Subsection (61)(a):
(i) telecommunications enabling or facilitating equipment, machinery, or software;
(ii) telecommunications equipment, machinery, or software required for 911 service;
(iii) telecommunications maintenance or repair equipment, machinery, or software;
(iv) telecommunications switching or routing equipment, machinery, or software; or
(v) telecommunications transmission equipment, machinery, or software;
(62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible
personal property or a product transferred electronically that are used in the research and
development of alternative energy technology; and
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
purchases of tangible personal property or a product transferred electronically that are used in
the research and development of alternative energy technology;
(63) (a) purchases of tangible personal property or a product transferred electronically
if:
(i) the tangible personal property or product transferred electronically is:
(A) purchased outside of this state;
(B) brought into this state at any time after the purchase described in Subsection
(63)(a)(i)(A); and
(C) used in conducting business in this state; and
(ii) for:
(A) tangible personal property or a product transferred electronically other than the
tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
for a purpose for which the property is designed occurs outside of this state; or
(B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
outside of this state;
(b) the exemption provided for in Subsection (63)(a) does not apply to:
(i) a lease or rental of tangible personal property or a product transferred electronically;
or
(ii) a sale of a vehicle exempt under Subsection (33); and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
purposes of Subsection (63)(a), the commission may by rule define what constitutes the
following:
(i) conducting business in this state if that phrase has the same meaning in this
Subsection (63) as in Subsection (24);
(ii) the first use of tangible personal property or a product transferred electronically if
that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
(iii) a purpose for which tangible personal property or a product transferred
electronically is designed if that phrase has the same meaning in this Subsection (63) as in
Subsection (24);
(64) sales of disposable home medical equipment or supplies if:
(a) a person presents a prescription for the disposable home medical equipment or
supplies;
(b) the disposable home medical equipment or supplies are used exclusively by the
person to whom the prescription described in Subsection (64)(a) is issued; and
(c) the disposable home medical equipment and supplies are listed as eligible for
payment under:
(i) Title XVIII, federal Social Security Act; or
(ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
(65) sales:
(a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
District Act; or
(b) of tangible personal property to a subcontractor of a public transit district, if the
tangible personal property is:
(i) clearly identified; and
(ii) installed or converted to real property owned by the public transit district;
(66) sales of construction materials:
(a) purchased on or after July 1, 2010;
(b) purchased by, on behalf of, or for the benefit of an international airport:
(i) located within a county of the first class; and
(ii) that has a United States customs office on its premises; and
(c) if the construction materials are:
(i) clearly identified;
(ii) segregated; and
(iii) installed or converted to real property:
(A) owned or operated by the international airport described in Subsection (66)(b); and
(B) located at the international airport described in Subsection (66)(b);
(67) sales of construction materials:
(a) purchased on or after July 1, 2008;
(b) purchased by, on behalf of, or for the benefit of a new airport:
(i) located within a county of the second class; and
(ii) that is owned or operated by a city in which an airline as defined in Section
59-2-102
 is headquartered; and
(c) if the construction materials are:
(i) clearly identified;
(ii) segregated; and
(iii) installed or converted to real property:
(A) owned or operated by the new airport described in Subsection (67)(b);
(B) located at the new airport described in Subsection (67)(b); and
(C) as part of the construction of the new airport described in Subsection (67)(b);
(68) sales of fuel to a common carrier that is a railroad for use in a locomotive engine;
(69) purchases and sales described in Section 
63H-4-111
;
(70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
lists a state or country other than this state as the location of registry of the fixed wing turbine
powered aircraft; or
(b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
lists a state or country other than this state as the location of registry of the fixed wing turbine
powered aircraft;
(71) subject to Section 
59-12-104.4
, sales of a textbook for a higher education course:
(a) to a person admitted to an institution of higher education; and
(b) by a seller, other than a bookstore owned by an institution of higher education, if
51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
textbook for a higher education course;
(72) a license fee or tax a municipality imposes in accordance with Subsection
10-1-203
(5) on a purchaser from a business for which the municipality provides an enhanced
level of municipal services;
(73) amounts paid or charged for construction materials used in the construction of a
new or expanding life science research and development facility in the state, if the construction
materials are:
(a) clearly identified;
(b) segregated; and
(c) installed or converted to real property;
(74) amounts paid or charged for:
(a) a purchase or lease of machinery and equipment that:
(i) are used in performing qualified research:
(A) as defined in Section 41(d), Internal Revenue Code; and
(B) in the state; and
(ii) have an economic life of three or more years; and
(b) normal operating repair or replacement parts:
(i) for the machinery and equipment described in Subsection (74)(a); and
(ii) that have an economic life of three or more years;
(75) a sale or lease of tangible personal property used in the preparation of prepared
food if:
(a) for a sale:
(i) the ownership of the seller and the ownership of the purchaser are identical; and
(ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
tangible personal property prior to making the sale; or
(b) for a lease:
(i) the ownership of the lessor and the ownership of the lessee are identical; and
(ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible
personal property prior to making the lease;
(76) (a) purchases of machinery or equipment if:
(i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
Gambling, and Recreation Industries, of the 2012 North American Industry Classification
System of the federal Executive Office of the President, Office of Management and Budget;
(ii) the machinery or equipment:
(A) has an economic life of three or more years; and
(B) is used by one or more persons who pay admission or user fees described in
Subsection 
59-12-103
(1)(f) to the purchaser of the machinery and equipment; and
(iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
(A) amounts paid or charged as admission or user fees described in Subsection
59-12-103
(1)(f); and
(B) subject to taxation under this chapter; and
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules for verifying that 51% of a purchaser's sales revenue for the
previous calendar quarter is:
(i) amounts paid or charged as admission or user fees described in Subsection
59-12-103
(1)(f); and
(ii) subject to taxation under this chapter;
(77) purchases of a short-term lodging consumable by a business that provides
accommodations and services described in Subsection 
59-12-103
(1)(i);
(78) amounts paid or charged to access a database:
(a) if the primary purpose for accessing the database is to view or retrieve information
from the database; and
(b) not including amounts paid or charged for a:
(i) digital [
audiowork
] 
audio work
;
(ii) digital audio-visual work; or
(iii) digital book;
(79) amounts paid or charged for a purchase or lease made by an electronic financial
payment service, of:
(a) machinery and equipment that:
(i) are used in the operation of the electronic financial payment service; and
(ii) have an economic life of three or more years; and
(b) normal operating repair or replacement parts that:
(i) are used in the operation of the electronic financial payment service; and
(ii) have an economic life of three or more years;
(80) beginning on April 1, 2013, sales of a fuel cell as defined in Section 
54-15-102
;
(81) amounts paid or charged for a purchase or lease of tangible personal property or a
product transferred electronically if the tangible personal property or product transferred
electronically:
(a) is stored, used, or consumed in the state; and
(b) is temporarily brought into the state from another state:
(i) during a disaster period as defined in Section 
53-2a-1202
;
(ii) by an out-of-state business as defined in Section 
53-2a-1202
;
(iii) for a declared state disaster or emergency as defined in Section 
53-2a-1202
; and
(iv) for disaster- or emergency-related work as defined in Section 
53-2a-1202
;
(82) sales of goods and services at a morale, welfare, and recreation facility, as defined
in Section 
39-9-102
, made pursuant to Title 39, Chapter 9, State Morale, Welfare, and
Recreation Program;
(83) amounts paid or charged for a purchase or lease of molten magnesium;
(84) amounts paid or charged for a purchase or lease made by a qualifying enterprise
data center of machinery, equipment, or normal operating repair or replacement parts, if the
machinery, equipment, or normal operating repair or replacement parts:
(a) are used in the operation of the establishment; and
(b) have an economic life of one or more years;
(85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
vehicle that includes cleaning or washing of the interior of the vehicle;
(86) amounts paid or charged for a purchase or lease of machinery, equipment, normal
operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used
or consumed:
(a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined
in Section 
63M-4-701
 located in the state;
(b) if the machinery, equipment, normal operating repair or replacement parts,
catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
(i) the production process to produce gasoline or diesel fuel, or at which blendstock is
added to gasoline or diesel fuel;
(ii) research and development;
(iii) transporting, storing, or managing raw materials, work in process, finished
products, and waste materials produced from refining gasoline or diesel fuel, or adding
blendstock to gasoline or diesel fuel;
(iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
refining; or
(v) preventing, controlling, or reducing pollutants from refining; and
(c) beginning on July 1, 2021, if the person has obtained a form certified by the Office
of Energy Development under Subsection 
63M-4-702
(2);
(87) amounts paid to or charged by a proprietor for accommodations and services, as
defined in Section 
63H-1-205
, if the proprietor is subject to the MIDA accommodations tax
imposed under Section 
63H-1-205
;
(88) amounts paid or charged for a purchase or lease of machinery, equipment, normal
operating repair or replacement parts, or materials, except for office equipment or office
supplies, by an establishment, as the commission defines that term in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North
American Industry Classification System of the federal Executive Office of the President,
Office of Management and Budget;
(b) is located in this state; and
(c) uses the machinery, equipment, normal operating repair or replacement parts, or
materials in the operation of the establishment; and
(89) amounts paid or charged for an item exempt under Section 
59-12-104.10
.
Section 97. Section 
59-26-104
 is amended to read:
59-26-104.
Collection of tax.
A multi-channel video or audio service provider shall:
(1) collect the tax imposed by Section 
59-26-103
 from the purchaser;
(2) pay the tax collected under Subsection (1) to the commission:
(a) monthly on or before the last day of the month immediately following the last day
of the previous month if:
(i) the multi-channel video or audio service provider is required to file a sales and use
tax return with the commission monthly under Section 
59-12-108
; or
(ii) the multi-channel video or audio service provider is not required to file a sales and
use tax return under Chapter 12, Sales and Use Tax Act; or
(b) quarterly on or before the last day of the month immediately following the last day
of the previous quarter if the multi-channel video or audio service provider is required to file a
sales and use tax return with the commission quarterly under Section [
59-12-108
] 
59-12-107
;
and
(3) pay the tax collected under Subsection (1) using a form prescribed by the
commission.
Section 98. Section 
62A-4a-202.9
 is amended to read:
62A-4a-202.9.
Child protection unit pilot program.
(1) The division shall establish and operate, as funding allows, a child protection unit
pilot program in up to three areas of the state where a local government has established a child
protection unit.
(2) The child protection unit pilot program is established to improve communications
between a child protection unit and the division in the division's management of child welfare
matters and to strengthen the state's child welfare system.
(3) The pilot program may include:
(a) involving a child protection unit in the child protection team during the division's
investigation when a child is taken into protective custody, as described in Section
62A-4a-202.3
;
(b) involving a child protection unit in the child protection team meetings, as described
in Section 
62A-4a-202.8
;
(c) involving a child protection unit in the division's protective, diagnostic, assessment,
treatment, and coordination services, as described in Section 
62A-4a-409
; or
(d) receiving referrals, reports, or other information from a child protection unit about a
child protection unit's investigations of cases that may involve abuse, neglect, or dependency of
a child.
(4) The division shall consult with a child protection unit before the division closes a
mutual case.
(5) The child protection unit shall notify the division if the child protection unit closes
an investigation related to a mutual case.
(6) The division and the child protection unit shall coordinate on mutual cases at least
once every month.
(7) Subject to Section 
62A-4a-412
, while in meetings or while coordinating with the
child protection unit about a mutual case, the division shall grant the child protection unit
access to the division's information or records on the mutual case.
(8) A child protection unit may share case-specific information obtained from the
division with members of a multidisciplinary team that is:
(a) assembled by the child protection unit for a particular case;
(b) assembled when a case demonstrates:
(i) the likelihood of severe child abuse or neglect; or
(ii) a high risk of repetition as evidenced by previous involvements with law
enforcement;
(c) assembled for the purpose of information sharing and identification of resources,
services, or actions that are in the best interest of the child or the child's family; and
(d) composed of:
(i) a victim advocate;
(ii) a therapist;
(iii) a representative of the child's school district; or
(iv) another individual that the child protection unit designates as valuable to provide
necessary services to the child or the family of the child.
(9) The division and the child protection unit shall collect data on the effectiveness of
the pilot program in strengthening the state's child welfare system and shall report the data to
the Child Welfare Legislative Oversight [
Committee
] 
Panel
 on or before November 30 of each
year that the pilot program is in effect.
Section 99. Section 
63A-5-225
 is amended to read:
63A-5-225.
Development of new correctional facilities.
(1) As used in this section:
(a) "Committee" means the Legislative Management Committee created in Section
36-12-6
.
(b) "New correctional facilities" means a new prison and related facilities to be
constructed to replace the state prison located in Draper.
(c) "Prison project" means all aspects of a project for the design and construction of
new correctional facilities on the selected site, including:
(i) the acquisition of land, interests in land, easements, or rights-of-way;
(ii) site improvement; and
(iii) the acquisition, construction, equipping, or furnishing of facilities, structures,
infrastructure, roads, parking facilities, utilities, and improvements, whether on or off the
selected site, that are necessary, incidental, or convenient to the development of new
correctional facilities on the selected site.
(d) "Selected site" means the site selected [
under Subsection 
63C-15-203
(2)
] as the site
for new correctional facilities.
(2) In consultation with the committee, the division shall oversee the prison project, as
provided in this section.
(3) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and this
section, the division shall:
(i) enter into contracts with persons providing professional and construction services
for the prison project;
(ii) provide reports to the committee regarding the prison project, as requested by the
commission; and
(iii) consider input from the committee on the prison project, subject to Subsection
(3)(b).
(b) The division may not consult with or receive input from the committee regarding:
(i) the evaluation of proposals from persons seeking to provide professional and
construction services for the prison project; or
(ii) the selection of persons to provide professional and construction services for the
prison project.
