H.B. 397 - Title 36 Recodification and Revisions

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Bill

Title 36 Recodification and Revisions
Number: H.B. 397 (2022GS)
Sponsor: Rep. Dunnigan, J.
Final action: House/ filed 3/4/2022
Outcome: Failed / filed without passage
Summary

This bill recodifies and revises current provisions of Title 36, Legislature.
What it does

This bill:
recodifies and revises provisions of current Title 36, Legislature;
transfers the responsibility for setting salary ranges and pay rates for full-time and part-time House and Senate employees;
eliminates the House Management Committee and the Senate Management Committee;
clarifies the scope of the Legislative Management Committee's powers;
modifies statutes governing the legislative auditor to clarify powers and access to records;
clarifies the responsibilities of the director of the Office of Legislative Research and General Counsel and the legislative general counsel;
modifies certain requirements of the legislative fiscal analyst;
eliminates obsolete or unused statutory provisions; and
makes technical and conforming changes.
Every vote on this bill

2/22/2022House Comm - Favorable Recommendation
House Government Operations Committee
7 0 4YEA
2/23/2022House/ floor amendment # 1
House 3rd Reading Calendar for House bills
Voice votenot eligible / no record
2/23/2022House/ passed 3rd reading
Senate Secretary
65 0 10YEA
2/28/2022Senate Comm - Held
Senate Business and Labor Committee
5 0 4not eligible / no record
Bill text

introduced version · official source
TITLE 36 RECODIFICATION AND REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
Lincoln Fillmore
LONG TITLE
General Description:
This bill recodifies and revises current provisions of Title 36, Legislature. 
Highlighted Provisions:
This bill:
▸ recodifies and revises provisions of current Title 36, Legislature;
▸ transfers the responsibility for setting salary ranges and pay rates for full-time and
part-time House and Senate employees;
▸ eliminates the House Management Committee and the Senate Management
Committee;
▸ clarifies the scope of the Legislative Management Committee's powers;
▸ modifies statutes governing the legislative auditor to clarify powers and access to
records;
▸ clarifies the responsibilities of the director of the Office of Legislative Research and
General Counsel and the legislative general counsel;
▸ modifies certain requirements of the legislative fiscal analyst;
▸ eliminates obsolete or unused statutory provisions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-21-106
, as last amended by Laws of Utah 2021, Chapters 84 and 345
9-7-203
, as last amended by Laws of Utah 2017, Chapter 48
9-9-104.6
, as last amended by Laws of Utah 2021, Chapters 184 and 282
11-13-316
, as enacted by Laws of Utah 2021, Second Special Session, Chapter 7
11-13-603
, as last amended by Laws of Utah 2021, Second Special Session, Chapter 7
20A-9-407
, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
20A-9-408
, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
20A-20-201
, as last amended by Laws of Utah 2021, Chapter 344
26-7-2.5
, as last amended by Laws of Utah 2020, Chapter 236
32B-2-211
, as enacted by Laws of Utah 2017, Chapter 455
35A-14-202
, as enacted by Laws of Utah 2017, Chapter 375
49-11-406
, as last amended by Laws of Utah 2021, Chapters 64, 282, 344, and 382
51-10-201
, as enacted by Laws of Utah 2015, Chapter 319
51-10-204
, as enacted by Laws of Utah 2015, Chapter 319
52-4-103
, as last amended by Laws of Utah 2019, Chapters 25 and 246
53-1-102
, as last amended by Laws of Utah 2021, Chapters 349 and 360
53-3-109
, as last amended by Laws of Utah 2020, Chapter 428
53-9-121
, as enacted by Laws of Utah 2013, First Special Session, Chapter 3
53B-1-404
, as last amended by Laws of Utah 2020, Chapters 352, 373 and renumbered
and amended by Laws of Utah 2020, Chapter 365 and last amended by
Coordination Clause, Laws of Utah 2020, Chapters 352, and 373
53B-7-708
, as enacted by Laws of Utah 2017, Chapter 365
53E-3-202
, as last amended by Laws of Utah 2019, Chapter 186
53F-5-601
, as last amended by Laws of Utah 2019, Chapters 186 and 246
53F-5-604
, as last amended by Laws of Utah 2020, Chapter 269
58-60-405
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
59-1-403.1
, as last amended by Laws of Utah 2021, Chapters 367 and 382
62A-4a-207
, as last amended by Laws of Utah 2021, Chapter 262
63A-5b-1107
, as last amended by Laws of Utah 2020, Chapter 354 and renumbered and
amended by Laws of Utah 2020, Chapter 152
63A-14-202
, as last amended by Laws of Utah 2019, Chapter 363
63A-15-201
, as last amended by Laws of Utah 2019, Chapter 363
63A-17-301
, as last amended by Laws of Utah 2021, Chapter 382 and renumbered and
amended by Laws of Utah 2021, Chapter 344
63B-25-101
, as last amended by Laws of Utah 2020, Chapter 152
63C-9-301
, as last amended by Laws of Utah 2021, Chapters 382 and 405
63C-9-402
, as last amended by Laws of Utah 2015, Chapter 314
63E-1-401
, as last amended by Laws of Utah 2019, Chapter 363
63E-1-404
, as last amended by Laws of Utah 2019, Chapter 363
63E-2-104
, as last amended by Laws of Utah 2003, Chapter 8
63G-2-305
, as last amended by Laws of Utah 2021, Chapters 148, 179, 231, 353, 373,
and 382
63G-3-501
, as last amended by Laws of Utah 2021, Chapter 437
63G-6a-107.8
, as enacted by Laws of Utah 2020, Chapter 257
63G-6a-204
, as last amended by Laws of Utah 2020, Chapters 257 and 354
63G-12-210
, as enacted by Laws of Utah 2011, Chapter 18
63G-23-102
, as enacted by Laws of Utah 2018, Chapter 67
63H-4-108
, as last amended by Laws of Utah 2021, Chapters 84 and 345
63H-5-108
, as last amended by Laws of Utah 2021, Chapters 84 and 345
63I-1-236
, as last amended by Laws of Utah 2021, Chapter 194
63I-2-236
, as last amended by Laws of Utah 2021, Second Special Session, Chapter 8
63J-1-904
, as enacted by Laws of Utah 2021, Chapter 421
67-1-16
, as enacted by Laws of Utah 2008, Chapter 10
67-1b-102
, as enacted by Laws of Utah 2021, Chapter 394
76-8-503
, as last amended by Laws of Utah 2014, Chapter 167
ENACTS:
36-2a-104
, Utah Code Annotated 1953
36-2a-301
, Utah Code Annotated 1953
36-3a-402
, Utah Code Annotated 1953
36-4a-101
, Utah Code Annotated 1953
36-4a-102
, Utah Code Annotated 1953
36-4a-103
, Utah Code Annotated 1953
36-4a-302
, Utah Code Annotated 1953
36-4a-303
, Utah Code Annotated 1953
36-4a-305
, Utah Code Annotated 1953
36-6a-101
, Utah Code Annotated 1953
36-7a-101
, Utah Code Annotated 1953
36-7a-302
, Utah Code Annotated 1953
36-7a-303
, Utah Code Annotated 1953
36-7a-304
