Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 209 Second Substitute (2020GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires Utah Valley University to operate a fire and rescue training program, with advice and support from the Utah Fire Prevention Board;
• repeals provisions relating to the Utah Fire Prevention Board's responsibility to establish a fire academy;
• modifies provisions relating to an account used to support operations of the State Fire Marshal Division;
• requires the Utah Fire Prevention Board to provide technical expertise, advice, and support to Utah Valley University with respect to the fire and rescue training program;
• requires Utah Valley University to provide the program without cost to designated individuals;
• requires Utah Valley University and the Utah Fire Prevention Board to enter into a contract to define the terms of their relationship relative to the fire and rescue training program; and
• requires Utah Valley University and the Utah Fire Prevention Board to report on the fire and rescue training program to legislative committees.

Every vote on this bill

Bill text

FIRE AND RESCUE TRAINING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Val L. Peterson
LONG TITLE
General Description:
This bill addresses fire and rescue training programs.
Highlighted Provisions:
This bill:
▸ requires Utah Valley University to operate a fire and rescue training program, with
advice and support from the Utah Fire Prevention Board;
▸ repeals provisions relating to the Utah Fire Prevention Board's responsibility to
establish a fire academy;
▸ modifies provisions relating to an account used to support operations of the State
Fire Marshal Division;
▸ requires the Utah Fire Prevention Board to provide technical expertise, advice, and
support to Utah Valley University with respect to the fire and rescue training
program;
▸ requires Utah Valley University to provide the program without cost to designated
individuals;
▸ requires Utah Valley University and the Utah Fire Prevention Board to enter into a
contract to define the terms of their relationship relative to the fire and rescue
training program; and
▸ requires Utah Valley University and the Utah Fire Prevention Board to report on the
fire and rescue training program to legislative committees.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2021:
▸ to the Department of Public Safety - Public Safety Programs and Operations:
• from the General Fund Restricted - Fire Academy Support Account,
($4,273,000);
▸ to Utah Valley University - Education and General:
• from the Education Fund, $4,700,000;
▸ to the General Fund Restricted - Fire Academy Support Account:
• from the General Fund, ($4,200,000).
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
53-7-204
, as last amended by Laws of Utah 2018, Chapter 152
53-7-204.2
, as last amended by Laws of Utah 2011, Chapter 303
53-7-504
, as enacted by Laws of Utah 2010, Chapter 376
53B-1-301
, as enacted by Laws of Utah 2019, Chapter 324 and last amended by
Coordination Clause, Laws of Utah 2019, Chapter 444
ENACTS:
53B-29-101
, Utah Code Annotated 1953
53B-29-201
, Utah Code Annotated 1953
53B-29-202
, Utah Code Annotated 1953
53B-29-203
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
53-7-204
, as last amended by Laws of Utah 2018, Chapter 152
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-7-204
 is amended to read:
53-7-204.
Duties of Utah Fire Prevention Board -- Unified Code Analysis Council
-- Local administrative duties.
