Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 176 (2021GS)

Sponsor

Rep. Gibson, F.

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

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• modifies parts of the Utah Code to make technical corrections, including eliminating references to repealed provisions, eliminating redundant or obsolete language, making minor wording changes, updating cross-references, and correcting numbering and other errors.

Every vote on this bill

Bill text

REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
 Evan J. Vickers
LONG TITLE
General Description:
This bill modifies parts of the Utah Code to make technical corrections.
Highlighted Provisions:
This bill:
▸ modifies parts of the Utah Code to make technical corrections, including
eliminating references to repealed provisions, eliminating redundant or obsolete
language, making minor wording changes, updating cross-references, and correcting
numbering and other errors.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-1-209
, as enacted by Laws of Utah 2020, Chapter 318
9-6-903
, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
10-9a-401
, as last amended by Laws of Utah 2019, Chapters 136 and 327
10-9a-404
, as last amended by Laws of Utah 2020, Chapter 434
10-9a-408
, as last amended by Laws of Utah 2020, Chapter 434
16-10a-1008.7
, as last amended by Laws of Utah 2013, Chapter 412
17B-2a-1205
, as last amended by Laws of Utah 2020, Chapters 282 and 397
19-6-119
, as last amended by Laws of Utah 2018, Chapter 241
20A-2-206
, as last amended by Laws of Utah 2020, Chapters 31, 95 and last amended
by Coordination Clause, Laws of Utah 2020, Chapter 95
26-21-3
, as last amended by Laws of Utah 2020, Chapters 154, 352, 373 and last
amended by Coordination Clause, Laws of Utah 2020, Chapter 154
26-60-103
, as last amended by Laws of Utah 2020, Chapter 119
31A-35-103
, as last amended by Laws of Utah 2017, Chapters 168 and 363
34A-2-407
, as last amended by Laws of Utah 2019, Chapter 136
34A-3-108
, as last amended by Laws of Utah 2019, Chapter 136
49-11-406
, as last amended by Laws of Utah 2020, Chapter 24
49-13-203
, as last amended by Laws of Utah 2020, Chapters 24 and 365
49-20-418
, as enacted by Laws of Utah 2018, Chapter 357
49-22-205
, as last amended by Laws of Utah 2020, Chapter 24
53E-1-201
, as last amended by Laws of Utah 2020, Chapters 51, 174, 254, 274, 321,
354, 365 and last amended by Coordination Clause, Laws of Utah 2020, Chapters
254, 274, and 321
59-10-1034
, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
59-12-102
, as last amended by Laws of Utah 2020, Chapters 354, 365, and 438
62A-15-103.5
, as enacted by Laws of Utah 2019, Chapter 110
63B-1-306
, as last amended by Laws of Utah 2017, Chapter 436
63C-4a-102
, as last amended by Laws of Utah 2019, Chapter 246
63G-2-204
, as last amended by Laws of Utah 2019, Chapter 334
63G-6a-1204
, as last amended by Laws of Utah 2014, Chapter 196
63I-1-226
, as last amended by Laws of Utah 2020, Chapters 19, 154, 172, 181, 221,
232, 303, 347, and 429
63I-1-251
, as last amended by Laws of Utah 2020, Chapter 232
63I-1-253
, as last amended by Laws of Utah 2020, Chapters 154, 174, 214, 234, 242,
269, 335, and 354
63I-1-259
, as last amended by Laws of Utah 2020, Chapter 332
63I-2-217
, as last amended by Laws of Utah 2020, Chapters 47, 114, and 434
63I-2-219
, as last amended by Laws of Utah 2019, Chapter 246
63I-2-249
, as last amended by Laws of Utah 2020, Chapter 187
63I-2-253
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
63I-2-263
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
63J-3-402
, as last amended by Laws of Utah 2017, Chapter 436
63M-4-503
, as last amended by Laws of Utah 2018, Chapter 149
63M-7-204
, as last amended by Laws of Utah 2020, Chapters 200, 230, and 395
63N-15-501
, as enacted by Laws of Utah 2020, Sixth Special Session, Chapter 19
67-22-2
, as last amended by Laws of Utah 2018, Chapter 39
76-9-802
, as last amended by Laws of Utah 2020, Chapter 394
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-1-209
 is amended to read:
9-1-209.
Heritage and Arts Foundation Fund.
(1) As used in this section, "fund" means the Heritage and Arts Foundation Fund
created in this section.
(2) There is created an expendable special revenue fund known as the "Heritage and
Arts Foundation Fund."
(3) The executive director shall administer the fund.
(4) Money may be deposited into the fund from a variety of sources, including
transfers, grants, private foundations, individual donors, gifts, bequests, legislative
appropriations, and money made available from any other source.
(5) Money collected by the Heritage and Arts Foundation described in Subsections
[
9-22-104
] 
9-1-201
(3)(b) and (5) shall be deposited into the fund.
(6) Any portion of the fund may be treated as an endowment fund such that the
principal of that portion of the fund is held in perpetuity on behalf of the department.
(7) The state treasurer shall invest the money in the fund according to the procedures
and requirements of Title 51, Chapter 7, State Money Management Act, except that all interest
or other earnings derived from those investments shall be deposited into the fund.
(8) The executive director may expend money from the fund for any of the purposes
described in this title.
Section 2. Section 
9-6-903
 is amended to read:
9-6-903.
Duties of the division.
(1) As soon as is practicable but on or before July 31, 2020, the division shall:
(a) establish an application process by which a qualified organization may apply for a
grant under this part, which application shall include:
(i) a declaration, signed under penalty of perjury, that the application is complete, true,
and correct and any estimates about the net costs to provide the cultural, artistic, botanical,
recreational, or zoological activity are made in good faith;
(ii) an acknowledgment that the qualified organization is subject to audit; and
(iii) a plan for providing the activity described in Subsection 
9-6-902
(2)(a);
(b) establish a method for the office, in consultation with the Governor's Office of
Economic Development for recreational applicants, to determine which applicants are eligible
to receive a grant;
(c) establish a formula to award grant funds; and
(d) report the information described in Subsections (1)(a) through (c) to the director of
the Division of Finance.
(2) The division shall:
(a) participate in the presentation that the director of the Division of Finance provides
to the legislative committee under Section 
63A-3-111
; and
(b) consider any recommendations for adjustments to the grant program from the
legislative committee.
(3) Subject to appropriation, beginning on August 5, 2020, the division shall:
(a) collect applications for grant funds from qualified organizations;
(b) determine, in consultation with the Governor's Office of Economic Development
for recreational applicants, which applicants meet the eligibility requirements for receiving a
grant; and
(c) award the grant funds:
(i) (A) after an initial application period that ends on or before August 31, 2020; and
(B) if funds remain after the initial application period, on a rolling basis until the
earlier of funds being exhausted or December 30, 2020; and
(ii) in accordance with the process established under Subsection (1) [
and the limit
described in Subsection 
9-6-902
(3)
].
(4) The division shall encourage any qualified organization that receives grant funds to
commit to following best practices to protect the health and safety of the qualified
organization's employees and customers.
(5) (a) The division may audit a qualified organization's reported net cost to provide a
cultural, artistic, botanical, recreational, or zoological activity.
(b) The division may recapture grant funds if, after audit, the division determines that:
(i) if a qualified organization made representations about the qualified organization's
actual net cost to provide the cultural, artistic, botanical, recreational, or zoological activity, the
representations are not complete, true, and correct; or
(ii) if a qualified organization made representations about the qualified organization's
estimated net cost to provide the cultural, artistic, botanical, recreational, or zoological activity,
the representations are not made in good faith.
(c) (i) A qualified organization that is subject to recapture shall pay to the Division of
Finance a penalty equal to the amount of the grant recaptured multiplied by the applicable
income tax rate in Section 
59-7-104
 or 
59-10-104
.
(ii) The Division of Finance shall deposit the penalty into the Education Fund.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to administer the grant program.
Section 3. Section 
10-9a-401
 is amended to read:
10-9a-401.
General plan required -- Content.
(1) In order to accomplish the purposes of this chapter, each municipality shall prepare
and adopt a comprehensive, long-range general plan for:
(a) present and future needs of the municipality; and
(b) growth and development of all or any part of the land within the municipality.
(2) The general plan may provide for:
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
activities, aesthetics, and recreational, educational, and cultural opportunities;
(b) the reduction of the waste of physical, financial, or human resources that result
from either excessive congestion or excessive scattering of population;
(c) the efficient and economical use, conservation, and production of the supply of:
(i) food and water; and
(ii) drainage, sanitary, and other facilities and resources;
(d) the use of energy conservation and solar and renewable energy resources;
(e) the protection of urban development;
(f) if the municipality is a town, the protection or promotion of moderate income
housing;
(g) the protection and promotion of air quality;
(h) historic preservation;
(i) identifying future uses of land that are likely to require an expansion or significant
modification of services or facilities provided by each affected entity; and
(j) an official map.
(3) (a) The general plan of a municipality, other than a town, shall plan for moderate
income housing growth.
(b) On or before December 1, 2019, each of the following that have a general plan that
does not comply with Subsection (3)(a) shall amend the general plan to comply with
Subsection (3)(a):
(i) a city of the first, second, third, or fourth class;
(ii) a city of the fifth class with a population of 5,000 or more, if the city is located
within a county of the first, second, or third class; and
(iii) a metro township with a population of 5,000 or more.
(c) The population figures described in Subsections (3)(b)(ii) and (iii) shall be derived
from:
(i) the most recent official census or census estimate of the United States Census
Bureau; or
(ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
Utah Population Committee.
(4) Subject to Subsection 
10-9a-403
[
(2)
]
(3)
, the municipality may determine the
comprehensiveness, extent, and format of the general plan.
Section 4. Section 
10-9a-404
 is amended to read:
10-9a-404.
Public hearing by planning commission on proposed general plan or
amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
by legislative body.
(1) (a) After completing its recommendation for a proposed general plan, or proposal to
amend the general plan, the planning commission shall schedule and hold a public hearing on
the proposed plan or amendment.
(b) The planning commission shall provide notice of the public hearing, as required by
Section 
10-9a-204
.
(c) After the public hearing, the planning commission may modify the proposed
general plan or amendment.
(2) The planning commission shall forward the proposed general plan or amendment to
the legislative body.
(3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
general plan or amendment that it considers appropriate.
(b) If the municipal legislative body rejects the proposed general plan or amendment, it
may provide suggestions to the planning commission for the planning commission's review and
recommendation.
(4) The legislative body shall adopt:
(a) a land use element as provided in Subsection 
10-9a-403
[
(2)
]
(3)
(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
10-9a-403
[
(2)
]
(3)
(a)(ii); and
(c) for a municipality, other than a town, after considering the factors included in
Subsection 
10-9a-403
[
(2)
]
(3)
(b)(ii), a plan to provide a realistic opportunity to meet the need
for additional moderate income housing within the next five years.
Section 5. Section 
10-9a-408
 is amended to read:
10-9a-408.
Reporting requirements and civil action regarding moderate income
housing element of general plan.
(1) The legislative body of a municipality described in Subsection 
10-9a-401
(3)(b)
shall annually:
(a) review the moderate income housing plan element of the municipality's general
plan and implementation of that element of the general plan;
(b) prepare a report on the findings of the review described in Subsection (1)(a); and
(c) post the report described in Subsection (1)(b) on the municipality's website.
(2) The report described in Subsection (1) shall include:
(a) a revised estimate of the need for moderate income housing in the municipality for
the next five years;
(b) a description of progress made within the municipality to provide moderate income
housing, demonstrated by analyzing and publishing data on the number of housing units in the
municipality that are at or below:
(i) 80% of the adjusted median family income;
(ii) 50% of the adjusted median family income; and
(iii) 30% of the adjusted median family income;
(c) a description of any efforts made by the municipality to utilize a moderate income
housing set-aside from a community reinvestment agency, redevelopment agency, or
community development and renewal agency; and
(d) a description of how the municipality has implemented any of the recommendations
related to moderate income housing described in Subsection 
10-9a-403
[
(2)
]
(3)
(b)(iii).
(3) The legislative body of each municipality described in Subsection (1) shall send a
copy of the report under Subsection (1) to the Department of Workforce Services, the
association of governments in which the municipality is located, and, if located within the
boundaries of a metropolitan planning organization, the appropriate metropolitan planning
organization.
(4) In a civil action seeking enforcement or claiming a violation of this section or of
Subsection 
10-9a-404
(4)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief.
Section 6. Section 
16-10a-1008.7
 is amended to read:
16-10a-1008.7.
Conversion to or from a domestic limited liability company.
(1) (a) A corporation may convert to a domestic limited liability company subject to
[
Title 48, Chapter 2c, Utah Revised Limited Liability Company Act, or
] Title 48, Chapter 3a,
Utah Revised Uniform Limited Liability Company Act, as appropriate pursuant to Section
48-3a-1405
 by complying with:
(i) this Subsection (1); and
(ii) Section [
48-2c-1401
 or
] 
48-3a-1041
.
(b) If a corporation converts to a domestic limited liability company in accordance with
this Subsection (1), the articles of conversion shall:
(i) comply with [
Section 
48-2c-1402
 or
] Sections 
48-3a-1045
 and 
48-3a-1046
; and
(ii) if the corporation has issued shares, provide for:
(A) the cancellation of any issued share; or
(B) the conversion of any issued share to a membership interest in the domestic limited
liability company.
(c) Before [
articles of conversion, in accordance with Section 
48-2c-1404
, or
] a
statement of conversion, in accordance with Section 
48-3a-1045
, may be filed with the
division, the conversion shall be approved:
(i) in the manner provided for the articles of incorporation or bylaws of the
corporation; or
(ii) if the articles of incorporation or bylaws of the corporation do not provide the
method for approval:
(A) if the corporation has issued shares, by all of the outstanding shares of all classes
of shares of the corporation regardless of limitations or restrictions on the voting rights of the
shares; or
(B) if the corporation has not issued shares, by a majority of:
(I) the directors in office at the time that the conversion is approved by the board of
directors; or
(II) if directors have not been appointed or elected, the incorporators.
(2) A domestic limited liability company may convert to a corporation subject to this
chapter by:
(a) filing articles of incorporation in accordance with this chapter; and
(b) complying with Section [
48-2c-1406
 or
] 
48-3a-1041
, as appropriate pursuant to
Section 
48-3a-1405
.
Section 7. Section 
17B-2a-1205
 is amended to read:
17B-2a-1205.
Public infrastructure district board -- Governing document.
(1) The legislative body or board of the creating entity shall appoint the members of the
board, in accordance with the governing document.
(2) (a) Unless otherwise limited in the governing document and except as provided in
Subsection (2)(b), the initial term of each member of the board is four years.
(b) Notwithstanding Subsection (2)(a), approximately half of the members of the initial
board shall serve a six-year term so that, after the expiration of the initial term, the term of
approximately half the board members expires every two years.
(c) A board may elect that a majority of the board serve an initial term of six years.
(d) After the initial term, the term of each member of the board is four years.
(3) (a) Notwithstanding Subsection 
17B-1-302
(1)(b), a board member is not required
to be a resident within the boundaries of the public infrastructure district if:
(i) all of the surface property owners consent to the waiver of the residency
requirement;
(ii) there are no residents within the boundaries of the public infrastructure district;
(iii) no qualified candidate timely files to be considered for appointment to the board;
or
(iv) no qualified individual files a declaration of candidacy for a board position in
accordance with Subsection [
17B-1-306
(4)
] 
17B-1-306
(5)
.
(b) Except under the circumstances described in Subsection (3)(a)(iii) or (iv), the
residency requirement in Subsection 
17B-1-302
(1)(b) is applicable to any board member
elected for a division or board position that has transitioned from an appointed to an elected
board member in accordance with this section.
(c) An individual who is not a resident within the boundaries of the public
infrastructure district may not serve as a board member unless the individual is:
(i) an owner of land or an agent or officer of the owner of land within the boundaries of
the public infrastructure district; and
(ii) a registered voter at the individual's primary residence.
(4) (a) A governing document may provide for a transition from legislative body
appointment under Subsection (1) to a method of election by registered voters based upon
milestones or events that the governing document identifies, including a milestone for each
division or individual board position providing that when the milestone is reached:
(i) for a division, the registered voters of the division elect a member of the board in
place of an appointed member at the next municipal general election for the board position; or
(ii) for an at large board position established in the governing document, the registered
voters of the public infrastructure district elect a member of the board in place of an appointed
member at the next municipal general election for the board position.
(b) Regardless of whether a board member is elected under Subsection (4)(a), the
position of each remaining board member shall continue to be appointed under Subsection (1)
until the member's respective division or board position surpasses the density milestone
described in the governing document.
(5) (a) Subject to Subsection (5)(c), the board may, in the board's discretion but no
more frequently than every four years, reestablish the boundaries of each division so that each
division that has reached a milestone specified in the governing document, as described in
Subsection (4)(a), has, as nearly as possible, the same number of eligible voters.
(b) In reestablishing division boundaries under Subsection (5)(a), the board shall
consider existing or potential developments within the divisions which, when completed,
would increase or decrease the number of eligible voters within the division.
(c) The governing document may prohibit the board from reestablishing, without the
consent of the creating entity, the division boundaries as described in Subsection (5)(a).
(6) The public infrastructure district may not compensate a board member for the
member's service on the board under Section 
17B-1-307
 unless the board member is a resident
within the boundaries of the public infrastructure district.
(7) The governing document shall:
(a) include a boundary description and a map of the public infrastructure district;
(b) state the number of board members;
(c) describe any divisions of the public infrastructure district;
(d) establish any applicable property tax levy rate limit for the public infrastructure
district;
(e) establish any applicable limitation on the principal amount of indebtedness for the
public infrastructure district; and
(f) include other information that the public infrastructure district or the creating entity
determines to be necessary or advisable.
(8) (a) Except as provided in Subsection (8)(b), the board and the governing body of
the creating entity may amend a governing document by each adopting a resolution that
approves the amended governing document.
(b) Notwithstanding Subsection (8)(a), any amendment to a property tax levy rate
limitation requires the consent of:
(i) 100% of surface property owners within the boundaries of the public infrastructure
district; and
(ii) 100% of the registered voters, if any, within the boundaries of the public
infrastructure district.
(9) A board member is not in violation of Section 
67-16-9
 if the board member:
(a) discloses a business relationship in accordance with Sections 
67-16-7
 and 
67-16-8
and files the disclosure with the creating entity:
(i) before any appointment or election; and
(ii) upon any significant change in the business relationship; and
(b) conducts the affairs of the public infrastructure district in accordance with this title
and any parameters described in the governing document.
(10) Notwithstanding any other provision of this section, the governing document
governs the number, appointment, and terms of board members of a public infrastructure
district created by the development authority.
Section 8. Section 
19-6-119
 is amended to read:
19-6-119.
Nonhazardous solid waste disposal fees.
(1) (a) Through December 31, 2018, and except as provided in Subsection (4), the
owner or operator of a commercial nonhazardous solid waste disposal facility or incinerator
shall pay the following fees for waste received for treatment or disposal at the facility if the
facility or incinerator is required to have operation plan approval under Section 
19-6-108
 and
primarily receives waste generated by off-site sources not owned, controlled, or operated by the
facility or site owner or operator:
(i) 13 cents per ton on all municipal waste and municipal incinerator ash;
(ii) 50 cents per ton on the following wastes if the facility disposes of one or more of
the following wastes in a cell exclusively designated for the waste being disposed:
(A) construction waste or demolition waste;
(B) yard waste, including vegetative matter resulting from landscaping, land
maintenance, and land clearing operations;
(C) dead animals;
(D) waste tires and materials derived from waste tires disposed of in accordance with
Title 19, Chapter 6, Part 8, Waste Tire Recycling Act; and
(E) petroleum contaminated soils that are approved by the director; and
(iii) $2.50 per ton on:
(A) all nonhazardous solid waste not described in Subsections (1)(a)(i) and (ii); and
(B) (I) fly ash waste;
(II) bottom ash waste;
(III) slag waste;
(IV) flue gas emission control waste generated primarily from the combustion of coal
or other fossil fuels;
(V) waste from the extraction, beneficiation, and processing of ores and minerals; and
(VI) cement kiln dust wastes.
(b) A commercial nonhazardous solid waste disposal facility or incinerator subject to
the fees under Subsection (1)(a)(i) or (ii) is not subject to the fee under Subsection (1)(a)(iii)
for those wastes described in Subsections (1)(a)(i) and (ii).
(c) The owner or operator of a facility described in Subsection 
19-6-102
(3)(b)(iii) shall
pay a fee of 13 cents per ton on all municipal waste received for disposal at the facility.
(2) (a) Through December 31, 2018, and except as provided in Subsections (2)(c) and
(4), a waste facility that is owned by a political subdivision shall pay the following annual
facility fee to the department by January 15 of each year:
(i) $800 if the facility receives 5,000 or more but fewer than 10,000 tons of municipal
waste each year;
(ii) $1,450 if the facility receives 10,000 or more but fewer than 20,000 tons of
municipal waste each year;
(iii) $3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of
municipal waste each year;
(iv) $12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of
municipal waste each year;
(v) $14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of
municipal waste each year;
(vi) $33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of
municipal waste each year; and
(vii) $66,000 if the facility receives 500,000 or more tons of municipal waste each
year.
(b) The fee identified in Subsection (2)(a) for 2018 shall be paid by January 15, 2019.
(c) Through December 31, 2018, and except as provided in Subsection (4), a waste
facility that is owned by a political subdivision shall pay $2.50 per ton for:
(i) nonhazardous solid waste that is not a waste described in Subsection (1)(a)(i) or (ii)
received for disposal if the waste is:
(A) generated outside the boundaries of the political subdivision; and
(B) received from a single generator and exceeds 500 tons in a calendar year; and
(ii) waste described in Subsection (1)(a)(iii)(B) received for disposal if the waste is:
(A) generated outside the boundaries of the political subdivision; and
(B) received from a single generator and exceeds 500 tons in a calendar year.
(d) Waste received at a facility owned by a political subdivision under Subsection
(2)(c) may not be counted as part of the total tonnage received by the facility under Subsection
(2)(a).
(3) (a) As used in this Subsection (3):
(i) "Recycling center" means a facility that extracts valuable materials from a waste
stream or transforms or remanufactures the material into a usable form that has demonstrated
or potential market value.
(ii) "Transfer station" means a permanent, fixed, supplemental collection and
transportation facility that is used to deposit collected solid waste from off-site into a transfer
vehicle for transport to a solid waste handling or disposal facility.
(b) Through December 31, 2018, and except as provided in Subsection (4), the owner
or operator of a transfer station or recycling center shall pay to the department the following
fees on waste sent for disposal to a nonhazardous solid waste disposal or treatment facility that
is not subject to a fee under this section:
(i) $1.25 per ton on:
(A) all nonhazardous solid waste; and
(B) waste described in Subsection (1)(a)(iii)(B);
(ii) 10 cents per ton on all construction and demolition waste; and
(iii) 5 cents per ton on all municipal waste or municipal incinerator ash.
(c) Wastes subject to fees under Subsection (3)(b)(ii) or (iii) are not subject to the fee
required under Subsection (3)(b)(i).
(4) The owner or operator of a waste disposal facility that receives nonhazardous solid
waste described in Subsection (1)(a)(iii)(B) is not required to pay any fee on those
nonhazardous solid wastes if received solely for the purpose of recycling, reuse, or
reprocessing.
(5) Through December 31, 2018, and except as provided in Subsection (2)(a), a facility
required to pay fees under this section shall:
(a) calculate the fees by multiplying the total tonnage of nonhazardous solid waste
received during the calendar month, computed to the first decimal place, by the required fee
rate;
(b) pay the fees imposed by this section to the department by the 15th day of the month
following the month in which the fees accrued; and
(c) with the fees required under Subsection (6)(b), submit to the department, on a form
prescribed by the department, information that verifies the amount of nonhazardous solid waste
received and the fees that the owner or operator is required to pay.