, Utah Code Annotated 1953
36-7a-402
, Utah Code Annotated 1953
36-7a-403
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
11-65-101
, (Renumbered from 36-11a-102, as enacted by Laws of Utah 2019, Chapter
363)
11-65-201
, (Renumbered from 36-11a-201, as enacted by Laws of Utah 2019, Chapter
363)
11-65-202
, (Renumbered from 36-11a-202, as enacted by Laws of Utah 2019, Chapter
363)
11-65-203
, (Renumbered from 36-11a-203, as enacted by Laws of Utah 2019, Chapter
363)
11-65-301
, (Renumbered from 36-11a-301, as enacted by Laws of Utah 2019, Chapter
363)
11-65-302
, (Renumbered from 36-11a-302, as enacted by Laws of Utah 2019, Chapter
363)
11-65-303
, (Renumbered from 36-11a-303, as enacted by Laws of Utah 2019, Chapter
363)
36-1a-101
, (Renumbered from 36-1-101.1, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 11)
36-1a-102
, (Renumbered from 36-1-101.5, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 11)
36-1a-103
, (Renumbered from 36-1-102, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 11)
36-1a-104
, (Renumbered from 36-1-103, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 11)
36-1a-105
, (Renumbered from 36-1-103.2, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 11)
36-1a-106
, (Renumbered from 36-1-104, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 11)
36-1a-107
, (Renumbered from 36-1-105, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 11)
36-1a-201
, (Renumbered from 36-1-201.1, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 5)
36-1a-202
, (Renumbered from 36-1-201.5, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 5)
36-1a-203
, (Renumbered from 36-1-202, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 5)
36-1a-204
, (Renumbered from 36-1-202.2, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 5)
36-1a-205
, (Renumbered from 36-1-203, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 5)
36-1A-206
, (Renumbered from 36-1-204, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 5)
36-2a-101
, (Renumbered from 36-3-201, as enacted by Laws of Utah 2020, Chapter
383)
36-2a-102
, (Renumbered from 36-3-301, as renumbered and amended by Laws of Utah
2020, Chapter 383)
36-2a-103
, (Renumbered from 36-3-306, as renumbered and amended by Laws of Utah
2020, Chapter 383)
36-2a-105
, (Renumbered from 36-12-17, as last amended by Laws of Utah 1985,
Chapter 47)
36-2a-106
, (Renumbered from 36-12-21, as enacted by Laws of Utah 2019, Chapter
246)
36-2a-107
, (Renumbered from 36-19-1, as enacted by Laws of Utah 1992, Chapter 100)
36-2a-108
, (Renumbered from 36-12-9.5, as enacted by Laws of Utah 2014, Chapter
167)
36-2a-201
, (Renumbered from 36-27-102, as enacted by Laws of Utah 2011, Chapter
390)
36-2a-202
, (Renumbered from 36-27-103, as enacted by Laws of Utah 2011, Chapter
390)
36-2a-203
, (Renumbered from 36-27-104, as enacted by Laws of Utah 2011, Chapter
390)
36-2a-302
, (Renumbered from 36-2-4, as last amended by Laws of Utah 2021, Chapter
382)
36-2a-303
, (Renumbered from 36-2-5, as last amended by Laws of Utah 2010, Chapter
133)
36-2a-304
, (Renumbered from 36-2-3, as last amended by Laws of Utah 2016, Chapter
61)
36-2a-401
, (Renumbered from 36-5-1, as last amended by Laws of Utah 2015, Chapter
314)
36-2a-501
, (Renumbered from 36-12-19, as last amended by Laws of Utah 1989,
Chapter 174)
36-3a-101
, (Renumbered from 36-12-1, as last amended by Laws of Utah 2000,
Chapter 104)
36-3a-102
, (Renumbered from 36-12-3, as last amended by Laws of Utah 2002,
Chapter 39)
36-3a-201
, (Renumbered from 36-12-6, as last amended by Laws of Utah 2016,
Chapter 403)
36-3a-202
, (Renumbered from 36-12-7, as last amended by Laws of Utah 2020,
Chapter 343)
36-3a-301
, (Renumbered from 36-12-8, as last amended by Laws of Utah 2016,
Chapter 403)
36-3a-401
, (Renumbered from 36-12-10, as last amended by Laws of Utah 2006,
Chapter 14)
36-3a-501
, (Renumbered from 36-12-11, as last amended by Laws of Utah 1989,
Chapter 174)
36-3a-502
, (Renumbered from 36-12-9, as last amended by Laws of Utah 2013, First
Special Session, Chapter 1)
36-4a-201
, (Renumbered from 36-12-13, as last amended by Laws of Utah 2021,
Chapters 254 and 421)
36-4a-301
, (Renumbered from 36-12-15, as last amended by Laws of Utah 2021,
Chapter 421)
36-4a-304
, (Renumbered from 36-12-15.1, as last amended by Laws of Utah 2021,
Chapter 331)
36-5a-101
, (Renumbered from 36-14-1, as last amended by Laws of Utah 2013, First
Special Session, Chapter 1)
36-5a-201
, (Renumbered from 36-14-2, as last amended by Laws of Utah 2014,
Chapter 339)
36-5a-202
, (Renumbered from 36-14-3, as last amended by Laws of Utah 2013, First
Special Session, Chapter 1)
36-5a-301
, (Renumbered from 36-14-4, as enacted by Laws of Utah 1989, Chapter 174)
36-5a-401
, (Renumbered from 36-14-5, as last amended by Laws of Utah 2013, First
Special Session, Chapter 1)
36-5a-402
, (Renumbered from 36-14-6, as enacted by Laws of Utah 1989, Chapter 174)
36-6a-201
, (Renumbered from 36-17-1, as last amended by Laws of Utah 1994,
Chapter 212)
36-6a-202
, (Renumbered from 36-17-2, as enacted by Laws of Utah 1991, Chapter 164)
36-6a-301
, (Renumbered from 36-32-102, as enacted by Laws of Utah 2020, Chapter
154)
36-6a-302
, (Renumbered from 36-32-201, as enacted by Laws of Utah 2020, Chapter
154)
36-6a-303
, (Renumbered from 36-32-202, as enacted by Laws of Utah 2020, Chapter
154)
36-6a-304
, (Renumbered from 36-32-203, as enacted by Laws of Utah 2020, Chapter
154)
36-6a-305
, (Renumbered from 36-32-204, as enacted by Laws of Utah 2020, Chapter
154)
36-6a-306
, (Renumbered from 36-32-205, as enacted by Laws of Utah 2020, Chapter
154)
36-6a-307
, (Renumbered from 36-32-206, as enacted by Laws of Utah 2020, Chapter
154)
36-6a-308
, (Renumbered from 36-32-207, as enacted by Laws of Utah 2020, Chapter
154)
36-6a-401
, (Renumbered from 36-23-101.5, as last amended by Laws of Utah 2019,
Chapter 276)
36-6a-402
, (Renumbered from 36-23-102, as last amended by Coordination Clause,
Laws of Utah 2018, Chapter 307)
36-6a-403
, (Renumbered from 36-23-103, as last amended by Laws of Utah 2013,
Chapter 323)
36-6a-404
, (Renumbered from 36-23-104, as last amended by Laws of Utah 2014,
Chapter 387)
36-6a-405
, (Renumbered from 36-23-105, as last amended by Coordination Clause,
Laws of Utah 2018, Chapter 307)
36-6a-406
, (Renumbered from 36-23-106, as last amended by Laws of Utah 2018,
Chapter 281 and last amended by Coordination Clause, Laws of Utah 2018, Chapter
307)
36-6a-407
, (Renumbered from 36-23-107, as last amended by Coordination Clause,
Laws of Utah 2018, Chapter 307)
36-6a-408
, (Renumbered from 36-23-108, as enacted by Laws of Utah 1999, Chapter