(c) A contract with a project manager or person with a comparable position on the
prison project shall include a provision that requires the project manager or other person to
provide reports to the committee regarding the prison project, as requested by the committee.
(4) All contracts associated with the design or construction of new correctional
facilities shall be awarded and managed by the division in accordance with Title 63G, Chapter
6a, Utah Procurement Code, and this section.
(5) The division shall coordinate with the Department of Corrections, created in
Section 
64-13-2
, and the State Commission on Criminal and Juvenile Justice, created in
Section 
63M-7-201
, during the prison project to help ensure that the design and construction of
new correctional facilities are conducive to and consistent with, and help to implement any
reforms of or changes to, the state's corrections system and corrections programs.
(6) (a) There is created within the General Fund a restricted account known as the
"Prison Development Restricted Account."
(b) The account created in Subsection (6)(a) is funded by legislative appropriations.
(c) (i) The account shall earn interest or other earnings.
(ii) The Division of Finance shall deposit interest or other earnings derived from the
investment of account funds into the account.
(d) Upon appropriation from the Legislature, money from the account shall be used to
fund the Prison Project Fund created in Subsection (7).
(7) (a) There is created a capital projects fund known as the "Prison Project Fund."
(b) The fund consists of:
(i) money appropriated to the fund by the Legislature; and
(ii) proceeds from the issuance of bonds authorized in Section 
63B-25-101
 to provide
funding for the prison project.
(c) (i) The fund shall earn interest or other earnings.
(ii) The Division of Finance shall deposit interest or other earnings derived from the
investment of fund money into the fund.
(d) Money in the fund shall be used by the division to fund the prison project.
Section 100. Section 
63F-2-102
 is amended to read:
63F-2-102.
Data Security Management Council -- Membership -- Duties.
(1) There is created the Data Security Management Council composed of nine
members as follows:
(a) the chief information officer appointed under Section 
63F-1-201
, or the chief
information officer's designee;
(b) one individual appointed by the governor;
(c) one individual appointed by the speaker of the House of Representatives and the
president of the Senate [
from the Legislative Information Technology Steering Committee
];
and
(d) the highest ranking information technology official, or the highest ranking
information technology official's designee, from each of:
(i) the Judicial Council;
(ii) the State Board of Regents;
(iii) the State Board of Education;
(iv) the Utah System of Technical Colleges Board of Trustees;
(v) the State Tax Commission; and
(vi) the Office of the Attorney General.
(2) The council shall elect a chair of the council by majority vote.
(3) (a) A majority of the members of the council constitutes a quorum.
(b) Action by a majority of a quorum of the council constitutes an action of the council.
(4) The Department of Technology Services shall provide staff to the council.
(5) The council shall meet quarterly, or as often as necessary, to:
(a) review existing state government data security policies;
(b) assess ongoing risks to state government information technology;
(c) create a method to notify state and local government entities of new risks;
(d) coordinate data breach simulation exercises with state and local government
entities; and
(e) develop data security best practice recommendations for state government that
include recommendations regarding:
(i) hiring and training a chief information security officer for each government entity;
(ii) continuous risk monitoring;
(iii) password management;
(iv) using the latest technology to identify and respond to vulnerabilities;
(v) protecting data in new and old systems; and
(vi) best procurement practices.
(6) A member who is not a member of the Legislature may not receive compensation
or benefits for the member's service but may receive per diem and travel expenses as provided
in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
Section 101. Section 
63G-1-401
 is amended to read:
63G-1-401.
Commemorative periods.
(1) The following days shall be commemorated annually:
(a) Utah History Day at the Capitol, on the Friday immediately following the fourth
Monday in January, to encourage citizens of the state, including students, to participate in
activities that recognize Utah's history;
(b) Utah State Flag Day, on March 9;
(c) Vietnam Veterans Recognition Day, on March 29;
(d) Utah Railroad Workers Day, on May 10;
(e) Dandy-Walker Syndrome Awareness Day, on May 11;
(f) Yellow Ribbon Day, on the third Monday in May, in honor of men and women who
are serving or have served in the United States Armed Forces around the world in defense of
freedom;
(g) Juneteenth Freedom Day, on the third Saturday in June, in honor of Union General
Gordon Granger proclaiming the freedom of all slaves on June 19, 1865, in Galveston, Texas;
(h) Arthrogryposis Multiplex Congenita Awareness Day, on June 30;
(i) Navajo Code Talker Day, on August 14;
(j) Rachael Runyan/Missing and Exploited Children's Day, on August 26, the
anniversary of the day three-year-old Rachael Runyan was kidnaped from a playground in
Sunset, Utah, to:
(i) encourage individuals to make child safety a priority;
(ii) remember the importance of continued efforts to reunite missing children with their
families; and
(iii) honor Rachael Runyan and all Utah children who have been abducted or exploited;
(k) Constitution Day, on September 17;
(l) POW/MIA Recognition Day, on the third Friday in September;
(m) Victims of Communism Memorial Day, on November 7;
(n) Indigenous People Day, on the Monday immediately preceding Thanksgiving; and
(o) Bill of Rights Day, on December 15.
(2) The Department of Veterans and Military Affairs shall coordinate activities, special
programs, and promotional information to heighten public awareness and involvement relating
to Subsections (1)(f) and (l).
(3) The month of April shall be commemorated annually as Clean Out the Medicine
Cabinet Month to:
(a) recognize the urgent need to make Utah homes and neighborhoods safe from
prescription medication abuse and poisonings by the proper home storage and disposal of
prescription and over-the-counter medications; and
(b) educate citizens about the permanent medication disposal sites in Utah listed on
useonlyasdirected.org that allow disposal throughout the year.
(4) The second full week of April shall be commemorated annually as Animal Care
and Control Appreciation Week to recognize and increase awareness within the community of
the services that animal care and control professionals provide.
(5) The first full week of May shall be commemorated annually as State Water Week
to recognize the importance of water conservation, quality, and supply in the state.
[
(5)
] 
(6)
 The third full week of June shall be commemorated annually as Workplace
Safety Week to heighten public awareness regarding the importance of safety in the workplace.
[
(6) The first full week of May shall be commemorated annually as State Water Week
to recognize the importance of water conservation, quality, and supply in the state.
]
(7) The second Friday and Saturday in August shall be commemorated annually as
Utah Fallen Heroes Days to:
(a) honor fallen heroes who, during service in the military or public safety, have
sacrificed their lives to protect the country and the citizens of the state; and
(b) encourage political subdivisions to acknowledge and honor fallen heroes.
(8) The third full week in August shall be commemorated annually as Drowsy Driving
Awareness Week to:
(a) educate the public about the relationship between fatigue and driving performance;
and
(b) encourage the Department of Public Safety and the Department of Transportation to
recognize and promote educational efforts on the dangers of drowsy driving.
(9) The third full week of September shall be commemorated annually as Gang
Prevention Awareness Week.
[
(9)
] 
(10)
 The month of October shall be commemorated annually as Italian-American
Heritage Month.
[
(10)
] 
(11)
 The month of November shall be commemorated annually as American
Indian Heritage Month.
[
(11) The third full week of September shall be commemorated annually as Gang
Prevention Awareness Week.
]
(12) The first full week of December shall be commemorated annually as Avalanche
Awareness Week to:
(a) educate the public about avalanche awareness and safety;
(b) encourage collaborative efforts to decrease annual avalanche accidents and
fatalities; and
(c) honor Utah residents who have lost their lives in avalanches, including those who
lost their lives working to prevent avalanches.
Section 102. Section 
63G-6a-204
 is amended to read:
63G-6a-204.
Applicability of rules and regulations of Utah State Procurement
Policy Board and State Building Board -- Report to interim committee.
(1) Except as provided in Subsection (2), rules made by the board under this chapter
shall govern all procurement units for which the board is the applicable rulemaking authority.
(2) The building board rules governing procurement of construction, design
professional services, and leases apply to the procurement of construction, design professional
services, and leases of real property by the Division of Facilities Construction and
Management.
(3) An applicable rulemaking authority may make its own rules, consistent with this
chapter, governing procurement by a person over which the applicable rulemaking authority
has rulemaking authority.
(4) The board shall make a report on or before July 1 of each year to a legislative
interim committee, designated by the Legislative Management Committee created under
Section 
36-12-6
, on the establishment, implementation, and enforcement of the rules made
under Section 
63G-6a-203
.
[
(5) Notwithstanding Subsection 
63G-3-301
(15)(b), an applicable rulemaking authority
is required to initiate rulemaking proceedings, for rules required to be made under this chapter,
on or before:
]
[
(a) May 13, 2014, if the applicable rulemaking authority is the board; or
]
[
(b) January 1, 2015, for each other applicable rulemaking authority.
]
Section 103. Section 
63G-6a-712
 is amended to read:
63G-6a-712.
Unsolicited proposals.
(1) As used in this section, "unsolicited proposal"[
: (a)
] means a written proposal:
[
(i)
] 
(a)
 for a public-private partnership for:
[
(A)
] 
(i)
 an infrastructure project; or
[
(B)
] 
(ii)
 a project to collect, analyze, and distribute health data to improve health and
health care and to facilitate interaction regarding health and health care issues; and
[
(ii)
] 
(b)
 that is not submitted in response to a solicitation[
; and
]
.
[
(b) does not include an initial proposal, as defined in Section 
63G-6a-711
.
]
(2) (a) Subject to Subsection (2)(b), a person may submit an unsolicited proposal to a
procurement unit at any time.
(b) An unsolicited proposal may not be used to seek a procurement unit's consideration
of a proposal after the expiration of the time for submitting proposals in response to a request
for proposals.
(3) An unsolicited proposal shall include:
(a) a reference to this section and a statement that the unsolicited proposal is submitted
under this section;
(b) a conceptual description of the project that constitutes the procurement item that is
the subject of the proposed public-private partnership;
(c) a description of the economic benefit of the project to the state and the procurement
unit;
(d) information concerning the services or facilities currently being provided by the
state or procurement unit that are similar to the project;
(e) an estimate of the project costs for:
(i) design;
(ii) implementation;
(iii) operation and maintenance; and
(iv) any other related project cost; and
(f) the name, address, telephone number, and email address of an individual who may
be contacted for further information concerning the unsolicited proposal.
(4) A procurement unit is not required to consider an unsolicited proposal.
(5) A procurement unit may charge a person submitting an unsolicited proposal a fee to
cover the actual cost of processing, considering, and evaluating the unsolicited proposal.
(6) A procurement unit that receives an unsolicited proposal may not award a contract
for the procurement item described in the unsolicited proposal unless:
(a) the procurement unit first engages in a standard procurement process for proposals
to provide the procurement item described in the unsolicited proposal; or
(b) awarding the contract without the procurement unit engaging in a standard
procurement process is allowed under Section 
63G-6a-802
.
(7) If a procurement unit engages in a standard procurement process pursuant to
Subsection (6)(a):
(a) the procurement unit shall treat an unsolicited proposal as though it were submitted
as a proposal in response to the solicitation; and
(b) a person who has submitted an unsolicited proposal may, within the time provided
in the solicitation for the submission of proposals, modify the unsolicited proposal to the extent
necessary to address matters raised in the solicitation that were not addressed in the initial
unsolicited proposal.
(8) An applicable rulemaking authority may make rules to govern the submission,
processing, consideration, and evaluation of an unsolicited proposal, including fees relating to
the unsolicited proposal.
(9) An unsolicited proposal is subject to Chapter 2, Government Records Access and
Management Act, including, if applicable, provisions relating to a written claim of business
confidentiality, as provided in Section 
63G-2-309
, for trade secrets, commercial information, or
nonindividual financial information described in Subsection 
63G-2-305
(1) or (2).
Section 104. Section 
63G-6a-1209
 is amended to read:
63G-6a-1209.
Leases.
(1) As used in this section, "lease" means for a procurement unit to lease or
lease-purchase a procurement item from a person.
(2) This section does not apply to the lease of real property.
(3) A procurement unit may not lease a procurement item unless the procurement unit
complies with the requirements of this section.
(4) A procurement unit may lease a procurement item if:
(a) the procurement officer determines that it is in the best interest of the procurement
unit to lease the procurement item, after the procurement officer:
(i) investigates alternative means of obtaining the procurement item; and
(ii) considers the costs and benefits of the alternative means of obtaining the
procurement item;
(b) all conditions for renewal and cost are included in the lease;
(c) the lease is awarded through a standard procurement process, or an exception to a
standard procurement process described in Part 8, Exceptions to Procurement Requirements;
(d) for a standard procurement process, the invitation for bids, request for proposals, or
request for quotes states:
(i) that the procurement unit is seeking, or willing to consider, a lease; and
(ii) for a lease purchase, that the procurement unit is seeking, or willing to consider, a
lease-purchase;
(e) the lease is not used to avoid competition; and
(f) the lease complies [
to
] 
with
 all other provisions of law or rule applicable to the
lease.
Section 105. Section 
63G-6a-1403
 is amended to read:
63G-6a-1403.
Procurement of tollway development agreements.
(1) As used in this section, "tollway development agreement" [
is as
] 
means the same as
that term is
 defined in Section 
72-6-202
.
(2) The Department of Transportation and the Transportation Commission:
(a) may solicit a tollway development agreement proposal by following the
requirements of this section;
(b) may award a solicited tollway development agreement contract for any tollway
project by following the requirements of this section; and
(c) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, establishing requirements for the procurement of tollway development
agreement proposals in addition to those required by this section.
(3) (a) Before entering into a tollway development agreement, the Department of
Transportation may issue a request for qualifications to prequalify potential contractors.
(b) Public notice of the request for qualifications shall be given in accordance with
board rules.