(6) (a) In accordance with Section 
63J-1-504
, on or before July 1, 2018, and each fiscal
year thereafter, the department shall establish a fee schedule for the treatment, transfer, and
disposal of all nonhazardous solid waste.
(b) The department shall, before establishing the annual fee schedule described in
Subsection (6)(a), consult with industry and local government and complete a review of
program costs and indirect costs of regulating nonhazardous solid waste in the state and use the
findings of the review to create the fee schedule.
(c) The fee schedule described in Subsection (6)(a) shall:
(i) create an equitable and fair, though not necessarily equal or uniform, fee to be paid
by all persons whose treatment, transfer, or disposal of nonhazardous solid waste creates a
regulatory burden to the department, based on the actual cost [
as described in Section
19-6-126
], and taking into consideration whether the owner or operator of a facility elects to
self-inspect under Section 
19-6-109
, except as provided in Subsection (6)(d);
(ii) cover the fully burdened costs of the program and provide for reasonable and
timely oversight by the department;
(iii) adequately meet the needs of industry, local government, and the department,
including enabling the department to employ the appropriate number of qualified personnel to
appropriately oversee industry and local government regulation;
(iv) provide stable funding for the Environmental Quality Restricted Account created
in Section 
19-1-108
; and
(v) for solid waste managed at a transfer facility, be no greater than the cost of
regulatory services provided to the transfer facility.
(d) Any person who treats, transfers, stores, or disposes of solid waste from the
extraction, beneficiation, and processing of ores and minerals on a site owned, controlled, or
operated by that person may not be charged a fee under this section for the treatment, transfer,
storage, or disposal of solid waste from the extraction, beneficiation, and processing of ores
and minerals that are generated:
(i) on-site by the person; or
(ii) by off-site sources owned, controlled, or operated by the person.
(e) The fees in the fee schedule established by Subsection (6)(a) shall take effect on
January 1, 2019.
(7) On and after January 1, 2019, a facility required to pay fees under this section shall:
(a) pay the fees imposed by this section to the department by the 15th day of the month
following the quarter in which the fees accrued; and
(b) with the fees required under Subsection (7)(a), submit to the department, on a form
prescribed by the department, information that verifies the amount of nonhazardous solid waste
received and the fees that the owner or operator is required to pay.
(8) In setting the fee schedule described in Subsection (6)(a), the department shall
ensure that a party is not charged multiple fees for the same solid waste, except the department
may charge a separate fee for a transfer station.
(9) The department shall:
(a) deposit all fees received under this section into the Environmental Quality
Restricted Account created in Section 
19-1-108
; and
(b) in preparing its budget for the governor and the Legislature, separately indicate the
amount of the department's budget necessary to administer the solid and hazardous waste
program established by this part.
(10) The department may contract or agree with a county to assist in performing
nonhazardous solid waste management activities, including agreements for:
(a) the development of a solid waste management plan required under Section
17-15-23
; and
(b) pass-through of available funding.
(11) This section does not exempt any facility from applicable regulation under the
Atomic Energy Act, 42 U.S.C. Sec. 2014 and 2021 through 2114.
(12) The department shall report to the Natural Resources, Agriculture, and
Environment Interim Committee by November 30, 2017, on the fee schedule described in
Subsection (6)(a).
Section 9. Section 
20A-2-206
 is amended to read:
20A-2-206.
Electronic registration.
(1) The lieutenant governor shall create and maintain an electronic system that is
publicly available on the Internet for an individual to apply for voter registration or
preregistration.
(2) An electronic system for voter registration or preregistration shall require:
(a) that an applicant have a valid driver license or identification card, issued under Title
53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
of residence;
(b) that the applicant provide the information required by Section 
20A-2-104
, except
that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
and (4);
(c) that the applicant attest to the truth of the information provided; and
(d) that the applicant authorize the lieutenant governor's and county clerk's use of the
applicant's:
(i) driver license or identification card signature, obtained under Title 53, Chapter 3,
Uniform Driver License Act, for voter registration purposes; or
(ii) signature on file in the lieutenant governor's statewide voter registration database
developed under Section 
20A-2-109
.
(3) Notwithstanding Section 
20A-2-104
, an applicant using the electronic system for
voter registration or preregistration created under this section is not required to complete a
printed registration form.
(4) A system created and maintained under this section shall provide the notices
concerning a voter's presentation of identification contained in Subsection 
20A-2-104
(1).
(5) The lieutenant governor shall:
(a) obtain a digital copy of the applicant's driver license or identification card signature
from the Driver License Division; or
(b) ensure that the applicant's signature is already on file in the lieutenant governor's
statewide voter registration database developed under Section 
20A-2-109
.
(6) The lieutenant governor shall send the information to the county clerk for the
county in which the applicant's principal place of residence is found for further action as
required by Section 
20A-2-304
 after:
(a) receiving all information from an applicant; and
(b) (i) receiving all information from the Driver License Division; or
(ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
statewide voter registration database developed under Section 
20A-2-109
.
(7) The lieutenant governor may use additional security measures to ensure the
accuracy and integrity of an electronically submitted voter registration.
(8) If an individual applies to register under this section no later than 11 calendar days
before the date of an election, the county clerk shall:
(a) accept and process the voter registration form;
(b) unless the individual named in the form is preregistering to vote:
(i) enter the applicant's name on the list of registered voters for the voting precinct in
which the applicant resides; and
(ii) notify the individual that the individual is registered to vote in the upcoming
election; and
(c) if the individual named in the form is preregistering to vote, comply with Section
20A-2-101.1
.
(9) If an individual applies to register under this section after the deadline described in
Subsection (8), the county clerk shall, unless the individual is preregistering to vote:
(a) accept the application for registration; and
(b) except as provided in Subsection 
20A-2-207
(6), if possible, promptly inform the
individual that the individual will not be registered to vote in the pending election, unless the
individual registers to vote by provisional ballot during the early voting period, if applicable, or
on election day, in accordance with Section 
20A-2-207
.
(10) The lieutenant governor shall provide a means by which a registered voter shall
sign the application form [
as provided in Section 
20A-3-304
].
Section 10. Section 
26-21-3
 is amended to read:
26-21-3.
Health Facility Committee -- Members -- Terms -- Organization --
Meetings.
(1) (a) The Health Facility Committee created by Section 
26-1-7
 consists of [
] 
members appointed by the governor in consultation with the executive director.
(b) The appointed members shall be knowledgeable about health care facilities and
issues.
(2) The membership of the committee is:
(a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
who is a graduate of a regularly chartered medical school;
(b) one hospital administrator;
(c) one hospital trustee;
(d) one representative of a freestanding ambulatory surgical facility;
(e) one representative of an ambulatory surgical facility that is affiliated with a
hospital;
(f) one representative of the nursing care facility industry;
(g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
Practice Act;
(h) one licensed architect or engineer with expertise in health care facilities;
(i) one representative of assisted living facilities licensed under this chapter;
(j) two consumers, one of whom has an interest in or expertise in geriatric care; and
(k) one representative from either a home health care provider or a hospice provider.
(3) (a) Except as required by Subsection (3)(b), members shall be appointed for a term
of four years.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed
every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the governor, giving consideration to recommendations
made by the committee, with the consent of the Senate.
(d) A member may not serve more than two consecutive full terms or 10 consecutive
years, whichever is less. However, a member may continue to serve as a member until the
member is replaced.
(e) The committee shall annually elect from its membership a chair and vice chair.
(f) The committee shall meet at least quarterly, or more frequently as determined by the
chair or five members of the committee.
(g) Six members constitute a quorum. A vote of the majority of the members present
constitutes action of the committee.
Section 11. Section 
26-60-103
 is amended to read:
26-60-103.
Scope of telehealth practice.
(1) A provider offering telehealth services shall:
(a) at all times:
(i) act within the scope of the provider's license under Title 58, Occupations and
Professions, in accordance with the provisions of this chapter and all other applicable laws and
rules; and
(ii) be held to the same standards of practice as those applicable in traditional health
care settings;
(b) if the provider does not already have a provider-patient relationship with the
patient, establish a provider-patient relationship during the patient encounter in a manner
consistent with the standards of practice, determined by the Division of Professional Licensing
in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
including providing the provider's licensure and credentials to the patient;
(c) [
in accordance with Title 58, Chapter 82, Electronic Prescribing Act,
] before
providing treatment or prescribing a prescription drug, establish a diagnosis and identify
underlying conditions and contraindications to a recommended treatment after:
(i) obtaining from the patient or another provider the patient's relevant clinical history;
and
(ii) documenting the patient's relevant clinical history and current symptoms;
(d) be available to a patient who receives telehealth services from the provider for
subsequent care related to the initial telemedicine services, in accordance with community
standards of practice;
(e) be familiar with available medical resources, including emergency resources near
the originating site, in order to make appropriate patient referrals when medically indicated;
(f) in accordance with any applicable state and federal laws, rules, and regulations,
generate, maintain, and make available to each patient receiving telehealth services the patient's
medical records; and
(g) if the patient has a designated health care provider who is not the telemedicine
provider:
(i) consult with the patient regarding whether to provide the patient's designated health
care provider a medical record or other report containing an explanation of the treatment
provided to the patient and the telemedicine provider's evaluation, analysis, or diagnosis of the
patient's condition;
(ii) collect from the patient the contact information of the patient's designated health
care provider; and
(iii) within two weeks after the day on which the telemedicine provider provides
services to the patient, and to the extent allowed under HIPAA as that term is defined in
Section 
26-18-17
, provide the medical record or report to the patient's designated health care
provider, unless the patient indicates that the patient does not want the telemedicine provider to
send the medical record or report to the patient's designated health care provider.
(2) Subsection (1)(g) does not apply to prescriptions for eyeglasses or contacts.
(3) Except as specifically provided in Title 58, Chapter 83, Online Prescribing,
Dispensing, and Facilitation Licensing Act, and unless a provider has established a
provider-patient relationship with a patient, a provider offering telemedicine services may not
diagnose a patient, provide treatment, or prescribe a prescription drug based solely on one of
the following:
(a) an online questionnaire;
(b) an email message; or
(c) a patient-generated medical history.
(4) A provider may not offer telehealth services if:
(a) the provider is not in compliance with applicable laws, rules, and regulations
regarding the provider's licensed practice; or
(b) the provider's license under Title 58, Occupations and Professions, is not active and
in good standing.
Section 12. Section 
31A-35-103
 is amended to read:
31A-35-103.
Exemption from other provisions of this title.
Bail bond agencies are exempted from:
(1) Chapter 3, Department Funding, Fees, and Taxes, except Section 
31A-3-103
;
(2) Chapter 4, Insurers in General, except Sections 
31A-4-102
, 
31A-4-103
, 
31A-4-104
,
and 
31A-4-107
;
(3) Chapter 5, Domestic Stock and Mutual Insurance Corporations, except Section
31A-5-103
;
(4) Chapter 6a, Service Contracts;
(5) Chapter 6b, Guaranteed Asset Protection Waiver Act;
(6) Chapter 7, Nonprofit Health Service Insurance Corporations;
(7) Chapter 8, Health Maintenance Organizations and Limited Health Plans;
(8) Chapter 8a, Health Discount Program Consumer Protection Act;
(9) Chapter 9, Insurance Fraternals;
(10) Chapter 10, Annuities;
(11) Chapter 11, Motor Clubs;
(12) Chapter 12, State Risk Management Fund;
(13) Chapter 14, Foreign Insurers;
(14) Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention Groups;
(15) Chapter 16, Insurance Holding Companies;
(16) Chapter 17, Determination of Financial Condition;
(17) Chapter 18, Investments;
(18) Chapter 19a, Utah Rate Regulation Act;
(19) Chapter 20, Underwriting Restrictions;
(20) Chapter 23b, Navigator License Act;
(21) Chapter 25, Third Party Administrators;
(22) Chapter 26, Insurance Adjusters;
(23) Chapter 27, Delinquency Administrative Action Provisions;
(24) Chapter 27a, Insurer Receivership Act;
(25) Chapter 28, Guaranty Associations;
(26) Chapter 30, Individual, Small Employer, and Group Health Insurance Act;
(27) Chapter 31, Insurance Fraud Act;
(28) Chapter 32a, Medical Care Savings Account Act;
(29) Chapter 36, Life Settlements Act;
(30) Chapter 37, Captive Insurance Companies Act;
(31) Chapter 37a, Special Purpose Financial Captive Insurance Company Act;
(32) Chapter 38, Federal Health Care Tax Credit Program Act;
(33) Chapter 39, Interstate Insurance Product Regulation Compact;
(34) Chapter 40, Professional Employer Organization Licensing Act;
(35) Chapter 41, Title Insurance Recovery, Education, and Research Fund Act; 
and
[
(36) Chapter 42, Defined Contribution Risk Adjuster Act; and
]
[
(37)
] 
(36)
 Chapter 43, Small Employer Stop-Loss Insurance Act.
Section 13. Section 
34A-2-407
 is amended to read:
34A-2-407.
Reporting of industrial injuries -- Regulation of health care
providers.
(1) As used in this section, "physician" is as defined in Section 
34A-2-111
.
(2) (a) An employee sustaining an injury arising out of and in the course of
employment shall provide notification to the employee's employer promptly of the injury.
(b) If the employee is unable to provide the notification required by Subsection (2)(a),
the following may provide notification of the injury to the employee's employer:
(i) the employee's next of kin; or
(ii) the employee's attorney.
(c) An employee claiming benefits under this chapter or Chapter 3, Utah Occupational
Disease Act, shall comply with rules adopted by the commission regarding disclosure of
medical records of the employee medically relevant to the industrial accident or occupational
disease claim.
(3) (a) An employee is barred for any claim of benefits arising from an injury if the
employee fails to notify within the time period described in Subsection (3)(b):
(i) the employee's employer in accordance with Subsection (2); or
(ii) the division.
(b) The notice required by Subsection (3)(a) shall be made within:
(i) 180 days of the day on which the injury occurs; or
(ii) in the case of an occupational hearing loss, the time period specified in Section
34A-2-506
.
(4) The following constitute notification of injury required by Subsection (2):
(a) an employer's report filed with:
(i) the division; or
(ii) the employer's workers' compensation insurance carrier;
(b) a physician's injury report filed with:
(i) the division;
(ii) the employer; or
(iii) the employer's workers' compensation insurance carrier;
(c) a workers' compensation insurance carrier's report filed with the division; or
(d) the payment of any medical or disability benefits by:
(i) the employer; or
(ii) the employer's workers' compensation insurance carrier.
(5) (a) An employer and the employer's workers' compensation insurance carrier, if
any, shall file a report in accordance with the rules made under Subsection (5)(b) of a:
(i) work-related fatality; or
(ii) work-related injury resulting in:
(A) medical treatment;
(B) loss of consciousness;
(C) loss of work;
(D) restriction of work; or
(E) transfer to another job.
(b) An employer or the employer's workers' compensation insurance carrier, if any,
shall file a report required by Subsection (5)(a), and any subsequent reports of a previously
reported injury as may be required by the commission, within the time limits and in the manner
established by rule by the commission made after consultation with the workers' compensation
advisory council and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act. A rule made under this Subsection (5)(b) shall:
(i) be reasonable; and
(ii) take into consideration the practicality and cost of complying with the rule.
(c) A report is not required to be filed under this Subsection (5) for a minor injury, such
as a cut or scratch that requires first aid treatment only, unless:
(i) a treating physician files a report with the division in accordance with Subsection
(9); or
(ii) a treating physician is required to file a report with the division in accordance with
Subsection (9).
(6) An employer and its workers' compensation insurance carrier, if any, required to
file a report under Subsection (5) shall provide the employee with:
(a) a copy of the report submitted to the division; and
(b) a statement, as prepared by the division, of the employee's rights and
responsibilities related to the industrial injury.
(7) An employer shall maintain a record in a manner prescribed by the commission by
rule of all:
(a) work-related fatalities; or
(b) work-related injuries resulting in:
(i) medical treatment;
(ii) loss of consciousness;
(iii) loss of work;
(iv) restriction of work; or
(v) transfer to another job.
(8) (a) Except as provided in Subsection (8)(b), an employer or a workers'
compensation insurance carrier who refuses or neglects to make a report, maintain a record, or
file a report as required by this section is subject to a civil assessment:
(i) imposed by the division, subject to the requirements of Title 63G, Chapter 4,
Administrative Procedures Act; and
(ii) that may not exceed $500.
(b) An employer or workers' compensation insurance carrier is not subject to the civil
assessment under this Subsection (8) if:
(i) the employer or workers' compensation insurance carrier submits a report later than
required by this section; and
(ii) the division finds that the employer or workers' compensation insurance carrier has
shown good cause for submitting a report later than required by this section.
(c) (i) A civil assessment collected under this Subsection (8) shall be deposited into the
Uninsured Employers' Fund created in Section 
34A-2-704
 to be used for a purpose specified in
Section 
34A-2-704
.
(ii) The administrator of the Uninsured Employers' Fund shall collect money required
to be deposited into the Uninsured Employers' Fund under this Subsection (8)(c) in accordance
with Section 
34A-2-704
.
(9) (a) A physician attending an injured employee shall comply with rules established
by the commission regarding:
(i) fees for physician's services;
(ii) disclosure of medical records of the employee medically relevant to the employee's
industrial accident or occupational disease claim;
(iii) reports to the division regarding:
(A) the condition and treatment of an injured employee; or
(B) any other matter concerning industrial cases that the physician is treating; and
(iv) rules made under Section 
34A-2-407.5
.
(b) A physician who is associated with, employed by, or bills through a hospital is
subject to Subsection (9)(a).
(c) A hospital providing services for an injured employee is not subject to the
requirements of Subsection (9)(a) except for rules made by the commission that are described
in Subsection (9)(a)(ii) or (iii) or Section 
34A-2-407.5
.
(d) The commission's schedule of fees may reasonably differentiate remuneration to be
paid to providers of health services based on:
(i) the severity of the employee's condition;
(ii) the nature of the treatment necessary; and
(iii) the facilities or equipment specially required to deliver that treatment.
(e) This Subsection (9) does not prohibit a contract with a provider of health services
relating to the pricing of goods and services.
(10) A copy of the initial report filed under Subsection (9)(a)(iii) shall be furnished to:
(a) the division;
(b) the employee; and
(c) (i) the employer; or
(ii) the employer's workers' compensation insurance carrier.
(11) (a) As used in this Subsection (11):
(i) "Balance billing" means charging a person, on whose behalf a workers'
compensation insurance carrier or self-insured employer is obligated to pay medical benefits
under this chapter or Chapter 3, Utah Occupational Disease Act, for the difference between
what the workers' compensation insurance carrier or self-insured employer reimburses the
hospital for covered medical services and what the hospital charges for those covered medical
services.
(ii) "Covered medical services" means medical services provided by a hospital that are
covered by workers' compensation medical benefits under this chapter or Chapter 3, Utah
Occupational Disease Act.
[
(iii) "Health benefit plan" means the same as that term is defined in Section
31A-22-619.6
.
]
[
(iv)
] 
(iii)
 "Self-insured employer" means the same as that term is defined in Section
34A-2-201.5
.
(b) Subject to Subsection (11)(d), a workers' compensation insurance carrier or
self-insured employer may contract, either in writing or by mutual oral agreement, with a
hospital to establish reimbursement rates.
(c) Subject to Subsection (11)(d), for the time period beginning on May 8, 2018, and
ending on July 1, 2021, a workers' compensation insurance carrier or self-insured employer that
is reimbursing a hospital for covered medical services shall reimburse the hospital:
(i) in accordance with a contract described in Subsection (11)(b); or
(ii) (A) if the hospital is located in a county of the first, second, or third class, as
classified in Section 
17-50-501
, at 75% of the billed hospital fees for the covered medical
services; or
(B) if the hospital is located in a county of the fourth, fifth, or sixth class, as classified
in Section 
17-50-501
, at 85% of the billed hospital fees for the covered medical services.
(d) A hospital may not engage in balance billing.
[
(e) Covered services paid under a health benefit plan are subject to coordination of
benefits in accordance with Section 
31A-22-619.6
.
] 
(12) (a) Subject to appellate review under Section 
34A-1-303
, the commission has
exclusive jurisdiction to hear and determine:
(i) whether goods provided to or services rendered to an employee are compensable
pursuant to this chapter or Chapter 3, Utah Occupational Disease Act, including:
(A) medical, nurse, or hospital services;
(B) medicines; and
(C) artificial means, appliances, or prosthesis;
(ii) except for amounts charged or paid under Subsection (11), the reasonableness of
the amounts charged or paid for a good or service described in Subsection (12)(a)(i); and
(iii) collection issues related to a good or service described in Subsection (12)(a)(i).
(b) Except as provided in Subsection (12)(a), Subsection 
34A-2-211
(6), or Section
34A-2-212
, a person may not maintain a cause of action in any forum within this state other
than the commission for collection or payment for goods or services described in Subsection
(12)(a) that are compensable under this chapter or Chapter 3, Utah Occupational Disease Act.
Section 14. Section 
34A-3-108
 is amended to read:
34A-3-108.
Reporting of occupational diseases -- Regulation of health care
providers.
(1) An employee sustaining an occupational disease, as defined in this chapter, arising
out of and in the course of employment shall provide notification to the employee's employer
promptly of the occupational disease. If the employee is unable to provide notification, the
employee's next of kin or attorney may provide notification of the occupational disease to the
employee's employer.
(2) (a) An employee who fails to notify the employee's employer or the division within
180 days after the cause of action arises is barred from a claim of benefits arising from the
occupational disease.
(b) The cause of action is considered to arise on the date the employee first:
(i) suffers disability from the occupational disease; and
(ii) knows, or in the exercise of reasonable diligence should have known, that the
occupational disease is caused by employment.
(3) The following constitute notification of an occupational disease:
(a) an employer's report filed with the:
(i) division; or
(ii) workers' compensation insurance carrier;
(b) a physician's injury report filed with the:
(i) division;
(ii) employer; or
(iii) workers' compensation insurance carrier;
(c) a workers' compensation insurance carrier's report to the division; or
(d) the payment of any medical or disability benefit by the employer or the employer's
workers' compensation insurance carrier.
(4) (a) An employer and the employer's workers' compensation insurance carrier, if
any, shall file a report in accordance with the rules described in Subsection (4)(b) of any
occupational disease resulting in:
(i) medical treatment;
(ii) loss of consciousness;
(iii) loss of work;
(iv) restriction of work; or
(v) transfer to another job.
(b) An employer or the employer's workers' compensation insurance carrier, if any,
shall file a report required under Subsection (4)(a) and any subsequent reports of a previously
reported occupational disease as may be required by the commission within the time limits and
in the manner established by rule by the commission made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, under Subsection 
34A-2-407
(5).
(c) A report is not required:
(i) for a minor injury that requires first aid treatment only, unless a treating physician
files, or is required to file, the Physician's Initial Report of Work Injury or Occupational
Disease with the division;
(ii) for occupational diseases that manifest after the employee is no longer employed by
the employer with which the exposure occurred; or
(iii) when the employer is not aware of an exposure occasioned by the employment that
results in an occupational disease as defined by Section 
34A-3-103
.
(5) An employer or its workers' compensation insurance carrier, if any, shall provide
the employee with:
(a) a copy of the report submitted to the division; and
(b) a statement, as prepared by the division, of the employee's rights and
responsibilities related to the occupational disease.
(6) An employer shall maintain a record in a manner prescribed by the division of
occupational diseases resulting in:
(a) medical treatment;
(b) loss of consciousness;
(c) loss of work;
(d) restriction of work; or
(e) transfer to another job.
(7) An employer or a workers' compensation insurance carrier who refuses or neglects
to make a report, maintain a record, or file a report with the division as required by this section
is subject to citation and civil assessment in accordance with Subsection 
34A-2-407
(8).