152)
36-6a-409
, (Renumbered from 36-23-109, as last amended by Coordination Clause,
Laws of Utah 2018, Chapter 307)
36-6a-501
, (Renumbered from 36-22-1, as last amended by Laws of Utah 2020,
Chapter 232)
36-6a-502
, (Renumbered from 36-22-2, as last amended by Laws of Utah 2018,
Chapter 415)
36-6a-503
, (Renumbered from 36-22-3, as enacted by Laws of Utah 1995, Chapter 143)
36-7a-201
, (Renumbered from 36-28-102, as last amended by Laws of Utah 2021,
Chapter 78)
36-7a-202
, (Renumbered from 36-28-103, as enacted by Laws of Utah 2014, Chapter
150)
36-7a-203
, (Renumbered from 36-28-104, as enacted by Laws of Utah 2014, Chapter
150)
36-7a-301
, (Renumbered from 36-29-108, as enacted by Laws of Utah 2021, Chapter
194)
36-7a-401
, (Renumbered from 36-29-107.5, as enacted by Laws of Utah 2021, Chapter
250)
36-7a-501
, (Renumbered from 36-29-201, as enacted by Laws of Utah 2021, Chapter
205)
36-7a-502
, (Renumbered from 36-29-202, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 8)
36-7a-503
, (Renumbered from 36-29-203, as last amended by Laws of Utah 2021,
Second Special Session, Chapter 8)
36-7a-601
, (Renumbered from 36-12-20, as last amended by Laws of Utah 2018,
Chapter 33)
67-1c-101
, (Renumbered from 36-11-102, as last amended by Laws of Utah 2021,
Chapter 20)
67-1c-102
, (Renumbered from 36-11-103, as last amended by Laws of Utah 2020,
Chapters 22 and 394)
67-1c-103
, (Renumbered from 36-11-106, as last amended by Laws of Utah 2019,
Chapter 339)
67-1c-201
, (Renumbered from 36-11-201, as last amended by Laws of Utah 2015,
Chapter 296)
67-1c-301
, (Renumbered from 36-11-301, as enacted by Laws of Utah 1991, Chapter
280)
67-1c-302
, (Renumbered from 36-11-302, as enacted by Laws of Utah 1991, Chapter
280)
67-1c-303
, (Renumbered from 36-11-303, as enacted by Laws of Utah 1991, Chapter
280)
67-1c-304
, (Renumbered from 36-11-304, as last amended by Laws of Utah 2015,
Chapters 32 and 188)
67-1c-305
, (Renumbered from 36-11-304.5, as enacted by Laws of Utah 2015, Chapter
264)
67-1c-306
, (Renumbered from 36-11-305, as last amended by Laws of Utah 2018,
Chapter 139)
67-1c-307
, (Renumbered from 36-11-305.5, as enacted by Laws of Utah 2014, Chapter
335)
67-1c-308
, (Renumbered from 36-11-306, as enacted by Laws of Utah 2007, Chapter
233)
67-1c-309
, (Renumbered from 36-11-307, as last amended by Laws of Utah 2021,
Chapter 344)
67-1c-401
, (Renumbered from 36-11-501, as enacted by Laws of Utah 2019, Chapter
339)
67-1c-501
, (Renumbered from 36-11-401, as last amended by Laws of Utah 2020,
Chapter 394)
67-1c-502
, (Renumbered from 36-11-403, as enacted by Laws of Utah 1991, Chapter
280)
67-1c-503
, (Renumbered from 36-11-404, as last amended by Laws of Utah 2019,
Chapter 339)
67-1c-504
, (Renumbered from 36-11-405, as enacted by Laws of Utah 1991, Chapter
280)
REPEALS:
36-2-1
, as last amended by Laws of Utah 2015, Chapter 71
36-2-2
, as last amended by Laws of Utah 2010, Chapter 133
36-11-101
, as enacted by Laws of Utah 1991, Chapter 280
36-11a-101
, as enacted by Laws of Utah 2019, Chapter 363
36-12-2
, as last amended by Laws of Utah 1998, Chapter 226
36-12-4
, as last amended by Laws of Utah 1988, Chapter 6
36-12-5
, as last amended by Laws of Utah 2013, Chapter 177
36-12-8.1
, as last amended by Laws of Utah 2018, Chapter 254
36-12-12
, as last amended by Laws of Utah 2003, Chapter 92
36-12-16
, as enacted by Laws of Utah 1975, Chapter 109
36-12-18
, as last amended by Laws of Utah 2007, Chapter 121
36-12-22
, as last amended by Laws of Utah 2020, Chapter 154
36-13-1
, as last amended by Laws of Utah 1987, Chapter 130
36-21-1
, as last amended by Laws of Utah 2020, Chapter 365
36-23-101
, as enacted by Laws of Utah 1999, Chapter 152
36-27-101
, as enacted by Laws of Utah 2011, Chapter 390
36-28-101
, as last amended by Laws of Utah 2018, Chapter 39
36-29-101
, as last amended by Laws of Utah 2021, Chapter 205
36-32-101
, as enacted by Laws of Utah 2020, Chapter 154
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-21-106
 is amended to read:
4-21-106.
Exemption from certain operational requirements.
(1) The council is exempt from:
(a) Title 51, Chapter 5, Funds Consolidation Act;
(b) Title 63A, Utah Government Operations Code;
(c) Title 63G, Chapter 6a, Utah Procurement Code, but the council shall adopt
procedures to ensure that the council makes purchases:
(i) in a manner that provides for fair competition between providers; and
(ii) at competitive prices;
(d) Title 63J, Chapter 1, Budgetary Procedures Act; and
(e) Title 63A, Chapter 17, Utah State Personnel Management Act.
(2) The council is subject to:
(a) Title 51, Chapter 7, State Money Management Act;
(b) Title 52, Chapter 4, Open and Public Meetings Act;
(c) Section 
67-3-12
;
(d) Title 63G, Chapter 2, Government Records Access and Management Act;
(e) other Utah Code provisions not specifically exempted under Subsection
4-21-106
(1); and
(f) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the
legislative auditor pursuant to Section [
36-12-15
] 
36-4a-301
.
Section 2. Section 
9-7-203
 is amended to read:
9-7-203.
Division duties.
The division shall:
(1) establish, operate, and maintain a state publications collection, a digital library of
state publications, a bibliographic control system, and depositories as provided in this part;
(2) cooperate with:
(a) other agencies to facilitate public access to government information through
electronic networks or other means;
(b) other state or national libraries or library agencies; and
(c) the federal government or agencies in accepting federal aid whether in the form of
funds or otherwise;
(3) receive bequests, gifts, and endowments of money and deposit the funds with the
state treasurer to be placed in the State Library Donation Fund, which funds shall be held for
the purpose, if any, specifically directed by the donor; [
and
]
(4) receive bequests, gifts, and endowments of property to be held, used, or disposed
of, as directed by the donor, with the approval of the Division of Finance
; and
(5) ensure that the facilities of the state library and other libraries maintained by the
state are available for use by legislators and legislative staff
.
Section 3. Section 
9-9-104.6
 is amended to read:
9-9-104.6.
Participation of state agencies in meetings with tribal leaders --
Contact information.
(1) For at least three of the joint meetings described in Subsection 
9-9-104.5
(2)(a), the
division shall coordinate with representatives of tribal governments and the entities listed in
Subsection (2) to provide for the broadest participation possible in the joint meetings.
