Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 5005 First Substitute (2020S5)

Sponsor

Rep. Gibson, F.

Final action

Governor Signed 6/25/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

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

Every vote on this bill

Bill text

REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill makes technical changes to provisions of the Utah Code.
Highlighted Provisions:
This bill:
▸ modifies provisions of the Utah Code to make technical corrections, including
making minor wording changes, correcting cross-references, eliminating redundant
or obsolete language, and correcting numbering and other errors.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides special effective dates.
Utah Code Sections Affected:
AMENDS:
10-9a-208
, as last amended by Laws of Utah 2019, Chapter 384
13-43-206
, as last amended by Laws of Utah 2020, Chapter 313
17B-2a-804
, as last amended by Laws of Utah 2020, Chapter 377
17D-3-304
, as last amended by Laws of Utah 2020, Chapter 311
19-3-103.1
, as enacted by Laws of Utah 2020, Chapter 256
19-5-108.5
 (Effective 07/01/20)
, as enacted by Laws of Utah 2020, Chapter 99
20A-7-308
, as last amended by Laws of Utah 2010, Chapter 367
20A-7-605
, as last amended by Laws of Utah 2020, Chapter 349
26-7-14
, as enacted by Laws of Utah 2020, Chapter 221
26-15b-102
, as enacted by Laws of Utah 2020, Chapter 189
26-15b-105
, as enacted by Laws of Utah 2020, Chapter 189
26-18-3.8
, as last amended by Laws of Utah 2020, Chapter 225
26-18-3.9
, as last amended by Laws of Utah 2020, Chapter 225
26-18-408
, as last amended by Laws of Utah 2020, Chapter 225
26-21-34
, as enacted by Laws of Utah 2020, Chapter 251
26-67-102
, as enacted by Laws of Utah 2020, Chapter 169
26-67-204
, as enacted by Laws of Utah 2020, Chapter 169
31A-22-626.5
, as enacted by Laws of Utah 2020, Chapter 310
32B-1-102
, as last amended by Laws of Utah 2020, Chapter 219
41-6a-904
, as last amended by Laws of Utah 2020, Chapter 74
54-3-8
, as last amended by Laws of Utah 2019, Chapter 460
58-4a-107
, as enacted by Laws of Utah 2020, Chapter 107
58-17b-1004
 (Effective 07/01/20)
, as enacted by Laws of Utah 2020, Chapter 372
58-17b-1005
 (Effective 07/01/20)
, as enacted by Laws of Utah 2020, Chapter 372
58-31b-502
, as last amended by Laws of Utah 2020, Chapter 25
58-55-503
, as last amended by Laws of Utah 2020, Chapters 339 and 380
58-60-405
, as last amended by Laws of Utah 2020, Chapters 252 and 339
59-2-1101
 (Effective 01/01/21)
, as last amended by Laws of Utah 2020, Chapters 38
and 305
63G-2-302
, as last amended by Laws of Utah 2020, Chapters 213 and 255
63G-7-701
, as last amended by Laws of Utah 2013, Chapter 278
63I-2-215
, as enacted by Laws of Utah 2019, Chapter 119
63J-1-602.1
 (Effective 10/15/20)
, as last amended by Laws of Utah 2020, Chapters
126, 186, 230, 322, 375, and 405
63J-1-602.1
 (Effective 07/01/20) (Sup 10/15/20)
, as last amended by Laws of Utah
2020, Chapters 126, 186, 230, 322, 375, and 405
72-10-205.5
, as enacted by Laws of Utah 2020, Chapter 243
73-10g-202
, as last amended by Laws of Utah 2020, Chapter 33
73-31-202
, as enacted by Laws of Utah 2020, Chapter 342
76-7-305
, as last amended by Laws of Utah 2020, Chapter 251
78A-6-602
, as last amended by Laws of Utah 2020, Chapters 214, 312 and last
amended by Coordination Clause, Laws of Utah 2020, Chapter 214
78A-6-602.5
, as enacted by Laws of Utah 2020, Chapter 312 and last amended by
Coordination Clause, Laws of Utah 2020, Chapter 214
78B-7-118
 (Effective 07/01/20)
, as enacted by Laws of Utah 2020, Chapter 142
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-208
 is amended to read:
10-9a-208.
Hearing and notice for petition to vacate a public street.
(1) For any petition to vacate some or all of a public street or [
municipality
] 
municipal
utility easement the legislative body shall:
(a) hold a public hearing; and
(b) give notice of the date, place, and time of the hearing, as provided in Subsection
(2).
(2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
body shall ensure that the notice required under Subsection (1)(b) is:
(a) mailed to the record owner of each parcel that is accessed by the public street or
municipal utility easement;
(b) mailed to each affected entity;
(c) posted on or near the public street or municipal utility easement in a manner that is
calculated to alert the public; and
(d) (i) published on the website of the municipality in which the land subject to the
petition is located until the public hearing concludes; and
(ii) published on the Utah Public Notice Website created in Section 
63F-1-701
.
Section 2. Section 
13-43-206
 is amended to read:
13-43-206.
Advisory opinion -- Process.
(1) A request for an advisory opinion under Section 
13-43-205
 shall be:
(a) filed with the Office of the Property Rights Ombudsman; and
(b) accompanied by a filing fee of $150.
(2) The Office of the Property Rights Ombudsman may establish policies providing for
partial fee waivers for a person who is financially unable to pay the entire fee.
(3) A person requesting an advisory opinion need not exhaust administrative remedies,
including remedies described under Section 
10-9a-801
 or 
17-27a-801
, before requesting an
advisory opinion.
(4) The Office of the Property Rights Ombudsman shall:
(a) deliver notice of the request to opposing parties indicated in the request;
(b) inquire of all parties if there are other necessary parties to the dispute; and
(c) deliver notice to all necessary parties.
(5) If a governmental entity is an opposing party, the Office of the Property Rights
Ombudsman shall deliver the request in the manner provided for in Section 
63G-7-401
.
(6) (a) The Office of the Property Rights Ombudsman shall promptly determine if the
parties can agree to a neutral third party to issue an advisory opinion.
(b) If no agreement can be reached within four business days after notice is delivered
pursuant to Subsections (4) and (5), the Office of the Property Rights Ombudsman shall
appoint a neutral third party to issue an advisory opinion.
(7) All parties that are the subject of the request for advisory opinion shall:
(a) share equally in the cost of the advisory opinion; and
(b) provide financial assurance for payment that the neutral third party requires.
(8) The neutral third party shall comply with the provisions of Section 
78B-11-109
,
and shall promptly:
(a) seek a response from all necessary parties to the issues raised in the request for
advisory opinion;
(b) investigate and consider all responses; and
(c) issue a written advisory opinion within 15 business days after the appointment of
the neutral third party under Subsection (6)(b), unless:
(i) the parties agree to extend the deadline; or
(ii) the neutral third party determines that the matter is complex and requires additional
time to render an opinion, which may not exceed 30 calendar days.
(9) An advisory opinion shall include a statement of the facts and law supporting the
opinion's conclusions.
(10) (a) Copies of any advisory opinion issued by the Office of the Property Rights
Ombudsman shall be delivered as soon as practicable to all necessary parties.
(b) A copy of the advisory opinion shall be delivered to the government entity in the
manner provided for in Section 
63G-7-401
.
(11) An advisory opinion issued by the Office of the Property Rights Ombudsman is
not binding on any party to, nor admissible as evidence in, a dispute involving land use law
except as provided in Subsection (12).
(12) Subject to Subsection [
(14)
] 
(13)
, if a dispute involving land use law results in the
issuance of an advisory opinion described in this section, if the same issue that is the subject of
the advisory opinion is subsequently litigated on the same facts and circumstances at issue in
the advisory opinion, and if the relevant issue is resolved consistent with the advisory opinion,
the substantially prevailing party on that cause of action may collect:
(a) reasonable attorney fees and court costs pertaining to the development of that cause
of action from the date of the delivery of the advisory opinion to the date of the court's
resolution; and
(b) subject to Subsection (13), if the court finds that the opposing party knowingly and
intentionally violated the law governing that cause of action, a civil penalty of $250 per day:
(i) beginning on the later of:
(A) 30 days after the day on which the advisory opinion was delivered; or
(B) the day on which the action was filed; and
(ii) ending the day on which the court enters a final judgment.
(13) (a) Subsection (12) does not apply unless the resolution described in Subsection
(12) is final.
(b) A court may not impose a civil penalty under Subsection (12)(b) against or in favor
of a party other than the land use applicant or a government entity.
(14) In addition to any amounts awarded under Subsection (12), if the dispute
described in Subsection (12) in whole or in part concerns an impact fee, and if the result of the
litigation requires that the political subdivision or private entity refund the impact fee in
accordance with Section 
11-36a-603
, the political subdivision or private entity shall refund the
impact fee in an amount that is based on the difference between the impact fee paid and what
the impact fee should have been if the political subdivision or private entity had correctly
calculated the impact fee.
(15) Nothing in this section is intended to create any new cause of action under land
use law.
(16) Unless filed by the local government, a request for an advisory opinion under
Section 
13-43-205
 does not stay the progress of a land use application, the effect of a land use
decision, or the condemning entity's occupancy of a property.
Section 3. Section 
17B-2a-804
 is amended to read:
17B-2a-804.
Additional public transit district powers.
(1) In addition to the powers conferred on a public transit district under Section
17B-1-103
, a public transit district may:
(a) provide a public transit system for the transportation of passengers and their
incidental baggage;
(b) notwithstanding Subsection 
17B-1-103
(2)(g) and subject to Section 
17B-2a-817
,
levy and collect property taxes only for the purpose of paying:
(i) principal and interest of bonded indebtedness of the public transit district; or
(ii) a final judgment against the public transit district if:
(A) the amount of the judgment exceeds the amount of any collectable insurance or
indemnity policy; and
(B) the district is required by a final court order to levy a tax to pay the judgment;
(c) insure against:
(i) loss of revenues from damage to or destruction of some or all of a public transit
system from any cause;
(ii) public liability;
(iii) property damage; or
(iv) any other type of event, act, or omission;
(d) acquire, contract for, lease, construct, own, operate, control, or use:
(i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
parking lot, or any other facility necessary or convenient for public transit service; or
(ii) any structure necessary for access by persons and vehicles;
(e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
equipment, service, employee, or management staff of an operator; and
(ii) provide for a sublease or subcontract by the operator upon terms that are in the
public interest;
(f) operate feeder bus lines and other feeder or ridesharing services as necessary;
(g) accept a grant, contribution, or loan, directly through the sale of securities or
equipment trust certificates or otherwise, from the United States, or from a department,
instrumentality, or agency of the United States;
(h) study and plan transit facilities in accordance with any legislation passed by
Congress;
(i) cooperate with and enter into an agreement with the state or an agency of the state
or otherwise contract to finance to establish transit facilities and equipment or to study or plan
transit facilities;
(j) subject to Subsection 
17B-2a-808.1
(5), issue bonds as provided in and subject to
Chapter 1, Part 11, Local District Bonds, to carry out the purposes of the district;
(k) from bond proceeds or any other available funds, reimburse the state or an agency
of the state for an advance or contribution from the state or state agency;
(l) do anything necessary to avail itself of any aid, assistance, or cooperation available
under federal law, including complying with labor standards and making arrangements for
employees required by the United States or a department, instrumentality, or agency of the
United States;
(m) sell or lease property;
(n) except as provided in Subsection (2)(b), assist in or operate transit-oriented or
transit-supportive developments;
(o) establish, finance, participate as a limited partner or member in a development with
limited liabilities in accordance with Subsection (1)(p), construct, improve, maintain, or
operate transit facilities, equipment, and , in accordance with Subsection (3), transit-oriented
developments or transit-supportive developments; and
(p) subject to the restrictions and requirements in Subsections (2) and (3), assist in a
transit-oriented development or a transit-supportive development in connection with project
area development as defined in Section 
17C-1-102
 by:
(i) investing in a project as a limited partner or a member, with limited liabilities; or
(ii) subordinating an ownership interest in real property owned by the public transit
district.
(2) (a) A public transit district may only assist in the development of areas under
Subsection (1)(p) that have been approved by the board of trustees, and in the manners
described in Subsection (1)(p).
(b) A public transit district may not invest in a transit-oriented development or
transit-supportive development as a limited partner or other limited liability entity under the
provisions of Subsection (1)(p)(i), unless the partners, developer, or other investor in the entity,
makes an equity contribution equal to no less than 25% of the appraised value of the property
to be contributed by the public transit district.
(c) (i) For transit-oriented development projects, a public transit district shall adopt
transit-oriented development policies and guidelines that include provisions on affordable
housing.
(ii) For transit-supportive development projects, a public transit district shall work with
the metropolitan planning organization and city and county governments where the project is
located to collaboratively seek to create joint plans for the areas within one-half mile of transit
stations, including plans for affordable housing.
(d) A current board member of a public transit district to which the board member is
appointed may not have any interest in the transactions engaged in by the public transit district
pursuant to Subsection (1)(p)(i) or (ii), except as may be required by the board member's
fiduciary duty as a board member.
(3) For any transit-oriented development or transit-supportive development authorized
in this section, the public transit district shall:
(a) perform a cost-benefit analysis of the monetary investment and expenditures of the
development, including effect on:
(i) service and ridership;
(ii) regional plans made by the metropolitan planning agency;
(iii) the local economy;
(iv) the environment and air quality;
(v) affordable housing; and
(vi) integration with other modes of transportation; 
and
(b) provide evidence to the public of a quantifiable positive return on investment,
including improvements to public transit service. 
(4) A public transit district may not participate in a transit-oriented development if:
(a) the relevant municipality or county has not developed and adopted a station area
plan; and
(b) (i) for a transit-oriented development involving a municipality, the municipality is
not in compliance with Sections 
10-9a-403
 and 
10-9a-408
 regarding the inclusion of moderate
income housing in the general plan and the required reporting requirements; or
(ii) for a transit-oriented development involving property in an unincorporated area of a
county, the county is not in compliance with Sections 
17-27a-403
 and 
17-27a-408
 regarding
inclusion of moderate income housing in the general plan and required reporting requirements.
(5) A public transit district may be funded from any combination of federal, state,
local, or private funds.
(6) A public transit district may not acquire property by eminent domain.
Section 4. Section 
17D-3-304
 is amended to read:
17D-3-304.
Petition to nominate candidates for appointment to the board of
supervisors.
(1) In addition to the procedure in Section 
17D-3-302
, a person may be nominated to be
a candidate for appointment as a member of a board of supervisors of a conservation district by
a petition filed with the department no later than the date set by the commission as the close of
nominations.
(2) A petition under Subsection (1) shall
:
(a)
 state:
[
(a)
] 
(i)
 the candidate's name;
[
(b)
] 
(ii)
 that the candidate is at least 18 years [
of age;
] 
old; and
[
(c)
] 
(iii)
 that the candidate for appointment is a resident of the conservation district for
which the nomination for candidacy is to be held; and
[
(d)
] 
(b)
 contain the notarized signature of the candidate.
(3) The department shall forward a petition received under this section to the
nominating committee for consideration under Sections 
17D-3-302
 and 
17D-3-303
.
Section 5. Section 
19-3-103.1
 is amended to read:
19-3-103.1.
Board authority and duties under this part.
(1) The board may:
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that are necessary to implement this part;
(b) (i) hold a hearing that is not an adjudicative proceeding; or
(ii) appoint a hearing officer to conduct a hearing that is not an adjudicative
proceeding;
(c) accept, receive, and administer grants or other money or gifts from public and
private agencies, including the federal government, for the purpose of carrying out any function
of this chapter;
(d) order the director to impound radioactive material in accordance with Section
19-3-111
; or
(e) advise, consult, cooperate with, or provide technical assistance to another agency of
the state or federal government, another state, an interstate agency, an affected group, an
affected political subdivision, an affected industry, or other person in carrying out the purposes
of this part.
(2) The board shall:
(a) promote the planning and application of pollution prevention and radioactive waste
minimization measures to prevent the unnecessary waste and depletion of natural resources;
(b) to ensure compliance with applicable statutes and rules:
(i) review a settlement negotiated by the director in accordance with Subsection
19-3-108.1
(2)(c) that requires a civil penalty equal to or greater than $25,000; and
(ii) approve or disapprove the settlement described in Subsection (2)(b)(i); 
and
(c) 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 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 
19-3-108.1
:
(a) a permit;
(b) a license;
(c) a registration;
(d) a certification; or
(e) another administrative authorization made by the director.
Section 6. Section 
19-5-108.5 (Effective 07/01/20)
 is amended to read:
19-5-108.5 (Effective 07/01/20).
Storm water permits.
(1) As used in this section:
(a) "Applicant" means a person who is conducting or proposing to conduct a use of
land and who a permittee requires or allows to use low impact development.
(b) "Independent review" is a review conducted:
(i) in accordance with this section; and
(ii) by an engineer, or engineering firm, designated by the division as having technical
expertise in the area of storm water calculations.
(c) "Low impact development" means structural or natural engineered systems located
close to the source of storm water that use or mimic natural processes to encourage infiltration,
evapotranspiration, or reuse of the storm water.
(d) "Permittee" means a municipality, metro township, or county with a storm water
permit under the Utah Pollutant Discharge Elimination System.
(e) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and
drainage.
(f) "Storm water permit" means a permit issued to a permittee by the division for the
permittee's municipal separate storm sewer system.
(g) "Utah Pollutant Discharge Elimination System" means the state-wide program for
issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits
under [
the Utah Water Quality Act
] 
this chapter
.
(2) A permittee shall reduce any requirement for an applicant to manage or control
storm water runoff rates or storm water runoff volumes for flood control purposes to account
for the reduction in storm water associated with approved low impact development practices.
(3) The director shall create and maintain a list of engineers, including engineering
firms, capable of providing independent review of low impact development designs and storm
water calculations for use by an applicant and a permittee pursuant to an appeal described in
Subsection (4).
(4) (a) An applicant who appeals a permittee's determination regarding
post-construction retention requirements under the permittee's storm water permit may request
the permittee to refer the appeal to independent review for purposes of determining the
technical aspects of the appeal, including:
(i) the required size of any low impact development system;
(ii) the calculations of reductions in storm water runoff rates or storm water runoff
volumes for flood control due to the use of low impact development; and
(iii) the feasibility of constructing low impact development practices required by the
permittee.
(b) If an applicant makes a request under Subsection (4)(a):
(i) the permittee shall:
(A) select an engineer or engineering firm from the list described in Subsection (3);
and
(B) pay one-half of the cost of the independent review.
(ii) An engineer or engineering firm selected by the permittee under Subsection
(4)(b)(i) may not be:
(A) associated with the application that is the subject of the appeal; or
(B) employed by the permittee.
(iii) The applicant shall pay:
(A) one-half of the cost of the independent review; and
(B) the municipality's published appeal fee.
Section 7. Section 
20A-7-308
 is amended to read:
20A-7-308.
Ballot title -- Duties of lieutenant governor and Office of Legislative
Research and General Counsel.
(1) Whenever a referendum petition is declared sufficient for submission to a vote of
the people, the lieutenant governor shall deliver a copy of the petition and the proposed law to
the Office of Legislative Research and General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) entitle each state referendum that has qualified for the ballot "Proposition Number
__" and give it a number as assigned under Section 
20A-6-107
;
(ii) prepare an impartial ballot title for the referendum summarizing the contents of the
measure; and
(iii) return the petition and the ballot title to the lieutenant governor within 15 days
after its receipt.
(b) The ballot title may be distinct from the title of the law that is the subject of the
petition, and shall be not more than 100 words.