(8) (a) Except as provided in Subsection (8)(c), a physician, surgeon, or other health
care provider attending an occupationally diseased employee shall:
(i) comply with the rules, including the schedule of fees, for services as adopted by the
commission;
(ii) make reports to the division at any and all times as required as to the condition and
treatment of an occupationally diseased employee or as to any other matter concerning
industrial cases being treated; and
(iii) comply with rules made under Section 
34A-2-407.5
.
(b) A physician, as defined in Section 
34A-2-111
, who is associated with, employed
by, or bills through a hospital is subject to Subsection (8)(a).
(c) A hospital is not subject to the requirements of Subsection (8)(a) except a hospital
is subject to rules made by the commission under Subsections 
34A-2-407
(9)(a)(ii) and (iii) and
Section 
34A-2-407.5
.
(d) The commission's schedule of fees may reasonably differentiate remuneration to be
paid to providers of health services based on:
(i) the severity of the employee's condition;
(ii) the nature of the treatment necessary; and
(iii) the facilities or equipment specially required to deliver that treatment.
(e) This Subsection (8) does not prohibit a contract with a provider of health services
relating to the pricing of goods and services.
(9) A copy of the physician's initial report shall be furnished to the:
(a) division;
(b) employee; and
(c) employer or its workers' compensation insurance carrier.
(10) A person subject to reporting under Subsection (8)(a)(ii) or Subsection
34A-2-407
(9)(a)(iii) who refuses or neglects to make a report or comply with this section is
subject to a civil assessment in accordance with Subsection 
34A-2-407
(8).
(11) (a) As used in this Subsection (11):
(i) "Balance billing" means charging a person, on whose behalf a workers'
compensation insurance carrier or self-insured employer is obligated to pay medical benefits
under this chapter or Chapter 2, Workers' Compensation Act, for the difference between what
the workers' compensation insurance carrier or self-insured employer reimburses the hospital
for covered medical services and what the hospital charges for those covered medical services.
(ii) "Covered medical services" means medical services provided by a hospital that are
covered by workers' compensation medical benefits under this chapter or Chapter 2, Workers'
Compensation Act.
[
(iii) "Health benefit plan" means the same as that term is defined in Section
31A-22-619.6
.
]
[
(iv)
] 
(iii)
 "Self-insured employer" means the same as that term is defined in Section
34A-2-201.5
.
(b) Subject to Subsection (11)(d), a workers' compensation insurance carrier or
self-insured employer may contract, either in writing or by mutual oral agreement, with a
hospital to establish reimbursement rates.
(c) Subject to Subsection (11)(d), for the time period beginning on May 10, 2016, and
ending on July 1, 2018, a workers' compensation insurance carrier or self-insured employer that
is reimbursing a hospital that has not entered into a contract described in Subsection (11)(b),
shall reimburse the hospital for covered medical services at 85% of the billed hospital fees for
the covered medical services.
(d) A hospital may not engage in balance billing.
[
(e) Covered services paid under a health benefit plan are subject to coordination of
benefits in accordance with Section 
31A-22-619.6
.
] 
(12) (a) An application for a hearing to resolve a dispute regarding an occupational
disease claim shall be filed with the Division of Adjudication.
(b) After the filing, a copy shall be forwarded by mail to:
(i) (A) the employer; or
(B) the employer's workers' compensation insurance carrier;
(ii) the applicant; and
(iii) the attorneys for the parties.
(13) (a) Subject to appellate review under Section 
34A-1-303
, the commission has
exclusive jurisdiction to hear and determine:
(i) whether goods provided to or services rendered to an employee is compensable
pursuant to this chapter and Chapter 2, Workers' Compensation Act, including the following:
(A) medical, nurse, or hospital services;
(B) medicines; and
(C) artificial means, appliances, or prosthesis;
(ii) except for amounts charged or paid under Subsection (11), the reasonableness of
the amounts charged or paid for a good or service described in Subsection (13)(a)(i); and
(iii) collection issues related to a good or service described in Subsection (13)(a)(i).
(b) Except as provided in Subsection (13)(a), Subsection 
34A-2-211
(6), or Section
34A-2-212
, a person may not maintain a cause of action in any forum within this state other
than the commission for collection or payment of goods or services described in Subsection
(13)(a) that are compensable under this chapter or Chapter 2, Workers' Compensation Act.
Section 15. Section 
49-11-406
 is amended to read:
49-11-406.
Governor's appointed executives and senior staff -- Appointed
legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
(1) As used in this section:
(a) "Defined benefit balance" means the total amount of the contributions made on
behalf of a member to a defined benefit system plus refund interest.
(b) "Senior staff" means an at-will employee who reports directly to an elected official,
executive director, or director and includes a deputy director and other similar, at-will
employee positions designated by the governor, the speaker of the House, or the president of
the Senate and filed with the Department of Human Resource Management and the Utah State
Retirement Office.
(2) In accordance with this section and subject to requirements under federal law and
rules made by the board, a member who has service credit from a system may elect to be
exempt from coverage under a defined benefit system and to have the member's defined benefit
balance transferred from the defined benefit system or plan to a defined contribution plan in the
member's own name if the member is:
(a) the state auditor;
(b) the state treasurer;
(c) an appointed executive under Subsection 
67-22-2
(1)(a);
(d) an employee in the Governor's Office;
(e) senior staff in the Governor's Office of Management and Budget;
(f) senior staff in the Governor's Office of Economic Development;
(g) senior staff in the Commission on Criminal and Juvenile Justice;
(h) a legislative employee appointed under Subsection 
36-12-7
(3)(a); 
or
(i) a legislative employee appointed by the speaker of the House of Representatives, the
House of Representatives minority leader, the president of the Senate, or the Senate minority
leader[
; or
]
.
[
(j) senior staff of the Utah Science Technology and Research Initiative created under
Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
]
(3) An election made under Subsection (2):
(a) is final, and no right exists to make any further election;
(b) is considered a request to be exempt from coverage under a defined benefits
system; and
(c) shall be made on forms provided by the office.
(4) The board shall adopt rules to implement and administer this section.
Section 16. Section 
49-13-203
 is amended to read:
49-13-203.
Exclusions from membership in system.
(1) The following employees are not eligible for service credit in this system:
(a) subject to the requirements of Subsection (2), an employee whose employment
status is temporary in nature due to the nature or the type of work to be performed;
(b) except as provided under Subsection (3)(a), an employee of an institution of higher
education who participates in a retirement system with a public or private retirement system,
organization, or company designated by the Utah Board of Higher Education, or the technical
college board of trustees for an employee of each technical college, during any period in which
required contributions based on compensation have been paid on behalf of the employee by the
employer;
(c) an employee serving as an exchange employee from outside the state for an
employer who has not elected to make all of the employer's exchange employees eligible for
service credit in this system;
(d) an executive department head of the state or a legislative director, senior executive
employed by the governor's office, a member of the State Tax Commission, a member of the
Public Service Commission, and a member of a full-time or part-time board or commission
who files a formal request for exemption;
(e) an employee of the Department of Workforce Services who is covered under
another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
(f) an employee who is employed with an employer that has elected to be excluded
from participation in this system under Subsection 
49-13-202
(5), effective on or after the date
of the employer's election under Subsection 
49-13-202
(5);
(g) an employee who is employed with a withdrawing entity that has elected under
Section 
49-11-623
, prior to January 1, 2017, to exclude:
(i) new employees from participation in this system under Subsection 
49-11-623
(3)(a);
or
(ii) all employees from participation in this system under Subsection 
49-11-623
(3)(b);
or
(h) an employee described in Subsection (1)(h)(i) or (ii) who is employed with a
withdrawing entity that has elected under Section 
49-11-624
, before January 1, 2018, to
exclude:
(i) new employees from participation in this system under Subsection 
49-11-624
(3)(a);
or
(ii) all employees from participation in this system under Subsection 
49-11-624
(3)(b).
(2) If an employee whose status is temporary in nature due to the nature of type of
work to be performed:
(a) is employed for a term that exceeds six months and the employee otherwise
qualifies for service credit in this system, the participating employer shall report and certify to
the office that the employee is a regular full-time employee effective the beginning of the
seventh month of employment; or
(b) was previously terminated prior to being eligible for service credit in this system
and is reemployed within three months of termination by the same participating employer, the
participating employer shall report and certify that the member is a regular full-time employee
when the total of the periods of employment equals six months and the employee otherwise
qualifies for service credits in this system.
(3) (a) Upon cessation of the participating employer contributions, an employee under
Subsection (1)(b) is eligible for service credit in this system.
(b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
credit earned by an employee under this chapter before the date of the election under
Subsection 
49-13-202
(5) is not affected under Subsection (1)(f).
(4) Upon filing a written request for exemption with the office, the following
employees shall be exempt from coverage under this system:
(a) a full-time student or the spouse of a full-time student and individuals employed in
a trainee relationship;
(b) an elected official;
(c) an executive department head of the state, a member of the State Tax Commission,
a member of the Public Service Commission, and a member of a full-time or part-time board or
commission;
(d) an employee of the Governor's Office of Management and Budget;
(e) an employee of the Governor's Office of Economic Development;
(f) an employee of the Commission on Criminal and Juvenile Justice;
(g) an employee of the Governor's Office;
(h) an employee of the State Auditor's Office;
(i) an employee of the State Treasurer's Office;
(j) any other member who is permitted to make an election under Section 
49-11-406
;
(k) a person appointed as a city manager or chief city administrator or another person
employed by a municipality, county, or other political subdivision, who is an at-will employee;
(l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
membership in a labor organization that provides retirement benefits to its members; 
and
[
(m) an employee of the Utah Science Technology and Research Initiative created
under Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act;
and
]
[
(n)
] 
(m)
 an employee serving as an exchange employee from outside the state for an
employer who has elected to make all of the employer's exchange employees eligible for
service credit in this system.
(5) (a) Each participating employer shall prepare and maintain a list designating those
positions eligible for exemption under Subsection (4).
(b) An employee may not be exempted unless the employee is employed in a position
designated by the participating employer.
(6) (a) In accordance with this section, Section 
49-12-203
, and Section 
49-22-205
, a
municipality, county, or political subdivision may not exempt a total of more than 50 positions
or a number equal to 10% of the eligible employees of the municipality, county, or political
subdivision, whichever is less.
(b) A municipality, county, or political subdivision may exempt at least one regular
full-time employee.
(7) Each participating employer shall:
(a) maintain a list of employee exemptions; and
(b) update the employee exemptions in the event of any change.
(8) The office may make rules to implement this section.
(9) An employee's exclusion, exemption, participation, or election described in this
section:
(a) shall be made in accordance with this section; and
(b) is subject to requirements under federal law and rules made by the board.
Section 17. Section 
49-20-418
 is amended to read:
49-20-418.
Expanded infertility treatment coverage pilot program.
(1) As used in this section:
(a) "Assisted reproductive technology" means the same as the term is defined in [
U.S. Code Sec. 26-3a-7a
] 
U.S.C. Sec. 263a-7
.
(b) "Physician" means the same as the term is defined in Section 
58-67-102
.
(c) "Pilot program" means the expanded infertility treatment coverage pilot program
described in Subsection (2).
(d) "Qualified individual" means a covered individual who is eligible for maternity
benefits under the program.
(2) (a) Beginning plan year 2018-19, and ending plan year 2020-21, the program shall
offer a 3-year pilot program within the state risk pool that provides coverage to a qualified
individual for the use of an assisted reproductive technology.
(b) The pilot program shall offer a one-time, lifetime maximum benefit of $4,000
toward the costs of using an assisted reproductive technology for each qualified individual.
(c) The benefit described in Subsection (2)(b) is subject to the same cost sharing
requirements as the covered individual's plan.
(3) Coverage offered under the pilot program applies if:
(a) the patient who will use the assisted reproductive technology is a qualified
individual;
(b) (i) the patient's physician verifies that the patient or the patient's spouse has a
demonstrated condition recognized by a physician as a cause of infertility; or
(ii) the patient attests that the patient is unable to conceive a pregnancy or carry a
pregnancy to a live birth after a year or more of regular sexual relations without contraception;
(c) the patient attests that the patient has been unable to attain a successful pregnancy
through any less-costly, potentially effective infertility treatments for which coverage is
available under the health benefit plan; and
(d) the use of the assisted reproductive technology procedure is performed at a medical
facility that conforms to the minimal standards for programs of assisted reproductive
technology procedures adopted by the American Society for Reproductive Medicine.
(4) Coverage offered under the pilot program:
(a) may not exceed $4,000 over the lifetime of each qualified individual;
(b) shall satisfy, in accordance with Subsection 
31A-22-610.1
(1)(c)(ii), the requirement
to provide an adoption indemnity benefit to a qualified individual under Section 
31A-22-610.1
;
and
(c) does not apply to a qualified individual if the qualified individual has received the
adoption indemnity benefit required under Section 
31A-22-610.1
.
(5) (a) The purpose of the pilot program is to study the efficacy of providing coverage
for the use of an assisted reproductive technology and is not a mandate for coverage of an
assisted reproductive technology within all health plans offered by the program.
(b) Before November 30, 2021, the program shall report to the Social Services
Appropriations Subcommittee regarding the costs and benefits of the pilot program.
(6) Under Section 
63J-1-603
, the Legislature intends that the cost of the pilot program
will be paid from money above the minimum recommended level in the public employees' state
risk pool reserve.
Section 18. Section 
49-22-205
 is amended to read:
49-22-205.
Exemptions from participation in system.
(1) Upon filing a written request for exemption with the office, the following
employees are exempt from participation in the system as provided in this section:
(a) an executive department head of the state;
(b) a member of the State Tax Commission;
(c) a member of the Public Service Commission;
(d) a member of a full-time or part-time board or commission;
(e) an employee of the Governor's Office of Management and Budget;
(f) an employee of the Governor's Office of Economic Development;
(g) an employee of the Commission on Criminal and Juvenile Justice;
(h) an employee of the Governor's Office;
(i) an employee of the State Auditor's Office;
(j) an employee of the State Treasurer's Office;
(k) any other member who is permitted to make an election under Section 
49-11-406
;
(l) a person appointed as a city manager or appointed as a city administrator or another
at-will employee of a municipality, county, or other political subdivision;
(m) an employee of an interlocal cooperative agency created under Title 11, Chapter
13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided
through membership in a labor organization that provides retirement benefits to its members;
and
[
(n) an employee of the Utah Science Technology and Research Initiative created under
Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act; and
]
[
(o)
] 
(n)
 an employee serving as an exchange employee from outside the state for an
employer who has elected to make all of the employer's exchange employees eligible for
service credit in this system.
(2) (a) A participating employer shall prepare and maintain a list designating those
positions eligible for exemption under Subsection (1).
(b) An employee may not be exempted unless the employee is employed in a position
designated by the participating employer under Subsection (1).
(3) (a) In accordance with this section, Section 
49-12-203
, and Section 
49-13-203
, a
municipality, county, or political subdivision may not exempt a total of more than 50 positions
or a number equal to 10% of the eligible employees of the municipality, county, or political
subdivision, whichever is less.
(b) A municipality, county, or political subdivision may exempt at least one regular
full-time employee.
(4) Each participating employer shall:
(a) maintain a list of employee exemptions; and
(b) update an employee exemption in the event of any change.
(5) Beginning on the effective date of the exemption for an employee who elects to be
exempt in accordance with Subsection (1):
(a) for a member of the Tier II defined contribution plan:
(i) the participating employer shall contribute the nonelective contribution and the
amortization rate described in Section 
49-22-401
, except that the nonelective contribution is
exempt from the vesting requirements of Subsection 
49-22-401
(3)(a); and
(ii) the member may make voluntary deferrals as provided in Section 
49-22-401
; and
(b) for a member of the Tier II hybrid retirement system:
(i) the participating employer shall contribute the nonelective contribution and the
amortization rate described in Section 
49-22-401
, except that the contribution is exempt from
the vesting requirements of Subsection 
49-22-401
(3)(a);
(ii) the member may make voluntary deferrals as provided in Section 
49-22-401
; and
(iii) the member is not eligible for additional service credit in the system.
(6) If an employee who is a member of the Tier II hybrid retirement system
subsequently revokes the election of exemption made under Subsection (1), the provisions
described in Subsection (5)(b) shall no longer be applicable and the coverage for the employee
shall be effective prospectively as provided in Part 3, Tier II Hybrid Retirement System.
(7) (a) All employer contributions made on behalf of an employee shall be invested in
accordance with Subsection 
49-22-303
(3)(a) or 
49-22-401
(4)(a) until the one-year election
period under Subsection 
49-22-201
(2)(c) is expired if the employee:
(i) elects to be exempt in accordance with Subsection (1); and
(ii) continues employment with the participating employer through the one-year
election period under Subsection 
49-22-201
(2)(c).
(b) An employee is entitled to receive a distribution of the employer contributions
made on behalf of the employee and all associated investment gains and losses if the employee:
(i) elects to be exempt in accordance with Subsection (1); and
(ii) terminates employment prior to the one-year election period under Subsection
49-22-201
(2)(c).
(8) (a) The office shall make rules to implement this section.
(b) The rules made under this Subsection (8) shall include provisions to allow the
exemption provided under Subsection (1) to apply to all contributions made beginning on or
after July 1, 2011, on behalf of an exempted employee who began the employment before May
8, 2012.
(9) An employee's exemption, participation, or election described in this section:
(a) shall be made in accordance with this section; and
(b) is subject to requirements under federal law and rules made by the board.
Section 19. Section 
53E-1-201
 is amended to read:
53E-1-201.
Reports to and action required of the Education Interim Committee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Education Interim Committee:
(a) the report described in Section 
9-22-109
 by the STEM Action Center Board,
including the information described in Section 
9-22-113
 on the status of the computer science
initiative and Section 
9-22-114
 on the Computing Partnerships Grants Program;
(b) the prioritized list of data research described in Section 
35A-14-302
 and the report
on research described in Section 
35A-14-304
 by the Utah Data Research Center;
(c) the report described in Section 
35A-15-303
 by the State Board of Education on
preschool programs;
(d) the report described in Section 
53B-1-402
 by the Utah Board of Higher Education
on career and technical education issues and addressing workforce needs;
(e) the annual report of the Utah Board of Higher Education described in Section
53B-1-402
;
(f) the reports described in Section 
53B-28-401
 by the Utah Board of Higher Education
regarding activities related to campus safety;
(g) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(h) the annual report described in Section 
53E-2-202
 by the state board on the strategic
plan to improve student outcomes;
(i) the report described in Section 
53E-8-204
 by the state board on the Utah Schools for
the Deaf and the Blind;
(j) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k) the report described in Section 
53F-4-203
 by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(l) the report described in Section 
53F-4-407
 by the state board on UPSTART;
(m) the reports described in Sections 
53F-5-214
 and 
53F-5-215
 by the state board
related to grants for professional learning and grants for an elementary teacher preparation
assessment; and
(n) the report described in Section 
53F-5-405
 by the State Board of Education
regarding an evaluation of a partnership that receives a grant to improve educational outcomes
for students who are low income.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Education Interim Committee:
(a) the report described in Section 
35A-15-303
 by the School Readiness Board by
November 30, 2020, on benchmarks for certain preschool programs;
(b) the report described in Section 
53B-28-402
 by the Utah Board of Higher Education
on or before the Education Interim Committee's November 2021 meeting;
[
(c) the report described in Section 
53E-3-519
 by the state board regarding counseling
services in schools;
]
[
(d)
] 
(c)
 the reports described in Section 
53E-3-520
 by the state board regarding cost
centers and implementing activity based costing;
[
(e)
] 
(d)
 if required, the report described in Section 
53E-4-309
 by the state board
explaining the reasons for changing the grade level specification for the administration of
specific assessments;
[
(f)
] 
(e)
 if required, the report described in Section 
53E-5-210
 by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
[
(g)
] 
(f)
 in 2022 and in 2023, on or before November 30, the report described in
Subsection 
53E-10-309
(7) related to the PRIME pilot program;
[
(h)
] 
(g)
 the report described in Section 
53E-10-702
 by Utah Leading through
Effective, Actionable, and Dynamic Education;
[
(i)
] 
(h)
 the report described in Section 
53F-2-502
 by the state board on the program
evaluation of the dual language immersion program;
[
(j)
] 
(i)
 if required, the report described in Section 
53F-2-513
 by the state board
evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in
high poverty schools;
[
(k)
] 
(j)
 upon request, the report described in Section 
53F-5-207
 by the state board on
the Intergenerational Poverty Intervention Grants Program;
[
(l)
] 
(k)
 the report described in Section 
53F-5-210
 by the state board on the Educational
Improvement Opportunities Outside of the Regular School Day Grant Program;
[
(m)
] 
(l)
 the report described in Section 
53G-7-503
 by the state board regarding fees
that LEAs charge during the 2020-2021 school year;
[
(n)
] 
(m)
 the reports described in Section 
53G-11-304
 by the state board regarding
proposed rules and results related to educator exit surveys;
[
(o)
] 
(n)
 upon request, the report described in Section 
53G-11-505
 by the state board
on progress in implementing employee evaluations;
[
(p)
] 
(o)
 the report described in Section 
62A-15-117
 by the Division of Substance
Abuse and Mental Health, the State Board of Education, and the Department of Health
regarding recommendations related to Medicaid reimbursement for school-based health
services; and
[
(q)
] 
(p)
 the reports described in Section 
63C-19-202
 by the Higher Education Strategic
Planning Commission.
(3) In accordance with Section 
53B-7-705
, the Education Interim Committee shall
complete the review of the implementation of performance funding.
Section 20. Section 
59-10-1034
 is amended to read:
59-10-1034.
Nonrefundable high cost infrastructure development tax credit.
(1) As used in this section:
(a) "High cost infrastructure project" means the same as that term is defined in Section
63M-4-602
.
(b) "Infrastructure cost-burdened entity" means the same as that term is defined in
Section 
63M-4-602
.
(c) "Infrastructure-related revenue" means the same as that term is defined in Section
63M-4-602
.
(d) "Office" means the Office of Energy Development created in Section 
63M-4-401
.
(2) Subject to the other provisions of this section, a claimant, estate, or trust that is an
infrastructure cost-burdened entity may claim a nonrefundable tax credit for development of a
high cost infrastructure project as provided in this section.
(3) The tax credit under this section is the amount listed as the tax credit amount on a
tax credit certificate that the office issues under Title 63M, Chapter 4, Part 6, High Cost
Infrastructure Development Tax Credit Act, to the infrastructure cost-burdened entity for the
taxable year.
(4) An infrastructure cost-burdened entity may carry forward a tax credit under this
section for a period that does not exceed the next seven taxable years if:
(a) the infrastructure cost-burdened entity is allowed to claim a tax credit under this
section for a taxable year; and
(b) the amount of the tax credit exceeds the infrastructure cost-burdened entity's tax
liability under this chapter for that taxable year.
(5) (a) In accordance with Section 
59-10-137
, the Revenue and Taxation Interim
Committee shall study the tax credit allowed by this section and make recommendations
concerning whether the tax credit should be continued, modified, or repealed.
(b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
this Subsection (5), the office shall provide the following information, if available to the office,
to the Office of the Legislative Fiscal Analyst:
(A) the amount of tax credit that the office grants to each infrastructure cost-burdened
entity for each taxable year;
(B) the infrastructure-related revenue generated by each high cost infrastructure
project;
(C) the information contained in the office's latest report under Section [
63M-4-505
]
63M-4-605
; and
(D) any other information that the Office of the Legislative Fiscal Analyst requests.
(ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
redact information that identifies a recipient of a tax credit under this section.
(B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
provide the information described in Subsection (5)(b)(i) in the aggregate for all infrastructure
cost-burdened entities that receive the tax credit under this section.
(c) As part of the study required by this Subsection (5), the Office of the Legislative
Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
office under Subsection (5)(b).