(2) The following may participate in all meetings described in Subsection (1):
(a) the chairs of the Native American Legislative Liaison Committee created in Section
[
36-22-1
] 
36-6a-501
;
(b) the governor or the governor's designee;
(c) the American Indian-Alaska Native Health Liaison appointed in accordance with
Section 
26-7-2.5
;
(d) the American Indian-Alaska Native Public Education Liaison appointed in
accordance with Section 
53F-5-604
; and
(e) a representative appointed by the chief administrative officer of the following:
(i) the Department of Human Services;
(ii) the Department of Natural Resources;
(iii) the Department of Workforce Services;
(iv) the Governor's Office of Economic Opportunity;
(v) the State Board of Education; and
(vi) the Utah Board of Higher Education.
(3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
(i) designate the name of a contact person for that agency that can assist in coordinating
the efforts of state and tribal governments in meeting the needs of the Native Americans
residing in the state; and
(ii) notify the division:
(A) who is the designated contact person described in Subsection (3)(a)(i); and
(B) of any change in who is the designated contact person described in Subsection
(3)(a)(i).
(b) This Subsection (3) applies to:
(i) the Department of Agriculture and Food;
(ii) the Department of Cultural and Community Engagement;
(iii) the Department of Corrections;
(iv) the Department of Environmental Quality;
(v) the Department of Public Safety;
(vi) the Department of Transportation;
(vii) the Office of the Attorney General;
(viii) the State Tax Commission; and
(ix) any agency described in Subsections (2)(c) through (e).
(c) At the request of the division, a contact person listed in Subsection (3)(b) may
participate in a meeting described in Subsection (1).
(4) (a) A participant under this section who is not a legislator may not receive
compensation or benefits for the participant's service, but may receive per diem and travel
expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a participant who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Section 4. Section 
11-13-316
 is amended to read:
11-13-316.
Project entity oversight.
(1) Notwithstanding any other provision of law, a project entity is a political
subdivision that:
(a) pursuant to Utah Constitution, Article VI, Section 33, is subject to the authority of
the legislative auditor to conduct audits of any funds, functions, and accounts in any political
subdivision of this state; and
(b) is subject to the requirement to provide the Office of the Legislative Auditor
General with all records, documents, and reports necessary for the legislative auditor general or
the office to fulfill the duties described in Subsection (1)(a).
(2) Subsection (1) takes precedence over Section [
36-12-15
] 
36-4a-301
.
Section 5. Section 
11-13-603
 is amended to read:
11-13-603.
Taxed interlocal entity.
(1) Except for purposes of an audit, examination, or review by the Office of the
Legislative Auditor General as described in Subsection (8) and notwithstanding any other
provision of law:
(a) the use of an asset by a taxed interlocal entity does not constitute the use of a public
asset;
(b) a taxed interlocal entity's use of an asset that was a public asset before the taxed
interlocal entity's use of the asset does not constitute a taxed interlocal entity's use of a public
asset;
(c) an official of a project entity is not a public treasurer; and
(d) a taxed interlocal entity's governing board shall determine and direct the use of an
asset by the taxed interlocal entity.
(2) A taxed interlocal entity is not subject to the provisions of Title 63G, Chapter 6a,
Utah Procurement Code.
(3) (a) A taxed interlocal entity is not a participating local entity as defined in Section
67-3-12
.
(b) For each fiscal year of a taxed interlocal entity, the taxed interlocal entity shall
provide:
(i) the taxed interlocal entity's financial statements for and as of the end of the fiscal
year and the prior fiscal year, including:
(A) the taxed interlocal entity's statement of net position as of the end of the fiscal year
and the prior fiscal year, and the related statements of revenues and expenses and of cash flows
for the fiscal year; or
(B) financial statements that are equivalent to the financial statements described in
Subsection (3)(b)(i)(A) and, at the time the financial statements were created, were in
compliance with generally accepted accounting principles that are applicable to taxed interlocal
entities; and
(ii) the accompanying auditor's report and management's discussion and analysis with
respect to the taxed interlocal entity's financial statements for and as of the end of the fiscal
year.
(c) The taxed interlocal entity shall provide the information described in Subsection
(3)(b) within a reasonable time after the taxed interlocal entity's independent auditor delivers to
the taxed interlocal entity's governing board the auditor's report with respect to the financial
statements for and as of the end of the fiscal year.
(d) Notwithstanding Subsections (3)(b) and (c) or a taxed interlocal entity's compliance
with one or more of the requirements of Title 63A, Chapter 3, Division of Finance:
(i) the taxed interlocal entity is not subject to Title 63A, Chapter 3, Division of
Finance; and
(ii) the information described in Subsection (3)(b)(i) or (ii) does not constitute public
financial information as defined in Section 
67-3-12
.
(4) (a) A taxed interlocal entity's governing board is not a governing board as defined
in Section 
51-2a-102
.
(b) A taxed interlocal entity is not subject to the provisions of Title 51, Chapter 2a,
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
Entities Act.
(5) Notwithstanding any other provision of law, a taxed interlocal entity is not subject
to the following provisions:
(a) Part 4, Governance;
(b) Part 5, Fiscal Procedures for Interlocal Entities;
(c) Subsection 
11-13-204
(1)(a)(i) or (ii)(J);
(d) Subsection 
11-13-206
(1)(f);
(e) Subsection 
11-13-218
(5)(a);
(f) Section 
11-13-225
;
(g) Section 
11-13-226
; or
(h) Section 
53-2a-605
.
(6) (a) In addition to having the powers described in Subsection 
11-13-204
(1)(a)(ii), a
taxed interlocal entity may, for the regulation of the entity's affairs and conduct of its business,
adopt, amend, or repeal bylaws, policies, or procedures.
(b) Nothing in Part 4, Governance, or Part 5, Fiscal Procedures for Interlocal Entities,
may be construed to limit the power or authority of a taxed interlocal entity.
(7) (a) A governmental law enacted after May 12, 2015, and on or before November
10, 2021, is not applicable to, is not binding upon, and does not have effect on a taxed
interlocal entity that is a project entity unless the governmental law expressly states the section
of governmental law to be applicable to and binding upon the taxed interlocal entity with the
following words: "[Applicable section or subsection number] constitutes an exception to
Subsection 
11-13-603
(7)(a) and is applicable to and binding upon a taxed interlocal entity."
(b) A governmental law enacted after May 12, 2015, is not applicable to, is not binding
upon, and does not have effect on a taxed interlocal entity that is an energy services interlocal
entity unless the governmental law expressly states the section of governmental law to be
applicable to and binding upon the energy services interlocal entity with the following words:
"[Applicable section or subsection number] constitutes an exception to Subsection
11-13-603
(7)(a) and is applicable to and binding upon an energy services interlocal entity."
(c) Sections 
11-13-601
 through 
11-13-608
 constitute an exception to Subsections (7)(a)
and (7)(b) and are applicable to and binding upon a taxed interlocal entity.
(8) (a) Notwithstanding any other provision of law, a taxed interlocal entity that is a
project entity is a political subdivision that:
(i) pursuant to Utah Constitution, Article VI, Section 33, is subject to the authority of
the legislative auditor to conduct audits of any funds, functions, and accounts in any political
subdivision of this state; and
(ii) is subject to the requirement to provide the Office of the Legislative Auditor
General with all records, documents, and reports necessary of the legislative auditor general or
the office to fulfill the duties described in Subsection (8)(a)(i).