(c) The ballot title and the number of the measure as determined by the Office of
Legislative Research and General Counsel shall be printed on the official ballot.
(3) Immediately after the Office of Legislative Research and General Counsel files a
copy of the ballot title with the lieutenant governor, the lieutenant governor shall mail a copy of
the ballot title to any of the sponsors of the petition.
(4) (a) (i) At least three of the sponsors of the petition may, within 15 days of the date
the lieutenant governor mails the ballot title, challenge the wording of the ballot title prepared
by the Office of Legislative Research and General Counsel to the Supreme Court.
(ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
to send notice of the appeal to:
(A) any person or group that has filed an argument for or against the measure that is the
subject of the challenge; or
(B) any political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the person designated to receive notice about any
issues relating to the [
initiative
] 
referendum
.
(b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
Research and General Counsel is an impartial summary of the contents of the referendum.
(ii) The Supreme Court may not revise the wording of the ballot title unless the
plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
patently false or biased.
(c) The Supreme Court shall:
(i) examine the ballot title;
(ii) hear arguments; and
(iii) certify to the lieutenant governor a ballot title for the measure that meets the
requirements of this section.
(d) The lieutenant governor shall certify the title verified by the Supreme Court to the
county clerks to be printed on the official ballot.
Section 8. Section 
20A-7-605
 is amended to read:
20A-7-605.
Obtaining signatures -- Verification -- Removal of signature.
(1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
resides in the local jurisdiction.
(2) (a) The sponsors shall ensure that the individual in whose presence each signature
sheet was signed:
(i) is at least 18 years old and meets the residency requirements of Section 
20A-2-105
;
and
(ii) verifies each signature sheet by completing the verification printed on the last page
of each referendum packet.
(b) An individual may not sign the verification printed on the last page of the
referendum packet if the individual signed a signature sheet in the referendum packet.
(3) (a) Any voter who has signed a referendum petition may have the voter's signature
removed from the petition by submitting a statement to that effect to the county clerk.
(b) Except as provided in Subsection (3)(c), upon receipt of the statement, the county
clerk shall remove the signature of the individual submitting the statement from the referendum
petition.
(c) A county clerk may not remove signatures from a referendum petition later than
seven days after the day on which the sponsors timely submit the last signature packet to the
county clerk.
(4) The sponsors of a referendum petition:
(a) shall, for each signature packet:
(i) within seven days after the day on which the first individual signs the signature
packet, provide a clear, legible image of all signatures on the signature packet to the county
clerk via email or other electronic means; and
(ii) immediately send a new image if the county clerk informs the sponsors that the
image is not clear and legible;
(b) may not permit additional signatures on a signature packet of which the sponsors
have sent an image under Subsection (4)(a); and
(c) may not submit a signature packet to the county clerk unless the sponsors timely
comply with the requirements of Subsection (4)(a) in relation to the signature packet.
(5) Each person who gathers a signature removal statement described in Subsection
(3):
(a) shall, within seven days after the day on which the individual signs the signature
removal statement, provide a clear, legible image of the statement to the county clerk via email
or other electronic means; and
(b) shall, immediately send a new image if the local clerk informs the sender that the
image is not clear and legible; and
(c) may not submit a signature removal statement to the county clerk, unless the sender
timely complies with the requirements of Subsections (5)(a) and (b) in relation to the signature
removal statement.
(6) (a) The county clerk shall provide to an individual, upon request, a document or
electronic list containing the name and voter identification number of each individual who
signed the [
initiative
] 
referendum
 packet.
(b) Subject to Subsection 
20A-7-606.3
(3), the local clerk may begin certifying,
removing, and tallying signatures upon receipt of an image described in Subsection (4) or (5).
Section 9. Section 
26-7-14
 is amended to read:
26-7-14.
Study on violent incidents and fatalities involving substance abuse --
Report.
(1) As used in this section:
(a) "Drug overdose event" means an acute condition, including a decreased level of
consciousness or respiratory depression resulting from the consumption or use of a controlled
substance, or another substance with which a controlled substance or alcohol was combined,
that results in an individual requiring medical assistance.
(b) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
substances.
(c) "Violent incident" means:
(i) aggravated assault as described in Section 
76-5-103
;
(ii) child abuse as described in Section 
76-5-109
;
(iii) an offense described in Title 76, Chapter 5, Part 2, Criminal Homicide;
(iv) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(v) a burglary offense described in Sections 
76-6-202
 through 
76-6-204.5
;
(vi) an offense described in Title 76, Chapter 6, Part 3, Robbery;
(vii) a domestic violence offense, as defined in Section 
77-36-1
; and
(viii) any other violent offense, as determined by the department.
(2) In 2021 and continuing every other year, the department shall provide a report
before October 1 to the Health and Human Services Interim Committee regarding the number
of:
(a) violent incidents and fatalities that occurred in the state during the preceding
calendar year that, at the time of occurrence, involved substance abuse;
(b) drug overdose events in the state during the preceding calendar year; and
(c) recommendations for legislation, if any, to prevent the occurrence of the events
described in Subsections (2)(a) and (b).
(3) Before October 1, 2020, the department shall:
(a) determine what information is necessary to complete the report described in
Subsection (2) and from which local, state, and federal agencies the information may be
obtained;
(b) determine the cost of any research or data collection that is necessary to complete
the report described in Subsection (2);
(c) make recommendations for legislation, if any, that is necessary to facilitate the
research or data collection described in Subsection (3)(b), including recommendations for
legislation to assist with information sharing between local, state, federal, and private entities
and the [
division
] 
department
; and
(d) report the findings described in Subsections (3)(a) through (c) to the Health and
Human Services Interim Committee.
(4) The department may contract with another state agency, private entity, or research
institution to assist the [
division
] 
department
 with the report described in Subsection (2).
Section 10. Section 
26-15b-102
 is amended to read:
26-15b-102.
Definitions.
As used in this chapter:
(1) "Agricultural tourism activity" means the same as that term is defined in Section
78B-4-512
.
(2) "Agritourism" means the same as that term is defined in Section 
78B-4-512
.
(3) "Agritourism food establishment" means a non-commercial kitchen facility where
food is handled, stored, or prepared to be offered for sale on a farm in connection with an
agricultural tourism activity.
(4) "Agritourism food establishment permit" means a permit issued by a local health
department to the operator for the [
purposes
] 
purpose
 of operating an agritourism food
establishment.
(5) "Farm" means a working farm, ranch, or other commercial agricultural,
aquacultural, horticultural, or forestry operation.
(6) "Food" means:
(a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or
ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
(b) chewing gum.
(7) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(8) "Operator" means a person who owns, manages, or controls, or who has the duty to
manage or control, the farm.
(9) "Time/temperature control food" means food that requires time/temperature
controls for safety to limit pathogenic microorganism growth or toxin formation.
Section 11. Section 
26-15b-105
 is amended to read:
26-15b-105.
Permit requirements -- Inspections.
(1) A farm may qualify for an agritourism food establishment permit if:
(a) poultry products that are served at the agritourism 
food
 establishment are
slaughtered and processed in compliance with the Poultry Products Inspection Act, 21 U.S.C.
Sec. 451 et seq., and the applicable regulations issued pursuant to that act;
(b) meat not described in Subsection (1)(a) that is served at the agritourism food
establishment is slaughtered and processed in compliance with the Federal Meat Inspection
Act, 21 U.S.C. Sec. 601 et seq., and the applicable regulations issued pursuant to that act;
(c) a kitchen facility used to prepare food for the agritourism food establishment meets
the requirements established by the department;
(d) the farm operates the agritourism food establishment for no more than 14
consecutive days at a time; and
(e) the farm complies with the requirements of this section.
(2) The department shall, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, make rules regarding sanitation, equipment, and maintenance
requirements for agritourism food establishments.
(3) A local health department shall:
(a) ensure compliance with the rules described in Subsection (2) when inspecting a
kitchen facility;
(b) notwithstanding Section 
26A-1-113
, inspect the kitchen facility of a farm that
requests an agritourism food establishment permit only:
(i) for an initial inspection, no more than one week before the agritourism food
establishment is scheduled to begin operation;
(ii) for an unscheduled inspection:
(A) of an event scheduled to last no more than three days if the local health department
conducts the inspection within three days before or after the day on which the agritourism food
establishment is scheduled to begin operation; or
(B) of an event scheduled to last longer than three days if the local health department
conducts the inspection within three days before or after the day on which the agritourism food
establishment is scheduled to begin operation, or conducts the inspection during operating
hours of the agritourism food establishment; or
(iii) for subsequent inspections if:
(A) the local health department provides the operator with reasonable advanced notice
about an inspection; or
(B) the local health department has a valid reason to suspect that the agritourism food
establishment is the source of an adulterated food or of an outbreak of illness caused by a
contaminated food; and
(c) document the reason for any inspection after the permitting inspection, keep a copy
of that documentation on file with the agritourism food establishment's permit, and provide a
copy of that documentation to the operator.
(4) An agritourism food establishment shall:
(a) take steps to avoid any potential contamination to:
(i) food;
(ii) equipment;
(iii) utensils; or
(iv) unwrapped single-service and single-use articles; and
(b) prevent an individual from entering the food preparation area while food is being
prepared if the individual is known to be suffering from:
(i) symptoms associated with acute gastrointestinal illness; or
(ii) a communicable disease that is transmissible through food.
(5) When making the rules described in Subsection (2), the department may not make
rules regarding:
(a) hand washing facilities, except to require that a hand washing station supplied with
warm water, soap, and disposable hand towels is conveniently located;
(b) kitchen sinks, kitchen sink compartments, and dish sanitation, except to require that
the kitchen sink has hot and cold water, a sanitizing agent, is fully operational, and that dishes
are sanitized between each use;
(c) the individuals allowed access to the food preparation areas, food storage, and
washing areas, except during food preparation;
(d) display guards, covers, or containers for display foods, except to require that any
food on display that is not protected from the direct line of a consumer's mouth by an effective
means is not served or sold to any subsequent consumer;
(e) outdoor display and sale of food, except to require that food is maintained at proper
holding temperatures;
(f) reuse by an individual of drinking cups and tableware for multiple portions;
(g) utensils and equipment, except to require that utensils and equipment used in the
home kitchen:
(i) retain their characteristic qualities under normal use conditions;
(ii) are properly sanitized after use; and
(iii) are maintained in a sanitary manner between uses;
(h) food contact surfaces, except to require that food contact surfaces are smooth,
easily cleanable, in good repair, and properly sanitized between tasks;
(i) non-food contact surfaces, if those surfaces are made of materials ordinarily used in
residential settings, except to require that those surfaces are kept clean from the accumulation
of residue and debris;
(j) clean-in-place equipment, except to require that the equipment is cleaned and
sanitized between uses;
(k) ventilation, except to require that gases, odors, steam, heat, grease, vapors, and
smoke are able to escape the kitchen;
(l) fixed temperature measuring devices or product mimicking sensors for the holding
equipment for time/temperature control food, except to require non-fixed temperature
measuring devices for hot and cold holding of food during storage, serving, and cooling;
(m) fixed floor-mounted and table-mounted equipment except to require that
floor-mounted and table-mounted equipment be in good repair and sanitized between uses;
(n) dedicated laundry facilities, except to require that linens used for the agritourism
food establishment are stored and laundered separately from household laundry and that soiled
laundry is stored to prevent contamination of food and equipment;
(o) water, plumbing, drainage, and waste, except to require that sinks be supplied with
hot water;
(p) the number of and path of access to toilet facilities, except to require that toilet
facilities are equipped with proper handwashing stations;
(q) lighting, except to require that food [
preparations
] 
preparation areas
 are well lit by
natural or artificial light whenever food is being prepared;
(r) designated dressing areas and storage facilities, except to require that items not
ordinarily found in a home kitchen are placed or stored away from food preparation areas, that
dressing takes place outside of the kitchen facility, and that food items are stored in a manner
that does not allow for contamination;
(s) the presence and handling of animals, except to require that all animals are kept
outside of food preparation and service areas during food service and food preparation;
(t) food storage, floor, wall, ceiling, and toilet surfaces, except to require that surfaces
are smooth, of durable construction, easily cleanable, and kept clean and free of debris;
(u) kitchen facilities open to living areas, except to require that food is only prepared,
handled, or stored in kitchen and food storage areas;
(v) submission of plans and specifications before construction or remodel of a kitchen
facility;
(w) the number and type of time/temperature controlled food offered for sale;
(x) approved food sources, except those required by 9 C.F.R. 303.1;
(y) the use of an open air barbeque, grill, or outdoor wood-burning oven; or
(z) food safety certification, except any individual who is involved in the preparation,
storage, or service of food in the agritourism food establishment shall hold a food handler
permit as defined in Section 
26-15-5
.
(6) An operator applying for an agritourism food establishment permit shall provide to
the local health department:
(a) written consent to enter the premises where food is prepared, cooked, stored, or
harvested for the agritourism food establishment; and
(b) written standard operating procedures that include:
(i) all food that will be stored, handled, and prepared;
(ii) the proposed procedures and methods of food preparation and handling;
(iii) procedures, methods, and schedules for cleaning utensils and equipment;
(iv) procedures and methods for the disposal of refuse; and
(v) a plan for maintaining time/temperature controlled food at the appropriate
temperatures for each time/temperature controlled food.
(7) In addition to a fee charged under Section 
26-15b-103
, if the local health
department is required to inspect the farm as a source of an adulterated food or an outbreak of
illness caused by a contaminated food and finds, as a result of that inspection, that the farm has
produced an adulterated food or was the source of an outbreak of illness caused by a
contaminated food, the local health department may charge and collect from the farm a fee for
that inspection.
(8) An agritourism food establishment permit:
(a) is nontransferable;
(b) is renewable on an annual basis;
(c) is restricted to the location listed on the permit; and
(d) shall provide the operator the opportunity to update the food types and products
handled without requiring the operator to renew the permit.
(9) This section does not prohibit an operator from applying for a different type of food
event permit from a local health department.
Section 12. Section 
26-18-3.8
 is amended to read:
26-18-3.8.
Maximizing use of premium assistance programs -- Utah's Premium
Partnership for Health Insurance.
(1) (a) The department shall seek to maximize the use of Medicaid and Children's
Health Insurance Program funds for assistance in the purchase of private health insurance
coverage for Medicaid-eligible and non-Medicaid-eligible individuals.
(b) The department's efforts to expand the use of premium assistance shall:
(i) include, as necessary, seeking federal approval under all Medicaid and Children's
Health Insurance Program premium assistance provisions of federal law, including provisions
of the Patient Protection and Affordable Care Act, Public Law 111-148;
(ii) give priority to, but not be limited to, expanding the state's Utah Premium
Partnership for Health Insurance Program, including as required under Subsection (2); and
(iii) encourage the enrollment of all individuals within a household in the same plan,
where possible, including enrollment in a plan that allows individuals within the household
transitioning out of Medicaid to retain the same network and benefits they had while enrolled
in Medicaid.
(2) The department shall seek federal approval of an amendment to the state's Utah
Premium Partnership for Health Insurance program to adjust the eligibility determination for
single adults and parents who have an offer of employer sponsored insurance. The amendment
shall:
(a) be within existing appropriations for the Utah Premium Partnership for Health
Insurance program; and
(b) provide that adults who are up to 200% of the federal poverty level are eligible for
premium subsidies in the Utah Premium Partnership for Health Insurance program.
(3) For fiscal year [
2021-22
] 
2020-21
, the department shall seek authority to increase
the maximum premium subsidy per month for adults under the Utah Premium Partnership for
Health Insurance program to $300.
(4) Beginning with fiscal year 2021-22, and in each subsequent year, the department
may increase premium subsidies for single adults and parents who have an offer of
employer-sponsored insurance to keep pace with the increase in insurance premium costs
subject to appropriation of additional funding.
Section 13. Section 
26-18-3.9
 is amended to read:
26-18-3.9.
Expanding the Medicaid program.
(1) As used in this section:
(a) "CMS" means the Centers for Medicare and Medicaid Services in the United States
Department of Health and Human Services.
(b) "Federal poverty level" means the same as that term is defined in Section
26-18-411
.
(c) "Medicaid expansion" means an expansion of the Medicaid program in accordance
with this section.
(d) "Medicaid Expansion Fund" means the Medicaid Expansion Fund created in
Section 
26-36b-208
.
(2) (a) As set forth in Subsections (2) through (5), eligibility criteria for the Medicaid
program shall be expanded to cover additional low-income individuals.
(b) The department shall continue to seek approval from CMS to implement the
Medicaid waiver expansion as defined in Section 
26-18-415
.
(c) The department may implement any provision described in Subsections
26-18-415
(2)(b)(iii) through (viii) in a Medicaid expansion if the department receives approval
from CMS to implement that provision.
(3) The department shall expand the Medicaid program in accordance with this
Subsection (3) if the department:
(a) receives approval from CMS to:
(i) expand Medicaid coverage to eligible individuals whose income is below 95% of
the federal poverty level;
(ii) obtain maximum federal financial participation under 42 U.S.C. Sec. 1396d(b) for
enrolling an individual in the Medicaid expansion under this Subsection (3); and
(iii) permit the state to close enrollment in the Medicaid expansion under this
Subsection (3) if the department has insufficient funds to provide services to new enrollment
under the Medicaid expansion under this Subsection (3);
(b) pays the state portion of costs for the Medicaid expansion under this Subsection (3)
with funds from:
(i) the Medicaid Expansion Fund;
(ii) county contributions to the nonfederal share of Medicaid expenditures; or
(iii) any other contributions, funds, or transfers from a nonstate agency for Medicaid
expenditures; and
(c) closes the Medicaid program to new enrollment under the Medicaid expansion
under this Subsection (3) if the department projects that the cost of the Medicaid expansion
under this Subsection (3) will exceed the appropriations for the fiscal year that are authorized
by the Legislature through an appropriations act adopted in accordance with Title 63J, Chapter
1, Budgetary Procedures Act.
(4) (a) The department shall expand the Medicaid program in accordance with this
Subsection (4) if the department:
(i) receives approval from CMS to:
(A) expand Medicaid coverage to eligible individuals whose income is below 95% of
the federal poverty level;
(B) obtain maximum federal financial participation under 42 U.S.C. Sec. 1396d(y) for
enrolling an individual in the Medicaid expansion under this Subsection (4); and
(C) permit the state to close enrollment in the Medicaid expansion under this
Subsection (4) if the department has insufficient funds to provide services to new enrollment
under the Medicaid expansion under this Subsection (4);
(ii) pays the state portion of costs for the Medicaid expansion under this Subsection (4)
with funds from:
(A) the Medicaid Expansion Fund;
(B) county contributions to the nonfederal share of Medicaid expenditures; or
(C) any other contributions, funds, or transfers from a nonstate agency for Medicaid
expenditures; and
(iii) closes the Medicaid program to new enrollment under the Medicaid expansion
under this Subsection (4) if the department projects that the cost of the Medicaid expansion
under this Subsection (4) will exceed the appropriations for the fiscal year that are authorized
by the Legislature through an appropriations act adopted in accordance with Title 63J, Chapter
1, Budgetary Procedures Act.
(b) The department shall submit a waiver, an amendment to an existing waiver, or a
state plan amendment to CMS to:
(i) administer federal funds for the Medicaid expansion under this Subsection (4)
according to a per capita cap developed by the department that includes an annual inflationary
adjustment, accounts for differences in cost among categories of Medicaid expansion enrollees,
and provides greater flexibility to the state than the current Medicaid payment model;
(ii) limit, in certain circumstances as defined by the department, the ability of a
qualified entity to determine presumptive eligibility for Medicaid coverage for an individual
enrolled in a Medicaid expansion under this Subsection (4);
(iii) impose a lock-out period if an individual enrolled in a Medicaid expansion under
this Subsection (4) violates certain program requirements as defined by the department;
(iv) allow an individual enrolled in a Medicaid expansion under this Subsection (4) to
remain in the Medicaid program for up to a 12-month certification period as defined by the
department; and
(v) allow federal Medicaid funds to be used for housing support for eligible enrollees
in the Medicaid expansion under this Subsection (4).