(d) The Revenue and Taxation Interim Committee shall ensure that the
recommendations described in Subsection (5)(a) include an evaluation of:
(i) the cost of the tax credit to the state;
(ii) the purpose and effectiveness of the tax credit; and
(iii) the extent to which the state benefits from the tax credit.
Section 21. Section 
59-12-102
 is amended to read:
59-12-102.
Definitions.
As used in this chapter:
(1) "800 service" means a telecommunications service that:
(a) allows a caller to dial a toll-free number without incurring a charge for the call; and
(b) is typically marketed:
(i) under the name 800 toll-free calling;
(ii) under the name 855 toll-free calling;
(iii) under the name 866 toll-free calling;
(iv) under the name 877 toll-free calling;
(v) under the name 888 toll-free calling; or
(vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
Federal Communications Commission.
(2) (a) "900 service" means an inbound toll telecommunications service that:
(i) a subscriber purchases;
(ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
the subscriber's:
(A) prerecorded announcement; or
(B) live service; and
(iii) is typically marketed:
(A) under the name 900 service; or
(B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
Communications Commission.
(b) "900 service" does not include a charge for:
(i) a collection service a seller of a telecommunications service provides to a
subscriber; or
(ii) the following a subscriber sells to the subscriber's customer:
(A) a product; or
(B) a service.
(3) (a) "Admission or user fees" includes season passes.
(b) "Admission or user fees" does not include:
(i) annual membership dues to private organizations; or
(ii) a lesson, including a lesson that involves as part of the lesson equipment or a
facility listed in Subsection 
59-12-103
(1)(f).
(4) "Affiliate" or "affiliated person" means a person that, with respect to another
person:
(a) has an ownership interest of more than 5%, whether direct or indirect, in that other
person; or
(b) is related to the other person because a third person, or a group of third persons who
are affiliated persons with respect to each other, holds an ownership interest of more than 5%,
whether direct or indirect, in the related persons.
(5) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
Agreement after November 12, 2002.
(6) "Agreement combined tax rate" means the sum of the tax rates:
(a) listed under Subsection (7); and
(b) that are imposed within a local taxing jurisdiction.
(7) "Agreement sales and use tax" means a tax imposed under:
(a) Subsection 
59-12-103
(2)(a)(i)(A);
(b) Subsection 
59-12-103
(2)(b)(i);
(c) Subsection 
59-12-103
(2)(c)(i);
(d) Subsection 
59-12-103
(2)(d)(i)(A)(I);
(e) Section 
59-12-204
;
(f) Section 
59-12-401
;
(g) Section 
59-12-402
;
(h) Section 
59-12-402.1
;
(i) Section 
59-12-703
;
(j) Section 
59-12-802
;
(k) Section 
59-12-804
;
(l) Section 
59-12-1102
;
(m) Section 
59-12-1302
;
(n) Section 
59-12-1402
;
(o) Section 
59-12-1802
;
(p) Section 
59-12-2003
;
(q) Section 
59-12-2103
;
(r) Section 
59-12-2213
;
(s) Section 
59-12-2214
;
(t) Section 
59-12-2215
;
(u) Section 
59-12-2216
;
(v) Section 
59-12-2217
;
(w) Section 
59-12-2218
;
(x) Section 
59-12-2219
; or
(y) Section 
59-12-2220
.
(8) "Aircraft" means the same as that term is defined in Section 
72-10-102
.
(9) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
(a) except for:
(i) an airline as defined in Section 
59-2-102
; or
(ii) an affiliated group, as defined in Section 
59-7-101
, except that "affiliated group"
includes a corporation that is qualified to do business but is not otherwise doing business in the
state, of an airline; and
(b) that has the workers, expertise, and facilities to perform the following, regardless of
whether the business entity performs the following in this state:
(i) check, diagnose, overhaul, and repair:
(A) an onboard system of a fixed wing turbine powered aircraft; and
(B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
(ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
engine;
(iii) perform at least the following maintenance on a fixed wing turbine powered
aircraft:
(A) an inspection;
(B) a repair, including a structural repair or modification;
(C) changing landing gear; and
(D) addressing issues related to an aging fixed wing turbine powered aircraft;
(iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
completely apply new paint to the fixed wing turbine powered aircraft; and
(v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
results in a change in the fixed wing turbine powered aircraft's certification requirements by the
authority that certifies the fixed wing turbine powered aircraft.
(10) "Alcoholic beverage" means a beverage that:
(a) is suitable for human consumption; and
(b) contains .5% or more alcohol by volume.
(11) "Alternative energy" means:
(a) biomass energy;
(b) geothermal energy;
(c) hydroelectric energy;
(d) solar energy;
(e) wind energy; or
(f) energy that is derived from:
(i) coal-to-liquids;
(ii) nuclear fuel;
(iii) oil-impregnated diatomaceous earth;
(iv) oil sands;
(v) oil shale;
(vi) petroleum coke; or
(vii) waste heat from:
(A) an industrial facility; or
(B) a power station in which an electric generator is driven through a process in which
water is heated, turns into steam, and spins a steam turbine.
(12) (a) Subject to Subsection (12)(b), "alternative energy electricity production
facility" means a facility that:
(i) uses alternative energy to produce electricity; and
(ii) has a production capacity of two megawatts or greater.
(b) A facility is an alternative energy electricity production facility regardless of
whether the facility is:
(i) connected to an electric grid; or
(ii) located on the premises of an electricity consumer.
(13) (a) "Ancillary service" means a service associated with, or incidental to, the
provision of telecommunications service.
(b) "Ancillary service" includes:
(i) a conference bridging service;
(ii) a detailed communications billing service;
(iii) directory assistance;
(iv) a vertical service; or
(v) a voice mail service.
(14) "Area agency on aging" means the same as that term is defined in Section
62A-3-101
.
(15) "Assisted amusement device" means an amusement device, skill device, or ride
device that is started and stopped by an individual:
(a) who is not the purchaser or renter of the right to use or operate the amusement
device, skill device, or ride device; and
(b) at the direction of the seller of the right to use the amusement device, skill device,
or ride device.
(16) "Assisted cleaning or washing of tangible personal property" means cleaning or
washing of tangible personal property if the cleaning or washing labor is primarily performed
by an individual:
(a) who is not the purchaser of the cleaning or washing of the tangible personal
property; and
(b) at the direction of the seller of the cleaning or washing of the tangible personal
property.
(17) "Authorized carrier" means:
(a) in the case of vehicles operated over public highways, the holder of credentials
indicating that the vehicle is or will be operated pursuant to both the International Registration
Plan and the International Fuel Tax Agreement;
(b) in the case of aircraft, the holder of a Federal Aviation Administration operating
certificate or air carrier's operating certificate; or
(c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
stock in more than one state.
(18) (a) Except as provided in Subsection (18)(b), "biomass energy" means any of the
following that is used as the primary source of energy to produce fuel or electricity:
(i) material from a plant or tree; or
(ii) other organic matter that is available on a renewable basis, including:
(A) slash and brush from forests and woodlands;
(B) animal waste;
(C) waste vegetable oil;
(D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
wastewater residuals, or through the conversion of a waste material through a nonincineration,
thermal conversion process;
(E) aquatic plants; and
(F) agricultural products.
(b) "Biomass energy" does not include:
(i) black liquor; or
(ii) treated woods.
(19) (a) "Bundled transaction" means the sale of two or more items of tangible personal
property, products, or services if the tangible personal property, products, or services are:
(i) distinct and identifiable; and
(ii) sold for one nonitemized price.
(b) "Bundled transaction" does not include:
(i) the sale of tangible personal property if the sales price varies, or is negotiable, on
the basis of the selection by the purchaser of the items of tangible personal property included in
the transaction;
(ii) the sale of real property;
(iii) the sale of services to real property;
(iv) the retail sale of tangible personal property and a service if:
(A) the tangible personal property:
(I) is essential to the use of the service; and
(II) is provided exclusively in connection with the service; and
(B) the service is the true object of the transaction;
(v) the retail sale of two services if:
(A) one service is provided that is essential to the use or receipt of a second service;
(B) the first service is provided exclusively in connection with the second service; and
(C) the second service is the true object of the transaction;
(vi) a transaction that includes tangible personal property or a product subject to
taxation under this chapter and tangible personal property or a product that is not subject to
taxation under this chapter if the:
(A) seller's purchase price of the tangible personal property or product subject to
taxation under this chapter is de minimis; or
(B) seller's sales price of the tangible personal property or product subject to taxation
under this chapter is de minimis; and
(vii) the retail sale of tangible personal property that is not subject to taxation under
this chapter and tangible personal property that is subject to taxation under this chapter if:
(A) that retail sale includes:
(I) food and food ingredients;
(II) a drug;
(III) durable medical equipment;
(IV) mobility enhancing equipment;
(V) an over-the-counter drug;
(VI) a prosthetic device; or
(VII) a medical supply; and
(B) subject to Subsection (19)(f):
(I) the seller's purchase price of the tangible personal property subject to taxation under
this chapter is 50% or less of the seller's total purchase price of that retail sale; or
(II) the seller's sales price of the tangible personal property subject to taxation under
this chapter is 50% or less of the seller's total sales price of that retail sale.
(c) (i) For purposes of Subsection (19)(a)(i), tangible personal property, a product, or a
service that is distinct and identifiable does not include:
(A) packaging that:
(I) accompanies the sale of the tangible personal property, product, or service; and
(II) is incidental or immaterial to the sale of the tangible personal property, product, or
service;
(B) tangible personal property, a product, or a service provided free of charge with the
purchase of another item of tangible personal property, a product, or a service; or
(C) an item of tangible personal property, a product, or a service included in the
definition of "purchase price."
(ii) For purposes of Subsection (19)(c)(i)(B), an item of tangible personal property, a
product, or a service is provided free of charge with the purchase of another item of tangible
personal property, a product, or a service if the sales price of the purchased item of tangible
personal property, product, or service does not vary depending on the inclusion of the tangible
personal property, product, or service provided free of charge.
(d) (i) For purposes of Subsection (19)(a)(ii), property sold for one nonitemized price
does not include a price that is separately identified by tangible personal property, product, or
service on the following, regardless of whether the following is in paper format or electronic
format:
(A) a binding sales document; or
(B) another supporting sales-related document that is available to a purchaser.
(ii) For purposes of Subsection (19)(d)(i), a binding sales document or another
supporting sales-related document that is available to a purchaser includes:
(A) a bill of sale;
(B) a contract;
(C) an invoice;
(D) a lease agreement;
(E) a periodic notice of rates and services;
(F) a price list;
(G) a rate card;
(H) a receipt; or
(I) a service agreement.
(e) (i) For purposes of Subsection (19)(b)(vi), the sales price of tangible personal
property or a product subject to taxation under this chapter is de minimis if:
(A) the seller's purchase price of the tangible personal property or product is 10% or
less of the seller's total purchase price of the bundled transaction; or
(B) the seller's sales price of the tangible personal property or product is 10% or less of
the seller's total sales price of the bundled transaction.
(ii) For purposes of Subsection (19)(b)(vi), a seller:
(A) shall use the seller's purchase price or the seller's sales price to determine if the
purchase price or sales price of the tangible personal property or product subject to taxation
under this chapter is de minimis; and
(B) may not use a combination of the seller's purchase price and the seller's sales price
to determine if the purchase price or sales price of the tangible personal property or product
subject to taxation under this chapter is de minimis.
(iii) For purposes of Subsection (19)(b)(vi), a seller shall use the full term of a service
contract to determine if the sales price of tangible personal property or a product is de minimis.
(f) For purposes of Subsection (19)(b)(vii)(B), a seller may not use a combination of
the seller's purchase price and the seller's sales price to determine if tangible personal property
subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
price of that retail sale.
(20) "Certified automated system" means software certified by the governing board of
the agreement that:
(a) calculates the agreement sales and use tax imposed within a local taxing
jurisdiction:
(i) on a transaction; and
(ii) in the states that are members of the agreement;
(b) determines the amount of agreement sales and use tax to remit to a state that is a
member of the agreement; and
(c) maintains a record of the transaction described in Subsection (20)(a)(i).
(21) "Certified service provider" means an agent certified:
(a) by the governing board of the agreement; and
(b) to perform a seller's sales and use tax functions for an agreement sales and use tax,
as outlined in the contract between the governing board of the agreement and the certified
service provider, other than the seller's obligation under Section 
59-12-124
 to remit a tax on the
seller's own purchases.
(22) (a) Subject to Subsection (22)(b), "clothing" means all human wearing apparel
suitable for general use.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules:
(i) listing the items that constitute "clothing"; and
(ii) that are consistent with the list of items that constitute "clothing" under the
agreement.
(23) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
(24) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
fuels that does not constitute industrial use under Subsection (57) or residential use under
Subsection (112).
(25) (a) "Common carrier" means a person engaged in or transacting the business of
transporting passengers, freight, merchandise, or other property for hire within this state.
(b) (i) "Common carrier" does not include a person that, at the time the person is
traveling to or from that person's place of employment, transports a passenger to or from the
passenger's place of employment.
(ii) For purposes of Subsection (25)(b)(i), in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the commission may make rules defining what
constitutes a person's place of employment.
(c) "Common carrier" does not include a person that provides transportation network
services, as defined in Section 
13-51-102
.
(26) "Component part" includes:
(a) poultry, dairy, and other livestock feed, and their components;
(b) baling ties and twine used in the baling of hay and straw;
(c) fuel used for providing temperature control of orchards and commercial
greenhouses doing a majority of their business in wholesale sales, and for providing power for
off-highway type farm machinery; and
(d) feed, seeds, and seedlings.
(27) "Computer" means an electronic device that accepts information:
(a) (i) in digital form; or
(ii) in a form similar to digital form; and
(b) manipulates that information for a result based on a sequence of instructions.
(28) "Computer software" means a set of coded instructions designed to cause:
(a) a computer to perform a task; or
(b) automatic data processing equipment to perform a task.
(29) "Computer software maintenance contract" means a contract that obligates a seller
of computer software to provide a customer with:
(a) future updates or upgrades to computer software;
(b) support services with respect to computer software; or
(c) a combination of Subsections (29)(a) and (b).
(30) (a) "Conference bridging service" means an ancillary service that links two or
more participants of an audio conference call or video conference call.
(b) "Conference bridging service" may include providing a telephone number as part of
the ancillary service described in Subsection (30)(a).
(c) "Conference bridging service" does not include a telecommunications service used
to reach the ancillary service described in Subsection (30)(a).
(31) "Construction materials" means any tangible personal property that will be
converted into real property.
(32) "Delivered electronically" means delivered to a purchaser by means other than
tangible storage media.
(33) (a) "Delivery charge" means a charge:
(i) by a seller of:
(A) tangible personal property;
(B) a product transferred electronically; or
(C) a service; and
(ii) for preparation and delivery of the tangible personal property, product transferred
electronically, or services described in Subsection (33)(a)(i) to a location designated by the
purchaser.
(b) "Delivery charge" includes a charge for the following:
(i) transportation;
(ii) shipping;
(iii) postage;
(iv) handling;
(v) crating; or
(vi) packing.
(34) "Detailed telecommunications billing service" means an ancillary service of
separately stating information pertaining to individual calls on a customer's billing statement.
(35) "Dietary supplement" means a product, other than tobacco, that:
(a) is intended to supplement the diet;
(b) contains one or more of the following dietary ingredients:
(i) a vitamin;
(ii) a mineral;
(iii) an herb or other botanical;
(iv) an amino acid;
(v) a dietary substance for use by humans to supplement the diet by increasing the total
dietary intake; or
(vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
described in Subsections (35)(b)(i) through (v);
(c) (i) except as provided in Subsection (35)(c)(ii), is intended for ingestion in:
(A) tablet form;
(B) capsule form;
(C) powder form;
(D) softgel form;
(E) gelcap form; or
(F) liquid form; or
(ii) if the product is not intended for ingestion in a form described in Subsections
(35)(c)(i)(A) through (F), is not represented:
(A) as conventional food; and
(B) for use as a sole item of:
(I) a meal; or
(II) the diet; and
(d) is required to be labeled as a dietary supplement:
(i) identifiable by the "Supplemental Facts" box found on the label; and
(ii) as required by 21 C.F.R. Sec. 101.36.
(36) (a) "Digital audio work" means a work that results from the fixation of a series of
musical, spoken, or other sounds.
(b) "Digital audio work" includes a ringtone.
(37) "Digital audio-visual work" means a series of related images which, when shown
in succession, imparts an impression of motion, together with accompanying sounds, if any.
(38) "Digital book" means a work that is generally recognized in the ordinary and usual
sense as a book.
(39) (a) "Direct mail" means printed material delivered or distributed by United States
mail or other delivery service:
(i) to:
(A) a mass audience; or
(B) addressees on a mailing list provided:
(I) by a purchaser of the mailing list; or
(II) at the discretion of the purchaser of the mailing list; and
(ii) if the cost of the printed material is not billed directly to the recipients.
(b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
purchaser to a seller of direct mail for inclusion in a package containing the printed material.
(c) "Direct mail" does not include multiple items of printed material delivered to a
single address.
(40) "Directory assistance" means an ancillary service of providing:
(a) address information; or
(b) telephone number information.
(41) (a) "Disposable home medical equipment or supplies" means medical equipment
or supplies that:
(i) cannot withstand repeated use; and
(ii) are purchased by, for, or on behalf of a person other than:
(A) a health care facility as defined in Section 
26-21-2
;
(B) a health care provider as defined in Section 
78B-3-403
;
(C) an office of a health care provider described in Subsection (41)(a)(ii)(B); or
(D) a person similar to a person described in Subsections (41)(a)(ii)(A) through (C).
(b) "Disposable home medical equipment or supplies" does not include:
(i) a drug;
(ii) durable medical equipment;
(iii) a hearing aid;
(iv) a hearing aid accessory;
(v) mobility enhancing equipment; or
(vi) tangible personal property used to correct impaired vision, including:
(A) eyeglasses; or
(B) contact lenses.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes medical equipment or supplies.
(42) "Drilling equipment manufacturer" means a facility:
(a) located in the state;
(b) with respect to which 51% or more of the manufacturing activities of the facility
consist of manufacturing component parts of drilling equipment;
(c) that uses pressure of 800,000 or more pounds per square inch as part of the
manufacturing process; and
(d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
manufacturing process.
(43) (a) "Drug" means a compound, substance, or preparation, or a component of a
compound, substance, or preparation that is:
(i) recognized in:
(A) the official United States Pharmacopoeia;
(B) the official Homeopathic Pharmacopoeia of the United States;
(C) the official National Formulary; or
(D) a supplement to a publication listed in Subsections (43)(a)(i)(A) through (C);
(ii) intended for use in the:
(A) diagnosis of disease;
(B) cure of disease;
(C) mitigation of disease;
(D) treatment of disease; or
(E) prevention of disease; or
(iii) intended to affect:
(A) the structure of the body; or
(B) any function of the body.
(b) "Drug" does not include:
(i) food and food ingredients;
(ii) a dietary supplement;
(iii) an alcoholic beverage; or
(iv) a prosthetic device.
(44) (a) Except as provided in Subsection (44)(c), "durable medical equipment" means
equipment that:
(i) can withstand repeated use;
(ii) is primarily and customarily used to serve a medical purpose;
(iii) generally is not useful to a person in the absence of illness or injury; and
(iv) is not worn in or on the body.
(b) "Durable medical equipment" includes parts used in the repair or replacement of the
equipment described in Subsection (44)(a).
(c) "Durable medical equipment" does not include mobility enhancing equipment.
(45) "Electronic" means:
(a) relating to technology; and
(b) having:
(i) electrical capabilities;
(ii) digital capabilities;
(iii) magnetic capabilities;
(iv) wireless capabilities;
(v) optical capabilities;
(vi) electromagnetic capabilities; or
(vii) capabilities similar to Subsections (45)(b)(i) through (vi).
(46) "Electronic financial payment service" means an establishment:
(a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
Clearinghouse Activities, of the 2012 North American Industry Classification System of the
federal Executive Office of the President, Office of Management and Budget; and
(b) that performs electronic financial payment services.
(47) "Employee" means the same as that term is defined in Section 
59-10-401
.
(48) "Fixed guideway" means a public transit facility that uses and occupies:
(a) rail for the use of public transit; or
(b) a separate right-of-way for the use of public transit.
(49) "Fixed wing turbine powered aircraft" means an aircraft that:
(a) is powered by turbine engines;
(b) operates on jet fuel; and
(c) has wings that are permanently attached to the fuselage of the aircraft.
(50) "Fixed wireless service" means a telecommunications service that provides radio
communication between fixed points.
(51) (a) "Food and food ingredients" means substances:
(i) regardless of whether the substances are in:
(A) liquid form;
(B) concentrated form;
(C) solid form;
(D) frozen form;
(E) dried form; or
(F) dehydrated form; and
(ii) that are:
(A) sold for:
(I) ingestion by humans; or
(II) chewing by humans; and
(B) consumed for the substance's:
(I) taste; or
(II) nutritional value.
(b) "Food and food ingredients" includes an item described in Subsection (96)(b)(iii).
(c) "Food and food ingredients" does not include:
(i) an alcoholic beverage;
(ii) tobacco; or
(iii) prepared food.
(52) (a) "Fundraising sales" means sales:
(i) (A) made by a school; or
(B) made by a school student;
(ii) that are for the purpose of raising funds for the school to purchase equipment,
materials, or provide transportation; and
(iii) that are part of an officially sanctioned school activity.
(b) For purposes of Subsection (52)(a)(iii), "officially sanctioned school activity"
means a school activity:
(i) that is conducted in accordance with a formal policy adopted by the school or school
district governing the authorization and supervision of fundraising activities;
(ii) that does not directly or indirectly compensate an individual teacher or other
educational personnel by direct payment, commissions, or payment in kind; and
(iii) the net or gross revenues from which are deposited in a dedicated account
controlled by the school or school district.
(53) "Geothermal energy" means energy contained in heat that continuously flows
outward from the earth that is used as the sole source of energy to produce electricity.
(54) "Governing board of the agreement" means the governing board of the agreement
that is:
(a) authorized to administer the agreement; and
(b) established in accordance with the agreement.
(55) (a) For purposes of Subsection 
59-12-104
(41), "governmental entity" means:
(i) the executive branch of the state, including all departments, institutions, boards,
divisions, bureaus, offices, commissions, and committees;
(ii) the judicial branch of the state, including the courts, the Judicial Council, the
Administrative Office of the Courts, and similar administrative units in the judicial branch;
(iii) the legislative branch of the state, including the House of Representatives, the
Senate, the Legislative Printing Office, the Office of Legislative Research and General
Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
Analyst;
(iv) the National Guard;
(v) an independent entity as defined in Section 
63E-1-102
; or
(vi) a political subdivision as defined in Section 
17B-1-102
.
(b) "Governmental entity" does not include the state systems of public and higher
education, including:
(i) a school;
(ii) the State Board of Education;
(iii) the Utah Board of Higher Education; or
(iv) an institution of higher education described in Section 
53B-1-102
.
(56) "Hydroelectric energy" means water used as the sole source of energy to produce
electricity.
(57) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
other fuels:
(a) in mining or extraction of minerals;
(b) in agricultural operations to produce an agricultural product up to the time of
harvest or placing the agricultural product into a storage facility, including:
(i) commercial greenhouses;
(ii) irrigation pumps;
(iii) farm machinery;
(iv) implements of husbandry as defined in Section 
41-1a-102
 that are not registered
under Title 41, Chapter 1a, Part 2, Registration; and
(v) other farming activities;
(c) in manufacturing tangible personal property at an establishment described in:
(i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
the federal Executive Office of the President, Office of Management and Budget; or
(ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
American Industry Classification System of the federal Executive Office of the President,
Office of Management and Budget;
(d) by a scrap recycler if:
(i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
one or more of the following items into prepared grades of processed materials for use in new
products:
(A) iron;
(B) steel;
(C) nonferrous metal;
(D) paper;
(E) glass;
(F) plastic;
(G) textile; or
(H) rubber; and
(ii) the new products under Subsection (57)(d)(i) would otherwise be made with
nonrecycled materials; or
(e) in producing a form of energy or steam described in Subsection 
54-2-1
(3)(a) by a
cogeneration facility as defined in Section 
54-2-1
.