(1) The board shall:
(a) administer the state fire code as the standard in the state;
(b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act:
(i) establishing standards for the prevention of fire and for the protection of life and
property against fire and panic in any:
(A) publicly owned building, including all public and private schools, colleges, and
university buildings;
(B) building or structure used or intended for use as an asylum, a mental hospital, a
hospital, a sanitarium, a home for the elderly, an assisted living facility, a children's home or
day care center, or any building or structure used for a similar purpose; or
(C) place of assemblage where 50 or more persons may gather together in a building,
structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;
(ii) establishing safety and other requirements for placement and discharge of display
fireworks on the basis of:
(A) the state fire code; and
(B) relevant publications of the National Fire Protection Association;
(iii) establishing safety standards for retail storage, handling, and sale of class C
common state approved explosives;
(iv) defining methods to establish proof of competence to place and discharge display
fireworks, special effects fireworks, and flame effects;
(v) subject to Subsection (2), creating a uniform statewide policy regarding a state,
county, special district, and local government entity's safe seizure, storage, and repurposing,
destruction, or disposal of a firework, class A explosive, or class B explosive that:
(A) is illegal; or
(B) a person uses or handles in an illegal manner;
(vi) deputizing qualified persons to act as deputy fire marshals, and to secure special
services in emergencies;
(vii) implementing Section 
15A-1-403
;
(viii) setting guidelines for use of funding;
(ix) establishing criteria for training and safety equipment grants for fire departments
enrolled in firefighter certification;
(x) establishing ongoing training standards for hazardous materials emergency
response agencies; and
(xi) establishing criteria for the fire safety inspection of a food truck;
(c) recommend to the commissioner a state fire marshal;
(d) develop policies under which the state fire marshal and the state fire marshal's
authorized representatives will perform;
(e) provide for the employment of field assistants and other salaried personnel as
required;
(f) prescribe the duties of the state fire marshal and the state fire marshal's authorized
representatives;
[
(g) establish a statewide fire prevention, fire education, and fire service training
program in cooperation with the Board of Regents;
]
(g) provide technical expertise, advice, and support to Utah Valley University in the
establishment and operation of the fire and rescue training program described in Section
53B-29-202;
(h) establish a statewide fire statistics program for the purpose of gathering fire data
from all political subdivisions of the state;
[
(i) establish a fire academy in accordance with Section 
53-7-204.2
;
]
[
(j)
] 
(i)
 coordinate the efforts of all people engaged in fire suppression in the state;
[
(k)
] 
(j)
 work aggressively with the local political subdivisions to reduce fire losses;
[
(l)
] 
(k)
 regulate the sale and servicing of portable fire extinguishers and automatic fire
suppression systems in the interest of safeguarding lives and property;
[
(m)
] 
(l)
 establish a certification program for persons who inspect and test automatic
fire sprinkler systems;
[
(n)
] 
(m)
 establish a certification program for persons who inspect and test fire alarm
systems;
[
(o)
] 
(n)
 establish a certification for persons who provide response services regarding
hazardous materials emergencies;
[
(p)
] 
(o)
 in accordance with Sections 
15A-1-403
 and 
68-3-14
, submit a written report
to the Business and Labor Interim Committee; and
[
(q)
] 
(p)
 jointly create the Unified Code Analysis Council with the Uniform Building
Code Commission in accordance with Section 
15A-1-203
.
(2) (a) In the rules that the board makes under Subsection (1)(b)(v), the board shall
include a provision prohibiting a state, county, special district, or local government entity from
disposing of an item described in Subsection (1)(b)(v) by means of open burning, except under
circumstances described in the rule.
(b) When making a rule under Subsection (1)(b)(v), the board shall:
(i) review and include applicable references to:
(A) requirements described in Title 15A, Chapter 5, State Fire Code Act; and
(B) provisions of the International Fire Code; and
(ii) consider the appropriate role of the following in relation to the rule:
(A) the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
(B) a firework wholesaler or distributor.
(3) The board may incorporate in its rules by reference, in whole or in part:
(a) the state fire code; or
(b) subject to the state fire code, a nationally recognized and readily available standard
pertaining to the protection of life and property from fire, explosion, or panic.
(4) The following functions shall be administered locally by a city, county, or fire
protection district:
(a) issuing permits, including open burning permits pursuant to Sections 
11-7-1
 and
19-2-114
;
(b) creating a local board of appeals in accordance with the state fire code; and
(c) subject to the state fire code and the other provisions of this chapter, establishing,
modifying, or deleting fire flow and water supply requirements.
Section 2. Section 
53-7-204.2
 is amended to read:
53-7-204.2.
Fire Prevention Support Account -- Funding.
(1) [
In
] 
As used in
 this section:
(a) "Account" means the Fire [
Academy
] 
Prevention
 Support Account created in
Subsection [
(4)
] 
(2)
.
(b) "Property insurance premium" means premium paid as consideration for property
insurance as defined in Section 
31A-1-301
.