(5) (a) (i) If CMS does not approve a waiver to expand the Medicaid program in
accordance with Subsection (4)(a) on or before January 1, 2020, the department shall develop
proposals to implement additional flexibilities and cost controls, including cost sharing tools,
within a Medicaid expansion under this Subsection (5) through a request to CMS for a waiver
or state plan amendment.
(ii) The request for a waiver or state plan amendment described in Subsection (5)(a)(i)
shall include:
(A) a path to self-sufficiency for qualified adults in the Medicaid expansion that
includes employment and training as defined in 7 U.S.C. Sec. 2015(d)(4); and
(B) a requirement that an individual who is offered a private health benefit plan by an
employer to enroll in the employer's health plan.
(iii) The department shall submit the request for a waiver or state plan amendment
developed under Subsection (5)(a)(i) on or before March 15, 2020.
(b) Notwithstanding Sections 
26-18-18
 and 
63J-5-204
, and in accordance with this
Subsection (5), eligibility for the Medicaid program shall be expanded to include all persons in
the optional Medicaid expansion population under the Patient Protection and Affordable Care
Act, Pub. L. No. 111-148 and the Health Care Education Reconciliation Act of 2010, Pub. L.
No. 111-152, and related federal regulations and guidance, on the earlier of:
(i) the day on which CMS approves a waiver to implement the provisions described in
Subsections (5)(a)(ii)(A) and (B); or
(ii) July 1, 2020.
(c) The department shall seek a waiver, or an amendment to an existing waiver, from
federal law to:
(i) implement each provision described in Subsections 
26-18-415
(2)(b)(iii) through
(viii) in a Medicaid expansion under this Subsection (5);
(ii) limit, in certain circumstances as defined by the department, the ability of a
qualified entity to determine presumptive eligibility for Medicaid coverage for an individual
enrolled in a Medicaid expansion under this Subsection (5); and
(iii) impose a lock-out period if an individual enrolled in a Medicaid expansion under
this Subsection (5) violates certain program requirements as defined by the department.
(d) The eligibility criteria in this Subsection (5) shall be construed to include all
individuals eligible for the health coverage improvement program under Section 
26-18-411
.
(e) The department shall pay the state portion of costs for a Medicaid expansion under
this Subsection (5) entirely from:
(i) the Medicaid Expansion Fund;
(ii) county contributions to the nonfederal share of Medicaid expenditures; or
(iii) any other contributions, funds, or transfers from a nonstate agency for Medicaid
expenditures.
(f) If the costs of the Medicaid expansion under this Subsection (5) exceed the funds
available under Subsection (5)(e):
(i) the department may reduce or eliminate optional Medicaid services under this
chapter; and
(ii) savings, as determined by the department, from the reduction or elimination of
optional Medicaid services under Subsection (5)(f)(i) shall be deposited into the Medicaid
Expansion Fund; and
(iii) the department may submit to CMS a request for waivers, or an amendment of
existing waivers, from federal law necessary to implement budget controls within the Medicaid
program to address the deficiency.
(g) If the costs of the Medicaid expansion under this Subsection (5) are projected by
the department to exceed the funds available in the current fiscal year under Subsection (5)(e),
including savings resulting from any action taken under Subsection (5)(f):
(i) the governor shall direct the Department of Health, Department of Human Services,
and Department of Workforce Services to reduce commitments and expenditures by an amount
sufficient to offset the deficiency:
(A) proportionate to the share of total current fiscal year General Fund appropriations
for each of those agencies; and
(B) up to 10% of each agency's total current fiscal year General Fund appropriations;
(ii) the Division of Finance shall reduce allotments to the Department of Health,
Department of Human Services, and Department of Workforce Services by a percentage:
(A) proportionate to the amount of the deficiency; and
(B) up to 10% of each agency's total current fiscal year General Fund appropriations;
and
(iii) the Division of Finance shall deposit the total amount from the reduced allotments
described in Subsection (5)(g)(ii) into the Medicaid Expansion Fund.
(6) The department shall maximize federal financial participation in implementing this
section, including by seeking to obtain any necessary federal approvals or waivers.
(7) Notwithstanding Sections 
17-43-201
 and 
17-43-301
, a county does not have to
provide matching funds to the state for the cost of providing Medicaid services to newly
enrolled individuals who qualify for Medicaid coverage under a Medicaid expansion.
(8) The department shall report to the Social Services Appropriations Subcommittee on
or before November 1 of each year that a Medicaid expansion is operational:
(a) the number of individuals who enrolled in the Medicaid expansion;
(b) costs to the state for the Medicaid expansion;
(c) estimated costs to the state for the Medicaid expansion for the current and
following fiscal years;
(d) recommendations to control costs of the Medicaid expansion; and
(e) as calculated in accordance with Subsections 
26-36b-204
(4) and 
26-36c-204
(2), the
state's net cost of the qualified Medicaid expansion.
Section 14. Section 
26-18-408
 is amended to read:
26-18-408.
Incentives to appropriately use emergency department services.
(1) (a) This section applies to the Medicaid program and to the Utah Children's Health
Insurance Program created in Chapter 40, Utah Children's Health Insurance Act.
(b) As used in this section:
(i) "Managed care organization" means a comprehensive full risk managed care
delivery system that contracts with the Medicaid program or the Children's Health Insurance
Program to deliver health care through a managed care plan.
(ii) "Managed care plan" means a risk-based delivery service model authorized by
Section 
26-18-405
 and administered by a managed care organization.
(iii) "Non-emergent care":
(A) means use of the emergency department to receive health care that is non-emergent
as defined by the department by administrative rule adopted in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, and the Emergency Medical Treatment and
Active Labor Act; and
(B) does not mean the medical services provided to an individual required by the
Emergency Medical Treatment and Active Labor Act, including services to conduct a medical
screening examination to determine if the recipient has an emergent or non-emergent condition.
(iv) "Professional compensation" means payment made for services rendered to a
Medicaid recipient by an individual licensed to provide health care services.
(v) "Super-utilizer" means a Medicaid recipient who has been identified by the
recipient's managed care organization as a person who uses the emergency department
excessively, as defined by the managed care organization.
(2) (a) A managed care organization may, in accordance with Subsections (2)(b) and
(c):
(i) audit emergency department services provided to a recipient enrolled in the
managed care plan to determine if non-emergent care was provided to the recipient; and
(ii) establish differential payment for emergent and non-emergent care provided in an
emergency department.
(b) (i) The differential payments under Subsection (2)(a)(ii) do not apply to
professional compensation for services rendered in an emergency department.
(ii) Except in cases of suspected fraud, waste, and abuse, 
a
 managed care organization's
audit of payment under Subsection (2)(a)(i) is limited to the 18-month period of time after the
date on which the medical services were provided to the recipient. If fraud, waste, or abuse is
alleged, the managed care organization's audit of payment under Subsection (2)(a)(i) is limited
to three years after the date on which the medical services were provided to the recipient.
(c) The audits and differential payments under Subsections (2)(a) and (b) apply to
services provided to a recipient on or after July 1, 2015.
(3) A managed care organization shall:
(a) use the savings under Subsection (2) to maintain and improve access to primary
care and urgent care services for all Medicaid or CHIP recipients enrolled in the managed care
plan;
(b) provide viable alternatives for increasing primary care provider reimbursement
rates to incentivize after hours primary care access for recipients; and
(c) report to the department on how the managed care organization complied with this
Subsection (3).
(4) The department may:
(a) through administrative rule adopted by the department, develop quality
measurements that evaluate a managed care organization's delivery of:
(i) appropriate emergency department services to recipients enrolled in the managed
care plan;
(ii) expanded primary care and urgent care for recipients enrolled in the managed care
plan, with consideration of the managed care organization's:
(A) delivery of primary care, urgent care, and after hours care through means other than
the emergency department;
(B) recipient access to primary care providers and community health centers including
evening and weekend access; and
(C) other innovations for expanding access to primary care; and
(iii) quality of care for the managed care plan members;
(b) compare the quality measures developed under Subsection (4)(a) for each managed
care organization; and
(c) develop, by administrative rule, an algorithm to determine assignment of new,
unassigned recipients to specific managed care plans based on the plan's performance in
relation to the quality measures developed pursuant to Subsection (4)(a).
Section 15. Section 
26-21-34
 is amended to read:
26-21-34.
Treatment of miscarried remains.
(1) As used in this section, "miscarried fetus" means a product of human conception,
regardless of gestational age, that has died from a spontaneous or accidental death before
expulsion or extraction from the mother, regardless of the duration of the pregnancy.
(2) (a) A health care facility having possession of a miscarried fetus shall provide for
the final disposition of the miscarried fetus through:
(i) cremation as that term is defined in Section 
58-9-102
; or
(ii) interment.
(b) A health care facility may not conduct the final disposition of a miscarried fetus
less than 72 hours after a woman has her miscarried fetus expelled or extracted in the health
care facility unless:
(i) the parent authorizes the health care facility, in writing, to conduct the final
disposition of the miscarried fetus less than 72 hours after the miscarriage occurs; or
(ii) immediate disposition is required under state or federal law.
(c) A health care facility may serve as an authorizing agent as defined in Section
58-9-102
 with respect to the final disposition of a miscarried fetus if:
(i) the parent provides written authorization for the health care facility to act as the
authorizing agent; or
(ii) (A) more than 72 hours have passed since the miscarriage occurs; and
(B) the parent did not exercise their right to control the final disposition of the
miscarried fetus under Subsection (4)(a).
(d) Within 120 business days after the day on which a miscarriage occurs, a health care
facility possessing miscarried remains shall:
(i) conduct the final disposition of the miscarried remains in accordance with this
section; or
(ii) ensure that the miscarried remains are preserved until final disposition.
(e) A health care facility shall conduct the final disposition under this section in
accordance with applicable state and federal law.
(3) (a) No more than 24 hours after a woman has her miscarried fetus expelled or
extracted in a health care facility, the health care facility shall provide information to the parent
or parents of the miscarried fetus regarding:
(i) the parents' right to determine the final disposition of the miscarried fetus;
(ii) the available options for disposition of the miscarried fetus; and
(iii) counseling that may be available concerning the death of the miscarried fetus.
(b) A health care facility shall:
(i) provide the information described in Subsection (3)(a) through:
(A) a form approved by the department;
(B) an in-person consultation with a physician; or
(C) an in-person consultation with a mental health therapist as defined in Section
58-60-102
; and
(ii) if the parent or parents make a decision under Subsection (4)(b), document the
parent's decision under Subsection (4)(b) in the parent's medical record.
(4) The parents of a miscarried fetus:
(a) have the right to control the final disposition of the miscarried fetus;
(b) if the parents have a preference for disposition of the miscarried fetus, shall inform
the health care facility of the parents' decision for final disposition of the miscarried fetus; and
(c) are responsible for the costs related to the final disposition of the miscarried fetus at
the chosen location if the parents choose a method or location for the final disposition of the
miscarried fetus that is different from the method or location that is usual and customary for the
health care facility.
(5) The form described in Subsection (3)(b)(i) shall include the following information:
"You have the right to decide what you would like to do with the miscarried fetus. You
may decide for the provider to be responsible for disposition of the fetus. The provider may
dispose of the miscarried fetus by burial or cremation. You can ask the provider if you want to
know the specific method for disposition."
(6) (a) A health care facility may not include 
a
 miscarried fetus with other biological,
infectious, or pathological waste.
(b) Fetal tissue that is sent for permanently fixed pathology or used for genetic study is
not subject to the requirements of this section.
(c) (i) A health care facility is responsible for maintaining a record to demonstrate to
the department that the health care facility has complied with the provisions of this section.
(ii) The records described in Subsection (6)(c)(i) shall be:
(A) maintained for at least two years; and
(B) made available to the department for inspection upon request by the department.
Section 16. Section 
26-67-102
 is amended to read:
26-67-102.
Definitions.
As used in this chapter:
(1) "Adult Autism Treatment Account" means the Adult Autism Treatment Account
created in Section [
26-67-204
] 
26-67-205
.
(2) "Advisory committee" means the Adult Autism Treatment Program Advisory
Committee created in Section 
26-1-7
.
(3) "Applied behavior analysis" means the same as that term is defined in Section
31A-22-642
.
(4) "Autism spectrum disorder" means the same as that term is defined in Section
31A-22-642
.
(5) "Program" means the Adult Autism Treatment Program created in Section
26-67-201
.
(6) "Qualified individual" means an individual who:
(a) is at least 22 years [
of age
] 
old
;
(b) is a resident of the state;
(c) has been diagnosed by a qualified professional as having:
(i) an autism spectrum disorder; or
(ii) another neurodevelopmental disorder requiring significant supports through
treatment using applied behavior analysis; and
(d) needs significant supports for a condition described in Subsection (6)(c), as
demonstrated by formal assessments of the individual's:
(i) cognitive ability;
(ii) adaptive ability;
(iii) behavior; and
(iv) communication ability.
(7) "Qualified provider" means a provider that is qualified under Section 
26-67-202
 to
provide services for the program.
Section 17. Section 
26-67-204
 is amended to read:
26-67-204.
Department rulemaking.
The department, in collaboration with the advisory committee, shall make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(1) specify assessment tools and outcomes that a qualified provider may use to
determine the types of supports that a qualified [
individuals
] 
individual
 needs;
(2) define evidence-based treatments that a qualified individual may pay for with grant
funding;
(3) establish criteria for awarding a grant under this chapter;
(4) specify the information that an individual shall submit to demonstrate that the
individual is a qualified individual;
(5) specify the information a provider shall submit to demonstrate that the provider is a
qualified provider; and
(6) specify the content and timing of reports required from a qualified provider,
including a report on actual and projected treatment outcomes for a qualified individual.
Section 18. Section 
31A-22-626.5
 is amended to read:
31A-22-626.5.
Affordable insulin study.
(1) As used in this section, "insulin" means a prescription drug that contains insulin.
(2) The department shall obtain funding through grants to fund a study on insulin costs.
(3) If the department obtains the funding described in Subsection (2), the department
shall, on or before October 30, 2020, complete a study on the cost of insulin manufacturing and
factors that determine the price of insulin.
(4) The department shall use public, readily available data accessible to the department
to conduct the study described in Subsection (3).
(5) The study described in Subsection (3) shall investigate:
(a) current and historical trend information about the wholesale acquisition cost of
insulin;
(b) the cost to produce insulin;
(c) explanations for increases in insulin costs;
(d) expenditures of drug manufacturers in marketing insulin;
(e) manufacturers' net profits from insulin;
(f) the portion of [
a
] drug manufacturers' total net profits that is composed of insulin
net profits;
(g) financial assistance currently available to individuals who use insulin through
patient prescription assistance programs;
(h) value to individuals who use insulin benefits including:
(i) coupons provided directly to individuals who use insulin; and
(ii) programs to assist individuals who use insulin in paying co-payments and
coinsurance;
(i) costs to drug manufacturers of the programs described in Subsection (5)(h);
(j) total value of benefits manufacturers provide in the form of rebates for insulin to
health plans or pharmacy benefit managers in Utah; and
(k) additional information that the department determines will aid the Legislature in
developing policy to reduce insulin prices in Utah.
(6) (a) On or before October 30, 2020, the department shall submit a final report on the
study described in Subsection (3) to the Health and Human Services Interim Committee and
the Business and Labor Interim Committee.
(b) The department's report may include recommendations on legislation for:
(i) increased drug pricing transparency; and
(ii) programs that would meaningfully reduce the cost of insulin.
(c) The final report shall include references to all sources of information and data used
in the report and study, except the department may not disclose information that is proprietary
or protected under state law or federal law or regulation.
Section 19. Section 
32B-1-102
 is amended to read:
32B-1-102.
Definitions.
As used in this title:
(1) "Airport lounge" means a business location:
(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(b) that is located at an international airport with a United States Customs office on the
premises of the international airport.
(2) "Airport lounge license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
(3) "Alcoholic beverage" means the following:
(a) beer; or
(b) liquor.
(4) (a) "Alcoholic product" means a product that:
(i) contains at least .5% of alcohol by volume; and
(ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
in an amount equal to or greater than .5% of alcohol by volume.
(b) "Alcoholic product" includes an alcoholic beverage.
(c) "Alcoholic product" does not include any of the following common items that
otherwise come within the definition of an alcoholic product:
(i) except as provided in Subsection (4)(d), an extract;
(ii) vinegar;
(iii) preserved nonintoxicating cider;
(iv) essence;
(v) tincture;
(vi) food preparation; or
(vii) an over-the-counter medicine.
(d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
when it is used as a flavoring in the manufacturing of an alcoholic product.
(5) "Alcohol training and education seminar" means a seminar that is:
(a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
(b) described in Section 
62A-15-401
.
(6) "Arena" means an enclosed building:
(a) that is managed by:
(i) the same person who owns the enclosed building;
(ii) a person who has a majority interest in each person who owns or manages a space
in the enclosed building; or
(iii) a person who has authority to direct or exercise control over the management or
policy of each person who owns or manages a space in the enclosed building;
(b) that operates as a venue; and
(c) that has an occupancy capacity of at least 12,500.
(7) "Arena license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8c, Arena License Act.
(8) "Banquet" means an event:
(a) that is a private event or a privately sponsored event;
(b) that is held at one or more designated locations approved by the commission in or
on the premises of:
(i) a hotel;
(ii) a resort facility;
(iii) a sports center;
(iv) a convention center;
(v) a performing arts facility; or
(vi) an arena;
(c) for which there is a contract:
(i) between a person operating a facility listed in Subsection (8)(b) and another person
that has common ownership of less than 20% with the person operating the facility; and
(ii) under which the person operating a facility listed in Subsection (8)(b) is required to
provide an alcoholic product at the event; and
(d) at which food and alcoholic products may be sold, offered for sale, or furnished.
(9) "Bar structure" means a surface or structure on a licensed premises if on or at any
place of the surface or structure an alcoholic product is:
(a) stored; or
(b) dispensed.
(10) (a) "Bar establishment license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
(b) "Bar establishment license" includes:
(i) a dining club license;
(ii) an equity license;
(iii) a fraternal license; or
(iv) a bar license.
(11) "Bar license" means a license issued in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 4, Bar Establishment License.
(12) (a) Subject to Subsection [
(10)
] 
(12)
(d), "beer" means a product that:
(i) contains at least .5% of alcohol by volume, but not more than 5% of alcohol by
volume or 4% by weight; and
(ii) is obtained by fermentation, infusion, or decoction of malted grain.
(b) "Beer" may or may not contain hops or other vegetable products.
(c) "Beer" includes a product that:
(i) contains alcohol in the percentages described in Subsection (12)(a); and
(ii) is referred to as:
(A) beer;
(B) ale;
(C) porter;
(D) stout;
(E) lager; or
(F) a malt or malted beverage.
(d) "Beer" does not include a flavored malt beverage.
(13) "Beer-only restaurant license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
(14) "Beer retailer" means a business that:
(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
for consumption on or off the business premises; and
(b) is licensed as:
(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
Retailer Local Authority; or
(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
Chapter 6, Part 7, On-Premise Beer Retailer License.
(15) "Beer wholesaling license" means a license:
(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
retail licensees or off-premise beer retailers.