(58) (a) Except as provided in Subsection (58)(b), "installation charge" means a charge
for installing:
(i) tangible personal property; or
(ii) a product transferred electronically.
(b) "Installation charge" does not include a charge for:
(i) repairs or renovations of:
(A) tangible personal property; or
(B) a product transferred electronically; or
(ii) attaching tangible personal property or a product transferred electronically:
(A) to other tangible personal property; and
(B) as part of a manufacturing or fabrication process.
(59) "Institution of higher education" means an institution of higher education listed in
Section 
53B-2-101
.
(60) (a) "Lease" or "rental" means a transfer of possession or control of tangible
personal property or a product transferred electronically for:
(i) (A) a fixed term; or
(B) an indeterminate term; and
(ii) consideration.
(b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
amount of consideration may be increased or decreased by reference to the amount realized
upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
Code.
(c) "Lease" or "rental" does not include:
(i) a transfer of possession or control of property under a security agreement or
deferred payment plan that requires the transfer of title upon completion of the required
payments;
(ii) a transfer of possession or control of property under an agreement that requires the
transfer of title:
(A) upon completion of required payments; and
(B) if the payment of an option price does not exceed the greater of:
(I) $100; or
(II) 1% of the total required payments; or
(iii) providing tangible personal property along with an operator for a fixed period of
time or an indeterminate period of time if the operator is necessary for equipment to perform as
designed.
(d) For purposes of Subsection (60)(c)(iii), an operator is necessary for equipment to
perform as designed if the operator's duties exceed the:
(i) set-up of tangible personal property;
(ii) maintenance of tangible personal property; or
(iii) inspection of tangible personal property.
(61) "Lesson" means a fixed period of time for the duration of which a trained
instructor:
(a) is present with a student in person or by video; and
(b) actively instructs the student, including by providing observation or feedback.
(62) "Life science establishment" means an establishment in this state that is classified
under the following NAICS codes of the 2007 North American Industry Classification System
of the federal Executive Office of the President, Office of Management and Budget:
(a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
(b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
Manufacturing; or
(c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
(63) "Life science research and development facility" means a facility owned, leased,
or rented by a life science establishment if research and development is performed in 51% or
more of the total area of the facility.
(64) "Load and leave" means delivery to a purchaser by use of a tangible storage media
if the tangible storage media is not physically transferred to the purchaser.
(65) "Local taxing jurisdiction" means a:
(a) county that is authorized to impose an agreement sales and use tax;
(b) city that is authorized to impose an agreement sales and use tax; or
(c) town that is authorized to impose an agreement sales and use tax.
(66) "Manufactured home" means the same as that term is defined in Section
15A-1-302
.
(67) "Manufacturing facility" means:
(a) an establishment described in:
(i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
the federal Executive Office of the President, Office of Management and Budget; or
(ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
American Industry Classification System of the federal Executive Office of the President,
Office of Management and Budget;
(b) a scrap recycler if:
(i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
one or more of the following items into prepared grades of processed materials for use in new
products:
(A) iron;
(B) steel;
(C) nonferrous metal;
(D) paper;
(E) glass;
(F) plastic;
(G) textile; or
(H) rubber; and
(ii) the new products under Subsection (67)(b)(i) would otherwise be made with
nonrecycled materials; or
(c) a cogeneration facility as defined in Section 
54-2-1
 if the cogeneration facility is
placed in service on or after May 1, 2006.
(68) (a) "Marketplace" means a physical or electronic place, platform, or forum where
tangible personal property, a product transferred electronically, or a service is offered for sale.
(b) "Marketplace" includes a store, a booth, an Internet website, a catalog, or a
dedicated sales software application.
(69) (a) "Marketplace facilitator" means a person, including an affiliate of the person,
that enters into a contract, an agreement, or otherwise with sellers, for consideration, to
facilitate the sale of a seller's product through a marketplace that the person owns, operates, or
controls and that directly or indirectly:
(i) does any of the following:
(A) lists, makes available, or advertises tangible personal property, a product
transferred electronically, or a service for sale by a marketplace seller on a marketplace that the
person owns, operates, or controls;
(B) facilitates the sale of a marketplace seller's tangible personal property, product
transferred electronically, or service by transmitting or otherwise communicating an offer or
acceptance of a retail sale between the marketplace seller and a purchaser using the
marketplace;
(C) owns, rents, licenses, makes available, or operates any electronic or physical
infrastructure or any property, process, method, copyright, trademark, or patent that connects a
marketplace seller to a purchaser for the purpose of making a retail sale of tangible personal
property, a product transferred electronically, or a service;
(D) provides a marketplace for making, or otherwise facilitates, a retail sale of tangible
personal property, a product transferred electronically, or a service, regardless of ownership or
control of the tangible personal property, the product transferred electronically, or the service
that is the subject of the retail sale;
(E) provides software development or research and development activities related to
any activity described in this Subsection (69)(a)(i), if the software development or research and
development activity is directly related to the person's marketplace;
(F) provides or offers fulfillment or storage services for a marketplace seller;
(G) sets prices for the sale of tangible personal property, a product transferred
electronically, or a service by a marketplace seller;
(H) provides or offers customer service to a marketplace seller or a marketplace seller's
purchaser or accepts or assists with taking orders, returns, or exchanges of tangible personal
property, a product transferred electronically, or a service sold by a marketplace seller on the
person's marketplace; or
(I) brands or otherwise identifies sales as those of the person; and
(ii) does any of the following:
(A) collects the sales price or purchase price of a retail sale of tangible personal
property, a product transferred electronically, or a service;
(B) provides payment processing services for a retail sale of tangible personal property,
a product transferred electronically, or a service;
(C) charges, collects, or otherwise receives a selling fee, listing fee, referral fee, closing
fee, a fee for inserting or making available tangible personal property, a product transferred
electronically, or a service on the person's marketplace, or other consideration for the
facilitation of a retail sale of tangible personal property, a product transferred electronically, or
a service, regardless of ownership or control of the tangible personal property, the product
transferred electronically, or the service that is the subject of the retail sale;
(D) through terms and conditions, an agreement, or another arrangement with a third
person, collects payment from a purchase for a retail sale of tangible personal property, a
product transferred electronically, or a service and transmits that payment to the marketplace
seller, regardless of whether the third person receives compensation or other consideration in
exchange for the service; or
(E) provides a virtual currency for a purchaser to use to purchase tangible personal
property, a product transferred electronically, or service offered for sale.
(b) "Marketplace facilitator" does not include:
(i) a person that only provides payment processing services; or
(ii) a person described in Subsection (69)(a) to the extent the person is facilitating a
sale for a seller that is a restaurant as defined in Section 
59-12-602
.
(70) "Marketplace seller" means a seller that makes one or more retail sales through a
marketplace that a marketplace facilitator owns, operates, or controls, regardless of whether the
seller is required to be registered to collect and remit the tax under this part.
(71) "Member of the immediate family of the producer" means a person who is related
to a producer described in Subsection 
59-12-104
(20)(a) as a:
(a) child or stepchild, regardless of whether the child or stepchild is:
(i) an adopted child or adopted stepchild; or
(ii) a foster child or foster stepchild;
(b) grandchild or stepgrandchild;
(c) grandparent or stepgrandparent;
(d) nephew or stepnephew;
(e) niece or stepniece;
(f) parent or stepparent;
(g) sibling or stepsibling;
(h) spouse;
(i) person who is the spouse of a person described in Subsections (71)(a) through (g);
or
(j) person similar to a person described in Subsections (71)(a) through (i) as
determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(72) "Mobile home" means the same as that term is defined in Section 
15A-1-302
.
(73) "Mobile telecommunications service" means the same as that term is defined in
the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
(74) (a) "Mobile wireless service" means a telecommunications service, regardless of
the technology used, if:
(i) the origination point of the conveyance, routing, or transmission is not fixed;
(ii) the termination point of the conveyance, routing, or transmission is not fixed; or
(iii) the origination point described in Subsection (74)(a)(i) and the termination point
described in Subsection (74)(a)(ii) are not fixed.
(b) "Mobile wireless service" includes a telecommunications service that is provided
by a commercial mobile radio service provider.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define "commercial mobile radio service provider."
(75) (a) Except as provided in Subsection (75)(c), "mobility enhancing equipment"
means equipment that is:
(i) primarily and customarily used to provide or increase the ability to move from one
place to another;
(ii) appropriate for use in a:
(A) home; or
(B) motor vehicle; and
(iii) not generally used by persons with normal mobility.
(b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
the equipment described in Subsection (75)(a).
(c) "Mobility enhancing equipment" does not include:
(i) a motor vehicle;
(ii) equipment on a motor vehicle if that equipment is normally provided by the motor
vehicle manufacturer;
(iii) durable medical equipment; or
(iv) a prosthetic device.
(76) "Model 1 seller" means a seller registered under the agreement that has selected a
certified service provider as the seller's agent to perform the seller's sales and use tax functions
for agreement sales and use taxes, as outlined in the contract between the governing board of
the agreement and the certified service provider, other than the seller's obligation under Section
59-12-124
 to remit a tax on the seller's own purchases.
(77) "Model 2 seller" means a seller registered under the agreement that:
(a) except as provided in Subsection (77)(b), has selected a certified automated system
to perform the seller's sales tax functions for agreement sales and use taxes; and
(b) retains responsibility for remitting all of the sales tax:
(i) collected by the seller; and
(ii) to the appropriate local taxing jurisdiction.
(78) (a) Subject to Subsection (78)(b), "model 3 seller" means a seller registered under
the agreement that has:
(i) sales in at least five states that are members of the agreement;
(ii) total annual sales revenues of at least $500,000,000;
(iii) a proprietary system that calculates the amount of tax:
(A) for an agreement sales and use tax; and
(B) due to each local taxing jurisdiction; and
(iv) entered into a performance agreement with the governing board of the agreement.
(b) For purposes of Subsection (78)(a), "model 3 seller" includes an affiliated group of
sellers using the same proprietary system.
(79) "Model 4 seller" means a seller that is registered under the agreement and is not a
model 1 seller, model 2 seller, or model 3 seller.
(80) "Modular home" means a modular unit as defined in Section 
15A-1-302
.
(81) "Motor vehicle" means the same as that term is defined in Section 
41-1a-102
.
(82) "Oil sands" means impregnated bituminous sands that:
(a) contain a heavy, thick form of petroleum that is released when heated, mixed with
other hydrocarbons, or otherwise treated;
(b) yield mixtures of liquid hydrocarbon; and
(c) require further processing other than mechanical blending before becoming finished
petroleum products.
(83) "Oil shale" means a group of fine black to dark brown shales containing kerogen
material that yields petroleum upon heating and distillation.
(84) "Optional computer software maintenance contract" means a computer software
maintenance contract that a customer is not obligated to purchase as a condition to the retail
sale of computer software.
(85) (a) "Other fuels" means products that burn independently to produce heat or
energy.
(b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
personal property.
(86) (a) "Paging service" means a telecommunications service that provides
transmission of a coded radio signal for the purpose of activating a specific pager.
(b) For purposes of Subsection (86)(a), the transmission of a coded radio signal
includes a transmission by message or sound.
(87) "Pawn transaction" means the same as that term is defined in Section 
13-32a-102
.
[
(87)
] 
(88)
 "Pawnbroker" means the same as that term is defined in Section
13-32a-102
.
[
(88) "Pawn transaction" means the same as that term is defined in Section
13-32a-102
.
]
(89) (a) "Permanently attached to real property" means that for tangible personal
property attached to real property:
(i) the attachment of the tangible personal property to the real property:
(A) is essential to the use of the tangible personal property; and
(B) suggests that the tangible personal property will remain attached to the real
property in the same place over the useful life of the tangible personal property; or
(ii) if the tangible personal property is detached from the real property, the detachment
would:
(A) cause substantial damage to the tangible personal property; or
(B) require substantial alteration or repair of the real property to which the tangible
personal property is attached.
(b) "Permanently attached to real property" includes:
(i) the attachment of an accessory to the tangible personal property if the accessory is:
(A) essential to the operation of the tangible personal property; and
(B) attached only to facilitate the operation of the tangible personal property;
(ii) a temporary detachment of tangible personal property from real property for a
repair or renovation if the repair or renovation is performed where the tangible personal
property and real property are located; or
(iii) property attached to oil, gas, or water pipelines, except for the property listed in
Subsection (89)(c)(iii) or (iv).
(c) "Permanently attached to real property" does not include:
(i) the attachment of portable or movable tangible personal property to real property if
that portable or movable tangible personal property is attached to real property only for:
(A) convenience;
(B) stability; or
(C) for an obvious temporary purpose;
(ii) the detachment of tangible personal property from real property except for the
detachment described in Subsection (89)(b)(ii);
(iii) an attachment of the following tangible personal property to real property if the
attachment to real property is only through a line that supplies water, electricity, gas,
telecommunications, cable, or supplies a similar item as determined by the commission by rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(A) a computer;
(B) a telephone;
(C) a television; or
(D) tangible personal property similar to Subsections (89)(c)(iii)(A) through (C) as
determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; or
(iv) an item listed in Subsection (130)(c).
(90) "Person" includes any individual, firm, partnership, joint venture, association,
corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
municipality, district, or other local governmental entity of the state, or any group or
combination acting as a unit.
(91) "Place of primary use":
(a) for telecommunications service other than mobile telecommunications service,
means the street address representative of where the customer's use of the telecommunications
service primarily occurs, which shall be:
(i) the residential street address of the customer; or
(ii) the primary business street address of the customer; or
(b) for mobile telecommunications service, means the same as that term is defined in
the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
(92) (a) "Postpaid calling service" means a telecommunications service a person
obtains by making a payment on a call-by-call basis:
(i) through the use of a:
(A) bank card;
(B) credit card;
(C) debit card; or
(D) travel card; or
(ii) by a charge made to a telephone number that is not associated with the origination
or termination of the telecommunications service.
(b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
service, that would be a prepaid wireless calling service if the service were exclusively a
telecommunications service.
(93) "Postproduction" means an activity related to the finishing or duplication of a
medium described in Subsection 
59-12-104
(54)(a).
(94) "Prepaid calling service" means a telecommunications service:
(a) that allows a purchaser access to telecommunications service that is exclusively
telecommunications service;
(b) that:
(i) is paid for in advance; and
(ii) enables the origination of a call using an:
(A) access number; or
(B) authorization code;
(c) that is dialed:
(i) manually; or
(ii) electronically; and
(d) sold in predetermined units or dollars that decline:
(i) by a known amount; and
(ii) with use.
(95) "Prepaid wireless calling service" means a telecommunications service:
(a) that provides the right to utilize:
(i) mobile wireless service; and
(ii) other service that is not a telecommunications service, including:
(A) the download of a product transferred electronically;
(B) a content service; or
(C) an ancillary service;
(b) that:
(i) is paid for in advance; and
(ii) enables the origination of a call using an:
(A) access number; or
(B) authorization code;
(c) that is dialed:
(i) manually; or
(ii) electronically; and
(d) sold in predetermined units or dollars that decline:
(i) by a known amount; and
(ii) with use.
(96) (a) "Prepared food" means:
(i) food:
(A) sold in a heated state; or
(B) heated by a seller;
(ii) two or more food ingredients mixed or combined by the seller for sale as a single
item; or
(iii) except as provided in Subsection (96)(c), food sold with an eating utensil provided
by the seller, including a:
(A) plate;
(B) knife;
(C) fork;
(D) spoon;
(E) glass;
(F) cup;
(G) napkin; or
(H) straw.
(b) "Prepared food" does not include:
(i) food that a seller only:
(A) cuts;
(B) repackages; or
(C) pasteurizes; or
(ii) (A) the following:
(I) raw egg;
(II) raw fish;
(III) raw meat;
(IV) raw poultry; or
(V) a food containing an item described in Subsections (96)(b)(ii)(A)(I) through (IV);
and
(B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
Food and Drug Administration's Food Code that a consumer cook the items described in
Subsection (96)(b)(ii)(A) to prevent food borne illness; or
(iii) the following if sold without eating utensils provided by the seller:
(A) food and food ingredients sold by a seller if the seller's proper primary
classification under the 2002 North American Industry Classification System of the federal
Executive Office of the President, Office of Management and Budget, is manufacturing in
Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
Manufacturing;
(B) food and food ingredients sold in an unheated state:
(I) by weight or volume; and
(II) as a single item; or
(C) a bakery item, including:
(I) a bagel;
(II) a bar;
(III) a biscuit;
(IV) bread;
(V) a bun;
(VI) a cake;
(VII) a cookie;
(VIII) a croissant;
(IX) a danish;
(X) a donut;
(XI) a muffin;
(XII) a pastry;
(XIII) a pie;
(XIV) a roll;
(XV) a tart;
(XVI) a torte; or
(XVII) a tortilla.
(c) An eating utensil provided by the seller does not include the following used to
transport the food:
(i) a container; or
(ii) packaging.
(97) "Prescription" means an order, formula, or recipe that is issued:
(a) (i) orally;
(ii) in writing;
(iii) electronically; or
(iv) by any other manner of transmission; and
(b) by a licensed practitioner authorized by the laws of a state.
(98) (a) Except as provided in Subsection (98)(b)(ii) or (iii), "prewritten computer
software" means computer software that is not designed and developed:
(i) by the author or other creator of the computer software; and
(ii) to the specifications of a specific purchaser.
(b) "Prewritten computer software" includes:
(i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
software is not designed and developed:
(A) by the author or other creator of the computer software; and
(B) to the specifications of a specific purchaser;
(ii) computer software designed and developed by the author or other creator of the
computer software to the specifications of a specific purchaser if the computer software is sold
to a person other than the purchaser; or
(iii) except as provided in Subsection (98)(c), prewritten computer software or a
prewritten portion of prewritten computer software:
(A) that is modified or enhanced to any degree; and
(B) if the modification or enhancement described in Subsection (98)(b)(iii)(A) is
designed and developed to the specifications of a specific purchaser.
(c) "Prewritten computer software" does not include a modification or enhancement
described in Subsection (98)(b)(iii) if the charges for the modification or enhancement are:
(i) reasonable; and
(ii) subject to Subsections 
59-12-103
(2)(e)(ii) and (2)(f)(i), separately stated on the
invoice or other statement of price provided to the purchaser at the time of sale or later, as
demonstrated by:
(A) the books and records the seller keeps at the time of the transaction in the regular
course of business, including books and records the seller keeps at the time of the transaction in
the regular course of business for nontax purposes;
(B) a preponderance of the facts and circumstances at the time of the transaction; and
(C) the understanding of all of the parties to the transaction.
(99) (a) "Private communications service" means a telecommunications service:
(i) that entitles a customer to exclusive or priority use of one or more communications
channels between or among termination points; and
(ii) regardless of the manner in which the one or more communications channels are
connected.
(b) "Private communications service" includes the following provided in connection
with the use of one or more communications channels:
(i) an extension line;
(ii) a station;
(iii) switching capacity; or
(iv) another associated service that is provided in connection with the use of one or
more communications channels as defined in Section 
59-12-215
.
(100) (a) Except as provided in Subsection (100)(b), "product transferred
electronically" means a product transferred electronically that would be subject to a tax under
this chapter if that product was transferred in a manner other than electronically.
(b) "Product transferred electronically" does not include:
(i) an ancillary service;
(ii) computer software; or
(iii) a telecommunications service.
(101) (a) "Prosthetic device" means a device that is worn on or in the body to:
(i) artificially replace a missing portion of the body;
(ii) prevent or correct a physical deformity or physical malfunction; or
(iii) support a weak or deformed portion of the body.
(b) "Prosthetic device" includes:
(i) parts used in the repairs or renovation of a prosthetic device;
(ii) replacement parts for a prosthetic device;
(iii) a dental prosthesis; or
(iv) a hearing aid.
(c) "Prosthetic device" does not include:
(i) corrective eyeglasses; or
(ii) contact lenses.
(102) (a) "Protective equipment" means an item:
(i) for human wear; and
(ii) that is:
(A) designed as protection:
(I) to the wearer against injury or disease; or
(II) against damage or injury of other persons or property; and
(B) not suitable for general use.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules:
(i) listing the items that constitute "protective equipment"; and
(ii) that are consistent with the list of items that constitute "protective equipment"
under the agreement.
(103) (a) For purposes of Subsection 
59-12-104
(41), "publication" means any written
or printed matter, other than a photocopy:
(i) regardless of:
(A) characteristics;
(B) copyright;
(C) form;
(D) format;
(E) method of reproduction; or
(F) source; and
(ii) made available in printed or electronic format.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "photocopy."
(104) (a) "Purchase price" and "sales price" mean the total amount of consideration:
(i) valued in money; and
(ii) for which tangible personal property, a product transferred electronically, or
services are:
(A) sold;
(B) leased; or
(C) rented.
(b) "Purchase price" and "sales price" include:
(i) the seller's cost of the tangible personal property, a product transferred
electronically, or services sold;
(ii) expenses of the seller, including:
(A) the cost of materials used;
(B) a labor cost;
(C) a service cost;
(D) interest;
(E) a loss;
(F) the cost of transportation to the seller; or
(G) a tax imposed on the seller;
(iii) a charge by the seller for any service necessary to complete the sale; or
(iv) consideration a seller receives from a person other than the purchaser if:
(A) (I) the seller actually receives consideration from a person other than the purchaser;
and
(II) the consideration described in Subsection (104)(b)(iv)(A)(I) is directly related to a
price reduction or discount on the sale;
(B) the seller has an obligation to pass the price reduction or discount through to the
purchaser;
(C) the amount of the consideration attributable to the sale is fixed and determinable by
the seller at the time of the sale to the purchaser; and
(D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
seller to claim a price reduction or discount; and
(Bb) a person other than the seller authorizes, distributes, or grants the certificate,
coupon, or other documentation with the understanding that the person other than the seller
will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
(II) the purchaser identifies that purchaser to the seller as a member of a group or
organization allowed a price reduction or discount, except that a preferred customer card that is
available to any patron of a seller does not constitute membership in a group or organization
allowed a price reduction or discount; or
(III) the price reduction or discount is identified as a third party price reduction or
discount on the:
(Aa) invoice the purchaser receives; or
(Bb) certificate, coupon, or other documentation the purchaser presents.
(c) "Purchase price" and "sales price" do not include:
(i) a discount:
(A) in a form including:
(I) cash;
(II) term; or
(III) coupon;
(B) that is allowed by a seller;
(C) taken by a purchaser on a sale; and
(D) that is not reimbursed by a third party; or
(ii) subject to Subsections 
59-12-103
(2)(e)(ii) and (2)(f)(i), the following if separately
stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
sale or later, as demonstrated by the books and records the seller keeps at the time of the
transaction in the regular course of business, including books and records the seller keeps at the
time of the transaction in the regular course of business for nontax purposes, by a
preponderance of the facts and circumstances at the time of the transaction, and by the
understanding of all of the parties to the transaction:
(A) the following from credit extended on the sale of tangible personal property or
services:
(I) a carrying charge;
(II) a financing charge; or
(III) an interest charge;
(B) a delivery charge;
(C) an installation charge;
(D) a manufacturer rebate on a motor vehicle; or
(E) a tax or fee legally imposed directly on the consumer.
(105) "Purchaser" means a person to whom:
(a) a sale of tangible personal property is made;
(b) a product is transferred electronically; or
(c) a service is furnished.