(b) Subsection (8)(a) takes precedence over Section [
36-12-15
] 
36-4a-301
.
Section 6. Section 
11-65-101
, which is renumbered from Section 36-11a-102 is
renumbered and amended to read:
CHAPTER 65. LOCAL GOVERNMENT AND BOARD OF EDUCATION LOBBYIST
DISCLOSURE AND REGULATION ACT
Part 1. General Provisions
[
36-11a-102
].
 11-65-101.
Definitions.
As used in this chapter:
(1) "Aggregate daily expenditures" means:
(a) for a single lobbyist, principal, or government officer, the total of all expenditures
made within a calendar day by the lobbyist, principal, or government officer for the benefit of
an individual local official or education official;
(b) for an expenditure made by a member of a lobbyist group, the total of all
expenditures made within a calendar day by every member of the lobbyist group for the benefit
of an individual local official or education official; or
(c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
lobbyist within a calendar day for the benefit of an individual local official or education
official, regardless of whether the expenditures were attributed to different clients.
(2) "Board of education" means:
(a) a local school board described in Title 53G, Chapter 4, School Districts;
(b) the State Board of Education;
(c) the State Charter School Board created under Section 
53G-5-201
; or
(d) a charter school governing board described in Title 53G, Chapter 5, Charter
Schools.
(3) (a) "Compensation" means anything of economic value, however designated, that is
paid, loaned, granted, given, donated, or transferred to an individual for the provision of
services or ownership before any withholding required by federal or state law.
(b) "Compensation" includes:
(i) a salary or commission;
(ii) a bonus;
(iii) a benefit;
(iv) a contribution to a retirement program or account;
(v) a payment includable in gross income, as defined in Section 62, Internal Revenue
Code, and subject to social security deductions, including a payment in excess of the maximum
amount subject to deduction under social security law;
(vi) an amount that the individual authorizes to be deducted or reduced for salary
deferral or other benefits authorized by federal law; or
(vii) income based on an individual's ownership interest.
(4) "Compensation payor" means a person who pays compensation to a local official or
education official in the ordinary course of business:
(a) because of the local official's or education official's ownership interest in the
compensation payor; or
(b) for services rendered by the local official or education official on behalf of the
compensation payor.
(5) "Education action" means:
(a) a resolution, policy, or other official action for consideration by a board of
education;
(b) a nomination or appointment by an education official or a board of education;
(c) an administrative action taken by a vote of a board of education;
(d) an adjudicative proceeding over which an education official has direct or indirect
control;
(e) a purchasing or contracting decision;
(f) drafting or making a policy, resolution, or rule;
(g) determining a rate or fee; or
(h) making an adjudicative decision.
(6) "Education official" means:
(a) a member of a board of education;
(b) an individual appointed to or employed in a position under a board of education if
that individual:
(i) occupies a policymaking position or makes purchasing or contracting decisions;
(ii) drafts resolutions or policies or drafts or makes rules;
(iii) determines rates or fees; or
(iv) makes adjudicative decisions; or
(c) an immediate family member of an individual described in Subsection (6)(a) or (b).
(7) "Event" means entertainment, a performance, a contest, or a recreational activity
that an individual participates in or is a spectator at, including a sporting event, an artistic
event, a play, a movie, dancing, or singing.
(8) (a) "Expenditure" means any of the items listed in this Subsection (8)(a) when
given to or for the benefit of a local official or education official unless consideration of equal
or greater value is received:
(i) a purchase, payment, or distribution;
(ii) a loan, gift, or advance;
(iii) a deposit, subscription, or forbearance;
(iv) services or goods;
(v) money;
(vi) real property;
(vii) a ticket or admission to an event; or
(viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
any item listed in Subsections (8)(a)(i) through (vii).
(b) "Expenditure" does not mean:
(i) a commercially reasonable loan made in the ordinary course of business;
(ii) a campaign contribution:
(A) reported in accordance with Title 20A, Chapter 11, Campaign and Financial
Reporting Requirements, Section 
10-3-208
 or Section 
17-16-6.5
, or an applicable ordinance
described in Subsection 
10-3-208
[
(5)
]
(6)
 or Subsection 
17-16-6.5
(1); or
(B) lawfully given to a person that is not required to report the contribution under a law
or ordinance described in Subsection (8)(b)(ii)(A);
(iii) printed informational material that is related to the performance of the recipient's
official duties;
(iv) a devise or inheritance;
(v) any item listed in Subsection (8)(a) if:
(A) given by a relative;
(B) given by a compensation payor for a purpose solely unrelated to the local official's
or education official's position as a local official or education official;
(C) the item is food or beverage with a value that does not exceed the food
reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
the food reimbursement rate; or
(D) the item is not food or beverage, has a value of less than $10, and the aggregate
daily expenditures do not exceed $10;
(vi) food or beverage that is provided at an event, a tour, or a meeting to a local official
or education official who is:
(A) giving a speech at the event, tour, or meeting;
(B) participating in a panel discussion at the event, tour, or meeting; or
(C) presenting or receiving an award at the event, tour, or meeting;
(vii) a plaque, commendation, or award that:
(A) is presented in public; and
(B) has the name of the individual receiving the plaque, commendation, or award
inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
award;
(viii) a publication having a cash value not exceeding $30;
(ix) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
which is:
(A) to solicit a contribution that is reportable under 2 U.S.C. Sec. 434, Title 20A,
Chapter 11, Campaign and Financial Reporting Requirements, Section 
10-3-208
 or Section
17-16-6.5
, or an applicable ordinance described in Subsection 
10-3-208
[
(5)
]
(6)
 or Subsection
17-16-6.5
(1);
(B) to solicit a campaign contribution that a person is not required to report under a law
or ordinance described in Subsection (8)(b)(ix)(A); or
(C) charitable solicitation, as defined in Section 
13-22-2
;
(x) notwithstanding Subsection (8)(a)(vii), admission to, attendance at, or travel to or
from an event, a tour, or a meeting for a local official or education official:
(A) that is sponsored by a governmental entity, a public school, a charter school, or an
organization that represents only local governmental entities, public schools, or charter schools,
including the Utah Association of Counties, the Utah League of Cities and Towns, the Utah
Association of Special Districts, the Utah Association of Public Charter Schools, the Utah
School Boards Association, or the Utah School Superintendents Association; or
(B) that is widely attended and related to a governmental duty of the local official or
education official; or
(xi) travel to a widely attended tour or meeting related to a governmental duty of a
local official or education official if that travel results in a financial savings to the local
government or board of education to which the local official or education official belongs.
(9) "Food reimbursement rate" means the total amount set by the director of the
Division of Finance, by rule, under Section 
63A-3-107
, for in-state meal reimbursement, for an
employee of the executive branch, for an entire day.
(10) (a) "Government officer" means:
(i) an individual elected to a position in state or local government, when acting in the
capacity of the state or local government position;
(ii) an individual elected to a board of education, when acting in the capacity of a
member of a board of education;
(iii) an individual appointed to fill a vacancy in a position described in Subsection
(10)(a)(i) or (ii), when acting in the capacity of the position; or
(iv) an individual appointed to or employed in a full-time position by state government,
local government, or board of education, when acting in the capacity of the individual's
appointment or employment.
(b) "Government officer" does not mean a member of the legislative branch of state
government.
(11) "Immediate family" means:
(a) a spouse;
(b) a child residing in the household; or
(c) an individual claimed as a dependent for tax purposes.
(12) "Lobbying" means communicating with a local official or education official for
the purpose of influencing a local action or education action.