(16) "Billboard" means a public display used to advertise, including:
(a) a light device;
(b) a painting;
(c) a drawing;
(d) a poster;
(e) a sign;
(f) a signboard; or
(g) a scoreboard.
(17) "Brewer" means a person engaged in manufacturing:
(a) beer;
(b) heavy beer; or
(c) a flavored malt beverage.
(18) "Brewery manufacturing license" means a license issued in accordance with
Chapter 11, Part 5, Brewery Manufacturing License.
(19) "Certificate of approval" means a certificate of approval obtained from the
department under Section 
32B-11-201
.
(20) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
a bus company to a group of persons pursuant to a common purpose:
(a) under a single contract;
(b) at a fixed charge in accordance with the bus company's tariff; and
(c) to give the group of persons the exclusive use of the passenger bus, coach, or other
motor vehicle, and a driver to travel together to one or more specified destinations.
(21) "Church" means a building:
(a) set apart for worship;
(b) in which religious services are held;
(c) with which clergy is associated; and
(d) that is tax exempt under the laws of this state.
(22) "Commission" means the Alcoholic Beverage Control Commission created in
Section 
32B-2-201
.
(23) "Commissioner" means a member of the commission.
(24) "Community location" means:
(a) a public or private school;
(b) a church;
(c) a public library;
(d) a public playground; or
(e) a public park.
(25) "Community location governing authority" means:
(a) the governing body of the community location; or
(b) if the commission does not know who is the governing body of a community
location, a person who appears to the commission to have been given on behalf of the
community location the authority to prohibit an activity at the community location.
(26) "Container" means a receptacle that contains an alcoholic product, including:
(a) a bottle;
(b) a vessel; or
(c) a similar item.
(27) "Convention center" means a facility that is:
(a) in total at least 30,000 square feet; and
(b) otherwise defined as a "convention center" by the commission by rule.
(28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
where seating is provided to a patron for service of food.
(b) "Counter" does not include a dispensing structure.
(29) "Crime involving moral turpitude" is as defined by the commission by rule.
(30) "Department" means the Department of Alcoholic Beverage Control created in
Section 
32B-2-203
.
(31) "Department compliance officer" means an individual who is:
(a) an auditor or inspector; and
(b) employed by the department.
(32) "Department sample" means liquor that is placed in the possession of the
department for testing, analysis, and sampling.
(33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as a dining club license.
(34) "Director," unless the context requires otherwise, means the director of the
department.
(35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
title:
(a) against a person subject to administrative action; and
(b) that is brought on the basis of a violation of this title.
(36) (a) Subject to Subsection (36)(b), "dispense" means:
(i) drawing an alcoholic product; and
(ii) using the alcoholic product at the location from which it was drawn to mix or
prepare an alcoholic product to be furnished to a patron of the retail licensee.
(b) The definition of "dispense" in this Subsection (36) applies only to:
(i) a full-service restaurant license;
(ii) a limited-service restaurant license;
(iii) a reception center license; and
(iv) a beer-only restaurant license.
(37) "Dispensing structure" means a surface or structure on a licensed premises:
(a) where an alcoholic product is dispensed; or
(b) from which an alcoholic product is served.
(38) "Distillery manufacturing license" means a license issued in accordance with
Chapter 11, Part 4, Distillery Manufacturing License.
(39) "Distressed merchandise" means an alcoholic product in the possession of the
department that is saleable, but for some reason is unappealing to the public.
(40) "Equity license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as an equity license.
(41) "Event permit" means:
(a) a single event permit; or
(b) a temporary beer event permit.
(42) "Exempt license" means a license exempt under Section 
32B-1-201
 from being
considered in determining the total number of retail licenses that the commission may issue at
any time.
(43) (a) "Flavored malt beverage" means a beverage:
(i) that contains at least .5% alcohol by volume;
(ii) that is treated by processing, filtration, or another method of manufacture that is not
generally recognized as a traditional process in the production of a beer as described in 27
C.F.R. Sec. 25.55;
(iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
extract; and
(iv) (A) for which the producer is required to file a formula for approval with the
federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
(B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
(b) "Flavored malt beverage" is considered liquor for purposes of this title.
(44) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as a fraternal license.
(45) "Full-service restaurant license" means a license issued in accordance with
Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
(46) (a) "Furnish" means by any means to provide with, supply, or give an individual
an alcoholic product, by sale or otherwise.
(b) "Furnish" includes to:
(i) serve;
(ii) deliver; or
(iii) otherwise make available.
(47) "Guest" means an individual who meets the requirements of Subsection
32B-6-407
(9).
(48) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
(49) "Health care practitioner" means:
(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
Act;
(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
Nurse Practice Act;
(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
Practice Act;
(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
Therapy Practice Act;
(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
Professional Practice Act;
(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act;
(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
Hygienist Practice Act; and
(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act.
(50) (a) "Heavy beer" means a product that:
(i) contains more than 5% alcohol by volume; and
(ii) is obtained by fermentation, infusion, or decoction of malted grain.
(b) "Heavy beer" is considered liquor for the purposes of this title.
(51) "Hospitality amenity license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
(52) "Hotel" means a commercial lodging establishment that:
(a) offers at least 40 rooms as temporary sleeping accommodations for compensation;
(b) is capable of hosting conventions, conferences, and food and beverage functions
under a banquet contract; and
(c) (i) has adequate kitchen or culinary facilities on the premises to provide complete
meals; or
(ii) (A) has at least 1,000 square feet of function space consisting of meeting or dining
rooms that can be reserved for private use under a banquet contract and can accommodate at
least 75 individuals; or
(B) if the establishment is located in a small or unincorporated locality, has an
appropriate amount of function space consisting of meeting or dining rooms that can be
reserved for private use under a banquet contract, as determined by the commission.
(53) "Hotel license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8b, Hotel License Act.
(54) "Identification card" means an identification card issued under Title 53, Chapter 3,
Part 8, Identification Card Act.
(55) "Industry representative" means an individual who is compensated by salary,
commission, or other means for representing and selling an alcoholic product of a
manufacturer, supplier, or importer of liquor.
(56) "Industry representative sample" means liquor that is placed in the possession of
the department for testing, analysis, and sampling by a local industry representative on the
premises of the department to educate the local industry representative of the quality and
characteristics of the product.
(57) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
of an alcoholic product is prohibited by:
(a) law; or
(b) court order.
(58) "Intoxicated" means that a person:
(a) is significantly impaired as to the person's mental or physical functions as a result of
the use of:
(i) an alcoholic product;
(ii) a controlled substance;
(iii) a substance having the property of releasing toxic vapors; or
(iv) a combination of Subsections (58)(a)(i) through (iii); and
(b) exhibits plain and easily observed outward manifestations of behavior or physical
signs produced by the overconsumption of an alcoholic product.
(59) "Investigator" means an individual who is:
(a) a department compliance officer; or
(b) a nondepartment enforcement officer.
(60) "License" means:
(a) a retail license;
(b) a sublicense;
(c) a license issued in accordance with Chapter 11, Manufacturing and Related
Licenses Act;
(d) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
(e) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
(f) a license issued in accordance with Chapter 17, Liquor Transport License Act.
(61) "Licensee" means a person who holds a license.
(62) "Limited-service restaurant license" means a license issued in accordance with
Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
(63) "Limousine" means a motor vehicle licensed by the state or a local authority, other
than a bus or taxicab:
(a) in which the driver and a passenger are separated by a partition, glass, or other
barrier;
(b) that is provided by a business entity to one or more individuals at a fixed charge in
accordance with the business entity's tariff; and
(c) to give the one or more individuals the exclusive use of the limousine and a driver
to travel to one or more specified destinations.
(64) (a) (i) "Liquor" means a liquid that:
(A) is:
(I) alcohol;
(II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
(III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
(IV) other drink or drinkable liquid; and
(B) (I) contains at least .5% alcohol by volume; and
(II) is suitable to use for beverage purposes.
(ii) "Liquor" includes:
(A) heavy beer;
(B) wine; and
(C) a flavored malt beverage.
(b) "Liquor" does not include beer.
(65) "Liquor Control Fund" means the enterprise fund created by Section 
32B-2-301
.
(66) "Liquor transport license" means a license issued in accordance with Chapter 17,
Liquor Transport License Act.
(67) "Liquor warehousing license" means a license that is issued:
(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
(b) to a person, other than a licensed manufacturer, who engages in the importation for
storage, sale, or distribution of liquor regardless of amount.
(68) "Local authority" means:
(a) for premises that are located in an unincorporated area of a county, the governing
body of a county;
(b) for premises that are located in an incorporated city, town, or metro township, the
governing body of the city, town, or metro township; or
(c) for premises that are located in a project area as defined in Section [
63H-1-201
]
63H-1-102
 and in a project area plan adopted by the Military Installation Development
Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the
Military Installation Development Authority.
(69) "Lounge or bar area" is as defined by rule made by the commission.
(70) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
otherwise make an alcoholic product for personal use or for sale or distribution to others.
(71) "Member" means an individual who, after paying regular dues, has full privileges
in an equity licensee or fraternal licensee.
(72) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
or homeport facility for a ship:
(i) (A) under the control of the United States Department of Defense; or
(B) of the National Guard;
(ii) that is located within the state; and
(iii) including a leased facility.
(b) "Military installation" does not include a facility used primarily for:
(i) civil works;
(ii) a rivers and harbors project; or
(iii) a flood control project.
(73) "Minibar" means an area of a hotel guest room where one or more alcoholic
products are kept and offered for self-service sale or consumption.
(74) "Minor" means an individual under the age of 21 years.
(75) "Nondepartment enforcement agency" means an agency that:
(a) (i) is a state agency other than the department; or
(ii) is an agency of a county, city, town, or metro township; and
(b) has a responsibility to enforce one or more provisions of this title.
(76) "Nondepartment enforcement officer" means an individual who is:
(a) a peace officer, examiner, or investigator; and
(b) employed by a nondepartment enforcement agency.
(77) (a) "Off-premise beer retailer" means a beer retailer who is:
(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
premises.
(b) "Off-premise beer retailer" does not include an on-premise beer retailer.
(78) "Off-premise beer retailer state license" means a state license issued in accordance
with Chapter 7, Part 4, Off-Premise Beer Retailer State License.
(79) "On-premise banquet license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
(80) "On-premise beer retailer" means a beer retailer who is:
(a) authorized to sell, offer for sale, or furnish beer under a license issued in
accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
Retailer License; and
(b) engaged in the sale of beer to a patron for consumption on the beer retailer's
premises:
(i) regardless of whether the beer retailer sells beer for consumption off the licensed
premises; and
(ii) on and after March 1, 2012, operating:
(A) as a tavern; or
(B) in a manner that meets the requirements of Subsection 
32B-6-703
(2)(e)(i).
(81) "Opaque" means impenetrable to sight.
(82) "Package agency" means a retail liquor location operated:
(a) under an agreement with the department; and
(b) by a person:
(i) other than the state; and
(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
Agency, to sell packaged liquor for consumption off the premises of the package agency.
(83) "Package agent" means a person who holds a package agency.
(84) "Patron" means an individual to whom food, beverages, or services are sold,
offered for sale, or furnished, or who consumes an alcoholic product including:
(a) a customer;
(b) a member;
(c) a guest;
(d) an attendee of a banquet or event;
(e) an individual who receives room service;
(f) a resident of a resort; or
(g) a hospitality guest, as defined in Section 
32B-6-1002
, under a hospitality amenity
license.
(85) (a) "Performing arts facility" means a multi-use performance space that:
(i) is primarily used to present various types of performing arts, including dance,
music, and theater;
(ii) contains over 2,500 seats;
(iii) is owned and operated by a governmental entity; and
(iv) is located in a city of the first class.
(b) "Performing arts facility" does not include a space that is used to present sporting
events or sporting competitions.
(86) "Permittee" means a person issued a permit under:
(a) Chapter 9, Event Permit Act; or
(b) Chapter 10, Special Use Permit Act.
(87) "Person subject to administrative action" means:
(a) a licensee;
(b) a permittee;
(c) a manufacturer;
(d) a supplier;
(e) an importer;
(f) one of the following holding a certificate of approval:
(i) an out-of-state brewer;
(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
(g) staff of:
(i) a person listed in Subsections (87)(a) through (f); or
(ii) a package agent.
(88) "Premises" means a building, enclosure, or room used in connection with the
storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
unless otherwise defined in this title or rules made by the commission.
(89) "Prescription" means an order issued by a health care practitioner when:
(a) the health care practitioner is licensed under Title 58, Occupations and Professions,
to prescribe a controlled substance, other drug, or device for medicinal purposes;
(b) the order is made in the course of that health care practitioner's professional
practice; and
(c) the order is made for obtaining an alcoholic product for medicinal purposes only.
(90) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
(b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
(91) "Principal license" means:
(a) a resort license;
(b) a hotel license; or
(c) an arena license.
(92) (a) "Private event" means a specific social, business, or recreational event:
(i) for which an entire room, area, or hall is leased or rented in advance by an identified
group; and
(ii) that is limited in attendance to people who are specifically designated and their
guests.
(b) "Private event" does not include an event to which the general public is invited,
whether for an admission fee or not.
(93) "Privately sponsored event" means a specific social, business, or recreational
event:
(a) that is held in or on the premises of an on-premise banquet licensee; and
(b) to which entry is restricted by an admission fee.
(94) (a) "Proof of age" means:
(i) an identification card;
(ii) an identification that:
(A) is substantially similar to an identification card;
(B) is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(C) includes date of birth; and
(D) has a picture affixed;
(iii) a valid driver license certificate that:
(A) includes date of birth;
(B) has a picture affixed; and
(C) is issued:
(I) under Title 53, Chapter 3, Uniform Driver License Act; or
(II) in accordance with the laws of the state in which it is issued;
(iv) a military identification card that:
(A) includes date of birth; and
(B) has a picture affixed; or
(v) a valid passport.
(b) "Proof of age" does not include a driving privilege card issued in accordance with
Section 
53-3-207
.
(95) "Provisions applicable to a sublicense" means:
(a) for a full-service restaurant sublicense, the provisions applicable to a full-service
restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
(b) for a limited-service restaurant sublicense, the provisions applicable to a
limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
(c) for a bar establishment sublicense, the provisions applicable to a bar establishment
license under Chapter 6, Part 4, Bar Establishment License;
(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
banquet license under Chapter 6, Part 6, On-Premise Banquet License;
(e) for an on-premise beer retailer sublicense, the provisions applicable to an
on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer license;
(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
license under Chapter 6, Part 10, Hospitality Amenity License; and
(h) for a resort spa sublicense, the provisions applicable to the sublicense under
Chapter 8d, Part 2, Resort Spa Sublicense.
(96) (a) "Public building" means a building or permanent structure that is:
(i) owned or leased by:
(A) the state; or
(B) a local government entity; and
(ii) used for:
(A) public education;
(B) transacting public business; or
(C) regularly conducting government activities.
(b) "Public building" does not include a building owned by the state or a local
government entity when the building is used by a person, in whole or in part, for a proprietary
function.
(97) "Public conveyance" means a conveyance that the public or a portion of the public
has access to and a right to use for transportation, including an airline, railroad, bus, boat, or
other public conveyance.
(98) "Reception center" means a business that:
(a) operates facilities that are at least 5,000 square feet; and
(b) has as its primary purpose the leasing of the facilities described in Subsection
(98)(a) to a third party for the third party's event.
(99) "Reception center license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 8, Reception Center License.
(100) (a) "Record" means information that is:
(i) inscribed on a tangible medium; or
(ii) stored in an electronic or other medium and is retrievable in a perceivable form.
(b) "Record" includes:
(i) a book;
(ii) a book of account;
(iii) a paper;
(iv) a contract;
(v) an agreement;
(vi) a document; or
(vii) a recording in any medium.
(101) "Residence" means a person's principal place of abode within Utah.
(102) "Resident," in relation to a resort, means the same as that term is defined in
Section 
32B-8-102
.
(103) "Resort" means the same as that term is defined in Section 
32B-8-102
.
(104) "Resort facility" is as defined by the commission by rule.
(105) "Resort spa sublicense" means a resort license sublicense issued in accordance
with Chapter 8d, Part 2, Resort Spa Sublicense.
(106) "Resort license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8, Resort License Act.
(107) "Responsible alcohol service plan" means a written set of policies and
procedures that outlines measures to prevent employees from:
(a) over-serving alcoholic beverages to customers;
(b) serving alcoholic beverages to customers who are actually, apparently, or obviously
intoxicated; and
(c) serving alcoholic beverages to minors.
(108) "Restaurant" means a business location:
(a) at which a variety of foods are prepared;
(b) at which complete meals are served; and
(c) that is engaged primarily in serving meals.
(109) "Restaurant license" means one of the following licenses issued under this title:
(a) a full-service restaurant license;
(b) a limited-service restaurant license; or
(c) a beer-only restaurant license.
(110) "Retail license" means one of the following licenses issued under this title:
(a) a full-service restaurant license;
(b) a master full-service restaurant license;
(c) a limited-service restaurant license;
(d) a master limited-service restaurant license;
(e) a bar establishment license;
(f) an airport lounge license;
(g) an on-premise banquet license;
(h) an on-premise beer license;
(i) a reception center license;
(j) a beer-only restaurant license;
(k) a hospitality amenity license;
(l) a resort license;
(m) a hotel license; or
(n) an arena license.
(111) "Room service" means furnishing an alcoholic product to a person in a guest
room of a:
(a) hotel; or
(b) resort facility.
(112) (a) "School" means a building in which any part is used for more than three
hours each weekday during a school year as a public or private:
(i) elementary school;
(ii) secondary school; or
(iii) kindergarten.
(b) "School" does not include:
(i) a nursery school;
(ii) a day care center;
(iii) a trade and technical school;
(iv) a preschool; or
(v) a home school.
(113) "Secondary flavoring ingredient" means any spirituous liquor added to a
beverage for additional flavoring that is different in type, flavor, or brand from the primary
spirituous liquor in the beverage.
(114) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
delivered for value, or by a means or under a pretext is promised or obtained, whether done by
a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
made by the commission.
(115) "Serve" means to place an alcoholic product before an individual.
(116) "Sexually oriented entertainer" means a person who while in a state of
seminudity appears at or performs:
(a) for the entertainment of one or more patrons;
(b) on the premises of:
(i) a bar licensee; or
(ii) a tavern;
(c) on behalf of or at the request of the licensee described in Subsection (116)(b);
(d) on a contractual or voluntary basis; and
(e) whether or not the person is designated as:
(i) an employee;
(ii) an independent contractor;
(iii) an agent of the licensee; or
(iv) a different type of classification.
(117) "Shared seating area" means the licensed premises of two or more restaurant
licensees that the restaurant licensees share as an area for alcoholic beverage consumption in
accordance with Subsection 
32B-5-207
(3).
(118) "Single event permit" means a permit issued in accordance with Chapter 9, Part
3, Single Event Permit.
(119) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
beer, heavy beer, and flavored malt beverages per year.
(120) "Small or unincorporated locality" means:
(a) a city of the third, fourth, or fifth class, as classified under Section 
10-2-301
;
(b) a town, as classified under Section 
10-2-301
; or
(c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
under Section 
17-50-501
.
(121) "Special use permit" means a permit issued in accordance with Chapter 10,
Special Use Permit Act.
(122) (a) "Spirituous liquor" means liquor that is distilled.
(b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
(123) "Sports center" is as defined by the commission by rule.
(124) (a) "Staff" means an individual who engages in activity governed by this title:
(i) on behalf of a business, including a package agent, licensee, permittee, or certificate
holder;
(ii) at the request of the business, including a package agent, licensee, permittee, or
certificate holder; or
(iii) under the authority of the business, including a package agent, licensee, permittee,
or certificate holder.