(106) "Qualifying data center" means a data center facility that:
(a) houses a group of networked server computers in one physical location in order to
disseminate, manage, and store data and information;
(b) is located in the state;
(c) is a new operation constructed on or after July 1, 2016;
(d) consists of one or more buildings that total 150,000 or more square feet;
(e) is owned or leased by:
(i) the operator of the data center facility; or
(ii) a person under common ownership, as defined in Section 
59-7-101
, of the operator
of the data center facility; and
(f) is located on one or more parcels of land that are owned or leased by:
(i) the operator of the data center facility; or
(ii) a person under common ownership, as defined in Section 
59-7-101
, of the operator
of the data center facility.
(107) "Regularly rented" means:
(a) rented to a guest for value three or more times during a calendar year; or
(b) advertised or held out to the public as a place that is regularly rented to guests for
value.
(108) "Rental" means the same as that term is defined in Subsection (60).
(109) (a) Except as provided in Subsection (109)(b), "repairs or renovations of tangible
personal property" means:
(i) a repair or renovation of tangible personal property that is not permanently attached
to real property; or
(ii) attaching tangible personal property or a product transferred electronically to other
tangible personal property or detaching tangible personal property or a product transferred
electronically from other tangible personal property if:
(A) the other tangible personal property to which the tangible personal property or
product transferred electronically is attached or from which the tangible personal property or
product transferred electronically is detached is not permanently attached to real property; and
(B) the attachment of tangible personal property or a product transferred electronically
to other tangible personal property or detachment of tangible personal property or a product
transferred electronically from other tangible personal property is made in conjunction with a
repair or replacement of tangible personal property or a product transferred electronically.
(b) "Repairs or renovations of tangible personal property" does not include:
(i) attaching prewritten computer software to other tangible personal property if the
other tangible personal property to which the prewritten computer software is attached is not
permanently attached to real property; or
(ii) detaching prewritten computer software from other tangible personal property if the
other tangible personal property from which the prewritten computer software is detached is
not permanently attached to real property.
(110) "Research and development" means the process of inquiry or experimentation
aimed at the discovery of facts, devices, technologies, or applications and the process of
preparing those devices, technologies, or applications for marketing.
(111) (a) "Residential telecommunications services" means a telecommunications
service or an ancillary service that is provided to an individual for personal use:
(i) at a residential address; or
(ii) at an institution, including a nursing home or a school, if the telecommunications
service or ancillary service is provided to and paid for by the individual residing at the
institution rather than the institution.
(b) For purposes of Subsection (111)(a)(i), a residential address includes an:
(i) apartment; or
(ii) other individual dwelling unit.
(112) "Residential use" means the use in or around a home, apartment building,
sleeping quarters, and similar facilities or accommodations.
(113) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
than:
(a) resale;
(b) sublease; or
(c) subrent.
(114) (a) "Retailer" means any person, unless prohibited by the Constitution of the
United States or federal law, that is engaged in a regularly organized business in tangible
personal property or any other taxable transaction under Subsection 
59-12-103
(1), and who is
selling to the user or consumer and not for resale.
(b) "Retailer" includes commission merchants, auctioneers, and any person regularly
engaged in the business of selling to users or consumers within the state.
(115) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
otherwise, in any manner, of tangible personal property or any other taxable transaction under
Subsection 
59-12-103
(1), for consideration.
(b) "Sale" includes:
(i) installment and credit sales;
(ii) any closed transaction constituting a sale;
(iii) any sale of electrical energy, gas, services, or entertainment taxable under this
chapter;
(iv) any transaction if the possession of property is transferred but the seller retains the
title as security for the payment of the price; and
(v) any transaction under which right to possession, operation, or use of any article of
tangible personal property is granted under a lease or contract and the transfer of possession
would be taxable if an outright sale were made.
(116) "Sale at retail" means the same as that term is defined in Subsection (113).
(117) "Sale-leaseback transaction" means a transaction by which title to tangible
personal property or a product transferred electronically that is subject to a tax under this
chapter is transferred:
(a) by a purchaser-lessee;
(b) to a lessor;
(c) for consideration; and
(d) if:
(i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
of the tangible personal property or product transferred electronically;
(ii) the sale of the tangible personal property or product transferred electronically to the
lessor is intended as a form of financing:
(A) for the tangible personal property or product transferred electronically; and
(B) to the purchaser-lessee; and
(iii) in accordance with generally accepted accounting principles, the purchaser-lessee
is required to:
(A) capitalize the tangible personal property or product transferred electronically for
financial reporting purposes; and
(B) account for the lease payments as payments made under a financing arrangement.
(118) "Sales price" means the same as that term is defined in Subsection (104).
(119) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
amounts charged by a school:
(i) sales that are directly related to the school's educational functions or activities
including:
(A) the sale of:
(I) textbooks;
(II) textbook fees;
(III) laboratory fees;
(IV) laboratory supplies; or
(V) safety equipment;
(B) the sale of a uniform, protective equipment, or sports or recreational equipment
that:
(I) a student is specifically required to wear as a condition of participation in a
school-related event or school-related activity; and
(II) is not readily adaptable to general or continued usage to the extent that it takes the
place of ordinary clothing;
(C) sales of the following if the net or gross revenues generated by the sales are
deposited into a school district fund or school fund dedicated to school meals:
(I) food and food ingredients; or
(II) prepared food; or
(D) transportation charges for official school activities; or
(ii) amounts paid to or amounts charged by a school for admission to a school-related
event or school-related activity.
(b) "Sales relating to schools" does not include:
(i) bookstore sales of items that are not educational materials or supplies;
(ii) except as provided in Subsection (119)(a)(i)(B):
(A) clothing;
(B) clothing accessories or equipment;
(C) protective equipment; or
(D) sports or recreational equipment; or
(iii) amounts paid to or amounts charged by a school for admission to a school-related
event or school-related activity if the amounts paid or charged are passed through to a person:
(A) other than a:
(I) school;
(II) nonprofit organization authorized by a school board or a governing body of a
private school to organize and direct a competitive secondary school activity; or
(III) nonprofit association authorized by a school board or a governing body of a
private school to organize and direct a competitive secondary school activity; and
(B) that is required to collect sales and use taxes under this chapter.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules defining the term "passed through."
(120) For purposes of this section and Section 
59-12-104
, "school" means:
(a) an elementary school or a secondary school that:
(i) is a:
(A) public school; or
(B) private school; and
(ii) provides instruction for one or more grades kindergarten through 12; or
(b) a public school district.
(121) (a) "Seller" means a person that makes a sale, lease, or rental of:
(i) tangible personal property;
(ii) a product transferred electronically; or
(iii) a service.
(b) "Seller" includes a marketplace facilitator.
(122) (a) "Semiconductor fabricating, processing, research, or development materials"
means tangible personal property or a product transferred electronically if the tangible personal
property or product transferred electronically is:
(i) used primarily in the process of:
(A) (I) manufacturing a semiconductor;
(II) fabricating a semiconductor; or
(III) research or development of a:
(Aa) semiconductor; or
(Bb) semiconductor manufacturing process; or
(B) maintaining an environment suitable for a semiconductor; or
(ii) consumed primarily in the process of:
(A) (I) manufacturing a semiconductor;
(II) fabricating a semiconductor; or
(III) research or development of a:
(Aa) semiconductor; or
(Bb) semiconductor manufacturing process; or
(B) maintaining an environment suitable for a semiconductor.
(b) "Semiconductor fabricating, processing, research, or development materials"
includes:
(i) parts used in the repairs or renovations of tangible personal property or a product
transferred electronically described in Subsection (122)(a); or
(ii) a chemical, catalyst, or other material used to:
(A) produce or induce in a semiconductor a:
(I) chemical change; or
(II) physical change;
(B) remove impurities from a semiconductor; or
(C) improve the marketable condition of a semiconductor.
(123) "Senior citizen center" means a facility having the primary purpose of providing
services to the aged as defined in Section 
62A-3-101
.
(124) (a) Subject to Subsections (124)(b) and (c), "short-term lodging consumable"
means tangible personal property that:
(i) a business that provides accommodations and services described in Subsection
59-12-103
(1)(i) purchases as part of a transaction to provide the accommodations and services
to a purchaser;
(ii) is intended to be consumed by the purchaser; and
(iii) is:
(A) included in the purchase price of the accommodations and services; and
(B) not separately stated on an invoice, bill of sale, or other similar document provided
to the purchaser.
(b) "Short-term lodging consumable" includes:
(i) a beverage;
(ii) a brush or comb;
(iii) a cosmetic;
(iv) a hair care product;
(v) lotion;
(vi) a magazine;
(vii) makeup;
(viii) a meal;
(ix) mouthwash;
(x) nail polish remover;
(xi) a newspaper;
(xii) a notepad;
(xiii) a pen;
(xiv) a pencil;
(xv) a razor;
(xvi) saline solution;
(xvii) a sewing kit;
(xviii) shaving cream;
(xix) a shoe shine kit;
(xx) a shower cap;
(xxi) a snack item;
(xxii) soap;
(xxiii) toilet paper;
(xxiv) a toothbrush;
(xxv) toothpaste; or
(xxvi) an item similar to Subsections (124)(b)(i) through (xxv) as the commission may
provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(c) "Short-term lodging consumable" does not include:
(i) tangible personal property that is cleaned or washed to allow the tangible personal
property to be reused; or
(ii) a product transferred electronically.
(125) "Simplified electronic return" means the electronic return:
(a) described in Section 318(C) of the agreement; and
(b) approved by the governing board of the agreement.
(126) "Solar energy" means the sun used as the sole source of energy for producing
electricity.
(127) (a) "Sports or recreational equipment" means an item:
(i) designed for human use; and
(ii) that is:
(A) worn in conjunction with:
(I) an athletic activity; or
(II) a recreational activity; and
(B) not suitable for general use.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules:
(i) listing the items that constitute "sports or recreational equipment"; and
(ii) that are consistent with the list of items that constitute "sports or recreational
equipment" under the agreement.
(128) "State" means the state of Utah, its departments, and agencies.
(129) "Storage" means any keeping or retention of tangible personal property or any
other taxable transaction under Subsection 
59-12-103
(1), in this state for any purpose except
sale in the regular course of business.
(130) (a) Except as provided in Subsection (130)(d) or (e), "tangible personal property"
means personal property that:
(i) may be:
(A) seen;
(B) weighed;
(C) measured;
(D) felt; or
(E) touched; or
(ii) is in any manner perceptible to the senses.
(b) "Tangible personal property" includes:
(i) electricity;
(ii) water;
(iii) gas;
(iv) steam; or
(v) prewritten computer software, regardless of the manner in which the prewritten
computer software is transferred.
(c) "Tangible personal property" includes the following regardless of whether the item
is attached to real property:
(i) a dishwasher;
(ii) a dryer;
(iii) a freezer;
(iv) a microwave;
(v) a refrigerator;
(vi) a stove;
(vii) a washer; or
(viii) an item similar to Subsections (130)(c)(i) through (vii) as determined by the
commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(d) "Tangible personal property" does not include a product that is transferred
electronically.
(e) "Tangible personal property" does not include the following if attached to real
property, regardless of whether the attachment to real property is only through a line that
supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i) a hot water heater;
(ii) a water filtration system; or
(iii) a water softener system.
(131) (a) "Telecommunications enabling or facilitating equipment, machinery, or
software" means an item listed in Subsection (131)(b) if that item is purchased or leased
primarily to enable or facilitate one or more of the following to function:
(i) telecommunications switching or routing equipment, machinery, or software; or
(ii) telecommunications transmission equipment, machinery, or software.
(b) The following apply to Subsection (131)(a):
(i) a pole;
(ii) software;
(iii) a supplementary power supply;
(iv) temperature or environmental equipment or machinery;
(v) test equipment;
(vi) a tower; or
(vii) equipment, machinery, or software that functions similarly to an item listed in
Subsections (131)(b)(i) through (vi) as determined by the commission by rule made in
accordance with Subsection (131)(c).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes equipment, machinery, or software that
functions similarly to an item listed in Subsections (131)(b)(i) through (vi).
(132) "Telecommunications equipment, machinery, or software required for 911
service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
Sec. 20.18.
(133) "Telecommunications maintenance or repair equipment, machinery, or software"
means equipment, machinery, or software purchased or leased primarily to maintain or repair
one or more of the following, regardless of whether the equipment, machinery, or software is
purchased or leased as a spare part or as an upgrade or modification to one or more of the
following:
(a) telecommunications enabling or facilitating equipment, machinery, or software;
(b) telecommunications switching or routing equipment, machinery, or software; or
(c) telecommunications transmission equipment, machinery, or software.
(134) (a) "Telecommunications service" means the electronic conveyance, routing, or
transmission of audio, data, video, voice, or any other information or signal to a point, or
among or between points.
(b) "Telecommunications service" includes:
(i) an electronic conveyance, routing, or transmission with respect to which a computer
processing application is used to act:
(A) on the code, form, or protocol of the content;
(B) for the purpose of electronic conveyance, routing, or transmission; and
(C) regardless of whether the service:
(I) is referred to as voice over Internet protocol service; or
(II) is classified by the Federal Communications Commission as enhanced or value
added;
(ii) an 800 service;
(iii) a 900 service;
(iv) a fixed wireless service;
(v) a mobile wireless service;
(vi) a postpaid calling service;
(vii) a prepaid calling service;
(viii) a prepaid wireless calling service; or
(ix) a private communications service.
(c) "Telecommunications service" does not include:
(i) advertising, including directory advertising;
(ii) an ancillary service;
(iii) a billing and collection service provided to a third party;
(iv) a data processing and information service if:
(A) the data processing and information service allows data to be:
(I) (Aa) acquired;
(Bb) generated;
(Cc) processed;
(Dd) retrieved; or
(Ee) stored; and
(II) delivered by an electronic transmission to a purchaser; and
(B) the purchaser's primary purpose for the underlying transaction is the processed data
or information;
(v) installation or maintenance of the following on a customer's premises:
(A) equipment; or
(B) wiring;
(vi) Internet access service;
(vii) a paging service;
(viii) a product transferred electronically, including:
(A) music;
(B) reading material;
(C) a ring tone;
(D) software; or
(E) video;
(ix) a radio and television audio and video programming service:
(A) regardless of the medium; and
(B) including:
(I) furnishing conveyance, routing, or transmission of a television audio and video
programming service by a programming service provider;
(II) cable service as defined in 47 U.S.C. Sec. 522(6); or
(III) audio and video programming services delivered by a commercial mobile radio
service provider as defined in 47 C.F.R. Sec. 20.3;
(x) a value-added nonvoice data service; or
(xi) tangible personal property.
(135) (a) "Telecommunications service provider" means a person that:
(i) owns, controls, operates, or manages a telecommunications service; and
(ii) engages in an activity described in Subsection (135)(a)(i) for the shared use with or
resale to any person of the telecommunications service.
(b) A person described in Subsection (135)(a) is a telecommunications service provider
whether or not the Public Service Commission of Utah regulates:
(i) that person; or
(ii) the telecommunications service that the person owns, controls, operates, or
manages.
(136) (a) "Telecommunications switching or routing equipment, machinery, or
software" means an item listed in Subsection (136)(b) if that item is purchased or leased
primarily for switching or routing:
(i) an ancillary service;
(ii) data communications;
(iii) voice communications; or
(iv) telecommunications service.
(b) The following apply to Subsection (136)(a):
(i) a bridge;
(ii) a computer;
(iii) a cross connect;
(iv) a modem;
(v) a multiplexer;
(vi) plug in circuitry;
(vii) a router;
(viii) software;
(ix) a switch; or
(x) equipment, machinery, or software that functions similarly to an item listed in
Subsections (136)(b)(i) through (ix) as determined by the commission by rule made in
accordance with Subsection (136)(c).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes equipment, machinery, or software that
functions similarly to an item listed in Subsections (136)(b)(i) through (ix).
(137) (a) "Telecommunications transmission equipment, machinery, or software"
means an item listed in Subsection (137)(b) if that item is purchased or leased primarily for
sending, receiving, or transporting:
(i) an ancillary service;
(ii) data communications;
(iii) voice communications; or
(iv) telecommunications service.
(b) The following apply to Subsection (137)(a):
(i) an amplifier;
(ii) a cable;
(iii) a closure;
(iv) a conduit;
(v) a controller;
(vi) a duplexer;
(vii) a filter;
(viii) an input device;
(ix) an input/output device;
(x) an insulator;
(xi) microwave machinery or equipment;
(xii) an oscillator;
(xiii) an output device;
(xiv) a pedestal;
(xv) a power converter;
(xvi) a power supply;
(xvii) a radio channel;
(xviii) a radio receiver;
(xix) a radio transmitter;
(xx) a repeater;
(xxi) software;
(xxii) a terminal;
(xxiii) a timing unit;
(xxiv) a transformer;
(xxv) a wire; or
(xxvi) equipment, machinery, or software that functions similarly to an item listed in
Subsections (137)(b)(i) through (xxv) as determined by the commission by rule made in
accordance with Subsection (137)(c).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define what constitutes equipment, machinery, or software that
functions similarly to an item listed in Subsections (137)(b)(i) through (xxv).
(138) (a) "Textbook for a higher education course" means a textbook or other printed
material that is required for a course:
(i) offered by an institution of higher education; and
(ii) that the purchaser of the textbook or other printed material attends or will attend.
(b) "Textbook for a higher education course" includes a textbook in electronic format.
(139) "Tobacco" means:
(a) a cigarette;
(b) a cigar;
(c) chewing tobacco;
(d) pipe tobacco; or
(e) any other item that contains tobacco.
(140) "Unassisted amusement device" means an amusement device, skill device, or
ride device that is started and stopped by the purchaser or renter of the right to use or operate
the amusement device, skill device, or ride device.
(141) (a) "Use" means the exercise of any right or power over tangible personal
property, a product transferred electronically, or a service under Subsection 
59-12-103
(1),
incident to the ownership or the leasing of that tangible personal property, product transferred
electronically, or service.
(b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
property, a product transferred electronically, or a service in the regular course of business and
held for resale.
(142) "Value-added nonvoice data service" means a service:
(a) that otherwise meets the definition of a telecommunications service except that a
computer processing application is used to act primarily for a purpose other than conveyance,
routing, or transmission; and
(b) with respect to which a computer processing application is used to act on data or
information:
(i) code;
(ii) content;
(iii) form; or
(iv) protocol.
(143) (a) Subject to Subsection (143)(b), "vehicle" means the following that are
required to be titled, registered, or titled and registered:
(i) an aircraft as defined in Section 
72-10-102
;
(ii) a vehicle as defined in Section 
41-1a-102
;
(iii) an off-highway vehicle as defined in Section 
41-22-2
; or
(iv) a vessel as defined in Section 
41-1a-102
.
(b) For purposes of Subsection 
59-12-104
(33) only, "vehicle" includes:
(i) a vehicle described in Subsection (143)(a); or
(ii) (A) a locomotive;
(B) a freight car;
(C) railroad work equipment; or
(D) other railroad rolling stock.
(144) "Vehicle dealer" means a person engaged in the business of buying, selling, or
exchanging a vehicle as defined in Subsection (143).
(145) (a) "Vertical service" means an ancillary service that:
(i) is offered in connection with one or more telecommunications services; and
(ii) offers an advanced calling feature that allows a customer to:
(A) identify a caller; and
(B) manage multiple calls and call connections.
(b) "Vertical service" includes an ancillary service that allows a customer to manage a
conference bridging service.
(146) (a) "Voice mail service" means an ancillary service that enables a customer to
receive, send, or store a recorded message.
(b) "Voice mail service" does not include a vertical service that a customer is required
to have in order to utilize a voice mail service.
(147) (a) Except as provided in Subsection (147)(b), "waste energy facility" means a
facility that generates electricity:
(i) using as the primary source of energy waste materials that would be placed in a
landfill or refuse pit if it were not used to generate electricity, including:
(A) tires;
(B) waste coal;
(C) oil shale; or
(D) municipal solid waste; and
(ii) in amounts greater than actually required for the operation of the facility.
(b) "Waste energy facility" does not include a facility that incinerates:
(i) hospital waste as defined in 40 C.F.R. 60.51c; or
(ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
(148) "Watercraft" means a vessel as defined in Section 
73-18-2
.
(149) "Wind energy" means wind used as the sole source of energy to produce
electricity.
(150) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
location by the United States Postal Service.
Section 22. Section 
62A-15-103.5
 is amended to read:
62A-15-103.5.
Provider certification.
The division may not require a licensed mental health therapist, as defined in Section
58-60-102
, to also be licensed by the Office of Licensing, [
with the Department of Human
Services,
] 
within the department,
 in order to certify the licensed mental health therapist to
provide mental health or substance use disorder screening, assessment, treatment, or recovery
support services to an individual who is incarcerated or who is required to participate in
treatment by a court or by the Board of Pardons and Parole.
Section 23. Section 
63B-1-306
 is amended to read:
63B-1-306.
Obligations issued by authority -- Limitation of liability on
obligations -- Limitation on amount of obligations issued.
(1) (a) All obligations issued by the authority under this part shall be limited
obligations of the authority and may not constitute, nor give rise to, a general obligation or
liability of, nor a charge against the general credit or taxing power of, this state or any of its
political subdivisions.
(b) This limitation shall be plainly stated upon all obligations.
(2) (a) No authority obligations incurred under this section may be issued in an amount
exceeding the difference between the total indebtedness of the state and an amount equal to
1-1/2% of the value of the taxable property of the state.
(b) Debt issued under authority of the following parts or sections may not be included
as part of the total indebtedness of the state of Utah in determining the debt limit established by
this Subsection (2):
(i) Title 63B, Chapter 6, Part 2, 1997 Highway General Obligation Bond
Authorization;
(ii) Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note Authorization;
(iii) Title 63B, Chapter 7, Part 2, 1998 Highway General Obligation Bond
Authorization;
(iv) Title 63B, Chapter 7, Part 3, 1998 Highway Bond Anticipation Note
Authorization;
(v) Title 63B, Chapter 8, Part 2, 1999 Highway General Obligation Bond
Authorization;
(vi) Title 63B, Chapter 8, Part 3, 1999 Highway Bond Anticipation Note
Authorization;
[
(vii) Title 63B, Chapter 9, Part 2, 2000 Highway General Obligation Bond;
]
[
(viii)
] 
(vii)
 Title 63B, Chapter 10, Part 1, 2001 Highway General Obligation Bonds;
[
(ix)
] 
(viii)
 Title 63B, Chapter 10, Part 2, 2001 Highway General Obligation Bond
Anticipation Notes Authorization;
[
(x)
] 
(ix)
 Title 63B, Chapter 11, Part 5, 2002 Highway General Obligation Bonds for
Salt Lake County;
[
(xi)
] 
(x)
 Title 63B, Chapter 11, Part 6, 2002 Highway General Obligation Bond
Anticipation Notes for Salt Lake County;
[
(xii)
] 
(xi)
 Section 
63B-13-102
;
[
(xiii)
] 
(xii)
 Section 
63B-16-101
;
[
(xiv)
] 
(xiii)
 Section 
63B-16-102
;
[
(xv)
] 
(xiv)
 Section 
63B-18-401
;
[
(xvi)
] 
(xv)
 Section 
63B-18-402
; and
[
(xvii)
] 
(xvi)
 Title 63B, Chapter 27, Part 1, 2017 Highway General Obligation Bonds.
(c) Debt issued under authority of Section 
63B-7-503
 may not be included as part of
the total indebtedness of the state in determining the debt limit established by this Subsection
(2).