(13) (a) "Lobbyist" means:
(i) an individual who is employed by a principal; or
(ii) an individual who contracts for economic consideration, other than reimbursement
for reasonable travel expenses, with a principal to lobby a local official or education official.
(b) "Lobbyist" does not include:
(i) a government officer;
(ii) a member or employee of the legislative branch of state government;
(iii) a person participating on or appearing before an advisory or study task force,
commission, board, or committee, constituted by a local government or board of education;
(iv) a representative of a political party;
(v) an individual representing a bona fide church solely for the purpose of protecting
the right to practice the religious doctrines of the church, unless the individual or church makes
an expenditure that confers a benefit on a local official or education official;
(vi) a newspaper, television station or network, radio station or network, periodical of
general circulation, or book publisher for the purpose of publishing news items, editorials,
other comments, or paid advertisements that directly or indirectly urge local action or education
action;
(vii) an individual who appears on the individual's own behalf before a board of
education, the governing body of a local government, or a committee of a local government or
board of education, solely for the purpose of testifying in support of or in opposition to local
action or education action; or
(viii) an individual representing a business, entity, or industry, who:
(A) interacts with a local official or education official, in the local official's or
education official's capacity as a local official or education official, while accompanied by a
lobbyist who is lobbying in relation to the subject of the interaction; and
(B) does not make an expenditure for, or on behalf of, a local official or education
official in relation to the interaction or during the period of interaction.
(14) "Lobbyist group" means two or more lobbyists, principals, government officers, or
any combination of lobbyists, principals, and government officers, who each contribute a
portion of an expenditure made to benefit a local official or education official or member of the
local official's or education official's immediate family.
(15) "Local action" means:
(a) an ordinance or resolution for consideration by a local government;
(b) a nomination or appointment by a local official or a local government;
(c) an administrative action taken by a vote of a local government's legislative body;
(d) an adjudicative proceeding over which a local official has direct or indirect control;
(e) a purchasing or contracting decision;
(f) drafting or making a policy, resolution, or rule;
(g) determining a rate or fee; or
(h) making an adjudicative decision.
(16) "Local government" means:
(a) a county, city, town, or metro township;
(b) a local district governed by Title 17B, Limited Purpose Local Government Entities
- Local Districts;
(c) a special service district governed by Title 17D, Chapter 1, Special Service District
Act;
(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
Government Entities - Community Reinvestment Agency Act;
(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
(f) a redevelopment agency; or
(g) an interlocal entity or a joint or cooperative undertaking governed by Title 11,
Chapter 13, Interlocal Cooperation Act.
(17) "Local official" means:
(a) an elected member of a local government;
(b) an individual appointed to or employed in a position in a local government if that
individual:
(i) occupies a policymaking position or makes purchasing or contracting decisions;
(ii) drafts ordinances or resolutions or drafts or makes rules;
(iii) determines rates or fees; or
(iv) makes adjudicative decisions; or
(c) an immediate family member of an individual described in Subsection (17)(a) or
(b).
(18) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
make a decision, including a conference, seminar, or summit.
(19) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
who represents two or more clients and divides the aggregate daily expenditure made to benefit
a local official or education official or member of the local official's or education official's
immediate family between two or more of those clients.
(20) "Principal" means a person that employs an individual to perform lobbying, either
as an employee or as an independent contractor.
(21) "Quarterly reporting period" means the three-month period covered by each
financial report required under Section [
36-11a-201
] 
11-65-201
.
(22) "Related person" means a person, agent, or employee who knowingly and
intentionally assists a lobbyist, principal, or government officer in lobbying.
(23) "Relative" means:
(a) a spouse;
(b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law,
brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
(c) a spouse of an individual described in Subsection (23)(b).
(24) "Tour" means the visit of a location by a local official or education official, for a
purpose relating to the duties of the local official or education official, and not primarily for
entertainment, including:
(a) viewing a facility;
(b) viewing the sight of a natural disaster; or
(c) assessing a circumstance in relation to which a local official or education official
may need to take action within the scope of the local official's or education official's duties.
(25) "Type of public official" means a notation to identify whether an individual is:
(a) a local official, including a notation of the type of local government for which the
individual is a local official;
(b) an education official, including a notation of the type of board of education for
which the individual is an education official; or
(c) an immediate family member of an individual described in Subsection (6)(a),
(6)(b), (17)(a), or (17)(b).
Section 7. Section 
11-65-201
, which is renumbered from Section 36-11a-201 is
renumbered and amended to read:
Part 2. Disclosure of Expenditures
[
36-11a-201
].
 11-65-201.
Lobbyist, principal, and government officer
financial reporting requirements -- Prohibition for related person to make expenditures.
(1) (a) (i) Except as provided in Subsection (1)(a)(ii), a lobbyist shall file financial
reports with the lieutenant governor on or before the due dates specified in Subsection (2).
(ii) A lobbyist who has not made an expenditure during a quarterly reporting period is
not required to file a quarterly financial report for that quarterly reporting period.
(iii) A lobbyist who is not required to file any quarterly reports under this section for a
calendar year shall, on or before January 10 of the following year, file a financial report listing
the amount of the expenditures for the entire preceding year as "none."
(b) Except as provided in Subsection (1)(c), a government officer or principal that
makes an expenditure during any of the quarterly reporting periods under Subsection (2)(a)
shall file a financial report with the lieutenant governor on or before the date that a report for
that quarter is due.
(c) (i) As used in this Subsection (1)(c), "same local government type" means:
(A) for a county government, another county government;
(B) for a municipal government, another municipal government;
(C) for a local board of education, another local board of education;
(D) for a local district, another local district or a special service district; or
(E) for a special service district, another special service district or a local district.
(ii) A government officer or local official is not required, under this section, to report
an expenditure made by the government officer or local official to another government officer
or local official if the government officer or local official making the expenditure is of the
same local government type as the government officer or local official receiving the
expenditure.
(2) (a) A financial report is due quarterly on the following dates:
(i) April 10, for the period of January 1 through March 31;
(ii) July 10, for the period of April 1 through June 30;
(iii) October 10, for the period of July 1 through September 30; and
(iv) January 10, for the period of October 1 through December 31 of the previous year.
(b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday,
the report is due on the next succeeding business day.
(c) A financial report is timely filed if it is filed electronically before the close of
regular office hours on or before the due date.
(3) A financial report shall contain:
(a) the total amount of expenditures made to benefit any local official or education
official during the quarterly reporting period;
(b) the total amount of expenditures made, by the type of official, during the quarterly
reporting period;
(c) for the financial report due on January 10:
(i) the total amount of expenditures made to benefit any local official or education
official during the last calendar year; and
(ii) the total amount of expenditures made, by the type of official, during the last
calendar year;
(d) a disclosure of each expenditure made during the quarterly reporting period to
reimburse or pay for travel or lodging for a local official or education official, including:
(i) each travel destination and each lodging location;
(ii) the name of each local official or education official who benefitted from the
expenditure on travel or lodging;
(iii) the type of official of each local official or education official named;
(iv) for each local official or education official named, a listing of the amount and
purpose of each expenditure made for travel or lodging; and
(v) the total amount of expenditures listed under Subsection (3)(d)(iv);
(e) a disclosure of aggregate daily expenditures greater than $10 made during the
quarterly reporting period including:
(i) the date and purpose of the expenditure;
(ii) the location of the expenditure;
(iii) the name of any local official or education official benefitted by the expenditure;
(iv) the type of official benefitted by the expenditure; and
(v) the total monetary worth of the benefit that the expenditure conferred on any local
official or education official;
(f) for each local official or education official who was employed by the lobbyist,
principal, or government officer, a list that provides:
(i) the name of the local official or education official; and
(ii) the nature of the employment with the local official or education official;
(g) a description of each local action or education action regarding which the lobbyist,
principal, or government officer made an expenditure to a local official or education official;
(h) the general purposes, interests, and nature of the entities that the lobbyist, principal,
or government officer filing the report represents; and
(i) for a lobbyist, a certification that the information provided in the report is true,
accurate, and complete to the lobbyist's best knowledge and belief.