(b) "Staff" includes:
(i) an officer;
(ii) a director;
(iii) an employee;
(iv) personnel management;
(v) an agent of the licensee, including a managing agent;
(vi) an operator; or
(vii) a representative.
(125) "State of nudity" means:
(a) the appearance of:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus; or
(b) a state of dress that fails to opaquely cover:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus.
(126) "State of seminudity" means a state of dress in which opaque clothing covers no
more than:
(a) the nipple and areola of the female human breast in a shape and color other than the
natural shape and color of the nipple and areola; and
(b) the human genitals, pubic area, and anus:
(i) with no less than the following at its widest point:
(A) four inches coverage width in the front of the human body; and
(B) five inches coverage width in the back of the human body; and
(ii) with coverage that does not taper to less than one inch wide at the narrowest point.
(127) (a) "State store" means a facility for the sale of packaged liquor:
(i) located on premises owned or leased by the state; and
(ii) operated by a state employee.
(b) "State store" does not include:
(i) a package agency;
(ii) a licensee; or
(iii) a permittee.
(128) (a) "Storage area" means an area on licensed premises where the licensee stores
an alcoholic product.
(b) "Store" means to place or maintain in a location an alcoholic product.
(129) "Sublicense" means:
(a) any of the following licenses issued as a subordinate license to, and contingent on
the issuance of, a principal license:
(i) a full-service restaurant license;
(ii) a limited-service restaurant license;
(iii) a bar establishment license;
(iv) an on-premise banquet license;
(v) an on-premise beer retailer license;
(vi) a beer-only restaurant license; or
(vii) a hospitality amenity license; or
(b) a resort spa sublicense.
(130) "Supplier" means a person who sells an alcoholic product to the department.
(131) "Tavern" means an on-premise beer retailer who is:
(a) issued a license by the commission in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
On-Premise Beer Retailer License.
(132) "Temporary beer event permit" means a permit issued in accordance with
Chapter 9, Part 4, Temporary Beer Event Permit.
(133) "Temporary domicile" means the principal place of abode within Utah of a
person who does not have a present intention to continue residency within Utah permanently or
indefinitely.
(134) "Translucent" means a substance that allows light to pass through, but does not
allow an object or person to be seen through the substance.
(135) "Unsaleable liquor merchandise" means a container that:
(a) is unsaleable because the container is:
(i) unlabeled;
(ii) leaky;
(iii) damaged;
(iv) difficult to open; or
(v) partly filled;
(b) (i) has faded labels or defective caps or corks;
(ii) has contents that are:
(A) cloudy;
(B) spoiled; or
(C) chemically determined to be impure; or
(iii) contains:
(A) sediment; or
(B) a foreign substance; or
(c) is otherwise considered by the department as unfit for sale.
(136) (a) "Wine" means an alcoholic product obtained by the fermentation of the
natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
another ingredient is added.
(b) "Wine" includes:
(i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
4.10; and
(ii) hard cider.
(c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
in this title.
(137) "Winery manufacturing license" means a license issued in accordance with
Chapter 11, Part 3, Winery Manufacturing License.
Section 20. Section 
41-6a-904
 is amended to read:
41-6a-904.
Approaching emergency vehicle -- Necessary signals -- Stationary
emergency vehicle -- Duties of respective operators.
(1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon
the immediate approach of an authorized emergency vehicle using audible or visual signals
under Section 
41-6a-212
 or 
41-6a-1625
, shall:
(a) yield the right-of-way and immediately move to a position parallel to, and as close
as possible to, the right-hand edge or curb of the highway, clear of any intersection; and
(b) then stop and remain stopped until the authorized emergency vehicle has passed.
(2) (a) The operator of a vehicle, upon approaching a stationary authorized emergency
vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
(i) reduce the speed of the vehicle;
(ii) provide as much space as practical to the stationary authorized emergency vehicle;
and
(iii) if traveling in a lane adjacent to the stationary authorized emergency vehicle and if
practical, with due regard to safety and traffic conditions, make a lane change into a lane not
adjacent to the authorized emergency vehicle.
(b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
stationary authorized emergency vehicle that is displaying alternately flashing red, red and
white, or red and blue lights, the requirements in Subsection (2)(a) apply.
(ii) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
authorized emergency vehicle that is displaying alternately flashing red, red and white, or red
and blue lights, shall, if practical, with due regard to safety and traffic conditions, make a lane
change out of the HOV lane into a lane not adjacent to the authorized emergency vehicle.
(3) (a) The operator of a vehicle, upon approaching a stationary tow truck or highway
maintenance vehicle that is displaying flashing amber lights, shall:
(i) reduce the speed of the vehicle;
(ii) provide as much space as practical to the stationary tow truck or highway
maintenance vehicle; and
(iii) if traveling in a lane adjacent to the stationary tow truck or highway maintenance
vehicle, if practical and with due regard to safety and traffic conditions, make a lane change
into a lane not adjacent to the tow truck or highway maintenance vehicle.
(b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
stationary tow truck or highway maintenance vehicle that is displaying flashing amber lights,
the requirements in Subsection (3)(a) apply.
(ii) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
tow truck or highway maintenance vehicle that is displaying flashing amber lights, shall, if
practical, with due regard to safety and traffic conditions, make a lane change out of the HOV
lane into a lane not adjacent to the tow truck or highway maintenance vehicle.
(4) When an authorized emergency vehicle is using audible or visual signals under
Section 
41-6a-212
 or 
41-6a-1625
, the operator of a vehicle may not:
(a) follow closer than 500 feet behind the authorized emergency vehicle;
(b) pass the authorized emergency vehicle, if the authorized emergency vehicle is
moving; or
(c) stop the vehicle within 500 feet of a fire apparatus which has stopped in answer to a
fire alarm.
(5) This section does not relieve the operator of an authorized emergency vehicle, tow
truck, or highway maintenance vehicle from the duty to drive with regard for the safety of all
persons using the highway.
(6) (a) (i) In addition to the penalties prescribed under Subsection (8), a person who
violates this section shall attend a four hour live classroom defensive driving course approved
by:
(A) the Driver License Division; or
(B) a court in this state.
(ii) Upon completion of the four hour live classroom course under Subsection (6)(a)(i),
the person shall provide to the Driver License Division a certificate of attendance of the
classroom course.
(b) The Driver License Division shall suspend a person's driver license for a period of
90 days if the person:
(i) violates a provision of Subsections (1) through (3); and
(ii) fails to meet the requirements of Subsection (6)(a)(i) within 90 days of sentencing
for or pleading guilty to a violation of this section.
(c) Notwithstanding the provisions of Subsection (6)(b), the Driver License Division
shall shorten the 90-day suspension period imposed under Subsection (6)(b) effective
immediately upon receiving a certificate of attendance of the four hour live classroom course
required under Subsection (6)(a)(i) if the certificate of attendance is received before the
completion of the suspension period.
(d) A person whose license is suspended under Subsection (6)(b) and a person whose
suspension is shortened as described under Subsection (6)(c) shall pay the license reinstatement
fees under Subsection 
53-3-105
(26).
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Driver License Division shall make rules to implement the provisions of this part.
(8) A violation of Subsection (1), (2), [
or
] (3)
, or (4)
 is an infraction.
Section 21. Section 
54-3-8
 is amended to read:
54-3-8.
Preferences forbidden -- Power of commission to determine facts --
Applicability of section.
(1) Except as provided in Chapter 8b, Public Telecommunications Law, a public utility
may not:
(a) as to rates, charges, service, facilities or in any other respect, make or grant any
preference or advantage to any person, or subject any person to any prejudice or disadvantage;
and
(b) establish or maintain any unreasonable difference as to rates, charges, service or
facilities, or in any other respect, either as between localities or as between classes of service.
(2) The commission shall have power to determine any question of fact arising under
this section.
(3) This section does not apply to, and the commission may not enforce this chapter
concerning, a schedule, classification, rate, price, charge, fare, toll, rental, rule, service, facility,
or contract of an entity described in Subsection 
54-2-1
(8)(b)(iii) or (iv), (20), or (22)[
(i)
]
(h)
, or
if the electricity is consumed by an eligible customer for the eligible customer's own use or the
use of the eligible customer's tenant or affiliate.
Section 22. Section 
58-4a-107
 is amended to read:
58-4a-107.
Violation of a program contract -- Adjudicative proceedings --
Penalties.
(1) The division shall serve an order to show cause on the licensee if the licensee:
(a) violates any term or condition of the program contract or diversion agreement;
(b) makes an intentional, material misrepresentation of fact in the program contract or
diversion agreement; or
(c) violates any rule or law governing the licensee's profession.
(2) The order to show cause described in Subsection (1) shall:
(a) describe the alleged misconduct;
(b) set a time and place for a hearing before an administrative law judge to determine
whether the licensee's program contract should be terminated; and
(c) contain all of the information required by a notice of agency action in Subsection
63G-4-201
(2).
(3) Proceedings to terminate a program contract shall comply with the rules for a
formal proceeding described in Title 63G, Chapter 4, Administrative Procedures Act, except
the notice of agency action shall be in the form of the order to show cause 
described
 in
Subsection (2).
(4) In accordance with Subsection 
63G-4-205
(1), the division shall make rules for
discovery adequate to permit all parties to obtain all relevant information necessary to support
their claims or defenses.
(5) During a proceeding to terminate a program contract, the licensee, the licensee's
legal representative, and the division shall have access to information contained in the
division's program file as permitted by law.
(6) The director shall terminate the program contract and place the licensee on
probation for a period of five years, with probationary terms matching the terms of the program
contract, if, during the administrative proceedings described in Subsection (3), the
administrative law judge finds that the licensee has:
(a) violated the program contract;
(b) made an intentional material misrepresentation of fact in the program contract; or
(c) violated a law or rule governing the licensee's profession.
(7) If, during the proceedings described in Subsection (3), the administrative law judge
finds that the licensee has engaged in especially egregious misconduct, the director may revoke
the licensee's license.
(8) A licensee who is terminated from the program may have disciplinary action taken
under Title 58, Chapter 1, Part 4, License Denial, for misconduct committed before, during, or
after the licensee's participation in the program.
Section 23. Section 
58-17b-1004 (Effective 07/01/20)
 is amended to read:
58-17b-1004 (Effective 07/01/20).
Authorization to dispense an epinephrine
auto-injector and stock albuterol pursuant to a standing order.
(1) Notwithstanding any other provision of this chapter, a pharmacist or pharmacy
intern may dispense an epinephrine auto-injector:
(a) (i) to a qualified adult for use in accordance with Title 26, Chapter 41, Emergency
Response for Life-threatening Conditions; or
(ii) to a qualified epinephrine auto-injector entity for use in accordance with Title 26,
Chapter 41, Emergency Response for Life-threatening Conditions;
(b) pursuant to a standing prescription drug order made in accordance with Section
58-17b-1005
;
(c) without any other prescription drug order from a person licensed to prescribe an
epinephrine auto-injector; and
(d) in accordance with the dispensing guidelines in Section 
58-17b-1006
.
(2) Notwithstanding any other provision of this chapter, a pharmacist or [
pharmacist
]
pharmacy
 intern may dispense stock albuterol:
(a) (i) to a qualified adult for use in accordance with Title 26, Chapter 41, Emergency
Response for Life-threatening Conditions; or
(ii) to a qualified stock albuterol entity for use in accordance with Title 26, Chapter 41,
Emergency Response for Life-threatening Conditions;
(b) pursuant to a standing prescription drug order made in accordance with Section
58-17b-1005
;
(c) without any other prescription drug order from a person licensed to prescribe stock
albuterol; and
(d) in accordance with the dispensing guidelines in Section 
58-17b-1006
.
Section 24. Section 
58-17b-1005 (Effective 07/01/20)
 is amended to read:
58-17b-1005 (Effective 07/01/20).
Standing prescription drug orders for
epinephrine auto-injectors and stock albuterol.
(1) A physician acting in the physician's capacity as an employee of the Department of
Health or as a medical director of a local health department may issue a standing prescription
drug order authorizing the dispensing of an epinephrine auto-injector under Section
58-17b-1004
 in accordance with a protocol that:
(a) requires the physician to specify the persons, by professional license number,
authorized to dispense the epinephrine auto-injector;
(b) requires the physician to review at least annually the dispensing practices of those
authorized by the physician to dispense the epinephrine auto-injector;
(c) requires those authorized by the physician to dispense the epinephrine auto-injector
to make and retain a record of each dispensing, including:
(i) the name of the qualified adult or qualified epinephrine auto-injector entity to whom
the epinephrine auto-injector is dispensed;
(ii) a description of the epinephrine auto-injector dispensed; and
(iii) other relevant information; and
(d) is approved by the division by administrative rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, in collaboration with the Physicians
Licensing Board created in Section 
58-67-201
 and the Board of Pharmacy.
(2) A physician acting in the physician's capacity as an employee of the Department of
Health or as a medical director of a local health department may issue a standing prescription
drug order authorizing the dispensing of [
the
] stock albuterol under Section 
58-17b-1004
 in
accordance with a protocol that:
(a) requires the physician to specify the persons, by professional license number,
authorized to dispense the stock albuterol;
(b) requires the physician to review at least annually the dispensing practices of those
authorized by the physician to dispense the stock albuterol;
(c) requires those authorized by the physician to dispense the stock albuterol to make
and retain a record of each dispensing, including:
(i) the name of the qualified adult or qualified stock albuterol entity to whom the stock
albuterol is dispensed;
(ii) a description of the stock albuterol dispensed; and
(iii) other relevant information; and
(d) is approved by the division by administrative rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, in collaboration with the Physicians
Licensing Board created in Section 
58-67-201
 and the board.
Section 25. Section 
58-31b-502
 is amended to read:
58-31b-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) failure to safeguard a patient's right to privacy as to the patient's person, condition,
diagnosis, personal effects, or any other matter about which the licensee is privileged to know
because of the licensee's or person with a certification's position or practice as a nurse or
practice as a medication aide certified;
(b) failure to provide nursing service or service as a medication aide certified in a
manner that demonstrates respect for the patient's human dignity and unique personal character
and needs without regard to the patient's race, religion, ethnic background, socioeconomic
status, age, sex, or the nature of the patient's health problem;
(c) engaging in sexual relations with a patient during any:
(i) period when a generally recognized professional relationship exists between the
person licensed or certified under this chapter and the patient; or
(ii) extended period when a patient has reasonable cause to believe a professional
relationship exists between the person licensed or certified under the provisions of this chapter
and the patient;
(d) (i) as a result of any circumstance under Subsection (1)(c), exploiting or using
information about a patient or exploiting the licensee's or the person with a certification's
professional relationship between the licensee or holder of a certification under this chapter and
the patient; or
(ii) exploiting the patient by use of the licensee's or person with a certification's
knowledge of the patient obtained while acting as a nurse or a medication aide certified;
(e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
(f) unauthorized taking or personal use of nursing supplies from an employer;
(g) unauthorized taking or personal use of a patient's personal property;
(h) unlawful or inappropriate delegation of nursing care;
(i) failure to exercise appropriate supervision of persons providing patient care services
under supervision of the licensed nurse;
(j) employing or aiding and abetting the employment of an unqualified or unlicensed
person to practice as a nurse;
(k) failure to file or record any medical report as required by law, impeding or
obstructing the filing or recording of such a report, or inducing another to fail to file or record
such a report;
(l) breach of a statutory, common law, regulatory, or ethical requirement of
confidentiality with respect to a person who is a patient, unless ordered by a court;
(m) failure to pay a penalty imposed by the division;
(n) prescribing a Schedule II controlled substance without complying with the
requirements in Section 
58-31b-803
, if applicable;
(o) violating Section 
58-31b-801
;
(p) violating the dispensing requirements of Section 
58-17b-309
 or Chapter 17b, Part
8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if
applicable; [
and
]
(q) establishing or operating a pain clinic without a consultation and referral plan for
Schedule II or III controlled substances; or
(r) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (q) or Subsection 
58-1-501
(1).
(2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
is defined in Section 
26-61a-102
, recommending the use of medical cannabis.
(3) Notwithstanding Subsection (2), the division, in consultation with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
Section 26. Section 
58-55-503
 is amended to read:
58-55-503.
Penalty for unlawful conduct -- Citations.
(1) (a) (i) A person who violates Subsection 
58-55-308
(2), Subsection 
58-55-501
(1),
(2), (3), (4), (5), (6), (7), (9), (10), (12), (14), (15), (16)(e), (21), (22), (23), (24), (25), (26),
(27), or (28), or Subsection 
58-55-504
(2), or who fails to comply with a citation issued under
this section after it is final, is guilty of a class A misdemeanor.
(ii) As used in this section in reference to Subsection 
58-55-504
(2), "person" means an
individual and does not include a sole proprietorship, joint venture, corporation, limited
liability company, association, or organization of any type.
(b) A person who violates the provisions of Subsection 
58-55-501
(8) may not be
awarded and may not accept a contract for the performance of the work.
(2) A person who violates the provisions of Subsection 
58-55-501
(13) is guilty of an
infraction unless the violator did so with the intent to deprive the person to whom money is to
be paid of the money received, in which case the violator is guilty of theft, as classified in
Section 
76-6-412
.
(3) Grounds for immediate suspension of a licensee's license by the division and the
commission include:
(a) the issuance of a citation for violation of Subsection 
58-55-308
(2), Section
58-55-501
, or Subsection 
58-55-504
(2); and
(b) the failure by a licensee to make application to, report to, or notify the division with
respect to any matter for which application, notification, or reporting is required under this
chapter or rules adopted under this chapter, including:
(i) applying to the division for a new license to engage in a new specialty classification
or to do business under a new form of organization or business structure;
(ii) filing a current financial statement with the division; and
(iii) notifying the division concerning loss of insurance coverage or change in qualifier.
(4) (a) (i) If upon inspection or investigation, the division concludes that a person has
violated the provisions of Subsection 
58-55-308
(2), Subsection 
58-55-501
(1), (2), (3), (9),
(10), (12), (14), (16)(e), (18), (20), (21), (22), (23), (24), (25), (26), (27), or (28), Subsection
58-55-504
(2), or any rule or order issued with respect to these subsections, and that disciplinary
action is appropriate, the director or the director's designee from within the division shall
promptly issue a citation to the person according to this chapter and any pertinent rules, attempt
to negotiate a stipulated settlement, or notify the person to appear before an adjudicative
proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(ii) A person who is in violation of the provisions of Subsection 
58-55-308
(2),
Subsection 
58-55-501
(1), (2), (3), (9), (10), (12), (14), (16)(e), (18), (20), (21), (22), (23), (24),
(25), (26), (27), or (28), or Subsection 
58-55-504
(2), as evidenced by an uncontested citation, a
stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be
assessed a fine pursuant to this Subsection (4) and may, in addition to or in lieu of, be ordered
to cease and desist from violating Subsection 
58-55-308
(2), Subsection 
58-55-501
(1), (2), (3),
(9), (10), (12), (16)(e), (18), [
(19),
] (20), (21), (24), (25), (26), (27), or (28), or Subsection
58-55-504
(2).
(iii) Except for a cease and desist order, the licensure sanctions cited in Section
58-55-401
 may not be assessed through a citation.
(b) (i) A citation shall be in writing and describe with particularity the nature of the
violation, including a reference to the provision of the chapter, rule, or order alleged to have
been violated.
(ii) A citation shall clearly state that the recipient must notify the division in writing
within 20 calendar days of service of the citation if the recipient wishes to contest the citation
at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(iii) A citation shall clearly explain the consequences of failure to timely contest the
citation or to make payment of any fines assessed by the citation within the time specified in
the citation.