[
(2) The board shall:
]
[
(a) establish a fire academy that:
]
[
(i) provides instruction and training for paid, volunteer, institutional, and industrial
firefighters;
]
[
(ii) develops new methods of firefighting and fire prevention;
]
[
(iii) provides training for fire and arson detection and investigation;
]
[
(iv) provides public education programs to promote fire safety;
]
[
(v) provides for certification of firefighters, pump operators, instructors, and officers;
and
]
[
(vi) provides facilities for teaching fire-fighting skills;
]
[
(b) establish a cost recovery fee in accordance with Section 
63J-1-504
 for training
commercially employed firefighters; and
]
[
(c) request funding for the academy.
]
[
(3) The board may:
]
[
(a) accept gifts, donations, and grants of property and services on behalf of the fire
academy; and
]
[
(b) enter into contractual agreements necessary to facilitate establishment of the
school.
]
[
(4)
] 
(2)
 (a) To provide a funding source [
for the academy and
] for the general
operation of the [
State Fire Marshal Division
] 
division
, there is created in the General Fund a
restricted account known as the Fire [
Academy
] 
Prevention
 Support Account.
(b) The following revenue shall be deposited in the account to implement this section:
(i) the percentage specified in Subsection [
(5)
] 
(3)
 of the annual tax for each year that
is levied, assessed, and collected under Title 59, Chapter 9, Taxation of Admitted Insurers,
upon property insurance premiums and as applied to fire and allied lines insurance collected by
insurance companies within the state;
(ii) the percentage specified in Subsection [
(6)
] 
(4)
 of all money assessed and collected
upon life insurance premiums within the state;
[
(iii) the cost recovery fees established by the board;
]
[
(iv) gifts, donations, and grants of property on behalf of the fire academy;
]
[
(v)
] 
(iii)
 appropriations made by the Legislature; and
[
(vi)
] 
(iv)
 money collected from civil penalties in accordance with Section 
53-7-504
.
[
(5)
] 
(3)
 The percentage of the tax specified in Subsection [
(4)
] 
(2)
(b)(i) to be
deposited in the account each fiscal year is 25%.
[
(6)
] 
(4)
 The percentage of the money specified in Subsection [
(4)
] 
(2)
(b)(ii) to be
deposited in the account each fiscal year is 5%.
Section 3. Section 
53-7-504
 is amended to read:
53-7-504.
Offenses -- Civil penalties -- Penalty money to be deposited into the Fire
Prevention Support Account.
(1) (a) A person may not sell, offer for sale, or distribute a novelty lighter in this state.
(b) A person may not import a novelty lighter into this state for the purpose of selling
or distributing the novelty lighter within this state.
(c) A person may not possess a novelty lighter in inventory for the purpose of selling or
distributing the novelty lighter within this state.
(2) (a) The state fire marshal may assess a civil penalty against a person who violates
Subsection (1) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) The civil penalty for a violation of Subsection (1) may not exceed:
(i) $10,000 for the importation of novelty lighters;
(ii) $1,000 if the person acts as a wholesaler of novelty lighters or distributes novelty
lighters by means other than distribution directly to consumers; and
(iii) $500 if the person is:
(A) a retail seller of novelty lighters; or
(B) a person distributing novelty lighters, other than as a manufacturer, importer, or
wholesaler.
(3) If a person continues to violate this section after the state fire marshal gives the
person written notice of a violation, each day that the violation continues after written notice is
given is a separate offense subject to a civil penalty.
(4) (a) For purposes of imposing civil penalties, it is prima facie evidence that a lighter
is a novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under
Section 
53-7-503
, or is of a class or type of lighter listed by the state fire marshal as a novelty
lighter.
(b) Listing by the state fire marshal is not a requirement for a determination that a
lighter is a novelty lighter.
(5) All money collected from civil penalties under this section shall be deposited [
in
]
into
 the Fire [
Academy
] 
Prevention
 Support Account created in Section 
53-7-204.2
.