(c) The Department of Transportation shall require, as part of the qualifications
specified in the request for qualifications, that potential contractors at least provide:
(i) a demonstration of their experience with other transportation concession projects
with attributes similar to the project being procured;
(ii) a financial statement of the firm or consortium of firms making the proposal;
(iii) a conceptual project development plan and financing plan;
(iv) the legal structure of the firm or consortium of firms making the proposal;
(v) the organizational structure for the project; and
(vi) a statement describing why the firm or consortium of firms is best qualified for the
project.
(d) The request for qualifications shall identify the number of eligible competing
offerors that the Department of Transportation will select to submit a proposal.
(4) The Department of Transportation shall:
(a) evaluate the responses received from the request for qualifications;
(b) select from their number those qualified to submit proposals; and
(c) invite those respondents to submit proposals based upon the Department of
Transportation's request for proposals.
(5) The Department of Transportation shall issue a request for proposals to those
qualified respondents that may require, as appropriate for the procurement:
(a) a description of the proposed project or projects;
(b) a financial plan for the project, including:
(i) the anticipated financial commitment of all parties;
(ii) equity, debt, and other financing mechanisms;
(iii) an analysis of the projected return, rate of return, or both; and
(iv) the monetary benefit and other value to a government entity;
(c) assumptions about user fees or toll rates;
(d) a project development and management plan, including:
(i) the contracting structure;
(ii) the plan for quality management;
(iii) the proposed toll enforcement plan; and
(iv) the plan for safety management; and
(e) that the proposal [
to
] comply with the minimum guidelines for tollway
development agreement proposals under Section 
72-6-204
.
(6) The Department of Transportation and the Transportation Commission:
(a) shall evaluate the submissions received in response to the request for proposals
from the prequalified offerors;
(b) shall comply with rules relating to discussion of proposals, best and final offers,
and evaluations of the proposals submitted; and
(c) may, after considering price and other identified factors and complying with the
requirements of Section 
72-6-206
, award the contract to the responsible offeror whose
responsive proposal is most advantageous to the state.
Section 106. Section 
63H-1-201
 is amended to read:
63H-1-201.
Creation of military installation development authority -- Status and
powers of authority -- Limitation.
(1) There is created a military installation development authority.
(2) The authority is:
(a) an independent, nonprofit, separate body corporate and politic, with perpetual
succession and statewide jurisdiction, whose purpose is to facilitate the development of land
within a project area or on military land associated with a project area;
(b) a political subdivision of the state; and
(c) a public corporation, as defined in Section 
63E-1-102
.
(3) The authority may:
(a) as provided in this chapter, facilitate the development of land within one or more
project areas, including the ongoing operation of facilities within a project area, or
development of military land associated with a project area;
(b) sue and be sued;
(c) enter into contracts generally;
(d) buy, obtain an option upon, or otherwise acquire any interest in real or personal
property:
(i) in a project area; or
(ii) outside a project area for publicly owned infrastructure and improvements, if the
board considers the purchase, option, or other interest acquisition to be necessary for fulfilling
the authority's development objectives;
(e) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
personal property;
(f) enter into a lease agreement on real or personal property, either as lessee or lessor:
(i) in a project area; or
(ii) outside a project area, if the board considers the lease to be necessary for fulfilling
the authority's development objectives;
(g) provide for the development of land within a project area or military land
associated with the project area under one or more contracts;
(h) exercise powers and perform functions under a contract, as authorized in the
contract;
(i) exercise exclusive police power within a project area to the same extent as though
the authority were a municipality, including the collection of regulatory fees;
(j) receive the property tax allocation and other taxes and fees as provided in this
chapter;
(k) accept financial or other assistance from any public or private source for the
authority's activities, powers, and duties, and expend any funds so received for any of the
purposes of this chapter;
(l) borrow money, contract with, or accept financial or other assistance from the federal
government, a public entity, or any other source for any of the purposes of this chapter and
comply with any conditions of the loan, contract, or assistance;
(m) issue bonds to finance the undertaking of any development objectives of the
authority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities and
Development Act, and bonds under Title 11, Chapter 42, Assessment Area Act;
(n) hire employees, including contract employees;
(o) transact other business and exercise all other powers provided for in this chapter;
(p) enter into a development agreement with a developer of land within a project area;
(q) enter into an agreement with a political subdivision of the state under which the
political subdivision provides one or more municipal services within a project area;
(r) enter into an agreement with a private contractor to provide one or more municipal
services within a project area;
(s) provide for or finance an energy efficiency upgrade, a renewable energy system, or
electric vehicle charging infrastructure as defined in Section [
11-42-102
] 
11-42a-102
, in
accordance with Title 11, Chapter [
42, Assessment Area Act
] 
42a, Commercial Property
Assessed Clean Energy Act
;
(t) exercise powers and perform functions that the authority is authorized by statute to
exercise or perform; and
(u) enter into an agreement with the federal government or an agency of the federal
government under which the federal government or agency:
(i) provides law enforcement services only to military land within a project area; and
(ii) may enter into a mutual aid or other cooperative agreement with a law enforcement
agency of the state or a political subdivision of the state.
(4) The authority may not itself provide law enforcement service or fire protection
service within a project area but may enter into an agreement for one or both of those services,
as provided in Subsection (3)(q).
Section 107. Section 
63I-1-230
 is amended to read:
63I-1-230.
Repeal dates, Title 30.
Sections 
30-1-34
[
,
] 
and
30-1-36
[
, and 
30-1-39
] are repealed July 1, 2023.
Section 108. 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) Subsection 
53-6-203
(1)(b)(ii), regarding being 19 years old at certification, is
repealed July 1, 2022.
(2) Subsection 
53-13-104
(6), regarding being 19 years old at certification, is repealed
July 1, 2022.
(3) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(4) Section 
53B-18-1501
 is repealed July 1, 2021.
(5) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
(6) Section 
53B-24-402
, Rural residency training program, is repealed July 1, 2020.
(7) 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) Section 
53E-3-515
 is repealed January 1, 2023.
(9) 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.
(11) Section 
53F-2-514
 is repealed July 1, 2020.
(12) Section 
53F-5-203
 is repealed July 1, 2024.
(13) Section 
53F-5-212
 is repealed July 1, 2024.
(14) Section 
53F-5-213
 is repealed July 1, 2023.
(15) Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native Education State
Plan Pilot Program, is repealed July 1, 2022.
[
(16) Section 
53F-6-201
 is repealed July 1, 2019.
]
[
(17)
] 
(16)
 Section 
53F-9-501
 is repealed January 1, 2023.
[
(18)
] 
(17)
 Subsections 
53G-4-608
(2)(b) and (4)(b), related to the Utah Seismic Safety
Commission, are repealed January 1, 2025.
[
(19)
] 
(18)
 Subsection 
53G-8-211
(4), regarding referrals of a minor to court for a class
C misdemeanor, is repealed July 1, 2020.
Section 109. 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) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(5) 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)
] 
(6)
 Title 63C, Chapter 17, Point of the Mountain Development Commission Act,
is repealed July 1, 2021.
[
(8)
] 
(7)
 Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed
July 1, 2023.
[
(9)
] 
(8)
 Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July
1, 2025.
[
(10)
] 
(9)
 Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
July 1, 2020.
[
(11)
] 
(10)
 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)
] 
(11)
 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)
] 
(12)
 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)
] 
(13)
 Subsection 
63J-1-602.1
(13), 
relating to the
 Nurse Home Visiting Restricted
Account
,
 is repealed July 1, 2026.
(14) (a) Subsection 
63J-1-602.1
(55), relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
(55), 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.
[
(16)
] 
(15)
 Subsection 
63J-1-602.2
(4), referring to dedicated credits to the Utah
Marriage Commission, is repealed July 1, 2023.
[
(17)
] 
(16)
 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)
] 
(17)
 Subsection 
63J-1-602.2
[
(23)
]
(24)
, related to the Utah Seismic Safety
Commission, is repealed January 1, 2025.
[
(20) 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)
] 
(18)
 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)
] 
(19)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
[
(23)
] 
(20)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2021.
[
(24)
] 
(21)
 Subsection 
63N-1-301
(4)(c), related to the Talent Ready Utah Board, is
repealed on January 1, 2023.
[
(25)
] 
(22)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
[
(26)
] 
(23)
 (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
is repealed January 1, 2021.
(b) Subject to Subsection [
(26)
] 
(23)
(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)
] 
(23)
(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)
] 
(24)
 Section 
63N-2-512
 is repealed on July 1, 2021.
[
(28)
] 
(25)
 (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)
] 
(25)
(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)
] 
(26)
 Subsections 
63N-3-109
(2)(e) and 
63N-3-109
(2)(f)(i) are repealed July 1,
2023.
[
(30)
] 
(27)
 Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
repealed July 1, 2023.
[
(31)
] 
(28)
 Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
Program, is repealed January 1, 2023.
[
(32)
] 
(29)
 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)
] 
(30)
 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)
] 
(31)
 Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed
January 1, 2023.
Section 110. Section 
63I-2-226
 is amended to read:
63I-2-226.
Repeal dates -- Title 26.
(1) Subsection 
26-7-8
(3) is repealed January 1, 2027.
(2) Section 
26-8a-107
 is repealed July 1, 2024.
(3) Subsection 
26-8a-203
(3)(a)(i) is repealed January 1, 2023.
[
(4) Subsection 
26-18-2.3
(5) is repealed January 1, 2020.
]
[
(5)
] 
(4)
 Subsection 
26-18-2.4
(3)(e) is repealed January 1, 2023.
[
(6)
] 
(5)
 Subsection 
26-18-411
(8), related to reporting on the health coverage
improvement program, is repealed January 1, 2023.
[
(7) Subsection 
26-18-604
(2) is repealed January 1, 2020.
]
[
(8)
] 
(6)
 Subsection 
26-21-28
(2)(b) is repealed January 1, 2021.
[
(9)
] 
(7)
 Subsection 
26-33a-106.1
(2)(a) is repealed January 1, 2023.
[
(10) Subsection 
26-33a-106.5
(6)(c)(iii) is repealed January 1, 2020.
]
[
(11)
] 
(8)
 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) Subsections 
26-54-103
(6)(d)(ii) and (iii) are repealed January 1, 2020.
]
[
(14)
] 
(9)
 Subsection 
26-55-107
(8) is repealed January 1, 2021.
[
(15) Subsection 
26-56-103
(9)(d) is repealed January 1, 2020.
]
[
(16) Title 26, Chapter 59, Telehealth Pilot Program, is repealed January 1, 2020.
]
[
(17)
] 
(10)
 Subsection 
26-61-202
(4)(b) is repealed January 1, 2022.
[
(18)
] 
(11)
 Subsection 
26-61-202
(5) is repealed January 1, 2022.
Section 111. Section 
63I-2-231
 is amended to read:
63I-2-231.
Repeal dates -- Title 31A.
[
(1) Title 31A, Chapter 30, Part 2, Defined Contribution Arrangements is repealed July
1, 2019.
]
[
(2) Title 31A, Chapter 30, Part 3, Individual and Small Employer Risk Adjustment
Act is repealed July 1, 2019.
]
Section 112. Section 
63I-2-235
 is amended to read:
63I-2-235.
Repeal dates -- Title 35A.
[
(1) Section 
35A-1-110
 is repealed July 1, 2019.
]
[
(2) Section 
35A-3-208
 is repealed July 1, 2019.
]
[
(3)
] Subsection 
35A-8-604
(6) is repealed October 1, 2020.
Section 113. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53 through 53G.
[
(1) (a) Subsections 
53B-2a-103
(2) and (4), regarding the composition of the UTech
Board of Trustees and the transition to that composition, are repealed July 1, 2019.
]
[
(b) When repealing Subsections 
53B-2a-103
(2) and (4), the Office of Legislative
Research and General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3),
make necessary changes to subsection numbering and cross references.
]
[
(2)
] 
(1)
 (a) Subsection 
53B-2a-108
(5), regarding exceptions to the composition of a
technical college board of directors, is repealed July 1, 2022.
(b) When repealing Subsection 
53B-2a-108
(5), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(3)
] 
(2)
 Section 
53B-6-105.7
 is repealed July 1, 2024.
[
(4)
] 
(3)
 (a) Subsection 
53B-7-705
(6)(b)(ii)(A), the language that states "Except as
provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
(b) Subsection 
53B-7-705
(6)(b)(ii)(B), regarding comparing a technical college's
change in performance with the technical college's average performance, is repealed July 1,
2021.
[
(5)
] 
(4)
 (a) Subsection 
53B-7-707
(3)(a)(ii), the language that states "Except as
provided in Subsection (3)(b)," is repealed July 1, 2021.
(b) Subsection 
53B-7-707
(3)(b), regarding performance data of a technical college
during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
[
(6)
] 
(5)
 Section 
53B-8-112
 is repealed July 1, 2024.
[
(7)
] 
(6)
 Section 
53B-8-114
 is repealed July 1, 2024.
[
(8)
] 
(7)
 (a) The following sections, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
(i) Section 
53B-8-202
;
(ii) Section 
53B-8-203
;
(iii) Section 
53B-8-204
; and
(iv) Section 
53B-8-205
.
(b) (i) Subsection 
53B-8-201
(2), regarding the Regents' scholarship program for
students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
(ii) When repealing Subsection 
53B-8-201
(2), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(9)
] 
(8)
 Section 
53B-10-101
 is repealed on July 1, 2027.
[
(10)
] 
(9)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
repealed July 1, 2023.
[
(11)
] 
(10)
 Section 
53E-3-519
 regarding school counselor services is repealed July 1,
2020.
[
(12)
] 
(11)
 Section 
53E-3-520
 is repealed July 1, 2021.
[
(13)
] 
(12)
 Subsection 
53E-5-306
(3)(b)(ii)(B), related to improving school
performance and continued funding relating to the School Recognition and Reward Program, is
repealed July 1, 2020.