(c) A citation issued under this section, or a copy of a citation, may be served upon a
person upon whom a summons may be served:
(i) in accordance with the Utah Rules of Civil Procedure;
(ii) personally or upon the person's agent by a division investigator or by a person
specially designated by the director; or
(iii) by mail.
(d) (i) If within 20 calendar days after the day on which a citation is served, the person
to whom the citation was issued fails to request a hearing to contest the citation, the citation
becomes the final order of the division and is not subject to further agency review.
(ii) The period to contest a citation may be extended by the division for cause.
(e) The division may refuse to issue or renew, suspend, revoke, or place on probation
the license of a licensee who fails to comply with a citation after the citation becomes final.
(f) The failure of an applicant for licensure to comply with a citation after the citation
becomes final is a ground for denial of license.
(g) A citation may not be issued under this section after the expiration of one year
following the date on which the violation that is the subject of the citation is reported to the
division.
(h) (i) Except as provided in Subsections (4)(h)(ii) and (5), the director or the director's
designee shall assess a fine in accordance with the following:
(A) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
(B) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
and
(C) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
$2,000 for each day of continued offense.
(ii) Except as provided in Subsection (5), if a person violates Subsection
58-55-501
(16)(e) or (28), the director or the director's designee shall assess a fine in
accordance with the following:
(A) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
(B) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $4,000;
and
(C) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
$4,000 for each day of continued offense.
(i) (i) For purposes of issuing a final order under this section and assessing a fine under
Subsection (4)(h), an offense constitutes a second or subsequent offense if:
(A) the division previously issued a final order determining that a person committed a
first or second offense in violation of Subsection 
58-55-308
(2), Subsection 
58-55-501
(1), (2),
(3), (9), (10), (12), (14), (16)(e), (18), (23), (24), (25), (26), (27), or (28), or Subsection
58-55-504
(2); or
(B) (I) the division initiated an action for a first or second offense;
(II) a final order has not been issued by the division in the action initiated under
Subsection (4)(i)(i)(B)(I);
(III) the division determines during an investigation that occurred after the initiation of
the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
violation of the provisions of Subsection 
58-55-308
(2), Subsection 
58-55-501
(1), (2), (3), (9),
(10), (12), (14), (16)(e), (18), (19), (23), (24), (25), (26), (27), (28), or Subsection
58-55-504
(2); and
(IV) after determining that the person committed a second or subsequent offense under
Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
Subsection (4)(i)(i)(B)(I).
(ii) In issuing a final order for a second or subsequent offense under Subsection
(4)(i)(i), the division shall comply with the requirements of this section.
(j) In addition to any other licensure sanction or fine imposed under this section, the
division shall revoke the license of a licensee that violates Subsection 
58-55-501
(23) or (24)
two or more times within a 12-month period, unless, with respect to a violation of Subsection
58-55-501
(23), the licensee can demonstrate that the licensee successfully verified the federal
legal working status of the individual who was the subject of the violation using a status
verification system, as defined in Section 
13-47-102
.
(k) For purposes of this Subsection (4), a violation of Subsection 
58-55-501
(23) or (24)
for each individual is considered a separate violation.
(5) If a person violates Section 
58-55-501
, the division may not treat the violation as a
subsequent violation of a previous violation if the violation occurs five years or more after the
day on which the person committed the previous violation.
(6) If, after an investigation, the division determines that a person has committed
multiple of the same type of violation of Section 
58-55-501
, the division may treat each
violation as a separate violation of Section 
58-55-501
 and apply a penalty under this section to
each violation. 
(7) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
into the Commerce Service Account created by Section 
13-1-2
.
(b) A penalty that is not paid may be collected by the director by either referring the
matter to a collection agency or bringing an action in the district court of the county in which
the person against whom the penalty is imposed resides or in the county where the office of the
director is located.
(c) A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(d) In an action brought to collect a penalty, the court shall award reasonable attorney
fees and costs to the prevailing party.
Section 27. Section 
58-60-405
 is amended to read:
58-60-405.
Qualifications for licensure.
(1) An applicant for licensure as a clinical mental health counselor shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) produce certified transcripts evidencing completion of:
(i) a master's or doctorate degree conferred to the applicant in:
(A) clinical mental health counseling, clinical rehabilitation counseling, counselor
education and supervision from a program accredited by the Council for Accreditation of
Counseling and Related Educational Programs; or
(B) clinical mental health counseling or an equivalent field from a program affiliated
with an institution that has accreditation that is recognized by the Council for Higher Education
Accreditation; and
(ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
an educational program described in Subsection (1)(d)(i);
(d) have completed a minimum of 4,000 hours of clinical mental health counselor
training as defined by division rule under Section 
58-1-203
:
(i) in not less than two years;
(ii) under the supervision of a clinical mental health counselor, psychiatrist,
psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
marriage and family therapist supervisor approved by the division in collaboration with the
board;
(iii) obtained after completion of the education requirement in Subsection (1)(c); and
(iv) including a minimum of two hours of training in suicide prevention via a course
that the division designates as approved;
(e) document successful completion of not less than 1,000 hours of supervised training
in mental health therapy obtained after completion of the education requirement in Subsection
(1)(c), which training may be included as part of the 4,000 hours of training in Subsection
(1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
obtained under the direct supervision of a mental health therapist, as defined by rule; and
(f) pass the examination requirement established by division rule under Section
58-1-203
.
(2) (a) An applicant for licensure as an associate clinical mental health counselor shall
comply with the provisions of Subsections (1)(a), (b), and (c).
(b) Except as provided under Subsection (2)(c), an individual's licensure as an
associate clinical mental health counselor is limited to the period of time necessary to complete
clinical training as described in Subsections (1)(d) and (e) and extends not more than one year
from the date the minimum requirement for training is completed.
(c) The time period under Subsection (2)(b) may be extended to a maximum of two
years past the date the minimum supervised clinical training requirement has been completed,
if the applicant presents satisfactory evidence to the division and the appropriate board that the
individual is:
(i) making reasonable progress toward passing of the qualifying examination for that
profession; or
(ii) otherwise on a course reasonably expected to lead to licensure.
(3) (a) Notwithstanding Subsection (1)(d), an applicant [
satisfied
] 
satisfies
 the
education requirement described in Subsection (1)(d) if the applicant submits documentation
verifying:
(i) satisfactory completion of a doctoral or master's degree from an educational
program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
and Related Educational Programs;
(ii) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
hours of coursework related to an educational program described in Subsection (1)(d)(i); and
(iii) that the applicant received a passing score that is valid and in good standing on:
(A) the National Counselor Examination; and
(B) the National Clinical Mental Health Counseling Examination.
(b) During the 2021 interim, the division shall report to the Occupational and
Professional Licensure Review Committee created in Section 
36-23-102
 on:
(i) the number of applicants who applied for licensure under this Subsection (3);
(ii) the number of applicants who were approved for licensure under this Subsection
(3);
(iii) any changes to division rule after May 12, 2020, regarding the qualifications for
licensure under this section; and
(iv) recommendations for legislation or other action that the division considers
necessary to carry out the provisions of this Subsection (3).
Section 28. Section 
59-2-1101 (Effective 01/01/21)
 is amended to read:
59-2-1101 (Effective 01/01/21).
Definitions -- Exemption of certain property --
Proportional payments for certain property -- Exception -- County legislative body
authority to adopt rules or ordinances.
(1) As used in this section:
(a) "Charitable purposes" means:
(i) for property used as a nonprofit hospital or a nursing home, the standards outlined in
Howell v. County Board of Cache County ex rel. IHC Hospitals, Inc., 881 P.2d 880 (Utah
1994); and
(ii) for property other than property described in Subsection (1)(a)(i), providing a gift
to the community.
(b) (i) "Educational purposes" means purposes carried on by an educational
organization that normally:
(A) maintains a regular faculty and curriculum; and
(B) has a regularly enrolled body of pupils and students.
(ii) "Educational purposes" includes:
(A) the physical or mental teaching, training, or conditioning of competitive athletes by
a national governing body of sport recognized by the United States Olympic Committee that
qualifies as being tax exempt under Section 501(c)(3), Internal Revenue Code; and
(B) an activity in support of or incidental to the teaching, training, or conditioning
described in Subsection (1)(b)(ii).
(c) "Exclusive use exemption" means a property tax exemption under Subsection
(3)(a)(iv), for property owned by a nonprofit entity used exclusively for one or more of the
following purposes:
(i) religious purposes;
(ii) charitable purposes; or
(iii) educational purposes.
(d) (i) "Farm machinery and equipment" means tractors, milking equipment and
storage and cooling facilities, feed handling equipment, irrigation equipment, harvesters,
choppers, grain drills and planters, tillage tools, scales, combines, spreaders, sprayers, haying
equipment, including balers and cubers, and any other machinery or equipment used primarily
for agricultural purposes.
(ii) "Farm machinery and equipment" does not include vehicles required to be
registered with the Motor Vehicle Division or vehicles or other equipment used for business
purposes other than farming.
(e) "Gift to the community" means:
(i) the lessening of a government burden; or
(ii) (A) the provision of a significant service to others without immediate expectation
of material reward;
(B) the use of the property is supported to a material degree by donations and gifts
including volunteer service;
(C) the recipients of the charitable activities provided on the property are not required
to pay for the assistance received, in whole or in part, except that if in part, to a material
degree;
(D) the beneficiaries of the charitable activities provided on the property are
unrestricted or, if restricted, the restriction bears a reasonable relationship to the charitable
objectives of the nonprofit entity that owns the property; and
(E) any commercial activities provided on the property are subordinate or incidental to
charitable activities provided on the property.
(f) "Government exemption" means a property tax exemption provided under
Subsection (3)(a)(i), (ii), or (iii).
(g) (i) "Nonprofit entity" means an entity:
(A) that is organized on a nonprofit basis, that dedicates the entity's property to the
entity's nonprofit purpose, and that makes no dividend or other form of financial benefit
available to a private interest;
(B) for which, upon dissolution, the entity's assets are distributable only for exempt
purposes under state law or to the government for a public purpose;
(C) that does not receive income from any source, including gifts, donations, or
payments from recipients of products or services, that produces a profit to the entity in the
sense that the income exceeds operating and long-term maintenance expenses; and
(D) for which none of the net earnings or donations made to the entity inure to the
benefit of private shareholders or other individuals, as the private inurement standard has been
interpreted under Section 501(c)(3), Internal Revenue Code.
(ii) "Nonprofit entity" includes an entity:
[
(A) if the entity is:
]
[
(I)
] 
(A) if the entity is
 treated as a disregarded entity for federal income tax purposes[
;
and (II)
] 
and
 wholly owned by, and controlled under the direction of, a nonprofit entity; and
(B) for which none of the net earnings and profits of the entity inure to the benefit of
any person other than a nonprofit entity.
(h) "Tax relief" means an exemption, deferral, or abatement that is authorized by this
part, Part 18, Tax Deferral and Tax Abatement, or Part 19, Armed Forces Exemptions.
(2) (a) Except as provided in Subsection (2)(b) or (c), tax relief may be allowed only if
the claimant is the owner of the property as of January 1 of the year the exemption is claimed.
(b) Notwithstanding Subsection (2)(a), a claimant shall collect and pay a proportional
tax based upon the length of time that the property was not owned by the claimant if:
(i) the claimant is a federal, state, or political subdivision entity described in
Subsection (3)(a)(i), (ii), or (iii); or
(ii) pursuant to Subsection (3)(a)(iv):
(A) the claimant is a nonprofit entity; and
(B) the property is used exclusively for religious, charitable, or educational purposes.
(c) Subsection (2)(a) does not apply to an exemption described in Part 19, Armed
Forces Exemptions .
(3) (a) The following property is exempt from taxation:
(i) property exempt under the laws of the United States;
(ii) property of:
(A) the state;
(B) school districts; and
(C) public libraries;
(iii) except as provided in Title 11, Chapter 13, Interlocal Cooperation Act, property of:
(A) counties;
(B) cities;
(C) towns;
(D) local districts;
(E) special service districts; and
(F) all other political subdivisions of the state;
(iv) except as provided in Subsection (6) or (7), property owned by a nonprofit entity
used exclusively for one or more of the following purposes:
(A) religious purposes;
(B) charitable purposes; or
(C) educational purposes;
(v) places of burial not held or used for private or corporate benefit;
(vi) farm machinery and equipment;
(vii) a high tunnel, as defined in Section 
10-9a-525
;
(viii) intangible property; and
(ix) the ownership interest of an out-of-state public agency, as defined in Section
11-13-103
:
(A) if that ownership interest is in property providing additional project capacity, as
defined in Section 
11-13-103
; and
(B) on which a fee in lieu of ad valorem property tax is payable under Section
11-13-302
.
(b) For purposes of a property tax exemption for property of school districts under
Subsection (3)(a)(ii)(B), a charter school under Title 53G, Chapter 5, Charter Schools, is
considered to be a school district.
(4) Subject to Subsection (5), if property that is allowed an exclusive use exemption or
a government exemption ceases to qualify for the exemption because of a change in the
ownership of the property:
(a) the new owner of the property shall pay a proportional tax based upon the period of
time:
(i) beginning on the day that the new owner acquired the property; and
(ii) ending on the last day of the calendar year during which the new owner acquired
the property; and
(b) the new owner of the property and the person from whom the new owner acquires
the property shall notify the county assessor, in writing, of the change in ownership of the
property within 30 days from the day that the new owner acquires the property.
(5) Notwithstanding Subsection (4)(a), the proportional tax described in Subsection
(4)(a):
(a) is subject to any exclusive use exemption or government exemption that the
property is entitled to under the new ownership of the property; and
(b) applies only to property that is acquired after December 31, 2005.
(6) (a) A property may not receive an exemption under Subsection (3)(a)(iv) if:
(i) the nonprofit entity that owns the property participates in or intervenes in any
political campaign on behalf of or in opposition to any candidate for public office, including
the publishing or distribution of statements; or
(ii) a substantial part of the activities of the nonprofit entity that owns the property
consists of carrying on propaganda or otherwise attempting to influence legislation, except as
provided under Subsection 501(h), Internal Revenue Code.
(b) Whether a nonprofit entity is engaged in an activity described in Subsection (6)(a)
shall be determined using the standards described in Section 501, Internal Revenue Code.
(7) A property may not receive an exemption under Subsection (3)(a)(iv) if:
(a) the property is used for a purpose that is not religious, charitable, or educational;
and
(b) the use for a purpose that is not religious, charitable, or educational is more than de
minimis.
(8) A county legislative body may adopt rules or ordinances to:
(a) effectuate the exemptions, deferrals, abatements, or other relief from taxation
provided in this part, Part 18, Tax Deferral and Tax Abatement, or Part 19, Armed Forces
Exemptions; and
(b) designate one or more persons to perform the functions given the county under this
part, Part 18, Tax Deferral and Tax Abatement, or Part 19, Armed Forces Exemptions.
(9) If a person is dissatisfied with a tax relief decision made under designated
decision-making authority as described in Subsection (8)(b), that person may appeal the
decision to the commission under Section 
59-2-1006
.
Section 29. Section 
63G-2-302
 is amended to read:
63G-2-302.
Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits,
social services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis,
condition, treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d) records received by or generated by or for:
(i) the Independent Legislative Ethics Commission, except for:
(A) the commission's summary data report that is required under legislative rule; and
(B) any other document that is classified as public under legislative rule; or
(ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
unless the record is classified as public under legislative rule;
(e) records received by, or generated by or for, the Independent Executive Branch
Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
of Executive Branch Ethics Complaints;
(f) records received or generated for a Senate confirmation committee concerning
character, professional competence, or physical or mental health of an individual:
(i) if, prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or
impartial hearing; and
(ii) after the meeting, if the meeting was closed to the public;
(g) employment records concerning a current or former employee of, or applicant for
employment with, a governmental entity that would disclose that individual's home address,
home telephone number, social security number, insurance coverage, marital status, or payroll
deductions;
(h) records or parts of records under Section 
63G-2-303
 that a current or former
employee identifies as private according to the requirements of that section;
(i) that part of a record indicating a person's social security number or federal employer
identification number if provided under Section 
31A-23a-104
, 
31A-25-202
, 
31A-26-202
,
58-1-301
, 
58-55-302
, 
61-1-4
, or 
61-2f-203
;
(j) that part of a voter registration record identifying a voter's:
(i) driver license or identification card number;
(ii) social security number, or last four digits of the social security number;
(iii) email address; or
(iv) date of birth;
(k) a voter registration record that is classified as a private record by the lieutenant
governor or a county clerk under Subsection 
20A-2-101.1
(5)(a), 
20A-2-104
(4)(h), or
20A-2-204
(4)(b);
(l) a voter registration record that is withheld under Subsection 
20A-2-104
(7);
(m) a withholding request form described in Subsections 
20A-2-104
(7) and (8) and any
verification submitted in support of the form;
(n) a record that:
(i) contains information about an individual;
(ii) is voluntarily provided by the individual; and
(iii) goes into an electronic database that:
(A) is designated by and administered under the authority of the Chief Information
Officer; and
(B) acts as a repository of information about the individual that can be electronically
retrieved and used to facilitate the individual's online interaction with a state agency;
(o) information provided to the Commissioner of Insurance under:
(i) Subsection 
31A-23a-115
(3)(a);
(ii) Subsection 
31A-23a-302
(4); or
(iii) Subsection 
31A-26-210
(4);
(p) information obtained through a criminal background check under Title 11, Chapter
40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
(q) information provided by an offender that is:
(i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
(ii) not required to be made available to the public under Subsection 
77-41-110
(4) or
77-43-108
(4);
(r) a statement and any supporting documentation filed with the attorney general in
accordance with Section 
34-45-107
, if the federal law or action supporting the filing involves
homeland security;
(s) electronic toll collection customer account information received or collected under
Section 
72-6-118
 and customer information described in Section 
17B-2a-815
 received or
collected by a public transit district, including contact and payment information and customer
travel data;
(t) an email address provided by a military or overseas voter under Section
20A-16-501
;
(u) a completed military-overseas ballot that is electronically transmitted under Title
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(v) records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section 
63A-15-201
, except for:
(i) the commission's summary data report that is required in Section 
63A-15-202
; and
(ii) any other document that is classified as public in accordance with Title 63A,
Chapter 15, Political Subdivisions Ethics Review Commission;
(w) a record described in Section 
53G-9-604
 that verifies that a parent was notified of
an incident or threat;
(x) a criminal background check or credit history report conducted in accordance with
Section 
63A-3-201
;
(y) a record described in Subsection 
53-5a-104
(7);
(z) the following portions of a record maintained by a county for the purpose of
administering property taxes, an individual's:
(i) email address;
(ii) phone number; or
(iii) personal financial information related to a person's payment method; and
(aa) a record concerning an individual's eligibility for an exemption, deferral,
abatement, or relief under:
(i) Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
(ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
(iii) Title 59, Chapter 
2, Part
 18, Tax Deferral and Tax Abatement; or
(iv) Title 59, Chapter 
2, Part
 19, Armed Forces Exemptions.
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment
with a governmental entity, including performance evaluations and personal status information
such as race, religion, or disabilities, but not including records that are public under Subsection
63G-2-301
(2)(b) or 
63G-2-301
(3)(o) or private under Subsection (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 
63G-2-301
(2);
(ii) information provided to the governmental entity for the purpose of complying with
a financial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would
conflict with the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a
clearly unwarranted invasion of personal privacy;
(e) records provided by the United States or by a government entity outside the state
that are given with the requirement that the records be managed as private records, if the
providing entity states in writing that the record would not be subject to public disclosure if
retained by it;
(f) any portion of a record in the custody of the Division of Aging and Adult Services,
created in Section 
62A-3-102
, that may disclose, or lead to the discovery of, the identity of a
person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
(g) audio and video recordings created by a body-worn camera, as defined in Section
77-7a-103
, that record sound or images inside a home or residence except for recordings that: 
(i) depict the commission of an alleged crime;
(ii) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(iii) record any encounter that is the subject of a complaint or a legal proceeding
against a law enforcement officer or law enforcement agency;
(iv) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(f); or
(v) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording. 