(4) A related person may not, while assisting a lobbyist, principal, or government
officer in lobbying, make an expenditure that benefits a local official or education official
under circumstances that would otherwise fall within the disclosure requirements of this
chapter if the expenditure was made by the lobbyist, principal, or government officer.
(5) The lieutenant governor:
(a) shall provide a reporting system that allows a lobbyist, principal, or government
officer to submit a financial report required by this chapter via the Internet; and
(b) may integrate the reporting system described in Subsection (5)(a) with the reporting
system described in [
Subsection 
36-11-201
(5)(b)
] 
Section 
67-1c-201
.
(6) (a) A lobbyist and a principal shall continue to file a financial report required by
this section until the lobbyist or principal files a statement with the lieutenant governor that:
(i) (A) for a lobbyist, states that the lobbyist has ceased lobbying activities; or
(B) for a principal, states that the principal no longer employs an individual as a
lobbyist;
(ii) contains a listing, as required by this section, of all previously unreported
expenditures that have been made through the date of the statement; and
(iii) states that the lobbyist or principal will not make any additional expenditure that is
not disclosed on the statement unless the lobbyist or principal complies with the disclosure
requirements of this chapter.
(b) Except as provided in Subsection (1)(a)(ii), a lobbyist or principal that is required
to file a financial report under this section is required to file the report quarterly until the
lobbyist or principal files the statement required by Subsection (6)(a).
Section 8. Section 
11-65-202
, which is renumbered from Section 36-11a-202 is
renumbered and amended to read:
[
36-11a-202
].
 11-65-202.
Expenditures over certain amounts prohibited --
Exceptions.
(1) Except as provided in Subsection (2) or (3), a lobbyist, principal, or government
officer may not make or offer to make aggregate daily expenditures that exceed:
(a) for food or beverage, the food reimbursement rate; or
(b) $10 for expenditures other than food or beverage.
(2) A lobbyist, principal, or government officer may make aggregate daily expenditures
that exceed the limits described in Subsection (1):
(a) for the following items, if the expenditure is reported in accordance with Section
[
36-11a-201
] 
11-65-201
:
(i) food;
(ii) beverage;
(iii) travel;
(iv) lodging; or
(v) admission to or attendance at a tour or meeting; or
(b) if the expenditure is made for a purpose solely unrelated to the local official's or
education official's position as a local official or education official.
(3) (a) As used in this Subsection (3), "same local government type" means:
(i) for a county government, another county government;
(ii) for a municipal government, another municipal government;
(iii) for a local board of education, another local board of education;
(iv) for a local district, another local district or a special service district; or
(v) for a special service district, another special service district or a local district.
(b) This section does not apply to an expenditure made by a government officer or
local official to another government officer or local official if the government officer or local
official making the expenditure is of the same local government type as the government officer
or local official receiving the expenditure.
Section 9. Section 
11-65-203
, which is renumbered from Section 36-11a-203 is
renumbered and amended to read:
[
36-11a-203
].
 11-65-203.
Disposal of publications.
If a lobbyist, principal, or government officer makes an expenditure, in the form of a
publication, to a local official or education official, the local official or education official may
return the publication to the lobbyist, principal, or government officer, donate the publication
to a charity or a government entity, or destroy the publication.
Section 10. Section 
11-65-301
, which is renumbered from Section 36-11a-301 is
renumbered and amended to read:
[
36-11a-301
].
 11-65-301.
Penalties.
(1) A person who intentionally violates Section [
36-11a-201
] 
11-65-201
 or
[
36-11a-202
] 
11-65-202
 is subject to the following penalties:
(a) an administrative penalty of up to $1,000 for each violation; and
(b) for each subsequent violation of that same section within 24 months, either:
(i) an administrative penalty of up to $5,000; or
(ii) suspension of the violator's lobbying license for up to one year, if the person is a
registered lobbyist under Section [
36-11-103
] 
67-1c-102
.
(2) Any person who intentionally fails to file a financial report required by this chapter,
omits material information from a financial report, or files false information on a financial
report, is subject to the following penalties:
(a) an administrative penalty of up to $1,000 for each violation; or
(b) suspension of the violator's lobbying license for up to one year, if the person is a
registered lobbyist under Section 
36-11-103
.
(3) In addition to any penalty imposed under Subsection (1) or (2), a person who
intentionally fails to file a financial report required by this chapter on the date the report is due
is subject to a penalty of up to $50 per day for each day that the report is late.
(4) A person with evidence of a possible violation of this chapter may submit the
evidence to the lieutenant governor for investigation.
(5) Nothing in this chapter creates a third-party cause of action or appeal rights.
Section 11. Section 
11-65-302
, which is renumbered from Section 36-11a-302 is
renumbered and amended to read:
[
36-11a-302
].
 11-65-302.
Lieutenant governor's procedures.
The director of elections within the Office of the Lieutenant Governor shall make rules
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that provide
for the appointment of an administrative law judge to adjudicate alleged violations of this
chapter and to impose penalties under this chapter.
Section 12. Section 
11-65-303
, which is renumbered from Section 36-11a-303 is
renumbered and amended to read:
[
36-11a-303
].
 11-65-303.
Construction and interpretation -- Freedom of
expression, participation, and press -- Non-preemption.
(1) No provision of this chapter may be construed in a manner that limits:
(a) a person's right of freedom of expression and participation in government; or
(b) freedom of the press.
(2) This chapter does not prevent a local government or public education entity from
enacting an ordinance or adopting a policy, that the local government or public education entity
otherwise has the lawful authority to enact or adopt, that is stricter than the requirements of this
chapter.
Section 13. Section 
20A-9-407
 is amended to read:
20A-9-407.
 Convention process to seek the nomination of a qualified political
party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of a qualified political party for an elective office through the
qualified political party's convention process.
(2) Notwithstanding Subsection 
20A-9-201
(7)(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
described in Section 
20A-9-408.5
.
(3) Notwithstanding Subsection 
20A-9-202
(1)(a), and except as provided in Subsection
20A-9-202
(4), a member of a qualified political party who, under this section, is seeking the
nomination of the qualified political party for an elective office that is to be filled at the next
general election, shall:
(a) except as provided in Subsection 
20A-9-202
(1)(c), file a declaration of candidacy in
person with the filing officer:
(i) on or after 48 days after the day on which the Legislature's general session begins,
as provided in Section [
36-3-201
] 
36-2a-101
; and
(ii) before 5 p.m. 52 days after the day on which the Legislature's general session
begins, as provided in Section [
36-3-201
] 
36-2a-101
; and
(b) pay the filing fee.
(4) Notwithstanding Subsection 
20A-9-202
(2)(a), a member of a qualified political
party who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at the next
general election shall:
(a) file a declaration of candidacy with the county clerk designated in the interlocal
agreement creating the prosecution district:
(i) on or after 48 days after the day on which the Legislature's general session begins,
as provided in Section [
36-3-201
] 
36-2a-101
; and
(ii) before 5 p.m. 52 days after the day on which the Legislature's general session
begins, as provided in Section [
36-3-201
] 
36-2a-101
; and
(b) pay the filing fee.