[
(14)
] 
(13)
 Section 
53E-5-307
 is repealed July 1, 2020.
[
(15)
] 
(14)
 In Subsections 
53F-2-205
(4) and (5), regarding the State Board of
Education's duties if contributions from the minimum basic tax rate are overestimated or
underestimated, the language that states "or 
53F-2-301.5
, as applicable" is repealed July 1,
2023.
[
(16)
] 
(15)
 Subsection 
53F-2-301
(1), relating to the years the section is not in effect, is
repealed July 1, 2023.
[
(17)
] 
(16)
 In Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(18) Section 
53F-4-204
 is repealed July 1, 2019.
]
[
(19)
] 
(17)
 In Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(20)
] 
(18)
 In Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(21)
] 
(19)
 In Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(22)
] 
(20)
 In Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
,
as applicable" is repealed July 1, 2023.
[
(23)
] 
(21)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Subsection 
36-12-12
(3), make corrections necessary to ensure that sections and subsections
identified in this section are complete sentences and accurately reflect the office's perception of
the Legislature's intent.
Section 114. Section 
63I-2-258
 is amended to read:
63I-2-258.
Repeal dates -- Title 58.
[
Subsection 
58-37f-303
(7) is repealed January 1, 2019.
]
Section 115. Section 
63I-2-259
 is amended to read:
63I-2-259.
Repeal dates -- Title 59.
[
(1) Section 
59-1-102
 is repealed on May 14, 2019.
]
[
(2)
] In Section 
59-2-926
, the language that states "applicable" and "or 
53F-2-301.5
" is
repealed July 1, 2023.
[
(3) Subsection 
59-2-1007
(15) is repealed on December 31, 2018.
] 
Section 116. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
(1) On July 1, 2020:
(a) Subsection 
63A-1-203
(5)(a)(i) is repealed; and
(b) in Subsection 
63A-1-203
(5)(a)(ii), the language that states "appointed on or after
May 8, 2018," is repealed.
(2) Sections 
63C-4a-307
 and 
63C-4a-309
 are repealed January 1, 2020.
(3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
repealed July 1, 2020.
(4) The following sections regarding the World War II Memorial Commission are
repealed on July 1, 2020:
(a) Section 
63G-1-801
;
(b) Section 
63G-1-802
;
(c) Section 
63G-1-803
; and
(d) Section 
63G-1-804
.
(5) In relation to the State Fair Park Committee, on January 1, 2021:
(a) Section 
63H-6-104.5
 is repealed; and
(b) Subsections 
63H-6-104
(8) and (9) are repealed.
(6) Section 
63H-7a-303
 is repealed on July 1, 2022.
(7) In relation to the Employability to Careers Program Board, on July 1, 2022:
(a) Subsection 
63J-1-602.1
[
(52)
]
(56)
 is repealed;
(b) Subsection 
63J-4-301
(1)(h), related to the review of data and metrics, is repealed;
and
(c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
[
(8) Section 
63J-4-708
 is repealed January 1, 2023.
]
Section 117. Section 
63I-2-272
 is amended to read:
63I-2-272.
Repeal dates -- Title 72.
[
(1)
] Subsections 
72-1-213
(2) and (3)(a)(i), related to the Road Usage Charge Advisory
Committee, are repealed January 1, 2022.
[
(2) On July 1, 2018:
]
[
(a) in Subsection 
72-2-108
(2), the language that states "and except as provided in
Subsection (10)" is repealed; and
]
[
(b) in Subsection 
72-2-108
(4)(c)(ii)(A), the language that states ", excluding any
amounts appropriated as additional support for class B and class C roads under Subsection
(10)," is repealed.
]
[
(3) Section 
72-3-113
 is repealed January 1, 2020.
]
Section 118. Section 
63J-4-608
 is amended to read:
63J-4-608.
Facilitating the acquisition of federal land -- Advisory committee.
(1) As used in this section:
(a) "Advisory committee" means the committee established under Subsection (3).
(b) "Federal land" means land that the secretary is authorized to dispose of under the
federal land disposal law.
(c) "Federal land disposal law" means the Recreation and Public Purposes Act, 43
U.S.C. Sec. 869 et seq.
(d) "Government entity" means any state or local government entity allowed to submit
a land application under the federal land disposal law.
(e) "Land application" means an application under the federal land disposal law
requesting the secretary to sell or lease federal land.
(f) "Land application process" means all actions involved in the process of submitting
and obtaining a final decision on a land application.
(g) "Secretary" means the Secretary of the Interior of the United States.
(2) The coordinator and the office shall:
(a) develop expertise:
(i) in the land application process; and
(ii) concerning the factors that tend to increase the chances that a land application will
result in the secretary selling or leasing federal land as requested in the land application;
(b) work to educate government entities concerning:
(i) the availability of federal land pursuant to the federal land disposal law; and
(ii) the land application process;
(c) advise and consult with a government entity that requests assistance from the
coordinator or the office to formulate and submit a land application and to pursue a decision on
the land application;
(d) advise and consult with a government entity that requests assistance from the
coordinator or the office to identify and quantify the amount of any funds needed to provide the
public use described in a land application;
(e) with the advice and recommendations of the advisory committee:
(i) adopt a list of factors to be considered in determining the degree to which a land
application or potential land application is in the public interest; and
(ii) recommend a prioritization of all land applications or potential land applications in
the state according to the extent to which the land applications are in the public interest, based
on the factors adopted under Subsection (2)(f)(i);
(f) prepare and submit a written report of land applications:
(i) to the Natural Resources, Agriculture, and Environment Interim Committee and the
Federalism
 Commission [
for the Stewardship of Public Lands
];
(ii) (A) annually no later than August 31; and
(B) at other times, if and as requested by the committee or commission; and
(iii) (A) on the activities of the coordinator and the office under this section;
(B) on the land applications and potential land applications in the state; and
(C) on the decisions of the secretary on land applications submitted by government
entities in the state and the quantity of land acquired under the land applications;
(g) present a summary of information contained in the report described in Subsection
(3)(f):
(i) at a meeting of the Natural Resources, Agriculture, and Environment Interim
Committee and at a meeting of the 
Federalism
 Commission [
for the Stewardship of Public
Lands
];
(ii) annually no later than August 31; and
(iii) at other times, if and as requested by the committee or commission; and
(h) report to the Executive Appropriations Committee of the Legislature, as frequently
as the coordinator considers appropriate or as requested by the committee, on the need for
legislative appropriations to provide funds for the public purposes described in land
applications.
(3) (a) There is created a committee comprised of:
(i) an individual designated by the chairs of the 
Federalism
 Commission [
for the
Stewardship of Public Lands
];
(ii) an individual designated by the director of the Division of Facilities Construction
and Management;
(iii) a representative of the Antiquities Section, created in Section 
9-8-304
, designated
by the director of the Division of State History;
(iv) a representative of municipalities designated by the Utah League of Cities and
Towns;
(v) a representative of counties designated by the Utah Association of Counties;
(vi) an individual designated by the Governor's Office of Economic Development; and
(vii) an individual designated by the director of the Division of Parks and Recreation,
created in Section 
79-4-201
.
(b) The seven members of the advisory committee under Subsection (3)(a) may, by
majority vote, appoint up to four additional volunteer members of the advisory committee.
(c) The advisory committee shall advise and provide recommendations to the
coordinator and the office on:
(i) factors the coordinator and office should consider in determining the degree to
which a land application or potential land application is in the public interest; and
(ii) the prioritization of land applications or potential land applications in the state
according to the extent to which the land applications are in the public interest, based on the
factors adopted under Subsection (2)(f)(i).
(d) A member of the advisory committee may not receive compensation, benefits, or
expense reimbursement for the member's service on the advisory committee.
(e) The advisory committee may:
(i) select a chair from among the advisory committee members; and
(ii) meet as often as necessary to perform the advisory committee's duties under this
section.
(f) The coordinator shall facilitate the convening of the first meeting of the advisory
committee.
Section 119. Section 
63M-2-503
 is amended to read:
63M-2-503.
USTAR grant programs.
(1) USTAR shall establish at least one competitive grant program that:
(a) is designed to:
(i) address market gaps in technology development in the state; or
(ii) facilitate research and development of promising technologies;
(b) does not overlap with or duplicate other state funded programs; and
(c) offers grants, on a competitive basis, to:
(i) researchers employed by higher education institutions;
(ii) private entities; or
(iii) partnerships between researchers employed by higher education institutions and
private entities.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
USTAR shall make rules that describe, for each grant program:
(a) the purpose;
(b) eligibility criteria to receive a grant;
(c) how USTAR determines which proposals receive grants;
(d) reporting requirements in accordance with Part 7, Reporting by Recipients of
USTAR Support; and
(e) other information USTAR determines is necessary or appropriate.
(3) USTAR:
(a) shall solicit proposals for each grant program; and
(b) may, subject to legislative appropriation and Subsection 
63M-2-502
(1)(b), award
grants for each program.
(4) In evaluating a grant proposal received in response to a solicitation under this
section, USTAR shall consider, as applicable:
(a) the extent to which the planned research has the potential for commercialization;
(b) the market gap the technology or research fills; and
(c) other factors USTAR determines are relevant, important, or necessary.
(5) USTAR shall require a recipient of a grant under this section, as a condition of
receiving a grant, to comply with the reporting requirements described in[
:(a) Section
63M-2-702
, for a USTAR researcher; or (b)
] Section 
63M-2-703
, for a private entity or for a
partnership between a USTAR researcher and a private entity.
(6) Beginning on July 1, 2019, USTAR:
(a) may not establish any new competitive grant programs;
(b) may not award new grants related to any existing competitive grant program; and
(c) may continue to pay grant money for a grant awarded before July 1, 2019, in
accordance with the written terms of the grant.
Section 120. Section 
63M-2-504
 is amended to read:
63M-2-504.
Other USTAR support.
(1) USTAR may:
(a) provide mentoring, networking, and entrepreneurial training for a private entity or
USTAR researcher to help take a new technology to market;
(b) provide support to a private entity or USTAR researcher in assessing the potential
for bringing a technology to market; and
(c) encourage industry partnerships between a private entity and a USTAR researcher.
(2) USTAR shall require a recipient of USTAR support under this section, as a
condition of receiving USTAR support, to comply with the reporting requirements in[
: (a) 
Section 
63M-2-702
, for a USTAR researcher; or (b)
] Section 
63M-2-703
, for a private entity or
for a partnership between a USTAR researcher and a private entity.
Section 121. Section 
63M-7-202
 is amended to read:
63M-7-202.
Composition -- Appointments -- Ex officio members -- Terms --
United States Attorney as nonvoting member.
(1) The commission on criminal and juvenile justice shall be composed of 25 voting
members as follows:
(a) the chief justice of the supreme court, as the presiding officer of the judicial
council, or a judge designated by the chief justice;
(b) the state court administrator or the state court administrator's designee;
(c) the executive director of the Department of Corrections or the executive director's
designee;
(d) the executive director of the Department of Human Services or the executive
director's designee;
(e) the commissioner of the Department of Public Safety or the commissioner's
designee;
(f) the attorney general or an attorney designated by the attorney general;
(g) the president of the chiefs of police association or a chief of police designated by
the association's president;
(h) the president of the sheriffs' association or a sheriff designated by the association's
president;
(i) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
and Parole designated by the chair;
(j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
Commission designated by the chair;
(k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
member of the Utah Substance Use and Mental Health Advisory Council designated by the
chair;
(l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
Juvenile Justice designated by the chair;
(m) the chair of the Utah Council on Victims of Crime [
or the chair's designee
] or a
member of the Utah Council on Victims of Crime designated by the chair;
(n) the executive director of the Salt Lake Legal Defender Association or an attorney
designated by the executive director;
(o) the chair of the Utah Indigent Defense Commission or a member of the Indigent
Defense Commission designated by the chair;
(p) the Salt Lake County District Attorney or an attorney designated by the district
attorney; and
(q) the following members designated to serve four-year terms:
(i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
Judicial Council;
(ii) a representative of the statewide association of public attorneys designated by the
association's officers;
(iii) one member of the House of Representatives who is appointed by the speaker of
the House of Representatives; and
(iv) one member of the Senate who is appointed by the president of the Senate.
(2) The governor shall appoint the remaining five members to four-year staggered
terms as follows:
(a) one criminal defense attorney appointed from a list of three nominees submitted by
the Utah State Bar Association;
(b) one attorney who primarily represents juveniles in delinquency matters appointed
from a list of three nominees submitted by the Utah Bar Association;
(c) one representative of public education;
(d) one citizen representative; and
(e) a representative from a local faith who has experience with the criminal justice
system.
(3) In addition to the members designated under Subsections (1) and (2), the United
States Attorney for the district of Utah or an attorney designated by the United States Attorney
may serve as a nonvoting member.
(4) In appointing the members under Subsection (2), the governor shall take into
account the geographical makeup of the commission.
Section 122. Section 
63M-13-202
 is amended to read:
63M-13-202.
Duties of the commission.
(1) The responsibilities of the commission include:
(a) supporting Utah parents and families, who have family members that are in early
childhood, by providing comprehensive and accurate information regarding the availability of
voluntary services that are available to children in early childhood from state agencies and
other private and public entities;
(b) facilitating improved coordination between state agencies and community partners
that provide services to children in early childhood;
(c) sharing and analyzing information regarding early childhood issues in the state;
(d) developing and coordinating a comprehensive delivery system of services for
children in early childhood that addresses the following four areas:
(i) family support and safety;
(ii) health and development;
(iii) early learning; and
(iv) economic development; and
(e) identifying opportunities for and barriers to the alignment of standards, rules,
policies, and procedures across programs and agencies that support children in early childhood.