(3) (a) As used in this Subsection (3), "medical records" means medical reports,
records, statements, history, diagnosis, condition, treatment, and evaluation.
(b) Medical records in the possession of the University of Utah Hospital, its clinics,
doctors, or affiliated entities are not private records or controlled records under Section
63G-2-304
 when the records are sought:
(i) in connection with any legal or administrative proceeding in which the patient's
physical, mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any party
relies upon the condition as an element of the claim or defense.
(c) Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the medical
records were in the possession of a nongovernmental medical care provider.
Section 30. Section 
63G-7-701
 is amended to read:
63G-7-701.
Payment of claim or judgment against state -- Presentment for
payment.
(1) Each claim[
, as defined by Subsection 
63G-7-102
(1),
] that is approved by the state
or any final judgment obtained against the state shall be presented for payment to:
(a) the state risk manager; or
(b) the office, agency, institution, or other instrumentality involved, if payment by that
instrumentality is otherwise permitted by law.
(2) If payment of the claim is not authorized by law, the judgment or claim shall be
presented to the board of examiners for action as provided in Section 
63G-9-301
.
(3) If a judgment against the state is reduced by the operation of Section 
63G-7-604
,
the claimant may submit the excess claim to the board of examiners.
Section 31. Section 
63I-2-215
 is amended to read:
63I-2-215.
Repeal dates -- Title 15A.
[
Subsection 
15A-1-203
(13), which addresses mass timber products, is repealed
December 31, 2019.
]
Section 32. Section 
63J-1-602.1 (Effective 10/15/20)
 is amended to read:
63J-1-602.1 (Effective 10/15/20).
List of nonlapsing appropriations from accounts
and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1) The Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
.
(2) The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(4) The National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
.
(5) Funds collected for directing and administering the C-PACE district created in
Section [
11-42a-302
] 
11-42a-106
.
(6) Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(7) The "Latino Community Support Restricted Account" created in Section 
13-1-16
.
(8) The Clean Air Support Restricted Account created in Section 
19-1-109
.
(9) The "Support for State-Owned Shooting Ranges Restricted Account" created in
Section 
23-14-13.5
.
(10) Award money under the State Asset Forfeiture Grant Program, as provided under
Section 
24-4-117
.
(11) Funds collected from the program fund for local health department expenses
incurred in responding to a local health emergency under Section 
26-1-38
.
(12) The Children with Cancer Support Restricted Account created in Section
26-21a-304
.
(13) State funds for matching federal funds in the Children's Health Insurance Program
as provided in Section 
26-40-108
.
(14) The Children with Heart Disease Support Restricted Account created in Section
26-58-102
.
(15) The Nurse Home Visiting Restricted Account created in Section 
26-63-601
.
(16) The Technology Development Restricted Account created in Section 
31A-3-104
.
(17) The Criminal Background Check Restricted Account created in Section
31A-3-105
.
(18) The Captive Insurance Restricted Account created in Section 
31A-3-304
, except
to the extent that Section 
31A-3-304
 makes the money received under that section free revenue.
(19) The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
(20) The Health Insurance Actuarial Review Restricted Account created in Section
31A-30-115
.
(21) The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
(22) The Underage Drinking Prevention Media and Education Campaign Restricted
Account created in Section 
32B-2-306
.
(23) The School Readiness Restricted Account created in Section 
35A-15-203
.
(24) Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section 
35A-13-202
.
(25) The Oil and Gas Administrative Penalties Account created in Section 
40-6-11
.
(26) The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
(27) The Electronic Payment Fee Restricted Account created by Section 
41-1a-121
 to
the Motor Vehicle Division.
(28) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
created by Section 
41-3-110
 to the State Tax Commission.
(29) The Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
.
(30) The State Disaster Recovery Restricted Account to the Division of Emergency
Management, as provided in Section 
53-2a-603
.
(31) The Department of Public Safety Restricted Account to the Department of Public
Safety, as provided in Section 
53-3-106
.
(32) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
53-8-303
.
(33) The DNA Specimen Restricted Account created in Section 
53-10-407
.
(34) The Canine Body Armor Restricted Account created in Section 
53-16-201
.
(35) The Technical Colleges Capital Projects Fund created in Section 
53B-2a-118
.
(36) The Higher Education Capital Projects Fund created in Section 
53B-22-202
.
(37) A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(38) The Public Utility Regulatory Restricted Account created in Section 
54-5-1.5
,
subject to Subsection 
54-5-1.5
(4)(d).
(39) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-3a-105
.
(40) Certain fines collected by the Division of Occupational and Professional Licensing
for violation of unlawful or unprofessional conduct that are used for education and enforcement
purposes, as provided in Section 
58-17b-505
.
(41) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-22-104
.
(42) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-55-106
.
(43) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-56-3.5
.
(44) Certain fines collected by the Division of Occupational and Professional Licensing
for use in education and enforcement of the Security Personnel Licensing Act, as provided in
Section 
58-63-103
.
(45) The Relative Value Study Restricted Account created in Section 
59-9-105
.
(46) The Cigarette Tax Restricted Account created in Section 
59-14-204
.
(47) Funds paid to the Division of Real Estate for the cost of a criminal background
check for a mortgage loan license, as provided in Section 
61-2c-202
.
(48) Funds paid to the Division of Real Estate for the cost of a criminal background
check for principal broker, associate broker, and sales agent licenses, as provided in Section
61-2f-204
.
(49) Certain funds donated to the Department of Human Services, as provided in
Section 
62A-1-111
.
(50) The National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section 
62A-1-202
.
(51) Certain funds donated to the Division of Child and Family Services, as provided
in Section 
62A-4a-110
.
(52) The Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
.
(53) Funds collected by the Office of Administrative Rules for publishing, as provided
in Section 
63G-3-402
.
(54) The Immigration Act Restricted Account created in Section 
63G-12-103
.
(55) Money received by the military installation development authority, as provided in
Section 
63H-1-504
.
(56) The Computer Aided Dispatch Restricted Account created in Section 
63H-7a-303
.
(57) The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
(58) The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
(59) The Employability to Careers Program Restricted Account created in Section
63J-4-703
.
(60) The Motion Picture Incentive Account created in Section 
63N-8-103
.
(61) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
as provided under Section 
63N-10-301
.
(62) Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection 
64-13e-104
(2).
(63) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
and State Lands, as provided in Section 
65A-8-103
.
(64) The Transportation of Veterans to Memorials Support Restricted Account created
in Section 
71-14-102
.
(65) The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
(66) Certain funds received by the Office of the State Engineer for well drilling fines or
bonds, as provided in Section 
73-3-25
.
(67) The Water Resources Conservation and Development Fund, as provided in
Section 
73-23-2
.
(68) Funds donated or paid to a juvenile court by private sources, as provided in
Subsection 
78A-6-203
(1)(c).
(69) Fees for certificate of admission created under Section 
78A-9-102
.
(70) Funds collected for adoption document access as provided in Sections 
78B-6-141
,
78B-6-144
, and 
78B-6-144.5
.
(71) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
Utah Indigent Defense Commission.
(72) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
Park, Jordan River State Park, and Green River State Park, as provided under Section
79-4-403
.
(73) Certain funds received by the Division of Parks and Recreation from the sale or
disposal of buffalo, as provided under Section 
79-4-1001
.
(74) The Drinking While Pregnant Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-308
.
Section 33. Section 
63J-1-602.1 (Effective 07/01/20) (Sup 10/15/20)
 is amended to
read:
63J-1-602.1 (Effective 07/01/20) (Sup 10/15/20).
List of nonlapsing appropriations
from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1) The Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
.
(2) The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(4) The National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
.
(5) Funds collected for directing and administering the C-PACE district created in
Section [
11-42a-302
] 
11-42a-106
.
(6) Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(7) The "Support for State-Owned Shooting Ranges Restricted Account" created in
Section 
23-14-13.5
.
(8) Award money under the State Asset Forfeiture Grant Program, as provided under
Section 
24-4-117
.
(9) Funds collected from the program fund for local health department expenses
incurred in responding to a local health emergency under Section 
26-1-38
.
(10) The Children with Cancer Support Restricted Account created in Section
26-21a-304
.
(11) State funds for matching federal funds in the Children's Health Insurance Program
as provided in Section 
26-40-108
.
(12) The Children with Heart Disease Support Restricted Account created in Section
26-58-102
.
(13) The Nurse Home Visiting Restricted Account created in Section 
26-63-601
.
(14) The Technology Development Restricted Account created in Section 
31A-3-104
.
(15) The Criminal Background Check Restricted Account created in Section
31A-3-105
.
(16) The Captive Insurance Restricted Account created in Section 
31A-3-304
, except
to the extent that Section 
31A-3-304
 makes the money received under that section free revenue.
(17) The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
(18) The Health Insurance Actuarial Review Restricted Account created in Section
31A-30-115
.
(19) The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
(20) The Underage Drinking Prevention Media and Education Campaign Restricted
Account created in Section 
32B-2-306
.
(21) The School Readiness Restricted Account created in Section 
35A-15-203
.
(22) Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section 
35A-13-202
.
(23) The Oil and Gas Administrative Penalties Account created in Section 
40-6-11
.
(24) The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
(25) The Electronic Payment Fee Restricted Account created by Section 
41-1a-121
 to
the Motor Vehicle Division.
(26) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
created by Section 
41-3-110
 to the State Tax Commission.
(27) The Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
.
(28) The State Disaster Recovery Restricted Account to the Division of Emergency
Management, as provided in Section 
53-2a-603
.
(29) The Department of Public Safety Restricted Account to the Department of Public
Safety, as provided in Section 
53-3-106
.
(30) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
53-8-303
.
(31) The DNA Specimen Restricted Account created in Section 
53-10-407
.
(32) The Canine Body Armor Restricted Account created in Section 
53-16-201
.
(33) The Technical Colleges Capital Projects Fund created in Section 
53B-2a-118
.
(34) The Higher Education Capital Projects Fund created in Section 
53B-22-202
.
(35) A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(36) The Public Utility Regulatory Restricted Account created in Section 
54-5-1.5
,
subject to Subsection 
54-5-1.5
(4)(d).
(37) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-3a-105
.
(38) Certain fines collected by the Division of Occupational and Professional Licensing
for violation of unlawful or unprofessional conduct that are used for education and enforcement
purposes, as provided in Section 
58-17b-505
.
(39) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-22-104
.
(40) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-55-106
.
(41) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-56-3.5
.
(42) Certain fines collected by the Division of Occupational and Professional Licensing
for use in education and enforcement of the Security Personnel Licensing Act, as provided in
Section 
58-63-103
.
(43) The Relative Value Study Restricted Account created in Section 
59-9-105
.
(44) The Cigarette Tax Restricted Account created in Section 
59-14-204
.
(45) Funds paid to the Division of Real Estate for the cost of a criminal background
check for a mortgage loan license, as provided in Section 
61-2c-202
.
(46) Funds paid to the Division of Real Estate for the cost of a criminal background
check for principal broker, associate broker, and sales agent licenses, as provided in Section
61-2f-204
.
(47) Certain funds donated to the Department of Human Services, as provided in
Section 
62A-1-111
.
(48) The National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section 
62A-1-202
.
(49) Certain funds donated to the Division of Child and Family Services, as provided
in Section 
62A-4a-110
.
(50) The Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
.
(51) Funds collected by the Office of Administrative Rules for publishing, as provided
in Section 
63G-3-402
.
(52) The Immigration Act Restricted Account created in Section 
63G-12-103
.
(53) Money received by the military installation development authority, as provided in
Section 
63H-1-504
.
(54) The Computer Aided Dispatch Restricted Account created in Section 
63H-7a-303
.
(55) The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
(56) The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
(57) The Employability to Careers Program Restricted Account created in Section
63J-4-703
.
(58) The Motion Picture Incentive Account created in Section 
63N-8-103
.
(59) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
as provided under Section 
63N-10-301
.
(60) Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection 
64-13e-104
(2).
(61) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
and State Lands, as provided in Section 
65A-8-103
.
(62) The Transportation of Veterans to Memorials Support Restricted Account created
in Section 
71-14-102
.
(63) The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
(64) Certain funds received by the Office of the State Engineer for well drilling fines or
bonds, as provided in Section 
73-3-25
.
(65) The Water Resources Conservation and Development Fund, as provided in
Section 
73-23-2
.
(66) Funds donated or paid to a juvenile court by private sources, as provided in
Subsection 
78A-6-203
(1)(c).
(67) Fees for certificate of admission created under Section 
78A-9-102
.
(68) Funds collected for adoption document access as provided in Sections 
78B-6-141
,
78B-6-144
, and 
78B-6-144.5
.
(69) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
Utah Indigent Defense Commission.
(70) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
Park, Jordan River State Park, and Green River State Park, as provided under Section
79-4-403
.
(71) Certain funds received by the Division of Parks and Recreation from the sale or
disposal of buffalo, as provided under Section 
79-4-1001
.
(72) The Drinking While Pregnant Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-308
.
Section 34. Section 
72-10-205.5
 is amended to read:
72-10-205.5.
Abandoned aircraft on airport property -- Seizure and disposal.
(1) (a) As used in this section, "abandoned aircraft" means an aircraft that:
(i) remains in an idle state on airport property for 45 consecutive calendar days;
(ii) is in a wrecked, inoperative, derelict, or partially dismantled condition; and
(iii) is not in the process of actively being repaired.
(b) "Abandoned aircraft" does not include an aircraft:
(i) that has current FAA registration;
(ii) that has current state registration; 
or
(iii) for which evidence is shown indicating repairs are in process, including:
(A) receipts for parts and labor; or
(B) a statement from a mechanic making the repairs.
(2) An airport operator may take possession and dispose of an abandoned aircraft in
accordance with Subsections (3) through (5).
(3) Upon determining that an aircraft located on airport property is abandoned, the
airport operator shall:
(a) send, by registered mail, a notice containing the information described in
Subsection (4) to the last known address of the last registered owner of the aircraft; and
(b) publish a notice containing the information described in Subsection (4) in a
newspaper of general circulation in the county where the airport is located if:
(i) the owner or the address of the owner of the aircraft is unknown; or
(ii) the mailed notice is returned to the airport operator without a forwarding address.
(4) The notice described in Subsection (3) shall include:
(a) the name, if known, and the last known address, if any, of the last registered owner
of the aircraft;
(b) a description of the aircraft, including the identification number, the location of the
aircraft, and the date the aircraft is determined abandoned;
(c) a statement describing the specific grounds for the determination that the aircraft is
abandoned;
(d) the amount of any accrued or unpaid airport charges; and
(e) a statement indicating that the airport operator intends to take possession and
dispose of the aircraft if the owner of the aircraft fails to remove the aircraft from airport
property, after payment in full of any charges described in Subsection (4)(d), within the later
of:
(i) 30 days after the day on which the notice is sent in accordance with Subsection
(3)(a); or
(ii) 30 days after the day on which the notice is published in accordance with
Subsection (3)(b), if applicable.
(5) If the owner of the abandoned aircraft fails to remove the aircraft from airport
property, after payment in full of any charges described in Subsection (4)(d), within the time
specified in Subsection (4)(e):
(a) the abandoned aircraft becomes the property of the airport operator; and
(b) the airport operator may dispose of the abandoned aircraft:
(i) in the manner provided in Title 63A, Chapter 2, Part 4, Surplus Property Service; or
(ii) in accordance with any other lawful method or procedure established by rule or
ordinance adopted by the airport operator.
(6) If an airport operator complies with the provisions of this section, the airport
operator is immune from liability for the seizure and disposal of an abandoned aircraft in
accordance with this section.
Section 35. Section 
73-10g-202
 is amended to read:
73-10g-202.
Agricultural Water Optimization Task Force.
(1) There is created the Agricultural Water Optimization Task Force, consisting of:
(a) the following voting members:
(i) one individual representing the Department of Agriculture and Food;
(ii) one individual representing the board or division;
(iii) one individual representing the Division of Water Rights;
(iv) one individual representing the Division of Water Quality;
(v) one individual representing the interests of the agriculture industry;
(vi) one individual representing environmental interests;
(vii) one individual representing water conservancy districts; 
and
(viii) three individuals whose primary source of income comes from the production of
agricultural commodities; and
(b) one nonvoting member from the higher education community with a background in
research.
(2) (a) The commissioner of the Department of Agriculture and Food shall appoint the
members described in Subsections (1)(a)(i), (v), (vii), and (viii).
(b) The executive director of the Department of Natural Resources shall appoint the
members described in Subsections (1)(a)(ii), (iii), and (vi).
(c) The governor shall appoint the members described in Subsections (1)(a)(iv) and
(1)(b).
(3) The division shall provide administrative support to the task force.
(4) The task force shall select a chair from among its membership.
(5) Six voting members present constitutes a quorum of the task force. Action by a
majority of voting members when a quorum is present is an action of the task force.
(6) Service on the task force is voluntary and a member may not receive compensation
or benefits for the member's service, but may receive per diem and travel expenses in
accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 36. Section 
73-31-202
 is amended to read:
73-31-202.
Statutory water bank application.
(1) A record holder, other than the United States or an agency of the United States, of a
perfected water right or a valid diligence claim may request approval for a proposed statutory
water bank if the place of use and point of diversion for the applicant's water right are
encompassed within the proposed service area of the proposed statutory water bank and the
applicant files an application with the board that includes the following:
(a) the name of the statutory water bank;
(b) the mailing address for the statutory water bank;
(c) the type of legal entity recognized under Utah law that constitutes the statutory
water bank;
(d) a proposed service area map for the statutory water bank;
(e) whether the statutory water bank will accept deposits of surface water rights or
groundwater rights, provided that:
(i) a statutory water bank may not accept deposits of both surface water rights and
groundwater rights; and
(ii) the applicant's perfected water right or valid diligence claim is of the type accepted
by the statutory water bank;
(f) a copy of the statutory water bank's governing documents that specify:
(i) the number of members of the governing body, which may not be an even number;
(ii) the qualifications for governing members, including terms and election or
appointment procedures; and
(iii) the initial governing members' names, telephone numbers, and post office
addresses;
(g) a confirmation that the applicant satisfies the criteria listed in Subsection (1)(e)(ii);
(h) procedures that describe how the statutory water bank will:
(i) determine and fund the water bank's administrative costs;
(ii) design, facilitate, and conduct transactions between borrowers and depositors for
the use of a banked water right; and
(iii) accept, reject, and manage banked water rights, including:
(A) what information a depositor shall provide to inform the statutory water bank, the
state engineer, or any other distributing entity regarding the feasibility of using the water right
within the statutory water bank's designated service area;
(B) how a potential depositor is to work with the statutory water bank to jointly file a
change application seeking authorization from the state engineer to deposit a water right within
the statutory water bank;
(C) conditions for depositing a water right with the statutory water bank;
(D) how payments to depositors are determined; and
(E) under what conditions a depositor may use a water right at the heretofore place of
use pursuant to Subsection 
73-31-501
(4);
(iv) accept, review, and approve delivery requests, including:
(A) deadlines for submitting a delivery request to the statutory water bank;
(B) a cost or fee associated with submitting a delivery request and how that cost or fee
is to be applied or used by the statutory water bank;
(C) what information a borrower is to include on a delivery request to sufficiently
inform the statutory water bank, state engineer, or another distributing entity whether the
delivery request is feasible within the statutory water bank's designated service area;
(D) any notice and comment procedures for notifying other water users of the delivery
request;
(E) the criteria the statutory water bank will use to evaluate delivery requests;
(F) how the statutory water bank will inform water users who have submitted a
delivery request if the delivery request is approved or denied, the reasons for denial if denied,
and any applicable conditions if approved;
(G) appeal or grievance procedures, if any, for a borrower seeking to challenge a denial
of a delivery request, including identifying who has the burden in an appeal and the standards
of review;
(H) how the statutory water bank will determine prices for the use of loaned water
rights; and
(I) how the statutory water bank will coordinate with the state engineer to facilitate
distribution of approved delivery requests;
(v) how the statutory water bank will ensure that the aggregate amount of loaned water
rights during a calendar year does not exceed the total sum of the banked water rights within
the statutory water bank; and
(vi) how the statutory water bank will resolve complaints regarding the statutory water
bank's operations;
(i) the process that the statutory water bank will follow if the statutory water bank
terminates, dissolves, or if the board revokes the statutory water bank's permission to operate
pursuant to this chapter, including how the statutory water bank will return banked water rights
to depositors and how the [
statute
] 
statutory
 water bank will return any amounts owing to
depositors; and
(j) a signed declaration or affidavit from at least two governing members of the
statutory water bank affirming that:
(i) the information submitted is correct;
(ii) as a condition for permission to operate, the statutory water bank may not
discriminate between the nature of use, depositors, or borrowers;
(iii) the statutory water bank shall comply with the conditions of an approved changed
application for a banked water right; and
(iv) the statutory water bank shall report to the state engineer known violations of
approved change applications.