(3) The obligations shall be authorized by resolution of the authority, following
approval of the Legislature, and may:
(a) be executed and delivered at any time, and from time to time, as the authority may
determine;
(b) be sold at public or private sale in the manner and at the prices, either at, in excess
of, or below their face value and at the times that the authority determines;
(c) be in the form and denominations that the authority determines;
(d) be of the tenor that the authority determines;
(e) be in registered or bearer form either as to principal or interest or both;
(f) be payable in those installments and at the times that the authority determines;
(g) be payable at the places, either within or without this state, that the authority
determines;
(h) bear interest at the rate or rates, payable at the place or places, and evidenced in the
manner, that the authority determines;
(i) be redeemable before maturity, with or without premium;
(j) contain any other provisions not inconsistent with this part that are considered to be
for the best interests of the authority and provided for in the proceedings of the authority under
which the bonds are authorized to be issued; and
(k) bear facsimile signatures and seals.
(4) The authority may pay any expenses, premiums, or commissions, that it considers
necessary or advantageous in connection with the authorization, sale, and issuance of these
obligations, from the proceeds of the sale of the obligations or from the revenues of the projects
involved.
Section 24. Section 
63C-4a-102
 is amended to read:
63C-4a-102.
Definitions.
As used in this chapter:
(1) "Account" means the Constitutional Defense Restricted Account, created in Section
63C-4a-402
.
(2) "Commission" means the Federalism Commission, created in Section 
63C-4a-302
.
(3) "Constitutional defense plan" means a plan that outlines actions and expenditures to
fulfill the duties of the commission and the council.
(4) "Council" means the Constitutional Defense Council, created in Section
63C-4a-202
.
(5) "Federal governmental entity" means:
(a) the president of the United States;
(b) the United States Congress;
(c) a United States agency; or
(d) an employee or official appointed by the president of the United States.
(6) "Federal issue" means a matter relating to the federal government's dealings with
the state[
, including a matter described in Section 
63C-4a-309
].
(7) "Federal law" means:
(a) an executive order by the president of the United States;
(b) a statute passed by the United States Congress;
(c) a regulation adopted by a United States agency; or
(d) a policy statement, order, guidance, or action by:
(i) a United States agency; or
(ii) an employee or official appointed by the president of the United States.
(8) "R.S. 2477" means Revised Statute 2477, codified as 43 U.S.C. Section 932.
(9) "R.S. 2477 plan" means a guiding document that:
(a) is developed jointly by the Utah Association of Counties and the state;
(b) is approved by the council; and
(c) presents the broad framework of a proposed working relationship between the state
and participating counties collectively for the purpose of asserting, defending, or litigating state
and local government rights under R.S. 2477.
(10) "United States agency" means a department, agency, authority, commission,
council, board, office, bureau, or other administrative unit of the executive branch of the
United States government.
Section 25. Section 
63G-2-204
 is amended to read:
63G-2-204.
Record request -- Response -- Time for responding.
(1) (a) A person making a request for a record shall submit to the governmental entity
that retains the record a written request containing:
(i) the person's:
(A) name;
(B) mailing address;
(C) email address, if the person has an email address and is willing to accept
communications by email relating to the person's records request; and
(D) daytime telephone number; and
(ii) a description of the record requested that identifies the record with reasonable
specificity.
(b) (i) A single record request may not be submitted to multiple governmental entities.
(ii) Subsection (1)(b)(i) may not be construed to prevent a person from submitting a
separate record request to each of multiple governmental entities, even if each of the separate
requests seeks access to the same record.
(2) (a) In response to a request for a record, a governmental entity may not provide a
record that it has received under Section 
63G-2-206
 as a shared record.
(b) If a governmental entity is prohibited from providing a record under Subsection
(2)(a), the governmental entity shall:
(i) deny the records request; and
(ii) inform the person making the request of the identity of the governmental entity
from which the shared record was received.
(3) A governmental entity may make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, specifying where and to whom requests for access shall
be directed.
(4) After receiving a request for a record, a governmental entity shall:
(a) review each request that seeks an expedited response and notify, within five
business days after receiving the request, each requester that has not demonstrated that their
record request benefits the public rather than the person that their response will not be
expedited; and
(b) as soon as reasonably possible, but no later than 10 business days after receiving a
written request, or five business days after receiving a written request if the requester
demonstrates that expedited response to the record request benefits the public rather than the
person:
(i) approve the request and provide a copy of the record;
(ii) deny the request in accordance with the procedures and requirements of Section
63G-2-205
;
(iii) notify the requester that it does not maintain the record requested and provide, if
known, the name and address of the governmental entity that does maintain the record; or
(iv) notify the requester that because of one of the extraordinary circumstances listed in
Subsection (6), it cannot immediately approve or deny the request, and include with the notice:
(A) a description of the circumstances that constitute the extraordinary circumstances;
and
(B) the date when the records will be available, consistent with the requirements of
Subsection (7).
(5) Any person who requests a record to obtain information for a story or report for
publication or broadcast to the general public is presumed to be acting to benefit the public
rather than a person.
(6) The following circumstances constitute "extraordinary circumstances" that allow a
governmental entity to delay approval or denial by an additional period of time as specified in
Subsection (7) if the governmental entity determines that due to the extraordinary
circumstances it cannot respond within the time limits provided in Subsection (4):
(a) another governmental entity is using the record, in which case the originating
governmental entity shall promptly request that the governmental entity currently in possession
return the record;
(b) another governmental entity is using the record as part of an audit, and returning the
record before the completion of the audit would impair the conduct of the audit;
(c) (i) the request is for a voluminous quantity of records or a record series containing a
substantial number of records; or
(ii) the requester seeks a substantial number of records or records series in requests
filed within five working days of each other;
(d) the governmental entity is currently processing a large number of records requests;
(e) the request requires the governmental entity to review a large number of records to
locate the records requested;
(f) the decision to release a record involves legal issues that require the governmental
entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case
law;
(g) segregating information that the requester is entitled to inspect from information
that the requester is not entitled to inspect requires extensive editing; or
(h) segregating information that the requester is entitled to inspect from information
that the requester is not entitled to inspect requires computer programming.
(7) If one of the extraordinary circumstances listed in Subsection (6) precludes
approval or denial within the time specified in Subsection (4), the following time limits apply
to the extraordinary circumstances:
(a) for claims under Subsection (6)(a), the governmental entity currently in possession
of the record shall return the record to the originating entity within five business days of the
request for the return unless returning the record would impair the holder's work;
(b) for claims under Subsection (6)(b), the originating governmental entity shall notify
the requester when the record is available for inspection and copying;
(c) for claims under Subsections (6)(c), (d), and (e), the governmental entity shall:
(i) disclose the records that it has located which the requester is entitled to inspect;
(ii) provide the requester with an estimate of the amount of time it will take to finish
the work required to respond to the request;
(iii) complete the work and disclose those records that the requester is entitled to
inspect as soon as reasonably possible; and
(iv) for any person that does not establish a right to an expedited response as
authorized by Subsection (4), a governmental entity may choose to:
(A) require the person to provide for copying of the records as provided in Subsection
63G-2-201
[
(10)
]
(11)
; or
(B) treat a request for multiple records as separate record requests, and respond
sequentially to each request;
(d) for claims under Subsection (6)(f), the governmental entity shall either approve or
deny the request within five business days after the response time specified for the original
request has expired;
(e) for claims under Subsection (6)(g), the governmental entity shall fulfill the request
within 15 business days from the date of the original request; or
(f) for claims under Subsection (6)(h), the governmental entity shall complete its
programming and disclose the requested records as soon as reasonably possible.
(8) (a) If a request for access is submitted to an office of a governmental entity other
than that specified by rule in accordance with Subsection (3), the office shall promptly forward
the request to the appropriate office.
(b) If the request is forwarded promptly, the time limit for response begins when the
request is received by the office specified by rule.
(9) If the governmental entity fails to provide the requested records or issue a denial
within the specified time period, that failure is considered the equivalent of a determination
denying access to the record.
Section 26. Section 
63G-6a-1204
 is amended to read:
63G-6a-1204.
Multiyear contracts.
(1) Except as provided in Subsection (7), a procurement unit may enter into a multiyear
contract resulting from an invitation for bids or a request for proposals, if:
(a) the procurement [
officer
] 
official
 determines, in the discretion of the procurement
[
officer
] 
official
, that entering into a multiyear contract is in the best interest of the
procurement unit; and
(b) the invitation for bids or request for proposals:
(i) states the term of the contract, including all possible renewals of the contract;
(ii) states the conditions for renewal of the contract; and
(iii) includes the provisions of Subsections (3) through (5) that are applicable to the
contract.
(2) In making the determination described in Subsection (1)(a), the procurement
[
officer
] 
official
 shall consider whether entering into a multiyear contract will:
(a) result in significant savings to the procurement unit, including:
(i) reduction of the administrative burden in procuring, negotiating, or administering
contracts;
(ii) continuity in operations of the procurement unit; or
(iii) the ability to obtain a volume or term discount;
(b) encourage participation by a person who might not otherwise be willing or able to
compete for a shorter term contract; or
(c) provide an incentive for a bidder or offeror to improve productivity through capital
investment or better technology.
(3) (a) The determination described in Subsection (1)(a) is discretionary and is not
required to be in writing or otherwise recorded.
(b) Except as provided in Subsections (4) and (5), notwithstanding any provision of an
invitation for bids, a request for proposals, or a contract to the contrary, a multiyear contract,
including a contract that was awarded outside of an invitation for bids or request for proposals
process, may not continue or be renewed for any year after the first year of the multiyear
contract if adequate funds are not appropriated or otherwise available to continue or renew the
contract.
(4) A multiyear contract that is funded solely by federal funds may be continued or
renewed for any year after the first year of the multiyear contract if:
(a) adequate funds to continue or renew the contract have not been, but are expected to
be appropriated by, and received from, the federal government;
(b) continuation or renewal of the contract before the money is appropriated or
received is permitted by the federal government; and
(c) the contract states that it may be cancelled or suspended, without penalty, if the
anticipated federal funds are not appropriated or received.
(5) A multiyear contract that is funded in part by federal funds may be continued or
renewed for any year after the first year of the multiyear contract if:
(a) the portion of the contract that is to be funded by funds of a public entity are
appropriated;
(b) adequate federal funds to continue or renew the contract have not been, but are
expected to be, appropriated by, and received from, the federal government;
(c) continuation or renewal of the contract before the federal money is appropriated or
received is permitted by the federal government; and
(d) the contract states that it may be cancelled or suspended, without penalty, if the
anticipated federal funds are not appropriated or received.
(6) A procurement unit may not continue or renew a multiyear contract after the end of
the multiyear contract term or the renewal periods described in the contract, unless the
procurement unit engages in a new standard procurement process or complies with an
exception, described in this chapter, to using a standard procurement process.
(7) A multiyear contract, including any renewal periods, may not exceed a period of
five years, unless:
(a) the procurement [
officer
] 
official
 determines, in writing, that:
(i) a longer period is necessary in order to obtain the procurement item;
(ii) a longer period is customary for industry standards; or
(iii) a longer period is in the best interest of the procurement unit; and
(b) the written determination described in Subsection (7)(a) is included in the file
relating to the procurement.
(8) This section does not apply to a contract for the design or construction of a facility,
a road, a public transit project, or a contract for the financing of equipment.
Section 27. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates, Title 26.
(1) Subsection 
26-1-7
(1)(f), related to the Residential Child Care Licensing Advisory
Committee, is repealed July 1, 2024.
(2) Subsection 
26-1-7
(1)(h), related to the Primary Care Grant Committee, is repealed
July 1, 2025.
(3) Section 
26-1-7.5
, which creates the Utah Health Advisory Council, is repealed July
1, 2025.
(4) Section 
26-1-40
 is repealed July 1, 2022.
(5) Section 
26-1-41
 is repealed July 1, 2026.
(6) Section 
26-7-10
 is repealed July 1, 2025.
(7) Subsection 
26-7-11
(5), regarding reports to the Legislature, is repealed July 1,
2028.
(8) Section 
26-7-14
 is repealed December 31, 2027.
(9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
1, 2025.
(10) Subsection 
26-10-6
(5), which creates the Newborn Hearing Screening Committee,
is repealed July 1, 2026.
(11) Section 
26-10-11
 is repealed July 1, 2025.
(12) Section 
26-10b-106
, which creates the Primary Care Grant Committee, is repealed
July 1, 2025.
(13) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
2027.
[
(14) Subsection 
26-18-417
(3) relating to a report to the Health and Human services
Interim Committee is repealed July 1, 2020.
]
[
(15)
] 
(14)
 Subsection 
26-18-418
(2), the language that states "and the Behavioral
Health Crisis Response Commission created in Section 
63C-18-202
" is repealed July 1, 2023.
[
(16)
] 
(15)
 Title 26, Chapter 18a, Kurt Oscarson Children's Organ Transplant
Coordinating Committee, is repealed July 1, 2021.
[
(17)
] 
(16)
 Section 
26-33a-117
 is repealed on December 31, 2023.
[
(18)
] 
(17)
 Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
2024.
[
(19)
] 
(18)
 Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
1, 2024.
[
(20)
] 
(19)
 Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
repealed July 1, 2024.
[
(21)
] 
(20)
 Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
1, 2024.
[
(22)
] 
(21)
 Section 
26-39-201
, which creates the Residential Child Care Licensing
Advisory Committee, is repealed July 1, 2024.
[
(23)
] 
(22)
 Section 
26-40-104
, which creates the Utah Children's Health Insurance
Program Advisory Council, is repealed July 1, 2025.
[
(24)
] 
(23)
 Section 
26-50-202
, which creates the Traumatic Brain Injury Advisory
Committee, is repealed July 1, 2025.
[
(25)
] 
(24)
 Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
[
(26)
] 
(25)
 Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
repealed July 1, 2026.
[
(27)
] 
(26)
 Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
July 1, 2026.
Section 28. Section 
63I-1-251
 is amended to read:
63I-1-251.
Repeal dates, Title 51.
[
Subsection 
51-2a-202
(3) is repealed on June 30, 2020.
]
Section 29. Section 
63I-1-253
 is amended to read:
63I-1-253.
Repeal dates, Titles 53 through 53G.
(1) Section 
53-2a-105
, which creates the Emergency Management Administration
Council, is repealed July 1, 2021.
(2) Sections 
53-2a-1103
 and 
53-2a-1104
, which create the Search and Rescue Advisory
Board, are repealed July 1, 2022.
(3) Section 
53-5-703
, which creates the Concealed Firearm Review Board, is repealed
July 1, 2023.
(4) Subsection 
53-6-203
(1)(b)(ii), regarding being 19 years old at certification, is
repealed July 1, 2027.
(5) Subsection 
53-13-104
(6)(a), regarding being 19 years old at certification, is
repealed July 1, 2027.
(6) Section 
53B-6-105.5
, which creates the Technology Initiative Advisory Board, is
repealed July 1, 2024.
(7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(8) Section 
53B-17-1203
, which creates the SafeUT and School Safety Commission, is
repealed January 1, 2025.
(9) Section 
53B-18-1501
 is repealed July 1, 2021.
(10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
(11) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
1, 2025.
(12) Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of money
from the Land Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(13) Section 
53E-3-515
 is repealed January 1, 2023.
(14) In relation to a standards review committee, on January 1, 2023:
(a) in Subsection 
53E-4-202
(8), the language "by a standards review committee and the
recommendations of a standards review committee established under Section 
53E-4-203
" is
repealed; and
(b) Section 
53E-4-203
 is repealed.
(15) Subsections 
53E-3-503
(5) and (6), which create coordinating councils for youth in
custody, are repealed July 1, 2027.
(16) Section 
53E-4-402
, which creates the State Instructional Materials Commission, is
repealed July 1, 2022.
(17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
repealed July 1, 2023.
(18) Subsection 
53E-8-204
(4), which creates the advisory council for the Utah Schools
for the Deaf and the Blind, is repealed July 1, 2021.
[
(19) Section 
53F-2-514
 is repealed July 1, 2020.
]
[
(20)
] 
(19)
 Section 
53F-5-203
 is repealed July 1, 2024.
[
(21)
] 
(20)
 Section 
53F-5-212
 is repealed July 1, 2024.
[
(22)
] 
(21)
 Section 
53F-5-213
 is repealed July 1, 2023.
[
(23)
] 
(22)
 Section 
53F-5-214
, in relation to a grant for professional learning, is
repealed July 1, 2025.
[
(24)
] 
(23)
 Section 
53F-5-215
, in relation to an elementary teacher preparation grant is
repealed July 1, 2025.
[
(25)
] 
(24)
 Subsection 
53F-9-203
(7), which creates the Charter School Revolving
Account Committee, is repealed July 1, 2024.
[
(26)
] 
(25)
 Section 
53F-9-501
 is repealed January 1, 2023.
[
(27)
] 
(26)
 Subsections 
53G-4-608
(2)(b) and (4)(b), related to the Utah Seismic Safety
Commission, are repealed January 1, 2025.
[
(28)
] 
(27)
 Subsection 
53G-8-211
(5), regarding referrals of a minor to court for a class
C misdemeanor, is repealed July 1, 2022.
Section 30. Section 
63I-1-259
 is amended to read:
63I-1-259.
Repeal dates, Title 59.
(1) Section 
59-1-213.1
 is repealed on May 9, 2024.
(2) Section 
59-1-213.2
 is repealed on May 9, 2024.
(3) Subsection 
59-1-405
(1)(g) is repealed on May 9, 2024.
(4) Subsection 
59-1-405
(2)(b) is repealed on May 9, 2024.
[
(5) Section 
59-7-618
 is repealed July 1, 2020.
]
[
(6)
] 
(5)
 Section 
59-9-102.5
 is repealed December 31, 2030.
[
(7) Section 
59-10-1033
 is repealed July 1, 2020.
]
[
(8) Subsection 
59-12-2219
(13), which addresses new revenue supplanting existing
allocations, is repealed on June 30, 2020.
]
[
(9)
] 
(6)
 Title 59, Chapter 28, State Transient Room Tax Act, is repealed on January 1,
2023.
Section 31. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates -- Title 17.
[
(1) Section 
17-22-32.2
, regarding restitution reporting, is repealed January 1, 2021.
]
[
(2) Section 
17-22-32.3
, regarding the Jail Incarceration and Transportation Costs
Study Council, is repealed January 1, 2021.
]
[
(3)
] 
(1)
 Subsection 
17-27a-102
(1)(b), the language that states "or a designated
mountainous planning district" is repealed June 1, 2021.
[
(4)
] 
(2)
 (a) Subsection 
17-27a-103
[
(18)
]
(19)
(b), regarding a mountainous planning
district, is repealed June 1, 2021.
(b) Subsection 
17-27a-103
[
(42)
]
(43)
, regarding a mountainous planning district, is
repealed June 1, 2021.
[
(5)
] 
(3)
 Subsection 
17-27a-210
(2)(a), the language that states "or the mountainous
planning district area" is repealed June 1, 2021.
[
(6)
] 
(4)
 (a) Subsection 
17-27a-301
(1)(b)(iii), regarding a mountainous planning
district, is repealed June 1, 2021.
(b) Subsection 
17-27a-301
(1)(c), regarding a mountainous planning district, is repealed
June 1, 2021.
(c) Subsection 
17-27a-301
(3)(a), the language that states " or (c)" is repealed June 1,
2021.
[
(7)
] 
(5)
 Section 
17-27a-302
, the language that states ", or mountainous planning
district" and "or the mountainous planning district," is repealed June 1, 2021.
[
(8)
] 
(6)
 Subsection 
17-27a-305
(1)(a), the language that states "a mountainous
planning district or" and ", as applicable" is repealed June 1, 2021.
[
(9)
] 
(7)
 (a) Subsection 
17-27a-401
(1)(b)(ii), regarding a mountainous planning
district, is repealed June 1, 2021.
(b) Subsection 
17-27a-401
(7), regarding a mountainous planning district, is repealed
June 1, 2021.
[
(10)
] 
(8)
 (a) Subsection 
17-27a-403
(1)(b)(ii), regarding a mountainous planning
district, is repealed June 1, 2021.
(b) Subsection 
17-27a-403
(1)(c)(iii), regarding a mountainous planning district, is
repealed June 1, 2021.
(c) Subsection 
17-27a-403
(2)(a)(iii), the language that states "or the mountainous
planning district" is repealed June 1, 2021.
(d) Subsection 
17-27a-403
(2)(c)(i), the language that states "or mountainous planning
district" is repealed June 1, 2021.
[
(11)
] 
(9)
 Subsection 
17-27a-502
(1)(d)(i)(B), regarding a mountainous planning
district, is repealed June 1, 2021.
[
(12)
] 
(10)
 Subsection 
17-27a-505.5
(2)(a)(iii), regarding a mountainous planning
district, is repealed June 1, 2021.
[
(13)
] 
(11)
 Subsection 
17-27a-602
(1)(b), the language that states "or, in the case of a
mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
[
(14)
] 
(12)
 Subsection 
17-27a-604
(1)(b)(i)(B), regarding a mountainous planning
district, is repealed June 1, 2021.
[
(15)
] 
(13)
 Subsection 
17-27a-605
(1)(a), the language that states "or mountainous
planning district land" is repealed June 1, 2021.
[
(16)
] 
(14)
 Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed
June 1, 2021.
[
(17)
] 
(15)
 On June 1, 2021, when making the changes in this section, the Office of
Legislative Research and General Counsel shall:
(a) in addition to its authority under Subsection 
36-12-12
(3):
(i) make corrections necessary to ensure that sections and subsections identified in this
section are complete sentences and accurately reflect the office's understanding of the
Legislature's intent; and
(ii) make necessary changes to subsection numbering and cross references; and
(b) identify the text of the affected sections and subsections based upon the section and
subsection numbers used in Laws of Utah 2017, Chapter 448.
[
(18)
] 
(16)
 Subsection 
17-34-1
(5)(d), regarding county funding of certain municipal
services in a designated recreation area, is repealed June 1, 2021.
[
(19)
] 
(17)
 Title 17, Chapter 35b, Consolidation of Local Government Units, is
repealed January 1, 2022.
[
(20) On June 1, 2022:
]
[
(a) Section 
17-52a-104
 is repealed;
]
[
(b) in Subsection 
17-52a-301
(3)(a), the language that states "or under a provision
described in Subsection 
17-52a-104
(1)(b) or (2)(b)," is repealed; and
]
[
(c) Subsection 
17-52a-301
(3)(a)(iv), regarding the first initiated process, is repealed.
]
[
(21)
] 
(18)
 On January 1, 2028, Subsection 
17-52a-103
(3), requiring certain counties to
initiate a change of form of government process by July 1, 2018, is repealed.
(19) On June 1, 2022:
(a) Section 
17-52a-104
 is repealed;
(b) in Subsection 
17-52a-301
(3)(a), the language that states "or under a provision
described in Subsection 
17-52a-104
(1)(b) or (2)(b)," is repealed; and
(c) Subsection 
17-52a-301
(3)(a)(iv), regarding the first initiated process, is repealed.
Section 32. Section 
63I-2-219
 is amended to read:
63I-2-219.
Repeal dates -- Title 19.
[
(1) (a) Subsection 
19-1-108
(3)(a) is repealed on June 30, 2019.
]
[
(b) When repealing Subsection 
19-1-108
(3)(a), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
]
[
(2)
] Subsections 
19-2-109.2
(2) through (10), related to the Compliance Advisory
Panel, are repealed July 1, 2021.
[
(3) Section 
19-6-126
 is repealed on January 1, 2020.
]
Section 33. Section 
63I-2-249
 is amended to read:
63I-2-249.
Repeal dates -- Title 49.
[
(1) Section 
49-20-106
 is repealed January 1, 2021.
]
[
(2) Subsection 
49-20-417
(5)(b) is repealed January 1, 2020.
]
[
(3)
] Subsection 
49-20-420
(3), regarding a requirement to report to the Legislature, is
repealed January 1, 2030.
Section 34. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53 through 53G.
(1) (a) Section 
53-2a-217
, regarding procurement during an epidemic or pandemic
emergency, is repealed on December 31, 2021.
(b) When repealing Section 
53-2a-217
, the Office of Legislative Research and General
Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(2) Section 
53B-2a-103
 is repealed July 1, 2021.