(2) To fulfill the responsibilities described in Subsection (1), the commission shall:
(a) directly engage with parents, families, community members, and public and private
service providers to identify and address:
(i) the quality, effectiveness, and availability of existing services for children in early
childhood and the coordination of those services;
(ii) gaps and barriers to entry in the provision of services for children in early
childhood; and
(iii) community-based solutions in improving the quality, effectiveness, and
availability of services for children in early childhood;
(b) seek regular and ongoing feedback from a wide range of entities and individuals
that use or provide services for children in early childhood, including entities and individuals
that use, represent, or provide services for any of the following:
(i) children in early childhood who live in urban, suburban, or rural areas of the state;
(ii) children in early childhood with varying socioeconomic backgrounds;
(iii) children in early childhood with varying ethnic or racial heritage;
(iv) children in early childhood from various geographic areas of the state; and
(v) children in early childhood with special needs;
(c) study, evaluate, and report on the status and effectiveness of policies, procedures,
and programs that provide services to children in early childhood;
(d) study and evaluate the effectiveness of policies, procedures, and programs
implemented by other states and nongovernmental entities that address the needs of children in
early childhood;
(e) identify policies, procedures, and programs that are impeding efforts to help
children in early childhood in the state and recommend and implement changes to those
policies, procedures, and programs;
(f) identify policies, procedures, and programs related to children in early childhood in
the state that are inefficient or duplicative and recommend and implement changes to those
policies, procedures, and programs;
(g) recommend policy, procedure, and program changes to address the needs of
children in early childhood;
(h) develop methods for using interagency information to inform comprehensive policy
and budget decisions relating to early childhood services;
(i) develop, recommend, and coordinate a comprehensive delivery system of services
for children in early childhood; and
(j) develop strategies and monitor efforts concerning:
(i) increasing school readiness;
(ii) improving access to child care and early education programs; and
(iii) improving family and community engagement in early childhood education and
development.
(3) In fulfilling the duties of the commission, the commission shall collaborate with the
Early Childhood Utah Advisory Council created in Section [
22-66-201
] 
26-66-201
.
(4) In fulfilling the commission's duties, the commission may:
(a) request and receive, from any state or local governmental agency or institution,
information relating to early childhood, including reports, audits, projections, and statistics;
and
(b) appoint special advisory groups to advise and assist the commission.
(5) Members of a special advisory group described in Subsection (4)(b):
(a) shall be appointed by the commission;
(b) may include:
(i) members of the commission; and
(ii) individuals from the private or public sector; and
(c) may not receive reimbursement or pay for work done in relation to the special
advisory group.
(6) A special advisory group created in accordance with Subsection (4)(b) shall report
to the commission on the progress of the special advisory group.
Section 123. Section 
63N-1-501
 is amended to read:
63N-1-501.
Governor's Economic Development Coordinating Council --
Membership -- Expenses.
(1) There is created in the office the Governor's Economic Development Coordinating
Council, consisting of the following [
] 
 members:
(a) the executive director, who shall serve as chair of the council;
(b) the chair of the board or the chair's designee;
[
(c) the chair of the Utah Science Technology and Research Governing Authority
created in Section 
63M-2-301
 or the chair's designee;
]
[
(d)
] 
(c)
 the chair of the Governor's Rural Partnership Board created in Section
63C-10-102
 or the chair's designee;
[
(e)
] 
(d)
 the chair of the board of directors of the Utah Capital Investment Corporation
created in Section 
63N-6-301
 or the chair's designee;
[
(f)
] 
(e)
 the chair of the Economic Development Corporation of Utah or its successor
organization or the chair's designee;
[
(g)
] 
(f)
 the chair of the World Trade Center Utah or its successor organization or the
chair's designee; and
[
(h)
] 
(g)
 four members appointed by the governor, with the consent of the Senate, who
have expertise in business, economic development, entrepreneurship, or the raising of venture
or seed capital for research and business growth.
(2) (a) The four members appointed by the governor may serve for no more than two
consecutive two-year terms.
(b) The governor shall appoint a replacement if a vacancy occurs from the membership
appointed under Subsection (1)[
(h)
]
(g)
.
(3) Six members of the council constitute a quorum for the purpose of conducting
council business and the action of a majority of a quorum constitutes the action of the council.
(4) A member may not receive compensation or benefits for the member's service on
the council, but may receive per diem and travel expenses in accordance with:
(a) Sections 
63A-3-106
 and 
63A-3-107
; and
(b) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(5) The office shall provide office space and administrative staff support for the
council.
(6) The council, as a governmental entity, has all the rights, privileges, and immunities
of a governmental entity of the state and its meetings are subject to Title 52, Chapter 4, Open
and Public Meetings Act.
Section 124. Section 
63N-4-302
 is amended to read:
63N-4-302.
Definitions.
As used in this part:
(1) (a) "Affiliate" means a person that directly, or indirectly through one or more
intermediaries, controls, is controlled by, or is under common control with another person.
(b) For the purposes of this part, a person controls another person if the person holds,
directly or indirectly, the majority voting or ownership interest in the controlled person or has
control over the day-to-day operations of the controlled person by contract or by law. 
(2) "Claimant" means a resident or nonresident person that has state taxable income.
(3) "Closing date" means the date on which a rural investment company has collected
all of the investments described in Subsection 
63N-4-303
(7).
(4) (a) "Credit-eligible contribution" means an investment of cash by a claimant in a
rural investment company that is or will be eligible for a tax credit as evidenced by notification
issued by the office under Subsection 
63N-4-303
(5)(c).
(b) The investment shall purchase an equity interest in the rural investment company or
purchase, at par value or premium, a debt instrument issued by the rural investment company
that has a maturity date at least five years after the closing date.
(5) "Eligible small business" means a business that at the time of an initial growth
investment in the business by a rural investment company:
(a) has fewer than 150 employees;
(b) has less than $10,000,000 in net income for the preceding taxable year;
(c) maintains the business's principal business operations in the state; and
(d) is engaged in an industry related to:
(i) aerospace;
(ii) defense;
(iii) energy and natural resources;
(iv) financial services;
(v) life sciences;
(vi) outdoor products;
(vii) software development;
(viii) information technology;
(ix) manufacturing; or
(x) agribusiness.
(6) (a) "Excess return" means the difference between:
(i) the present value of all growth investments made by a rural investment company on
the day the rural investment company applies to exit the program under Section 
63N-4-309
,
including the present value of all distributions and gains from the growth investments; and
(ii) the sum of the amount of the original growth investment and an amount equal to
any projected increase in the equity holder's federal or state tax liability, including penalties and
interest, related to the equity holder's ownership, management, or operation of the rural
investment company.
(b) If the amount calculated in Subsection (6)(a) is less than zero, the excess return is
equal to zero.
(7) "Federally licensed rural business investment company" means a person licensed as
a rural business investment company under 7 U.S.C. Sec. 2009cc.
(8) "Federally licensed small business investment company" means a person licensed
as a small business investment company under 15 U.S.C. Sec. 681.
(9) (a) "Full-time employee" means an employee that throughout the year works at
least 30 hours per week or meets the customary practices accepted by that industry as full time.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office may make rules that establish additional hour or other criteria to determine what
constitutes a full-time employee.
(10) "Growth investment" means any capital or equity investment in an eligible small
business or any loan made from the investment authority to an eligible small business with a
stated maturity at least one year after the date of issuance.
(11) (a) "High wage" means a wage that is at least 100% of the county average wage.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office may make rules that establish additional criteria to determine what constitutes a high
wage.
(12) "Investment authority" means the minimum amount of investment a rural
investment company must make in eligible small businesses in order for credit-eligible
contributions to the rural investment company to qualify for a rural job creation tax credit
under Section 
59-7-621
 or 
59-10-1038
.
(13) (a) "New annual jobs" means the difference between:
(i) (A) the monthly average of full-time employees that are paid a high wage at an
eligible small business for the preceding calendar year; or
(B) if the preceding calendar year contains the initial growth investment, the monthly
average of full-time employees that are paid a high wage at an eligible small business for the
months including and after the initial growth investment and before the end of the preceding
calendar year; and
(ii) the number of full-time employees that are paid a high wage at the eligible small
business on the date of the initial growth investment.
(b) If the amount calculated in Subsection [
(2)
] 
(13)
(a) is less than zero, the new
annual jobs amount is equal to zero.
(14) (a) "Principal business operations" means the location where at least 60% of a
business's employees work or where employees that are paid at least 60% of a business's
payroll work.
(b) For the purposes of this part, an out-of-state business that agrees to relocate
employees to this state to establish the business's principal business operations in this state
using the proceeds of a growth investment is considered to have the business's principal
business operations in this state if the business satisfies the requirements of Subsection (14)(a)
within 180 days after receiving the growth investment, unless the office agrees to a later date.
(15) "Program" means the provisions of this part applicable to a rural investment
company.
(16) "Rural county" means any county in this state except Salt Lake, Utah, Davis,
Weber, Washington, Cache, Tooele, and Summit counties.
(17) "Rural investment company" means a person approved by the office under Section
63N-4-303
.
(18) (a) "State reimbursement amount" means the difference between:
(i) 50% of the rural investment company's credit-eligible capital contributions; and
(ii) the product of:
(A) the total sum of new annual jobs reported to the state in the rural investment
company's exit report described in Section 
63N-4-309
; and
(B) $20,000.
(b) If the amount calculated in Subsection (18)(a) is less than zero, the state
reimbursement amount is equal to zero.
(19) "Tax credit" means a rural job creation tax credit created by Section 
59-7-621
 or
59-10-1038
.
(20) "Tax credit certificate" means a certificate issued by the office that:
(a) lists the name of the person to which the office authorizes a tax credit;
(b) lists the person's taxpayer identification number;
(c) lists the amount of tax credit that the office authorizes the person to claim for the
taxable year; and
(d) may include other information as determined by the office.
Section 125. Section 
64-13e-102
 is amended to read:
64-13e-102.
Definitions.
As used in this chapter:
(1) "Actual state daily incarceration rate" means the daily incarceration rate that reflects
the actual expenses of the department, including:
(a) executive overhead;
(b) administrative overhead;
(c) transportation overhead;
(d) division overhead;
(e) motor pool expenses;
(f) medical expenses;
(g) mental health expenses;
(h) dental expenses;
(i) straight line capital depreciation, over a 40-year period, for prison facilities of the
department; and
(j) expenses for treatment, including substance abuse treatment, alcohol abuse
treatment, sex offender treatment, and alternative treatment.
(2) "Alternative treatment" means:
(a) evidence-based cognitive behavioral therapy; or
(b) a certificate-based program provided by a Utah technical college, as defined in
[
Subsection
] 
Section
53B-26-102
[
(8)
].
(3) "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created in
Section 
63M-7-201
.
(4) "Department" means the Department of Corrections.
(5) "Division of Finance" means the Division of Finance, created in Section
63A-3-101
.
(6) "Final state daily incarceration rate" means the average actual state daily
incarceration rate, calculated, reviewed, and discussed under Section 
64-13e-105
, and approved
by the Legislature under Subsection 
64-13e-105
(3).
(7) "State inmate" means an individual, other than a state probationary inmate or state
parole inmate, who is committed to the custody of the department.
(8) "State parole inmate" means an individual who is:
(a) on parole, as defined in Section 
77-27-1
; and
(b) housed in a county jail for a reason related to the individual's parole.
(9) "State probationary inmate" means a felony probationer sentenced to time in a
county jail under Subsection 
77-18-1
(8).
(10) "Treatment program" means:
(a) an alcohol treatment program;
(b) a substance abuse treatment program;
(c) a sex offender treatment program; or
10000 (d) an alternative treatment program.
10001 Section 126. Section 
72-16-306
 is amended to read:
10002 
72-16-306.
Reporting and shutdown for certain injuries.
10003 (1) (a) An owner-operator shall report each known reportable serious injury to the
10004 director within eight hours after the owner-operator learns of the reportable serious injury.
10005 (b) An owner-operator shall include the following information in a report described in
10006 Subsection (1)(a):
10007 (i) the owner-operator's name and [
contract
] 
contact
 information;
10008 (ii) the location of the amusement ride at the time the reportable serious injury
10009 occurred;
10010 (iii) a description of:
10011 (A) the amusement ride; and
10012 (B) the nature of the reportable serious injury; and
10013 (iv) any other information required by rule made under this chapter.
10014 (2) (a) In addition to the requirement described in Subsection (1), an owner-operator of
10015 a mobile amusement ride shall report each known serious injury to the fair, show, landlord, or
10016 owner of the property upon which the mobile amusement ride was located at the time the
10017 serious injury occurred.
10018 (b) After a serious injury, the owner-operator may not operate the mobile amusement
10019 ride until the owner-operator receives written authorization from:
10020 (i) the fair, show, landlord, or owner of the property upon which the amusement ride
10021 was located at the time the serious injury occurred; or
10022 (ii) the director.
10023 (3) For purposes of Title 63G, Chapter 2, Government Records Access and
10024 Management Act, a report to the director described in this section and any record related to the
10025 report is a protected record as defined in Section 
63G-2-103
, except the ride description, the
10026 owner-operator, the location of the amusement ride at the time the reportable injury occurred,
10027 and the general nature of the reportable injury.
10028 Section 127. Section 
73-10-1
 is amended to read:
10029 
73-10-1.
State's policy -- Creation of revolving fund -- General construction of
10030 
chapter.