(2) The board may prepare a form or online application for an applicant to use in
submitting an application to the board under this part.
Section 37. Section 
76-7-305
 is amended to read:
76-7-305.
Informed consent requirements for abortion -- 72-hour wait mandatory
-- Exceptions.
(1) A person may not perform an abortion, unless, before performing the abortion, the
physician who will perform the abortion obtains from the woman on whom the abortion is to
be performed a voluntary and informed written consent that is consistent with:
(a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
Current Opinions; and
(b) the provisions of this section.
(2) Except as provided in Subsection (8), consent to an abortion is voluntary and
informed only if, at least 72 hours before the abortion:
(a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
physician's assistant presents the information module to the pregnant woman;
(b) the pregnant woman views the entire information module and presents evidence to
the individual described in Subsection (2)(a) that the pregnant woman viewed the entire
information module;
(c) after receiving the evidence described in Subsection (2)(b), the individual described
in Subsection (2)(a):
(i) documents that the pregnant woman viewed the entire information module;
(ii) gives the pregnant woman, upon her request, a copy of the documentation
described in Subsection (2)(c)(i); and
(iii) provides a copy of the statement described in Subsection (2)(c)(i) to the physician
who is to perform the abortion, upon request of that physician or the pregnant woman;
(d) after the pregnant woman views the entire information module, the physician who
is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
physician's assistant, in a face-to-face consultation in any location in the state, orally informs
the woman of:
(i) the nature of the proposed abortion procedure;
(ii) specifically how the procedure described in Subsection (2)(d)(i) will affect the
fetus;
(iii) the risks and alternatives to the abortion procedure or treatment;
(iv) the options and consequences of aborting a medication-induced abortion, if the
proposed abortion procedure is a medication-induced abortion;
(v) the probable gestational age and a description of the development of the unborn
child at the time the abortion would be performed;
(vi) the medical risks associated with carrying her child to term;
(vii) the right to view an ultrasound of the unborn child, at no expense to the pregnant
woman, upon her request; and
(viii) when the result of a prenatal screening or diagnostic test indicates that the unborn
child has or may have Down syndrome, the Department of Health website containing the
information described in Section 
26-10-14
, including the information on the informational
support sheet; and
(e) after the pregnant woman views the entire information module, a staff member of
the abortion clinic or hospital provides to the pregnant woman:
(i) on a document that the pregnant woman may take home:
(A) the address for the department's website described in Section 
76-7-305.5
; and
(B) a statement that the woman may request, from a staff member of the abortion clinic
or hospital where the woman viewed the information module, a printed copy of the material on
the department's website;
(ii) a printed copy of the material on the department's website described in Section
76-7-305.5
, if requested by the pregnant woman; and
(iii) a copy of the form described in Subsection 
26-21-33
(3)(a)(i) regarding the
disposition of the aborted fetus.
(3) Before performing an abortion, the physician who is to perform the abortion shall:
(a) in a face-to-face consultation, provide the information described in Subsection
(2)(d), unless the attending physician or referring physician is the individual who provided the
information required under Subsection (2)(d); and
(b) (i) obtain from the pregnant woman a written certification that the information
required to be provided under Subsection (2) and this Subsection (3) was provided in
accordance with the requirements of Subsection (2) and this Subsection (3);
(ii) obtain a copy of the statement described in Subsection (2)(c)(i); and
(iii) ensure that:
(A) [
described in Subsections 
26-21-33
(3) and (4),
] the woman has received the
information 
described in Subsections 
26-21-33
(3) and (4)
; and
(B) if the woman has a preference for the disposition of the aborted fetus, the woman
has informed the health care facility of the woman's decision regarding the disposition of the
aborted fetus.
(4) When a serious medical emergency compels the performance of an abortion, the
physician shall inform the woman prior to the abortion, if possible, of the medical indications
supporting the physician's judgment that an abortion is necessary.
(5) If an ultrasound is performed on a woman before an abortion is performed, the
individual who performs the ultrasound, or another qualified individual, shall:
(a) inform the woman that the ultrasound images will be simultaneously displayed in a
manner to permit her to:
(i) view the images, if she chooses to view the images; or
(ii) not view the images, if she chooses not to view the images;
(b) simultaneously display the ultrasound images in order to permit the woman to:
(i) view the images, if she chooses to view the images; or
(ii) not view the images, if she chooses not to view the images;
(c) inform the woman that, if she desires, the person performing the ultrasound, or
another qualified person shall provide a detailed description of the ultrasound images,
including:
(i) the dimensions of the unborn child;
(ii) the presence of cardiac activity in the unborn child, if present and viewable; and
(iii) the presence of external body parts or internal organs, if present and viewable; and
(d) provide the detailed description described in Subsection (5)(c), if the woman
requests it.
(6) The information described in Subsections (2), (3), and (5) is not required to be
provided to a pregnant woman under this section if the abortion is performed for a reason
described in:
(a) Subsection 
76-7-302
(3)(b)(i), if the treating physician and one other physician
concur, in writing, that the abortion is necessary to avert:
(i) the death of the woman on whom the abortion is performed; or
(ii) a serious risk of substantial and irreversible impairment of a major bodily function
of the woman on whom the abortion is performed; or
(b) Subsection 
76-7-302
(3)(b)(ii).
(7) In addition to the criminal penalties described in this part, a physician who violates
the provisions of this section:
(a) is guilty of unprofessional conduct as defined in Section 
58-67-102
 or 
58-68-102
;
and
(b) shall be subject to:
(i) suspension or revocation of the physician's license for the practice of medicine and
surgery in accordance with Section 
58-67-401
 or 
58-68-401
; and
(ii) administrative penalties in accordance with Section 
58-67-402
 or 
58-68-402
.
(8) A physician is not guilty of violating this section for failure to furnish any of the
information described in Subsection (2) or (3), or for failing to comply with Subsection (5), if:
(a) the physician can demonstrate by a preponderance of the evidence that the
physician reasonably believed that furnishing the information would have resulted in a severely
adverse effect on the physical or mental health of the pregnant woman;
(b) in the physician's professional judgment, the abortion was necessary to avert:
(i) the death of the woman on whom the abortion is performed; or
(ii) a serious risk of substantial and irreversible impairment of a major bodily function
of the woman on whom the abortion is performed;
(c) the pregnancy was the result of rape or rape of a child, as defined in Sections
76-5-402
 and 
76-5-402.1
;
(d) the pregnancy was the result of incest, as defined in Subsection 
76-5-406
(2)(j) and
Section 
76-7-102
; or
(e) at the time of the abortion, the pregnant woman was 14 years of age or younger.
(9) A physician who complies with the provisions of this section and Section
76-7-304.5
 may not be held civilly liable to the physician's patient for failure to obtain
informed consent under Section 
78B-3-406
.
(10) (a) The department shall provide an ultrasound, in accordance with the provisions
of Subsection (5)(b), at no expense to the pregnant woman.
(b) A local health department shall refer a pregnant woman who requests an ultrasound
described in Subsection (10)(a) to the department.
(11) A physician is not guilty of violating this section if:
(a) the information described in Subsection (2) is provided less than 72 hours before
the physician performs the abortion; and
(b) in the physician's professional judgment, the abortion was necessary in a case
where:
(i) a ruptured membrane, documented by the attending or referring physician, will
cause a serious infection; or
(ii) a serious infection, documented by the attending or referring physician, will cause a
ruptured membrane.
Section 38. Section 
78A-6-602
 is amended to read:
78A-6-602.
Referrals -- Nonjudicial adjustments.
(1) As used in this section, "referral" means a formal referral, a referral to the court
under Section 
53G-8-211
 or Subsection 
78A-6-601
(2)(b), or a citation issued to a minor for
which the court receives notice under Section 
78A-6-603
.
(2) (a) A peace officer, or a public official of the state, a county, city, or town charged
with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral
with the court within 10 days of a minor's arrest.
(b) If the arrested minor is taken to a detention facility, the peace officer, or public
official, shall file the formal referral with the court within 24 hours.
(c) A peace officer, public official, school district, or school may only make a referral
to the court under Section 
53G-8-211
 for an offense that is subject to referral under Section
53G-8-211
.
(3) If the court receives a referral for a minor who is, or appears to be, within the
court's jurisdiction, the court's probation department shall make a preliminary inquiry in
accordance with Subsections (5), (6), and (7) to determine whether the minor is eligible to enter
into a nonjudicial adjustment.
(4) If a minor is referred to the court for multiple offenses arising from a single
criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the
court's probation department shall offer the minor one nonjudicial adjustment for all offenses
arising from the single criminal episode.
(5) (a) The court's probation department may:
(i) conduct a validated risk and needs assessment; and
(ii) request that a prosecuting attorney review a referral in accordance with Subsection
(11) if:
(A) the results of the validated risk and needs assessment indicate the minor is high
risk; or
(B) the results of the validated risk and needs assessment indicate the minor is
moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
(b) If a minor violates Section 
41-6a-502
, the minor shall:
(i) undergo a drug and alcohol screening;
(ii) if found appropriate by the screening, participate in an assessment; and
(iii) if warranted by the screening and assessment, follow the recommendations of the
assessment.
(6) Except as provided in Subsection (7)(b), the probation department shall request that
a prosecuting attorney review a referral in accordance with Subsection (11) if:
(a) the referral involves:
(i) a felony offense; or
(ii) a violation of:
(A) Section 
41-6a-502
, driving under the influence;
(B) Section 
76-5-112
, reckless endangerment creating a substantial risk of death or
serious bodily injury;
(C) Section 
76-5-206
, negligent homicide;
(D) Section 
76-9-702.1
, sexual battery;
(E) Section 
76-10-505.5
, possession of a dangerous weapon, firearm, or short barreled
shotgun on or about school premises; or
(F) Section 
76-10-509
, possession of 
a
 dangerous weapon by minor, but only if the
dangerous weapon is a firearm;
(b) the minor has a current suspended order for custody under Subsection
78A-6-117
(5)(a); or
(c) the referral involves an offense alleged to have occurred before an individual was
12 years old and the offense is a felony violation of:
(i) Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii) Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii) Section 
76-5-203
, murder or attempted murder;
(iv) Section 
76-5-302
, aggravated kidnapping;
(v) Section 
76-5-405
, aggravated sexual assault;
(vi) Section 
76-6-103
, aggravated arson;
(vii) Section 
76-6-203
, aggravated burglary;
(viii) Section 
76-6-302
, aggravated robbery; or
(ix) Section 
76-10-508.1
, felony discharge of a firearm.
(7) (a) Except as provided in Subsections (5) and (6), the court's probation department
shall offer a nonjudicial adjustment to a minor if the minor:
(i) is referred for an offense that is a misdemeanor, infraction, or status offense;
(ii) has no more than two prior adjudications; and
(iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
(b) If the court receives a referral for an offense that is alleged to have occurred before
an individual was 12 years old, the court's probation department shall offer a nonjudicial
adjustment to the individual, unless the referral includes an offense described in Subsection
(6)(c).
(c) (i) For purposes of determining a minor's eligibility for a nonjudicial adjustment
under this Subsection (7), the court's probation department shall treat all offenses arising out of
a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial
adjustment.
(ii) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
this Subsection (7), the court's probation department shall treat all offenses arising out of a
single criminal episode that resulted in one or more prior adjudications as a single adjudication.
(d) Except as provided in Subsection (6), the court's probation department may offer a
nonjudicial adjustment to a minor who does not meet the criteria provided in Subsection (7)(a).
(8) For a nonjudicial adjustment, the court's probation department may require a minor
to:
(a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
terms established under Subsection (10)(c);
(b) pay restitution to any victim;
(c) complete community or compensatory service;
(d) attend counseling or treatment with an appropriate provider;
(e) attend [
substantive
] 
substance
 abuse treatment or counseling;
(f) comply with specified restrictions on activities or associations;
(g) attend victim-offender mediation if requested by the victim; and
(h) comply with any other reasonable action that is in the interest of the minor, the
community, or the victim.
(9) (a) Within seven days of receiving a referral that appears to be eligible for a
nonjudicial adjustment in accordance with Subsection (7), the court's probation department
shall provide an initial notice to reasonably identifiable and locatable victims of the offense
contained in the referral.
(b) The victim shall be responsible to provide to the probation department upon
request:
(i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
out-of-pocket loss;
(ii) documentation and evidence of compensation or reimbursement from an insurance
company or an agency of the state, any other state, or the federal government received as a
direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
(iii) proof of identification, including home and work address and telephone numbers.
(c) The inability, failure, or refusal of the victim to provide all or part of the requested
information shall result in the probation department determining restitution based on the best
information available.
(10) (a) The court's probation department may not predicate acceptance of an offer of a
nonjudicial adjustment on an admission of guilt.
(b) The court's probation department may not deny a minor an offer of 
a
 nonjudicial
adjustment due to a minor's inability to pay a financial penalty under Subsection (8).
(c) The court's probation department shall base a fee, fine, or the restitution for a
nonjudicial adjustment under Subsection (8) upon the ability of the minor's family to pay as
determined by a statewide sliding scale developed in accordance with Section 
63M-7-208
 on or
after July 1, 2018.
(d) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile
court judge extends the nonjudicial adjustment for an additional 90 days.
(e) (i) Notwithstanding Subsection (10)(d), a juvenile court judge may extend a
nonjudicial adjustment beyond the 180 days permitted under Subsection (10)(d) for a minor
who is offered a nonjudicial adjustment under Subsection (7)(b) for a sexual offense under
Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (11)(b)(ii) for a
sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed
before the minor was 12 years old, if the judge determines that:
(A) the nonjudicial adjustment requires specific treatment for the sexual offense;
(B) the treatment cannot be completed within 180 days after the day on which the
minor entered into the nonjudicial adjustment; and
(C) the treatment is necessary based on a clinical assessment that is developmentally
appropriate for the minor.
(ii) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
(10)(e)(i), the judge may extend the nonjudicial adjustment until the minor completes the
treatment under this Subsection (10)(e), but the judge may only grant each extension for 90
days at a time.
(f) If a minor violates Section 
76-10-105
, the minor may be required to pay a fine or
penalty and participate in a court-approved tobacco education program with a participation fee.
(11) If a prosecuting attorney is requested to review a referral in accordance with
Subsection (5) or (6), a minor fails to substantially comply with a condition agreed upon as part
of the nonjudicial adjustment, or a minor is not offered or declines a nonjudicial adjustment in
accordance with Subsection (7), the prosecuting attorney shall:
(a) review the case; and
(b) (i) dismiss the case;
(ii) refer the case back to the probation department for a new attempt at nonjudicial
adjustment; or
(iii) except as provided in Subsections (12)(b), (13), and 
78A-6-602.5
(2), file a petition
with the court.
(12) (a) A prosecuting attorney may file a petition only upon reasonable belief that:
(i) the charges are supported by probable cause;
(ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
doubt; and
(iii) the decision to charge is in the interests of justice.
(b) Failure to pay a fine or fee may not serve as a basis for filing of a petition under
Subsection (11)(b)(iii) if the minor has substantially complied with the other conditions agreed
upon in accordance with Subsection (8) or conditions imposed through any other court
diversion program.
(13) A prosecuting attorney may not file a petition against a minor unless:
(a) the prosecuting attorney has statutory authority to file the petition under Section
78A-6-602.5
; and
(b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection (7);
(ii) the minor declines 
a
 nonjudicial adjustment;
(iii) the minor fails to substantially comply with the conditions agreed upon as part of
the nonjudicial adjustment;
(iv) the minor fails to respond to the probation department's inquiry regarding
eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
preliminary inquiry; or
(v) the prosecuting attorney is acting under Subsection (11).
(14) If the prosecuting attorney files a petition in court or a proceeding is commenced
against a minor under Section 
78A-6-603
, the court may refer the case to the probation
department for another offer of nonjudicial adjustment.
Section 39. Section 
78A-6-602.5
 is amended to read:
78A-6-602.5.
Petition for a delinquency proceeding.
(1) A prosecuting attorney shall file a petition to commence a proceeding against a
minor for an adjudication of an alleged offense, except as provided in:
(a) Subsection (2);
[
(b) Subsection (3);
]
[
(c)
] 
(b)
 Section 
78A-6-603
;
[
(d)
] 
(c)
 Section [
78A-6-701
] 
78A-6-703.2
; and
[
(e)
] 
(d)
 Section [
78A-6-702
] 
78A-6-703.3
.
(2) A prosecuting attorney may not file a petition under Subsection (1) against an
individual for an offense alleged to have occurred before the individual was 12 years old,
unless:
(a) the individual is alleged to have committed a felony violation of:
(i) Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii) Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii) Section 
76-5-203
, murder or attempted murder;
(iv) Section 
76-5-302
, aggravated kidnapping;
(v) Section 
76-5-405
, aggravated sexual assault;
(vi) Section 
76-6-103
, aggravated arson;
(vii) Section 
76-6-203
, aggravated burglary;
(viii) Section 
76-6-302
, aggravated robbery; or
(ix) Section 
76-10-508.1
, felony discharge of a firearm; or
(b) an offer for a nonjudicial adjustment is made under Section 
78A-6-602
 and the
minor:
(i) declines to accept the offer for the nonjudicial adjustment; or
(ii) fails to substantially comply with the conditions agreed upon as part of the
nonjudicial adjustment.
Section 40. Section 
78B-7-118 (Effective 07/01/20)
 is amended to read:
78B-7-118 (Effective 07/01/20).
Construction with Utah Rules of Civil Procedure.
To the extent the provisions of this [
part
] 
chapter
 are more specific than the Utah Rules
of Civil Procedure regarding a civil protective order the provisions of this chapter govern.
Section 41. 
Effective dates.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, this bill takes effect:
(a) on July 1, 2020; or
(b) if later than July 1, 2020, the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
(2) (a) The amendments to Section 
63J-1-602.1
 (Effective 10/15/20) take effect on
October 15, 2020.
(b) The amendments to Section 
59-2-1101
 (Effective 01/01/21) take effect on January
1, 2021.