(6) A person may seek judicial review of a final agency action under this part as
provided in Title 63G, Chapter 4, Administrative Procedures Act.
Section 4. Section 
53B-1-301
 is amended to read:
53B-1-301.
Reports to and actions of the Higher Education Appropriations
Subcommittee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Higher Education Appropriations Subcommittee:
(a) the reports described in Sections 
34A-2-202.5
, 
53B-17-804
, and 
59-9-102.5
 by the
Rocky Mountain Center for Occupational and Environmental Health;
(b) the report described in Section 
53B-7-101
 by the board on recommended
appropriations for higher education institutions, including the report described in Section
53B-8-104
 by the board on the effects of offering nonresident partial tuition scholarships;
(c) the report described in Section 
53B-7-704
 by the Department of Workforce
Services and the Governor's Office of Economic Development on targeted jobs;
(d) the reports described in Section 
53B-7-705
 by the board and the Utah System of
Technical Colleges Board of Trustees, respectively, on performance;
(e) the report described in Section 
53B-8-201
 by the board on the Regents' Scholarship
Program;
(f) the report described in Section 
53B-8-303
 by the State Board of Regents regarding
Access Utah promise scholarships;
(g) the report described in Section 
53B-8d-104
 by the Division of Child and Family
Services on tuition waivers for wards of the state;
(h) the report described in Section 
53B-12-107
 by the Utah Higher Education
Assistance Authority;
(i) the report described in Section 
53B-13a-104
 by the board on the Success Stipend
Program;
(j) the report described in Section 
53B-17-201
 by the University of Utah regarding the
Miners' Hospital for Disabled Miners;
(k) the report described in Section 
53B-26-103
 by the Governor's Office of Economic
Development on high demand technical jobs projected to support economic growth;
(l) the report described in Section 
53B-26-202
 by the Medical Education Council on
projected demand for nursing professionals; and
(m) the report described in Section 
53E-10-308
 by the State Board of Education and
State Board of Regents on student participation in the concurrent enrollment program.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Higher Education Appropriations Subcommittee:
(a) upon request, the information described in Section 
53B-8a-111
 submitted by the
Utah Educational Savings Plan;
(b) as described in Section 
53B-26-103
, a proposal by an eligible partnership related to
workforce needs for technical jobs projected to support economic growth;
(c) a proposal described in Section 
53B-26-202
 by an eligible program to respond to
projected demand for nursing professionals; [
and
]
(d) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
on the fire and rescue training program described in Section 
53B-29-202
; and
[
(d)
] 
(e)
 the reports described in Section 
63C-19-202
 by the Higher Education Strategic
Planning Commission on the commission's progress.
(3) In accordance with applicable provisions, the Higher Education Appropriations
Subcommittee shall complete the following:
(a) as required by Section 
53B-7-703
, the review of performance funding described in
Section 
53B-7-703
;
(b) the review described in Section 
53B-7-705
 of the implementation of performance
funding;
(c) an appropriation recommendation described in Section 
53B-26-103
 to fund a
proposal responding to workforce needs of a strategic industry cluster;
(d) an appropriation recommendation described in Section 
53B-26-202
 to fund a
proposal responding to projected demand for nursing professionals; and
(e) review of the report described in Section 
63B-10-301
 by the University of Utah on
the status of a bond and bond payments specified in Section 
63B-10-301
.
Section 5. Section 
53B-29-101
 is enacted to read:
CHAPTER 29. UTAH VALLEY UNIVERSITY
Part 1. General Provisions
 53B-29-101.
Title.
This chapter is known as "Utah Valley University."
Section 6. Section 
53B-29-201
 is enacted to read:
Part 2. Fire and Rescue Training Program
 53B-29-201.
Definitions.
As used in this part:
(1) "Fire and rescue training program" means the program described in Section
53B-29-202
.
(2) "Fire board" means the Utah Fire Prevention Board, created in Section 
53-7-203
.