10031 (1) 
(a)
 The Legislature of the state of Utah [
having
] 
has
 heretofore declared
:
10032 
(i)
 by Section 
73-1-1
, Utah Code Annotated 1953, that, "All waters [
of
] 
in
 this state,
10033 whether above or under the ground
,
 are hereby declared to be the property of the public, subject
10034 to all existing rights to the use thereof"; [
and further,
]
10035 
(ii)
 by Section 
73-1-3
, Utah Code Annotated 1953, that "Beneficial use shall be the
10036 basis, the [
measures
] 
measure
 and the limit of all rights to the use of water in this state"; and
10037 [
further,
]
10038 
(iii)
 by Section 
17B-2a-1002
 that the policy of the state is, 
to
 "[
To
] obtain from water
10039 in [
Utah
] 
the state
 the highest duty for domestic uses and irrigation of lands in [
Utah
] 
the state
10040 within the terms of 
applicable
 interstate compacts [
or otherwise," now by this act
] 
and other
10041 
law."
10042 
(b) The Legislature by this chapter
 reiterates and reaffirms such declaration of the
10043 public policy of the state of Utah.
10044 (2) It is further declared to be the policy of this chapter and of the state of Utah, and the
10045 legislature recognizes:
10046 (a) that by construction of projects based upon sound engineering the waters within the
10047 various counties of the state of Utah can be saved from waste and increased in efficiency of
10048 beneficial use by 25% to 100%;
10049 (b) that because of well-known conditions such as low prices and lack of market for
10050 farm products, particularly the inefficiency of water supply because of lack of late season water
10051 and consequent lack of financial strength, water users in small communities have been unable
10052 to build projects that would provide full conservation and beneficial use for the limited water
10053 supply in this semiarid land;
10054 (c) that water, as the property of the public, should be so managed by the public that it
10055 can be put to the highest use for public benefit;
10056 (d) that Congress of the United States has provided for the building of larger water
10057 conservation projects throughout the semiarid states, payment of the capital costs without
10058 interest to be made by the water users upon the basis of a fair portion of crop returns;
10059 (e) that the Congress of the United States has established in the department of interior
10060 and in the department of agriculture, various agencies having authority to develop, protect, and
10061 aid in putting to beneficial use the land and water resources of the United States and to
10062 cooperate with state agencies having similar authority;
10063 (f) that the interests of the state of Utah require that means be provided for close
10064 cooperation between all state and federal agencies to the end that the underground waters and
10065 waters of the small streams of the state, and the lands thereunder, can be made to yield
10066 abundantly and increase the income and well-being of the citizens of the state;
10067 (g) that it appears to be sound public policy for the state of Utah to provide a revolving
10068 fund, to be increased at each legislative session, to the end that every mountain stream and
10069 every water resource within the state can be made to render the highest beneficial service, such
10070 fund to be so administered that no project will be built except upon expert engineering,
10071 financial, and geological approval.
10072 (3) All of the provisions of this chapter shall be liberally construed so as to carry out
10073 and put into force and effect the purposes and policies as hereinabove set forth.
10074 Section 128. Section 
75-9-105
 is amended to read:
10075 
75-9-105.
Execution of power of attorney.
10076 (1) A power of attorney shall be signed by the principal or in the principal's conscious
10077 presence by another individual directed by the principal to sign the principal's name on the
10078 power of attorney before a notary public or other individual authorized by the law to take
10079 acknowledgments. A signature on a power of attorney is presumed to be genuine if the
10080 principal acknowledges the signature before a notary public or other individual authorized by
10081 law to take acknowledgments.
10082 (2) If the principal resides or is about to reside in a hospital, assisted living, skilled
10083 nursing, or similar facility, at the time of execution of the power of attorney, the principal may
10084 not name any agent that is the owner, operator, health care provider, or employee of the
10085 hospital, assisted living facility, skilled nursing, or similar residential care facility unless the
10086 agent is the spouse, legal guardian, or next of kin of the principal, or unless the agent's
10087 authority is strictly limited to the purpose of assisting the principal to establish eligibility for
10088 Medicaid.
10089 (3) A violation of Subsection (2) is a violation of Subsection 
76-5-111
[
(4)
]
(9)
(a).
10090 Section 129. Section 
76-5-702
 is amended to read:
10091 
76-5-702.
Prohibition on female genital mutilation -- Exceptions.
10092 (1) It is a second degree felony for any person to:
10093 (a) perform a procedure described in Section 
76-5-701
 on a female under 18 years of
10094 age;
10095 (b) give permission for or permit a procedure described in Section 
76-5-701
 to be
10096 performed on a female under 18 years of age; or
10097 (c) remove or cause, permit, or facilitate the removal of a female under 18 years of age
10098 from this state for the purpose of facilitating the performance of a procedure described in
10099 Section 
76-5-701
 on the female.
10100 (2) It is not a defense to female genital mutilation that the conduct described in Section
10101 
76-5-701
 is required as a matter of religion, custom, ritual, or standard practice, or that the
10102 individual on whom it is performed or the individual's parent or guardian consented to the
10103 procedure.
10104 (3) A surgical procedure is not a violation of Section 
76-5-701
 if the procedure is
10105 performed by a physician licensed as a medical professional in the place it is performed and is:
10106 (a) medically advisable;
10107 (b) necessary to preserve or protect the physical health of the person on whom it is
10108 performed; or
10109 (c) requested for sex reassignment surgery by the person on whom it is performed.
10110 (4) A medical professional licensed in accordance with Title 58, Chapter 31b, Nurse
10111 Practice Act, 
Title 58,
 Chapter 67, Utah Medical Practice Act, 
Title 58,
 Chapter 68, Utah
10112 Osteopathic Medical Practice Act, or 
Title 58,
 Chapter 70a, Utah Physician Assistant Act, who
10113 is convicted of a violation of this section shall have their license permanently revoked by the
10114 appropriate licensing board.
10115 Section 130. Section 
77-18-1
 is amended to read:
10116 
77-18-1.
Suspension of sentence -- Pleas held in abeyance -- Probation --
10117 
Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
10118 
conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
10119 
monitoring.
10120 (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
10121 in abeyance agreement, the court may hold the plea in abeyance as provided in Chapter 2a,
10122 Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
10123 (2) (a) On a plea of guilty, guilty with a mental illness, no contest, or conviction of any
10124 crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
10125 and place the defendant:
10126 (i) on probation under the supervision of the Department of Corrections except in cases
10127 of class C misdemeanors or infractions;
10128 (ii) on probation under the supervision of an agency of local government or with a
10129 private organization; or
10130 (iii) on court probation under the jurisdiction of the sentencing court.
10131 (b) (i) The legal custody of all probationers under the supervision of the department is
10132 with the department.
10133 (ii) The legal custody of all probationers under the jurisdiction of the sentencing court
10134 is vested as ordered by the court.
10135 (iii) The court has continuing jurisdiction over all probationers.
10136 (iv) Court probation may include an administrative level of services, including
10137 notification to the court of scheduled periodic reviews of the probationer's compliance with
10138 conditions.
10139 (c) Supervised probation services provided by the department, an agency of local
10140 government, or a private organization shall specifically address the offender's risk of
10141 reoffending as identified by a validated risk and needs screening or assessment.
10142 (3) (a) The department shall establish supervision and presentence investigation
10143 standards for all individuals referred to the department based on:
10144 (i) the type of offense;
10145 (ii) the results of a risk and needs assessment;
10146 (iii) the demand for services;
10147 (iv) the availability of agency resources;
10148 (v) public safety; and
10149 (vi) other criteria established by the department to determine what level of services
10150 shall be provided.
10151 (b) Proposed supervision and investigation standards shall be submitted to the Judicial
10152 Council and the Board of Pardons and Parole on an annual basis for review and comment prior
10153 to adoption by the department.
10154 (c) The Judicial Council and the department shall establish procedures to implement
10155 the supervision and investigation standards.
10156 (d) The Judicial Council and the department shall annually consider modifications to
10157 the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
10158 appropriate.
10159 (e) The Judicial Council and the department shall annually prepare an impact report
10160 and submit it to the appropriate legislative appropriations subcommittee.
10161 (4) Notwithstanding other provisions of law, the department is not required to
10162 supervise the probation of an individual convicted of a class B or C misdemeanor or an
10163 infraction or to conduct presentence investigation reports on a class C misdemeanor or
10164 infraction. However, the department may supervise the probation of a class B misdemeanant in
10165 accordance with department standards.
10166 (5) (a) Before the imposition of any sentence, the court may, with the concurrence of
10167 the defendant, continue the date for the imposition of sentence for a reasonable period of time
10168 for the purpose of obtaining a presentence investigation report from the department or
10169 information from other sources about the defendant.
10170 (b) The presentence investigation report shall include:
10171 (i) a victim impact statement according to guidelines set in Section 
77-38a-203
10172 describing the effect of the crime on the victim and the victim's family;
10173 (ii) a specific statement of pecuniary damages, accompanied by a recommendation
10174 from the department regarding the payment of restitution with interest by the defendant in
10175 accordance with Chapter 38a, Crime Victims Restitution Act;
10176 (iii) findings from any screening and any assessment of the offender conducted under
10177 Section 
77-18-1.1
;
10178 (iv) recommendations for treatment of the offender; and
10179 (v) the number of days since the commission of the offense that the offender has spent
10180 in the custody of the jail and the number of days, if any, the offender was released to a
10181 supervised release or alternative incarceration program under Section 
17-22-5.5
.
10182 (c) The contents of the presentence investigation report are protected and are not
10183 available except by court order for purposes of sentencing as provided by rule of the Judicial
10184 Council or for use by the department.
10185 (6) (a) The department shall provide the presentence investigation report to the
10186 defendant's attorney, or the defendant if not represented by counsel, the prosecutor, and the
10187 court for review, three working days prior to sentencing. Any alleged inaccuracies in the
10188 presentence investigation report, which have not been resolved by the parties and the
10189 department prior to sentencing, shall be brought to the attention of the sentencing judge, and
10190 the judge may grant an additional 10 working days to resolve the alleged inaccuracies of the
10191 report with the department. If after 10 working days the inaccuracies cannot be resolved, the
10192 court shall make a determination of relevance and accuracy on the record.
10193 (b) If a party fails to challenge the accuracy of the presentence investigation report at
10194 the time of sentencing, that matter shall be considered to be waived.
10195 (7) At the time of sentence, the court shall receive any testimony, evidence, or
10196 information the defendant or the prosecuting attorney desires to present concerning the
10197 appropriate sentence. This testimony, evidence, or information shall be presented in open court
10198 on record and in the presence of the defendant.
10199 (8) While on probation, and as a condition of probation, the court may require that a
10200 defendant perform any or all of the following:
10201 (a) provide for the support of others for whose support the defendant is legally liable;
10202 (b) participate in available treatment programs, including any treatment program in
10203 which the defendant is currently participating, if the program is acceptable to the court;
10204 (c) if on probation for a felony offense, serve a period of time, not to exceed one year,
10205 in a county jail designated by the department, after considering any recommendation by the
10206 court as to which jail the court finds most appropriate;
10207 (d) serve a term of home confinement, which may include the use of electronic
10208 monitoring;
10209 (e) participate in compensatory service restitution programs, including the
10210 compensatory service program provided in Section 
76-6-107.1
;
10211 (f) pay for the costs of investigation, probation, and treatment services;
10212 (g) make restitution or reparation to the victim or victims with interest in accordance
10213 with Chapter 38a, Crime Victims Restitution Act; and
10214 (h) comply with other terms and conditions the court considers appropriate to ensure
10215 public safety or increase a defendant's likelihood of success on probation.
10216 (9) The department shall collect and disburse the accounts receivable as defined by
10217 Section 
77-32a-101
, with interest and any other costs assessed under Section 
64-13-21
 during:
10218 (a) the parole period and any extension of that period in accordance with Subsection
10219 
77-27-6
(4); and
10220 (b) the probation period in cases for which the court orders supervised probation and
10221 any extension of that period by the department in accordance with Subsection (10).
10222 (10) (a) (i) Except as provided in Subsection (10)(a)(ii), probation of an individual
10223 placed on probation after December 31, 2018:
10224 (A) may not exceed the individual's maximum sentence;
10225 (B) shall be for a period of time that is in accordance with the supervision length
10226 guidelines established by the Utah Sentencing Commission under Section 
63M-7-404
, to the
10227 extent the guidelines are consistent with the requirements of the law; and
10228 (C) shall be terminated in accordance with the supervision length guidelines
10229 established by the Utah Sentencing Commission under Section 
63M-7-404
, to the extent the
10230 guidelines are consistent with the requirements of the law.
10231 (ii) Probation of an individual placed on probation after December 31, 2018, whose
10232 maximum sentence is one year or less may not exceed 36 months.
10233 (iii) Probation of an individual placed on probation on or after October 1, 2015, but
10234 before January 1, 2019, may be terminated at any time at the discretion of the court or upon
10235 completion without violation of 36 months probation in felony or class A misdemeanor cases,
10236 12 months in cases of class B or C misdemeanors or infractions, or as allowed pursuant to
10237 Section 
64-13-21
 regarding earned credits.
10238 (b) (i) If, upon expiration or termination of the probation period under Subsection
10239 (10)(a), there remains an unpaid balance upon the accounts receivable as defined in Section
10240 
77-32a-101
, the court may retain jurisdiction of the case and continue the defendant on bench
10241 probation for the limited purpose of enforcing the payment of the account receivable. If the
10242 court retains jurisdiction for this limited purpose, the court may order the defendant to pay to
10243 the court the costs associated with continued probation under this Subsection (10).
10244 (ii) In accordance with Section 
77-18-6
, the court shall record in the registry of civil
10245 judgments any unpaid balance not already recorded and immediately transfer responsibility to
10246 collect the account to the Office of State Debt Collection.
10247 (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
10248 own motion, the court may require the defendant to show cause why the defendant's failure to
10249 pay should not be treated as contempt of court.
10250 (c) (i) The department shall notify the court, the Office of State Debt Collection, and
10251 the prosecuting attorney in writing in advance in all cases when termination of supervised
10252 probation is being requested by the department or will occur by law.