(3) Section 
53B-2a-104
 is repealed July 1, 2021.
(4) (a) Subsection 
53B-2a-108
(5), regarding exceptions to the composition of a
technical college board of trustees, is repealed July 1, 2022.
(b) When repealing Subsection 
53B-2a-108
(5), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(5) Section 
53B-6-105.7
 is repealed July 1, 2024.
(6) (a) Subsection 
53B-7-705
(6)(b)(ii)(A), the language that states "Except as provided
in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
(b) Subsection 
53B-7-705
(6)(b)(ii)(B), regarding comparing a technical college's
change in performance with the technical college's average performance, is repealed July 1,
2021.
(7) (a) Subsection 
53B-7-707
(3)(a)(ii), the language that states "Except as provided in
Subsection (3)(b)," is repealed July 1, 2021.
(b) Subsection 
53B-7-707
(3)(b), regarding performance data of a technical college
during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
(8) Section 
53B-8-114
 is repealed July 1, 2024.
(9) (a) The following sections, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
(i) Section 
53B-8-202
;
(ii) Section 
53B-8-203
;
(iii) Section 
53B-8-204
; and
(iv) Section 
53B-8-205
.
(b) (i) Subsection 
53B-8-201
(2), regarding the Regents' scholarship program for
students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
(ii) When repealing Subsection 
53B-8-201
(2), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(10) Section 
53B-10-101
 is repealed on July 1, 2027.
(11) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
repealed July 1, 2023.
[
(12) Section 
53E-3-519
 regarding school counselor services is repealed July 1, 2020.
]
[
(13)
] 
(12)
 Section 
53E-3-520
 is repealed July 1, 2021.
[
(14) Subsection 
53E-5-306
(3)(b)(ii)(B), related to improving school performance and
continued funding relating to the School Recognition and Reward Program, is repealed July 1,
2020.
]
[
(15) Section 
53E-5-307
 is repealed July 1, 2020.
]
[
(16)
] 
(13)
 Subsection 
53E-10-309
(7), related to the PRIME pilot program, is repealed
July 1, 2024.
[
(17)
] 
(14)
 In Subsections 
53F-2-205
(4) and (5), regarding the State Board of
Education's duties if contributions from the minimum basic tax rate are overestimated or
underestimated, the language that states "or 
53F-2-301.5
, as applicable" is repealed July 1,
2023.
[
(18)
] 
(15)
 Subsection 
53F-2-301
(1), relating to the years the section is not in effect, is
repealed July 1, 2023.
[
(19)
] 
(16)
 In Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(20)
] 
(17)
 Section 
53F-4-207
 is repealed July 1, 2022.
[
(21)
] 
(18)
 In Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(22)
] 
(19)
 In Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(23)
] 
(20)
 In Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(24)
] 
(21)
 In Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
,
as applicable" is repealed July 1, 2023.
[
(25)
] 
(22)
 Subsections 
53G-10-204
(1)(c) through (e), and Subsection 
53G-10-204
(7),
related to the civics engagement pilot program, are repealed on July 1, 2023.
[
(26)
] 
(23)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Subsection 
36-12-12
(3), make corrections necessary to ensure that sections and subsections
identified in this section are complete sentences and accurately reflect the office's perception of
the Legislature's intent.
Section 35. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
[
(1) On July 1, 2020:
]
[
(a) Subsection 
63A-1-203
(5)(a)(i) is repealed; and
]
[
(b) in Subsection 
63A-1-203
(5)(a)(ii), the language that states "appointed on or after
May 8, 2018," is repealed.
]
[
(2)
] 
(1)
 Section 
63A-3-111
 is repealed June 30, 2021.
[
(3)
] 
(2)
 Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
repealed July 1, 2021.
[
(4)
] 
(3)
 Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
Commission is repealed July 1, 2023.
[
(5)
] 
(4)
 The following sections regarding the World War II Memorial Commission are
repealed on July 1, 2022:
(a) Section 
63G-1-801
;
(b) Section 
63G-1-802
;
(c) Section 
63G-1-803
; and
(d) Section 
63G-1-804
.
[
(6) Subsections 
63G-6a-802
(1)(d) and 
63G-6a-802
(3)(b)(iii), regarding a procurement
relating to a vice presidential debate, are repealed January 1, 2021.
]
[
(7) In relation to the State Fair Park Committee, on January 1, 2021:
]
[
(a) Section 
63H-6-104.5
 is repealed; and
]
[
(b) Subsections 
63H-6-104
(8) and (9) are repealed.
]
[
(8)
] 
(5)
 Section 
63H-7a-303
 is repealed July 1, 2024.
[
(9)
] 
(6)
 Subsection 
63J-1-206
(3)(c), relating to coronavirus, is repealed July 1, 2021.
[
(10)
] 
(7)
 In relation to the Employability to Careers Program Board, on July 1, 2022:
(a) Subsection 
63J-1-602.1
(57) is repealed;
(b) Subsection 
63J-4-301
(1)(h), related to the review of data and metrics, is repealed;
and
(c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
[
(11)
] 
(8)
 Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot
Program Act, is repealed January 1, 2022.
[
(12)
] 
(9)
 Sections 
63M-7-213
 and 
63M-7-213.5
 are repealed on January 1, 2023.
[
(13)
] 
(10)
 Subsection 
63N-12-508
(3) is repealed December 31, 2021.
[
(14)
] 
(11)
 Title 63N, Chapter 13, Part 3, Facilitating [
Public-Private
] 
Public-private
Partnerships Act, is repealed January 1, 2024.
[
(15)
] 
(12)
 Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is
repealed December 31, 2021.
Section 36. Section 
63J-3-402
 is amended to read:
63J-3-402.
Debt limitation -- Vote requirement needed to exceed limitation --
Exceptions.
(1) (a) Except as provided in Subsection (1)(b), the outstanding general obligation debt
of the state may not exceed 45% of the maximum allowable appropriations limit unless
approved by more than a two-thirds vote of both houses of the Legislature.
(b) Notwithstanding the limitation contained in Subsection (1)(a), debt issued under the
authority of the following parts or sections is not subject to the debt limitation established by
this section:
(i) Title 63B, Chapter 6, Part 2, 1997 Highway General Obligation Bond
Authorization;
(ii) Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note Authorization;
(iii) Title 63B, Chapter 7, Part 2, 1998 Highway General Obligation Bond
Authorization;
(iv) Title 63B, Chapter 7, Part 3, 1998 Highway Bond Anticipation Note
Authorization;
(v) Title 63B, Chapter 8, Part 2, 1999 Highway General Obligation Bond
Authorization;
(vi) Title 63B, Chapter 8, Part 3, 1999 Highway Bond Anticipation Note
Authorization;
[
(vii) Title 63B, Chapter 9, Part 2, 2000 Highway General Obligation Bond;
]
[
(viii)
] 
(vii)
 Title 63B, Chapter 10, Part 1, 2001 Highway General Obligation Bonds;
[
(ix)
] 
(viii)
 Title 63B, Chapter 10, Part 2, 2001 Highway General Obligation Bond
Anticipation Notes Authorization;
[
(x)
] 
(ix)
 Title 63B, Chapter 11, Part 5, 2002 Highway General Obligation Bonds for
Salt Lake County;
[
(xi)
] 
(x)
 Title 63B, Chapter 11, Part 6, 2002 Highway General Obligation Bond
Anticipation Notes for Salt Lake County;
[
(xii)
] 
(xi)
 Section 
63B-13-102
;
[
(xiii)
] 
(xii)
 Section 
63B-16-101
;
[
(xiv)
] 
(xiii)
 Section 
63B-16-102
;
[
(xv)
] 
(xiv)
 Section 
63B-18-401
;
[
(xvi)
] 
(xv)
 Section 
63B-18-402
; and
[
(xvii)
] 
(xvi)
 Title 63B, Chapter 27, Part 1, 2017 Highway General Obligation Bonds.
(2) This section does not apply if contractual rights will be impaired.
Section 37. Section 
63M-4-503
 is amended to read:
63M-4-503.
Tax credits.
(1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the office shall make rules establishing standards an alternative energy entity shall meet to
qualify for a tax credit.
(b) Before the office enters into an agreement described in Subsection (2) with an
alternative energy entity, the office, in consultation with other state agencies as necessary, shall
certify:
(i) that the alternative energy entity plans to produce in the state at least:
(A) two megawatts of electricity;
(B) 1,000 barrels per day if the alternative energy project is a crude oil equivalent
production; or
(C) 250 barrels per day if the alternative energy project is a biomass energy fuel
production;
(ii) that the alternative energy project will generate new state revenues;
(iii) the economic life of the alternative energy project produced by the alternative
energy entity;
(iv) that the alternative energy entity meets the requirements of Section 
63M-4-504
;
and
(v) that the alternative energy entity has received a certificate of existence from the
Division of Corporations and Commercial Code.
(2) If an alternative energy entity meets the requirements of this part to receive a tax
credit, the office shall enter into an agreement with the alternative energy entity to authorize the
tax credit in accordance with Subsection (3).
(3) (a) Subject to Subsection (3)(b), if the office expects that the time from the
commencement of construction until the end of the economic life of the alternative energy
project is 20 years or more:
(i) the office shall grant a tax credit for the lesser of:
(A) the economic life of the alternative energy project; or
(B) 20 years; and
(ii) the tax credit is equal to 75% of new state revenues generated by the alternative
energy project.
(b) For a taxable year, a tax credit under this section may not exceed the new state
revenues generated by an alternative energy project during that taxable year.
(4) An alternative energy entity that seeks to receive a tax credit or has entered into an
agreement described in Subsection (2) with the office shall:
(a) annually file a report with the office showing the new state revenues generated by
the alternative energy project during the taxable year for which the alternative energy entity
seeks to receive a tax credit under Section 
59-7-614.7
 or 
59-10-1029
;
(b) subject to Subsection (5), annually file a report with the office prepared by an
independent certified public accountant verifying the new state [
revenue
] 
revenues
 described in
Subsection (4)(a);
(c) subject to Subsection (5), file a report with the office at least every four years
prepared by an independent auditor auditing the new state [
revenue
] 
revenues
 described in
Subsection (4)(a);
(d) provide the office with information required by the office to certify the economic
life of the alternative energy project produced by the alternative energy entity, which may
include a power purchase agreement, a lease, or a permit; and
(e) retain records supporting a claim for a tax credit for at least four years after the
alternative energy entity claims a tax credit under Section 
59-7-614.7
 or 
59-10-1029
.
(5) An alternative energy entity for which a report is prepared under Subsection (4)(b)
or (c) shall pay the costs of preparing the report.
(6) The office shall annually certify the new state revenues generated by an alternative
energy project for a taxable year for which an alternative energy entity seeks to receive a tax
credit under Section 
59-7-614.7
 or 
59-10-1029
.
Section 38. Section 
63M-7-204
 is amended to read:
63M-7-204.
Duties of commission.
(1) The State Commission on Criminal and Juvenile Justice administration shall:
(a) promote the commission's purposes as enumerated in Section 
63M-7-201
;
(b) promote the communication and coordination of all criminal and juvenile justice
agencies;
(c) study, evaluate, and report on the status of crime in the state and on the
effectiveness of criminal justice policies, procedures, and programs that are directed toward the
reduction of crime in the state;
(d) study, evaluate, and report on programs initiated by state and local agencies to
address reducing recidivism, including changes in penalties and sentencing guidelines intended
to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
alternative to incarceration, as resources allow;
(e) study, evaluate, and report on policies, procedures, and programs of other
jurisdictions which have effectively reduced crime;
(f) identify and promote the implementation of specific policies and programs the
commission determines will significantly reduce crime in Utah;
(g) provide analysis and recommendations on all criminal and juvenile justice
legislation, state budget, and facility requests, including program and fiscal impact on all
components of the criminal and juvenile justice system;
(h) provide analysis, accountability, recommendations, and supervision for state and
federal criminal justice grant money;
(i) provide public information on the criminal and juvenile justice system and give
technical assistance to agencies or local units of government on methods to promote public
awareness;
(j) promote research and program evaluation as an integral part of the criminal and
juvenile justice system;
(k) provide a comprehensive criminal justice plan annually;
(l) review agency forecasts regarding future demands on the criminal and juvenile
justice systems, including specific projections for secure bed space;
(m) promote the development of criminal and juvenile justice information systems that
are consistent with common standards for data storage and are capable of appropriately sharing
information with other criminal justice information systems by:
(i) developing and maintaining common data standards for use by all state criminal
justice agencies;
(ii) annually performing audits of criminal history record information maintained by
state criminal justice agencies to assess their accuracy, completeness, and adherence to
standards;
(iii) defining and developing state and local programs and projects associated with the
improvement of information management for law enforcement and the administration of
justice; and
(iv) establishing general policies concerning criminal and juvenile justice information
systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
Subsection (1)(m);
(n) allocate and administer grants, from money made available, for approved education
programs to help prevent the sexual exploitation of children;
(o) allocate and administer grants for law enforcement operations and programs related
to reducing illegal drug activity and related criminal activity;
(p) request, receive, and evaluate data and recommendations collected and reported by
agencies and contractors related to policies recommended by the commission regarding
recidivism reduction;
(q) establish and administer a performance incentive grant program that allocates funds
appropriated by the Legislature to programs and practices implemented by counties that reduce
recidivism and reduce the number of offenders per capita who are incarcerated;
(r) oversee or designate an entity to oversee the implementation of juvenile justice
reforms;
(s) make rules and administer the juvenile holding room standards and juvenile jail
standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
pursuant to 42 U.S.C. Sec. 5633;
(t) allocate and administer grants, from money made available, for pilot qualifying
education programs;
(u) oversee the trauma-informed justice program described in Section 
63M-7-209
; and
(v) request, receive, and evaluate the aggregate data collected from prosecutorial
agencies[
, jails,
] and the Administrative Office of the Courts, in accordance with Sections
[
17-22-32.4
,
] 
63M-7-216
[
,
] and 
78A-2-109.5
.
(2) If the commission designates an entity under Subsection (1)(r), the commission
shall ensure that the membership of the entity includes representation from the three branches
of government and, as determined by the commission, representation from relevant stakeholder
groups across all parts of the juvenile justice system, including county representation.
Section 39. Section 
63N-15-501
 is amended to read:
63N-15-501.
COVID-19 Oil, Gas, and Mining Grant Program.
(1) There is established a grant program known as the 
COVID-19
 Oil, Gas, and Mining
Grant Program that is administered by the office in accordance with this part.
(2) To be eligible to apply for a grant under this part, an oil, gas, or mining business
entity that operates in the state:
(a) shall have experienced a revenue decline in this state due to the public health
emergency related to COVID-19; and
(b) shall describe to the office how receipt of grant funds will benefit the state
economy.
(3) The amount of a grant that the office awards to an oil, gas, or mining business
entity under this part may not exceed the amount of the business entity's revenue decline.
Section 40. Section 
67-22-2
 is amended to read:
67-22-2.
Compensation -- Other state officers.
(1) As used in this section:
(a) "Appointed executive" means the:
(i) commissioner of the Department of Agriculture and Food;
(ii) commissioner of the Insurance Department;
(iii) commissioner of the Labor Commission;
(iv) director, Department of Alcoholic Beverage Control;
(v) commissioner of the Department of Financial Institutions;
(vi) executive director, Department of Commerce;
(vii) executive director, Commission on Criminal and Juvenile Justice;
(viii) adjutant general;
(ix) executive director, Department of Heritage and Arts;
(x) executive director, Department of Corrections;
(xi) commissioner, Department of Public Safety;
(xii) executive director, Department of Natural Resources;
(xiii) executive director, Governor's Office of Management and Budget;
(xiv) executive director, Department of Administrative Services;
(xv) executive director, Department of Human Resource Management;
(xvi) executive director, Department of Environmental Quality;
(xvii) director, Governor's Office of Economic Development;
[
(xviii) executive director, Utah Science Technology and Research Governing
Authority;
]
[
(xix)
] 
(xviii)
 executive director, Department of Workforce Services;
[
(xx)
] 
(xix)
 executive director, Department of Health, Nonphysician;
[
(xxi)
] 
(xx)
 executive director, Department of Human Services;
[
(xxii)
] 
(xxi)
 executive director, Department of Transportation;
[
(xxiii)
] 
(xxii)
 executive director, Department of Technology Services; and
[
(xxiv)
] 
(xxiii)
 executive director, Department of Veterans and Military Affairs.
(b) "Board or commission executive" means:
(i) members, Board of Pardons and Parole;
(ii) chair, State Tax Commission;
(iii) commissioners, State Tax Commission;
(iv) executive director, State Tax Commission;
(v) chair, Public Service Commission; and
(vi) commissioners, Public Service Commission.
(c) "Deputy" means the person who acts as the appointed executive's second in
command as determined by the Department of Human Resource Management.
(2) (a) The executive director of the Department of Human Resource Management
shall:
(i) before October 31 of each year, recommend to the governor a compensation plan for
the appointed executives and the board or commission executives; and
(ii) base those recommendations on market salary studies conducted by the Department
of Human Resource Management.
(b) (i) The Department of Human Resource Management shall determine the salary
range for the appointed executives by:
(A) identifying the salary range assigned to the appointed executive's deputy;
(B) designating the lowest minimum salary from those deputies' salary ranges as the
minimum salary for the appointed executives' salary range; and
(C) designating 105% of the highest maximum salary range from those deputies' salary
ranges as the maximum salary for the appointed executives' salary range.
(ii) If the deputy is a medical doctor, the Department of Human Resource Management
may not consider that deputy's salary range in designating the salary range for appointed
executives.
(c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
board or commission executives, the Department of Human Resource Management shall set
the maximum salary in the salary range for each of those positions at 90% of the salary for
district judges as established in the annual appropriation act under Section 
67-8-2
.
(ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
or (iii), the Department of Human Resource Management shall set the maximum salary in the
salary range for each of those positions at 100% of the salary for district judges as established
in the annual appropriation act under Section 
67-8-2
.
(3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
specific salary for each appointed executive within the range established under Subsection
(2)(b).
(ii) If the executive director of the Department of Health is a physician, the governor
shall establish a salary within the highest physician salary range established by the Department
of Human Resource Management.
(iii) The governor may provide salary increases for appointed executives within the
range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
(b) The governor shall apply the same overtime regulations applicable to other FLSA
exempt positions.
(c) The governor may develop standards and criteria for reviewing the appointed
executives.
(4) Salaries for other Schedule A employees, as defined in Section 
67-19-15
, that are
not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
Salary Act, shall be established as provided in Section 
67-19-15
.
(5) (a) The Legislature fixes benefits for the appointed executives and the board or
commission executives as follows:
(i) the option of participating in a state retirement system established by Title 49, Utah
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
by the State Retirement Office in accordance with the Internal Revenue Code and its
accompanying rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same leave, holidays, and allowances granted to Schedule B state employees as
follows:
(A) sick leave;
(B) converted sick leave if accrued prior to January 1, 2014;
(C) educational allowances;
(D) holidays; and
(E) annual leave except that annual leave shall be accrued at the maximum rate
provided to Schedule B state employees;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
provided by law or rule upon resignation or retirement according to the same criteria and
procedures applied to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according
to the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its
executive director from its existing budget.
(6) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and
personal use;
(b) for the executive director of the Department of Transportation a vehicle for official
and personal use;
(c) for the executive director of the Department of Natural Resources a vehicle for
commute and official use;
(d) for the commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the adjutant general a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
official use.
Section 41. Section 
76-9-802
 is amended to read:
76-9-802.
Definitions.
As used in this part:
(1) "Criminal street gang" means an organization, association in fact, or group of three
or more persons, whether operated formally or informally:
(a) that is currently in operation;
(b) that has as one of its primary activities the commission of one or more predicate
gang crimes;
(c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
(d) whose members, acting individually or in concert with other members, engage in or
have engaged in a pattern of criminal gang activity.
(2) "Intimidate" means the use of force, duress, violence, coercion, menace, or threat of
harm for the purpose of causing an individual to act or refrain from acting.
(3) "Minor" means a person younger than 18 years [
of age
] 
old
.
(4) "Pattern of criminal gang activity" means:
(a) committing, attempting to commit, conspiring to commit, or soliciting the
commission of two or more predicate gang crimes within five years;
(b) the predicate gang crimes are:
(i) committed by two or more persons; or
(ii) committed by an individual at the direction of, or in association with a criminal
street gang; and
(c) the criminal activity was committed with the specific intent to promote, further, or
assist in any criminal conduct by members of the criminal street gang.
(5) (a) "Predicate gang crime" means any of the following offenses:
(i) Title 41, Chapter 1a, Motor Vehicle Act:
(A) Section 
41-1a-1313
, regarding possession of a motor vehicle without an
identification number;
(B) Section 
41-1a-1315
, regarding false evidence of title and registration;
(C) Section 
41-1a-1316
, regarding receiving or transferring stolen vehicles;
(D) Section 
41-1a-1317
, regarding selling or buying a motor vehicle without an
identification number; or
(E) Section 
41-1a-1318
, regarding the fraudulent alteration of an identification number;
(ii) any criminal violation of the following provisions:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
(iii) Sections 
76-5-102
 through 
76-5-103.5
, which address assault offenses;
(iv) Title 76, Chapter 5, Part 2, Criminal Homicide;
(v) Sections 
76-5-301
 through 
76-5-304
, which address kidnapping and related
offenses;
(vi) any felony offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
(vii) Title 76, Chapter 6, Part 1, Property Destruction;
(viii) Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
(ix) Title 76, Chapter 6, Part 3, Robbery;
(x) any felony offense under Title 76, Chapter 6, Part 4, Theft, or under Title 76,
Chapter 6, Part 6, Retail Theft, except Sections 
76-6-404.5
, 
76-6-405
, 
76-6-407
, 
76-6-408
,
76-6-409
, 
76-6-409.1
, 
76-6-409.3
, 
76-6-409.6
, 
76-6-409.7
, 
76-6-409.8
, 
76-6-409.9
, 
76-6-410
,
and 
76-6-410.5
;
(xi) Title 76, Chapter 6, Part 5, Fraud, except Sections 
76-6-504
, 
76-6-505
, 
76-6-507
,
76-6-508
, 
76-6-509
, 
76-6-510
, 
76-6-511
, 
76-6-512
, 
76-6-513
, 
76-6-514
, 
76-6-516
, 
76-6-517
,
76-6-518
, and 
76-6-520
;
(xii) Title 76, Chapter 6, Part 11, Identity Fraud Act;
(xiii) Title 76, Chapter 8, Part 3, Obstructing Governmental Operations, except
Sections 
76-8-302
, 
76-8-303
, [
76-8-304
], 
76-8-307
, 
76-8-308
, and 
76-8-312
;
(xiv) Section 
76-8-508
, which includes tampering with a witness;
(xv) Section 
76-8-508.3
, which includes retaliation against a witness or victim;
(xvi) Section 
76-8-509
, which includes extortion or bribery to dismiss a criminal
proceeding;
(xvii) a misdemeanor violation of Section 
76-9-102
, if the violation occurs at an
official meeting;
(xviii) Title 76, Chapter 10, Part 3, Explosives;
(xix) Title 76, Chapter 10, Part 5, Weapons;
(xx) Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
(xxi) Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
(xxii) Section 
76-10-1801
, which addresses communications fraud;
(xxiii) Title 76, Chapter 10, Part 19, Money Laundering and Currency Transaction
Reporting Act; or
(xxiv) Section 
76-10-2002
, which addresses burglary of a research facility.
(b) "Predicate gang crime" also includes:
(i) any state or federal criminal offense that by its nature involves a substantial risk that
physical force may be used against another in the course of committing the offense; and
(ii) any felony violation of a criminal statute of any other state, the United States, or
any district, possession, or territory of the United States which would constitute a violation of
any offense in Subsection (4)(a) if committed in this state.