Section 7. Section 
53B-29-202
 is enacted to read:
 53B-29-202.
Fire prevention, education, and training program.
(1) With technical advice and support from the fire board, Utah Valley University shall
operate a statewide fire and rescue service training program that:
(a) provides instruction, training, and testing for:
(i) Utah Valley University students; and
(ii) firefighters and emergency rescue personnel throughout the state, whether paid or
volunteer;
(b) explores new methods of firefighting, fire training, and fire prevention;
(c) provides training for fire and arson detection and investigation;
(d) provides training to students, firefighters, and emergency rescue personnel on how
to conduct public education programs to promote fire safety;
(e) provides for certification of firefighters, pump operators, instructors, officers, and
rescue personnel; and
(f) provides facilities and props for teaching firefighting and emergency rescue skills.
(2) Utah Valley University shall ensure that the curriculum, training, and facilities
offered in the fire and rescue training program are sufficient to allow individuals who
successfully complete the program to receive applicable certification as a firefighter or
emergency rescue professional.
(3) Utah Valley University and the fire board shall consult together regarding:
(a) the development and content of the curriculum and training of the fire and rescue
training program;
(b) the identification of individuals who will be permitted to participate in the fire and
rescue program without cost; and
(c) the establishment of certification standards and requirements.
(4) Utah Valley University shall allow individuals designated by the fire board to
participate in and complete the fire and rescue training program without cost and to receive
applicable certification.
(5) Utah Valley University and the fire board shall by contract establish terms to:
(a) define the scope and content of the fire and rescue training program;
(b) identify the fire and rescue personnel throughout the state who will be permitted to
participate in the fire and rescue training program without cost; and
(c) define other aspects of the relationship between Utah Valley University and the fire
board relating to the fire and rescue training program that are mutually beneficial.
Section 8. Section 
53B-29-203
 is enacted to read:
 53B-29-203.
Reporting requirement.
In 2023, no later than October 31, 2023, Utah Valley University and the fire board shall
report to the Education Interim Committee, the Law Enforcement and Criminal Justice Interim
Committee, and the Higher Education Appropriations Subcommittee of the Legislature about:
(1) the operation of the fire and rescue training program, including successes and
challenges associated with the operation of the fire and rescue training program; and
(2) the positive aspects of and any concerns relating to the relationship between Utah
Valley University and the fire board with respect to the fire and rescue training program.
Section 9. 
Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
and ending June 30, 2021. These are additions to amounts previously appropriated for
fiscal year 2021.
Section 9a. 
Operating and Capital Budgets.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
ITEM 1
To Department of Public Safety - Public Safety Programs and Operations
From General Fund Restricted - Fire Academy
 Support Account
($4,273,000)
Schedule of Programs:
Fire Fighter Training ($4,273,000)
ITEM 2
To Utah Valley University - Fire and Rescue Training
From Education Fund
$4,500,000
Schedule of Programs:
Fire and Rescue Training $4,500,000
The Legislature intends that Utah Valley University use the money appropriated in this
bill to fund the fire and rescue training program described in Section 
53B-29-202
.
Section 9b. 
Restricted Fund and Account Transfers.
The Legislature authorizes the State Division of Finance to transfer the following
amounts between the following funds or accounts as indicated. Expenditures and outlays from
the funds or accounts to which the money is transferred must be authorized by an
appropriation.
ITEM 3
To General Fund Restricted - Fire Academy Support Account
From General Fund
($4,200,000)
Schedule of Programs:
General Fund Restricted - Fire Academy
 Support Account ($4,200,000)
Section 10. 
 Coordinating S.B. 209 with S.B. 111 -- Superseding technical and
substantive amendment.
If S.B. 209 and S.B. 111, Higher Education Amendments, both pass and become law, it
is the intent of the Legislature that Subsection 
53-7-204
(1)(g) in this bill supersede the
amendments to Subsection 
53-7-204
(1)(g) in S.B. 111 when the Office of Legislative Research
and General Counsel prepares the database for publication.