10253 (ii) The notification shall include a probation progress report and complete report of
10254 details on outstanding accounts receivable.
10255 (11) (a) (i) Any time served by a probationer outside of confinement after having been
10256 charged with a probation violation and prior to a hearing to revoke probation does not
10257 constitute service of time toward the total probation term unless the probationer is exonerated
10258 at a hearing to revoke the probation.
10259 (ii) Any time served in confinement awaiting a hearing or decision concerning
10260 revocation of probation does not constitute service of time toward the total probation term
10261 unless the probationer is exonerated at the hearing.
10262 (iii) Any time served in confinement awaiting a hearing or decision concerning
10263 revocation of probation constitutes service of time toward a term of incarceration imposed as a
10264 result of the revocation of probation or a graduated sanction imposed under Section
10265 
63M-7-404
.
10266 (b) The running of the probation period is tolled upon the filing of a violation report
10267 with the court alleging a violation of the terms and conditions of probation or upon the issuance
10268 of an order to show cause or warrant by the court.
10269 (12) (a) (i) Probation may be modified as is consistent with the supervision length
10270 guidelines and the graduated sanctions and incentives developed by the Utah Sentencing
10271 Commission under Section 
63M-7-404
.
10272 (ii) The length of probation may not be extended, except upon waiver of a hearing by
10273 the probationer or upon a hearing and a finding in court that the probationer has violated the
10274 conditions of probation.
10275 (iii) Probation may not be revoked except upon a hearing in court and a finding that the
10276 conditions of probation have been violated.
10277 (b) (i) Upon the filing of an affidavit, or an unsworn written declaration executed in
10278 substantial compliance with [
Section 
78B-5-705
] 
Title 78B, Chapter 18a, Uniform Unsworn
10279 
Declarations Act
, alleging with particularity facts asserted to constitute violation of the
10280 conditions of probation, the court shall determine if the affidavit or unsworn written declaration
10281 establishes probable cause to believe that revocation, modification, or extension of probation is
10282 justified.
10283 (ii) If the court determines there is probable cause, it shall cause to be served on the
10284 defendant a warrant for the defendant's arrest or a copy of the affidavit or unsworn written
10285 declaration and an order to show cause why the defendant's probation should not be revoked,
10286 modified, or extended.
10287 (c) (i) The order to show cause shall specify a time and place for the hearing and shall
10288 be served upon the defendant at least five days prior to the hearing.
10289 (ii) The defendant shall show good cause for a continuance.
10290 (iii) The order to show cause shall inform the defendant of a right to be represented by
10291 counsel at the hearing and to have counsel appointed if the defendant is indigent.
10292 (iv) The order shall also inform the defendant of a right to present evidence.
10293 (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit
10294 or unsworn written declaration.
10295 (ii) If the defendant denies the allegations of the affidavit or unsworn written
10296 declaration, the prosecuting attorney shall present evidence on the allegations.
10297 (iii) The persons who have given adverse information on which the allegations are
10298 based shall be presented as witnesses subject to questioning by the defendant unless the court
10299 for good cause otherwise orders.
10300 (iv) The defendant may call witnesses, appear and speak in the defendant's own behalf,
10301 and present evidence.
10302 (e) (i) After the hearing the court shall make findings of fact.
10303 (ii) Upon a finding that the defendant violated the conditions of probation, the court
10304 may order the probation revoked, modified, continued, or reinstated for all or a portion of the
10305 original term of probation.
10306 (iii) (A) Except as provided in Subsection (10)(a)(ii), the court may not require a
10307 defendant to remain on probation for a period of time that exceeds the length of the defendant's
10308 maximum sentence.
10309 (B) Except as provided in Subsection (10)(a)(ii), if a defendant's probation is revoked
10310 and later reinstated, the total time of all periods of probation the defendant serves, relating to
10311 the same sentence, may not exceed the defendant's maximum sentence.
10312 (iv) If a period of incarceration is imposed for a violation, the defendant shall be
10313 sentenced within the guidelines established by the Utah Sentencing Commission pursuant to
10314 Subsection 
63M-7-404
(4), unless the judge determines that:
10315 (A) the defendant needs substance abuse or mental health treatment, as determined by a
10316 validated risk and needs screening and assessment, that warrants treatment services that are
10317 immediately available in the community; or
10318 (B) the sentence previously imposed shall be executed.
10319 (v) If the defendant had, prior to the imposition of a term of incarceration or the
10320 execution of the previously imposed sentence under this Subsection (12), served time in jail as
10321 a condition of probation or due to a violation of probation under Subsection (12)(e)(iv), the
10322 time the probationer served in jail constitutes service of time toward the sentence previously
10323 imposed.
10324 (13) The court may order the defendant to commit the defendant to the custody of the
10325 Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as a
10326 condition of probation or stay of sentence, only after the superintendent of the Utah State
10327 Hospital or the superintendent's designee has certified to the court that:
10328 (a) the defendant is appropriate for and can benefit from treatment at the state hospital;
10329 (b) treatment space at the hospital is available for the defendant; and
10330 (c) individuals described in Subsection 
62A-15-610
(2)(g) are receiving priority for
10331 treatment over the defendants described in this Subsection (13).
10332 (14) Presentence investigation reports are classified protected in accordance with Title
10333 63G, Chapter 2, Government Records Access and Management Act. Notwithstanding Sections
10334 
63G-2-403
 and 
63G-2-404
, the State Records Committee may not order the disclosure of a
10335 presentence investigation report. Except for disclosure at the time of sentencing pursuant to
10336 this section, the department may disclose the presentence investigation only when:
10337 (a) ordered by the court pursuant to Subsection 
63G-2-202
(7);
10338 (b) requested by a law enforcement agency or other agency approved by the department
10339 for purposes of supervision, confinement, and treatment of the offender;
10340 (c) requested by the Board of Pardons and Parole;
10341 (d) requested by the subject of the presentence investigation report or the subject's
10342 authorized representative;
10343 (e) requested by the victim of the crime discussed in the presentence investigation
10344 report or the victim's authorized representative, provided that the disclosure to the victim shall
10345 include only information relating to statements or materials provided by the victim, to the
10346 circumstances of the crime including statements by the defendant, or to the impact of the crime
10347 on the victim or the victim's household; or
10348 (f) requested by a sex offender treatment provider who is certified to provide treatment
10349 under the program established in Subsection 
64-13-25
(3) and who, at the time of the request:
10350 (i) is providing sex offender treatment to the offender who is the subject of the
10351 presentence investigation report; and
10352 (ii) provides written assurance to the department that the report:
10353 (A) is necessary for the treatment of the offender;
10354 (B) will be used solely for the treatment of the offender; and
10355 (C) will not be disclosed to an individual or entity other than the offender.
10356 (15) (a) The court shall consider home confinement as a condition of probation under
10357 the supervision of the department, except as provided in Sections 
76-3-406
 and 
76-5-406.5
.
10358 (b) The department shall establish procedures and standards for home confinement,
10359 including electronic monitoring, for all individuals referred to the department in accordance
10360 with Subsection (16).
10361 (16) (a) If the court places the defendant on probation under this section, it may order
10362 the defendant to participate in home confinement through the use of electronic monitoring as
10363 described in this section until further order of the court.
10364 (b) The electronic monitoring shall alert the department and the appropriate law
10365 enforcement unit of the defendant's whereabouts.
10366 (c) The electronic monitoring device shall be used under conditions which require:
10367 (i) the defendant to wear an electronic monitoring device at all times; and
10368 (ii) that a device be placed in the home of the defendant, so that the defendant's
10369 compliance with the court's order may be monitored.
10370 (d) If a court orders a defendant to participate in home confinement through electronic
10371 monitoring as a condition of probation under this section, it shall:
10372 (i) place the defendant on probation under the supervision of the Department of
10373 Corrections;
10374 (ii) order the department to place an electronic monitoring device on the defendant and
10375 install electronic monitoring equipment in the residence of the defendant; and
10376 (iii) order the defendant to pay the costs associated with home confinement to the
10377 department or the program provider.
10378 (e) The department shall pay the costs of home confinement through electronic
10379 monitoring only for an individual who is determined to be indigent by the court.
10380 (f) The department may provide the electronic monitoring described in this section
10381 either directly or by contract with a private provider.
10382 Section 131. Section 
77-40-102 (Effective 05/01/20)
 is amended to read:
10383 
77-40-102 (Effective 05/01/20).
Definitions.
10384 As used in this chapter:
10385 (1) "Administrative finding" means a decision upon a question of fact reached by an
10386 administrative agency following an administrative hearing or other procedure satisfying the
10387 requirements of due process.
10388 (2) "Agency" means a state, county, or local government entity that generates or
10389 maintains records relating to an investigation, arrest, detention, or conviction for an offense for
10390 which expungement may be ordered.
10391 (3) "Bureau" means the Bureau of Criminal Identification of the Department of Public
10392 Safety established in Section 
53-10-201
.
10393 (4) "Certificate of eligibility" means a document issued by the bureau stating that the
10394 criminal record and all records of arrest, investigation, and detention associated with a case that
10395 is the subject of a petition for expungement is eligible for expungement.
10396 (5) (a) "Clean slate eligible case" means a case:
10397 (i) where, except as provided in Subsection (5)(c), each conviction within the case is:
10398 (A) a misdemeanor conviction for possession of a controlled substance in violation of
10399 Subsection 
58-37-8
(2)(a)(i);
10400 (B) a class B or class C misdemeanor conviction; or
10401 (C) an infraction conviction;
10402 (ii) that involves an individual:
10403 (A) whose total number of convictions in Utah state courts, not including infractions,
10404 traffic offenses, or minor regulatory offenses, does not exceed the limits described in
10405 Subsections 
77-40-105
(5) and (6) without taking into consideration the exception in Subsection
10406 
77-40-105
(8); and
10407 (B) against whom no criminal proceedings are pending in the state; and
10408 (iii) for which the following time periods have elapsed from the day on which the case
10409 is adjudicated:
10410 (A) at least five years for a class C misdemeanor or an infraction;
10411 (B) at least six years for a class B misdemeanor; and
10412 (C) at least seven years for a class A conviction for possession of a controlled
10413 substance in violation of Subsection 
58-37-8
(2)(a)(i).
10414 (b) "Clean slate eligible case" includes a case that is dismissed as a result of a
10415 successful completion of a plea in abeyance agreement governed by Subsection 
77-2a-3
(2)(b)
10416 if:
10417 (i) except as provided in Subsection (5)(c), each charge within the case is:
10418 (A) a misdemeanor for possession of a controlled substance in violation of Subsection
10419 
58-37-8
(2)(a)(i);
10420 (B) a class B or class C misdemeanor; or
10421 (C) an infraction;
10422 (ii) the individual involved meets the requirements of Subsection (5)(a)(ii); and
10423 (iii) the time periods described in Subsections (5)(a)(iii)(A) through (C) have elapsed
10424 from the day on which the case is dismissed.
10425 (c) "Clean slate eligible case" does not include a case:
10426 (i) where the individual is found not guilty by reason of insanity;
10427 (ii) where the case establishes a criminal judgment accounts receivable, as defined in
10428 Section 
77-32a-101
, that:
10429 (A) has been entered as a civil judgment and transferred to the Office of State Debt
10430 Collection; or
10431 (B) has not been satisfied according to court records; 
or
10432 (iii) that resulted in one or more pleas held in abeyance or convictions for the following
10433 offenses:
10434 (A) any of the offenses listed in Subsection 
77-40-105
(2)(a);
10435 (B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
10436 the Person;
10437 (C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
10438 (D) sexual battery in violation of Section 
76-9-702.1
;
10439 (E) an act of lewdness in violation of Section 
76-9-702
 or 
76-9-702.5
;
10440 (F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
10441 and Reckless Driving;
10442 (G) damage to or interruption of a communication device in violation of Section
10443 
76-6-108
;
10444 (H) a domestic violence offense as defined in Section 
77-36-1
; or
10445 (I) any other offense classified in the Utah Code as a felony or a class A misdemeanor
10446 other than a class A misdemeanor conviction for possession of a controlled substance in
10447 violation of Subsection 
58-37-8
(2)(a)(i).
10448 (6) "Conviction" means judgment by a criminal court on a verdict or finding of guilty
10449 after trial, a plea of guilty, or a plea of nolo contendere.
10450 (7) "Department" means the Department of Public Safety established in Section
10451 
53-1-103
.
10452 (8) "Drug possession offense" means an offense under:
10453 (a) Subsection 
58-37-8
(2), except any offense under Subsection 
58-37-8
(2)(b)(i),
10454 possession of 100 pounds or more of marijuana, any offense enhanced under Subsection
10455 
58-37-8
(2)(e), violation in a correctional facility or Subsection 
58-37-8
(2)(g), driving with a
10456 controlled substance illegally in the person's body and negligently causing serious bodily injury
10457 or death of another;
10458 (b) Subsection 
58-37a-5
(1), use or possession of drug paraphernalia;
10459 (c) Section 
58-37b-6
, possession or use of an imitation controlled substance; or
10460 (d) any local ordinance which is substantially similar to any of the offenses described
10461 in this Subsection (8).
10462 (9) "Expunge" means to seal or otherwise restrict access to the individual's record held
10463 by an agency when the record includes a criminal investigation, detention, arrest, or conviction.
10464 (10) "Jurisdiction" means a state, district, province, political subdivision, territory, or
10465 possession of the United States or any foreign country.
10466 (11) "Minor regulatory offense" means any class B or C misdemeanor offense, and any
10467 local ordinance, except:
10468 (a) any drug possession offense;
10469 (b) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
10470 (c) Sections 
73-18-13
 through 
73-18-13.6
;
10471 (d) those offenses defined in Title 76, Utah Criminal Code; or
10472 (e) any local ordinance that is substantially similar to those offenses listed in
10473 Subsections (11)(a) through (d).
10474 (12) "Petitioner" means an individual applying for expungement under this chapter.
10475 (13) (a) "Traffic offense" means:
10476 (i) all infractions, class B misdemeanors, and class C misdemeanors in Title 41,
10477 Chapter 6a, Traffic Code;
10478 (ii) Title 53, Chapter 3, Part 2, Driver Licensing Act;
10479 (iii) Title 73, Chapter 18, State Boating Act; and
10480 (iv) all local ordinances that are substantially similar to those offenses.
10481 (b) "Traffic offense" does not mean:
10482 (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
10483 (ii) Sections 
73-18-13
 through 
73-18-13.6
; or
10484 (iii) any local ordinance that is substantially similar to the offenses listed in
10485 Subsections (13)(b)(i) and (ii).
10486 Section 132. Section 
78A-6-115
 is amended to read:
10487 
78A-6-115.
Hearings -- Record -- County attorney or district attorney
10488 
responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
10489 
evidence -- Medical cannabis.
10490 (1) (a) A verbatim record of the proceedings shall be taken in all cases that might result
10491 in deprivation of custody as defined in this chapter. In all other cases a verbatim record shall
10492 also be made unless dispensed with by the court.
10493 (b) (i) Notwithstanding any other provision, including Title 63G, Chapter 2,
10494 Government Records Access and Management Act, a record of a proceeding made under
10495 Subsection (1)(a) shall be released by the court to any person upon a finding on the record for
10496 good cause.
10497 (ii) Following a petition for a record of a proceeding made under Subsection (1)(a), the
10498 court shall:
10499 (A) provide notice to all subjects of the record that a request for release of the record
10500 has been made; and
10501 (B) allow sufficient time for the subjects of the record to respond before making a
10502 finding on the petition.
10503 (iii) A record of a proceeding may not be released under this Subsection (1)(b) if the
10504 court's jurisdiction over the subjects of the proceeding ended more than 12 months before the
10505 request.
10506 (iv) For purposes of this Subsection (1)(b):
10507 (A) "record of a proceeding" does not include documentary materials of any type
10508 submitted to the court as part of the proceeding, including items submitted under Subsection
10509 (4)(a); and
10510 (B) "subjects of the record" includes the child's guardian ad litem, the child's legal
10511 guardian, the Division of Child and Family Services, and any other party to the proceeding.
10512 (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
10513 prosecution district, the district attorney shall represent the state in any proceeding in a minor's
10514 case.
10515 (b) Subject to the attorney general's prosecutorial discretion in civil enforcement
10516 actions, the attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child and
10517 Family Services, and this chapter, relating to:
10518 (i) protection or custody of an abused, neglected, or dependent child; and
10519 (ii) petitions for termination of parental rights.
10520 (c) The attorney general shall represent the Division of Child and Family Services in
10521 actions involving a minor who is not adjudicated as abused or neglected, but who is receiving
10522 in-home family services under Section 
78A-6-117.5
. Nothing in this Subsection (2)(c) may be
10523 construed to affect the responsibility of the county attorney or district attorney to represent the
10524 state in those matters, in accordance with Subsection (2)(a).
10525 (3) The board may adopt special rules of procedure to govern proceedings involving
10526 violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
10527 involving offenses under Section 
78A-6-606
 are governed by that section regarding suspension
10528 of driving privileges.
10529 (4) (a) For the purposes of determining proper disposition of the minor in dispositional
10530 hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
10531 in hearings upon petitions for termination of parental rights, written reports and other material
10532 relating to the minor's mental, physical, and social history and condition may be received in
10533 evidence and may be considered by the court along with other evidence. The court may require
10534 that the person who wrote the report or prepared the material appear as a witness if the person
10535 is reasonably available.
10536 (b) For the purpose of determining proper disposition of a minor alleged to be or
10537 adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
10538 under Section 
78A-6-315
 may be received in evidence and may be considered by the court
10539 along with other evidence. The court may require any person who participated in preparing the
10540 dispositional report to appear as a witness, if the person is reasonably available.
10541 (5) (a) In an abuse, neglect, or dependency proceeding occurring after the
10542 commencement of a shelter hearing under Section 
78A-6-306
 or the filing of a petition under
10543 Section 
78A-6-304
, each party to the proceeding shall provide in writing to the other parties or
10544 their counsel any information which the party:
10545 (i) plans to report to the court at the proceeding; or
10546 (ii) could reasonably expect would be requested of the party by the court at the
10547 proceeding.
10548 (b) The disclosure required under Subsection (5)(a) shall be made:
10549 (i) for dispositional hearings under Sections 
78A-6-311
 and 
78A-6-312
, no less than
10550 five days before the proceeding;
10551 (ii) for proceedings under Chapter 6, Part 5, Termination of Parental Rights Act, in
10552 accordance with Utah Rules of Civil Procedure; and
10553 (iii) for all other proceedings, no less than five days before the proceeding.
10554 (c) If a party to a proceeding obtains information after the deadline in Subsection
10555 (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
10556 party certifies to the court that the information was obtained after the deadline.
10557 (d) Subsection (5)(a) does not apply to:
10558 (i) pretrial hearings; and
10559 (ii) the frequent, periodic review hearings held in a dependency drug court case to
10560 assess and promote the parent's progress in substance use disorder treatment.
10561 (6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
10562 may, in its discretion, consider evidence of statements made by a child under eight years of age
10563 to a person in a trust relationship.
10564 (7) (a) As used in this Subsection (7):
10565 (i) "Cannabis product" means the same as that term is defined in Section 
26-61a-102
.
10566 (ii) "Dosing parameters" means the same as that term is defined in Section 
26-61a-102
.
10567 (iii) "Medical cannabis" means the same as that term is defined in Section 
26-61a-102
.
10568 (iv) "Medical cannabis cardholder" means the same as that term is defined in Section
10569 
26-61a-102
.
10570 (v) "Qualified medical provider" means the same as that term is defined in Section
10571 
26-61a-102
.
10572 (b) In any child welfare proceeding in which the court makes a finding, determination,
10573 or otherwise considers an individual's possession or use of medical cannabis, a cannabis
10574 product, or a medical cannabis device, the court may not consider or treat the individual's
10575 possession or use any differently than the lawful possession or use of any prescribed controlled
10576 substance if
:
10577 
(i)
 the individual's [
use or
] possession 
or use
 complies with[
: (i)
] Title 4, Chapter 41a,
10578 Cannabis Production Establishments;
10579 (ii) the individual's possession or use complies with Subsection 
58-37-3.7
(2) or (3); or
10580 (iii) (A) the individual's possession or use complies with Title 26, Chapter 61a, Utah
10581 Medical Cannabis Act; and
10582 (B) the individual reasonably complies with the dosing parameters determined by the
10583 individual's qualified medical provider or through a consultation described in Subsection
10584 
26-61a-502
(4) or (5).
10585 (c) A parent's or guardian's use of medical cannabis or a cannabis product is not abuse
10586 or neglect of a child under Section 
78A-6-105
, nor is it contrary to the best interests of a child,
10587 if:
10588 (i) (A) for a medical cannabis cardholder after January 1, 2021, the parent's or
10589 guardian's possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act,
10590 and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably
10591 deviates from the dosing parameters determined by the parent's or guardian's qualified medical
10592 provider or through a consultation described in Subsection 
26-61a-502
(4) or (5); or
10593 (B) before January 1, 2021, the parent's or guardian's possession or use complies with
10594 Subsection 
58-37-3.7
(2) or (3); and
10595 (ii) (A) there is no evidence showing that the child has inhaled, ingested, or otherwise
10596 had cannabis introduced to the child's body; or
10597 (B) there is no evidence showing a nexus between the parent's or guardian's use of
10598 medical cannabis or a cannabis product and behavior that would separately constitute abuse or
10599 neglect of the child.
10600 Section 133. Section 
78B-6-133
 is amended to read:
10601 
78B-6-133.
Contested adoptions -- Rights of parties -- Determination of custody.
10602 (1) If a person whose consent for an adoption is required pursuant to Subsection
10603 
78B-6-120
(1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether
10604 proper grounds exist for the termination of that person's rights pursuant to the provisions of this
10605 chapter or Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
10606 (2) (a) If there are proper grounds to terminate the person's parental rights, the court
10607 shall order that the person's rights be terminated.
10608 (b) If there are not proper grounds to terminate the person's parental rights, the court
10609 shall:
10610 (i) dismiss the adoption petition;
10611 (ii) conduct an evidentiary hearing to determine who should have custody of the child;
10612 and
10613 (iii) award custody of the child in accordance with the child's best interest.
10614 (c) Termination of a person's parental rights does not terminate the right of a relative of
10615 the parent to seek adoption of the child.
10616 (3) Evidence considered at the custody hearing may include:
10617 (a) evidence of psychological or emotional bonds that the child has formed with a third
10618 person, including the prospective adoptive parent; and
10619 (b) any detriment that a change in custody may cause the child.
10620 (4) If the court dismisses the adoption petition, the fact that a person relinquished a
10621 child for adoption or consented to the adoption may not be considered as evidence in a custody
10622 proceeding described in this section, or in any subsequent custody proceeding, that it is not in
10623 the child's best interest for custody to be awarded to such person or that:
10624 (a) the person is unfit or incompetent to be a parent;
10625 (b) the person has neglected or abandoned the child;
10626 (c) the person is not interested in having custody of the child; or
10627 (d) the person has forfeited the person's parental presumption.
10628 (5) Any custody order entered pursuant to this section may also:
10629 (a) include provisions for:
10630 (i) parent-time; or
10631 (ii) visitation by an interested third party; and
10632 (b) provide for the financial support of the child.
10633 (6) (a) If a person or entity whose consent is required for an adoption under Subsection
10634 
78B-6-120
(1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary hearing
10635 and award custody as set forth in Subsection (2).
10636 (b) The court may also finalize the adoption if doing so is in the best interest of the
10637 child.
10638 (7) (a) A person may not contest an adoption after the final decree of adoption is
10639 entered, if that person:
10640 (i) was a party to the adoption proceeding;
10641 (ii) was served with notice of the adoption proceeding; or
10642 (iii) executed a consent to the adoption or relinquishment for adoption.
10643 (b) No person may contest an adoption after one year from the day on which the final
10644 decree of adoption is entered.
10645 (c) The limitations on contesting an adoption action, described in this Subsection (7),
10646 apply to all attempts to contest an adoption:
10647 (i) regardless of whether the adoption is contested directly or collaterally; and
10648 (ii) regardless of the basis for contesting the adoption, including claims of fraud,
10649 duress, undue influence, lack of capacity or competency, mistake of law or fact, or lack of
10650 jurisdiction.
10651 (d) The limitations on contesting an adoption action, described in this Subsection (7),
10652 do not prohibit a timely appeal of:
10653 (i) a final decree of adoption; or
10654 (ii) a decision in an action challenging an adoption, if the action was brought within the
10655 time limitations described in Subsections (7)(a) and (b).
10656 (8) A court that has jurisdiction over a child for whom more than one petition for
10657 adoption is filed shall grant a hearing only under the following circumstances:
10658 (a) to a petitioner:
10659 (i) with whom the child is placed;
10660 (ii) who has custody or guardianship of the child;
10661 (iii) who has filed a written statement with the court within 120 days after the day on
10662 which the shelter hearing is held:
10663 (A) requesting immediate placement of the child with the petitioner; and
10664 (B) expressing the petitioner's intention of adopting the child;
10665 (iv) who is a relative with whom the child has a significant and substantial relationship
10666 and who was unaware, within the first 120 days after the day on which the shelter hearing is
10667 held, of the child's removal from the child's parent; or
10668 (v) who is a relative with whom the child has a significant and substantial relationship
10669 and, in a case where the child is not placed with a relative or is placed with a relative that is
10670 unable or unwilling to adopt the child:
10671 (A) was actively involved in the child's child welfare case with the division or the
10672 juvenile court while the child's parent engaged in reunification services; and
10673 (B) filed a written statement with the court that includes the information described in
10674 Subsections (8)(a)(iii)(A) and (B) within 30 days after the day on which the court terminated
10675 reunification services; 
or
10676 (b) if the child:
10677 (i) has been in the current placement for less than 180 days before the day on which the
10678 petitioner files the petition for adoption; or
10679 (ii) is placed with, or is in the custody or guardianship of, an individual who previously
10680 informed the division or the court that the individual is unwilling or unable to adopt the child.
10681 (9) (a) If the court grants a hearing on more than one petition for adoption, there is a
10682 rebuttable presumption that it is in the best interest of a child to be placed for adoption with a
10683 petitioner:
10684 (i) who has fulfilled the requirements described in Title 78B, Chapter 6, Part 1, Utah
10685 Adoption Act; and
10686 (ii) (A) with whom the child has continuously resided for six months;
10687 (B) who has filed a written statement with the court within 120 days after the day on
10688 which the shelter hearing is held, as described in Subsection (8)(a)(iii); or
10689 (C) who is a relative described in Subsection (8)(a)(iv).
10690 (b) The court may consider other factors relevant to the best interest of the child to
10691 determine whether the presumption is rebutted.
10692 (c) The court shall weigh the best interest of the child uniformly between petitioners if
10693 more than one petitioner satisfies a rebuttable presumption condition described in Subsection
10694 (9)(a).
10695 (10) Nothing in this section shall be construed to prevent the division or the child's
10696 guardian ad litem from appearing or participating in any proceeding for a petition for adoption.
10697 (11) The division shall use best efforts to provide a known relative with timely
10698 information relating to the relative's rights or duties under this section.
10699 Section 134. 
Repealer.
10700 This bill repeals:
10701 Section 
19-2-305
,
Limitation on applying for a tax credit.