(5) Notwithstanding Subsection 
20A-9-202
(3)(a)(iii), a lieutenant governor candidate
who files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall, before the deadline described
in Subsection 
20A-9-202
(1)(b), file a declaration of candidacy and submit a letter from the
candidate for governor that names the lieutenant governor candidate as a joint-ticket running
mate.
(6) (a) A qualified political party that nominates a candidate under this section shall
certify the name of the candidate to the lieutenant governor before the deadline described in
Subsection 
20A-9-202
(1)(b).
(b) The lieutenant governor shall include, in the primary ballot certification or, for a
race where a primary is not held because the candidate is unopposed, in the general election
ballot certification, the name of each candidate nominated by a qualified political party under
this section.
(7) Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate who
is nominated by a qualified political party under this section, designate the qualified political
party that nominated the candidate.
Section 14. Section 
20A-9-408
 is amended to read:
20A-9-408.
Signature-gathering process to seek the nomination of a qualified
political party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of the qualified political party for an elective office through the
signature-gathering process described in this section.
(2) Notwithstanding Subsection 
20A-9-201
(7)(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
described in Section 
20A-9-408.5
.
(3) Notwithstanding Subsection 
20A-9-202
(1)(a), and except as provided in Subsection
20A-9-202
(4), a member of a qualified political party who, under this section, is seeking the
nomination of the qualified political party for an elective office that is to be filled at the next
general election shall:
(a) within the period beginning on January 1 before the next regular general election
and ending at 5 p.m. 52 days after the day on which the Legislature's general session begins, as
provided in Section [
36-3-201
] 
36-2a-101
, and before gathering signatures under this section,
file with the filing officer on a form approved by the lieutenant governor a notice of intent to
gather signatures for candidacy that includes:
(i) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) other information required by the lieutenant governor;
(b) except as provided in Subsection 
20A-9-202
(1)(c), file a declaration of candidacy,
in person, with the filing officer:
(i) on or after 48 days after the day on which the Legislature's general session begins,
as provided in Section [
36-3-201
] 
36-2a-101
; and
(ii) before 5 p.m. 52 days after the day on which the Legislature's general session
begins, as provided in Section [
36-3-201
] 
36-2a-101
; and
(c) pay the filing fee.
(4) Notwithstanding Subsection 
20A-9-202
(2)(a), a member of a qualified political
party who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at the next
general election shall:
(a) on or after January 1 before the next regular general election, and before gathering
signatures under this section, file with the filing officer on a form approved by the lieutenant
governor a notice of intent to gather signatures for candidacy that includes:
(i) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) other information required by the lieutenant governor;
(b) except as provided in Subsection 
20A-9-202
(1)(c), file a declaration of candidacy,
in person, with the filing officer:
(i) on or after 48 days after the day on which the Legislature's general session begins,
as provided in Section [
36-3-201
] 
36-2a-101
; and
(ii) before 5 p.m. 52 days after the day on which the Legislature's general session
begins, as provided in Section [
36-3-201
] 
36-2a-101
; and
(c) pay the filing fee.
(5) Notwithstanding Subsection 
20A-9-202
(3)(a)(iii), a lieutenant governor candidate
who files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall, before the deadline described
in Subsection 
20A-9-202
(1)(b), file a declaration of candidacy and submit a letter from the
candidate for governor that names the lieutenant governor candidate as a joint-ticket running
mate.
(6) The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701
(1) also includes the name of each candidate nominated by a qualified political party
under this section.
(7) Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate who
is nominated by a qualified political party under this section, designate the qualified political
party that nominated the candidate.
(8) A member of a qualified political party may seek the nomination of the qualified
political party for an elective office by:
(a) complying with the requirements described in this section; and
(b) collecting signatures, on a form approved by the lieutenant governor, during the
period beginning on January 1 of an even-numbered year and ending at 5 p.m. 14 days before
the day on which the qualified political party's convention for the office is held, in the
following amounts:
(i) for a statewide race, 28,000 signatures of registered voters in the state who are
permitted by the qualified political party to vote for the qualified political party's candidates in
a primary election;
(ii) for a congressional district race, 7,000 signatures of registered voters who are
residents of the congressional district and are permitted by the qualified political party to vote
for the qualified political party's candidates in a primary election;
(iii) for a state Senate district race, 2,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election;
(iv) for a state House district race, 1,000 signatures of registered voters who are
residents of the state House district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election;
(v) for a State Board of Education race, the lesser of:
(A) 2,000 signatures of registered voters who are residents of the State Board of
Education district and are permitted by the qualified political party to vote for the qualified
political party's candidates in a primary election; or
(B) 3% of the registered voters of the qualified political party who are residents of the
applicable State Board of Education district; and
(vi) for a county office race, signatures of 3% of the registered voters who are residents
of the area permitted to vote for the county office and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election.
(9) (a) In order for a member of the qualified political party to qualify as a candidate
for the qualified political party's nomination for an elective office under this section, the
member shall:
(i) collect the signatures on a form approved by the lieutenant governor, using the same
circulation and verification requirements described in Sections 
20A-7-204
 and 
20A-7-205
; and
(ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
before the day on which the qualified political party holds the party's convention to select
candidates, for the elective office, for the qualified political party's nomination.
(b) An individual may not gather signatures under this section until after the individual
files a notice of intent to gather signatures for candidacy described in this section.
(c) An individual who files a notice of intent to gather signatures for candidacy,
described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
the notice of intent to gather signatures for candidacy:
(i) required to comply with the reporting requirements that a candidate for office is
required to comply with; and
(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
apply to a candidate for office in relation to the reporting requirements described in Subsection
(9)(c)(i).
(d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
election officer shall, no later than the earlier of 14 days after the day on which the election
officer receives the signatures, or one day before the day on which the qualified political party
holds the convention to select a nominee for the elective office to which the signature packets
relate:
(i) check the name of each individual who completes the verification for a signature
packet to determine whether each individual is a resident of Utah and is at least 18 years old;
(ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
(iii) determine whether each signer is a registered voter who is qualified to sign the
petition, using the same method, described in Section 
20A-7-206.3
, used to verify a signature
on a petition; and
(iv) certify whether each name is that of a registered voter who is qualified to sign the
signature packet.
(e) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
election officer shall, no later than one day before the day on which the qualified political party
holds the convention to select a nominee for the elective office to which the signature packets
relate, notify the qualified political party and the lieutenant governor of the name of each
member of the qualified political party who qualifies as a nominee of the qualified political
party, under this section, for the elective office to which the convention relates.
(f) Upon receipt of a notice of intent to gather signatures for candidacy described in
this section, the lieutenant governor shall post the notice of intent to gather signatures for
candidacy on the lieutenant governor's website in the same location that the lieutenant governor
posts a declaration of candidacy.
Section 15. Section 
20A-20-201
 is amended to read:
20A-20-201.
Utah Independent Redistricting Commission -- Creation --
Membership -- Term -- Quorum -- Action -- Meetings -- Staffing -- Website.
(1) (a) There is created the Utah Independent Redistricting Commission.
(b) The commission is housed in the Department of Government Operations for
budgetary purposes only.
(c) The commission is not under the direction or control of the Department of
Government Operations or any executive director, director, or other employee of the
Department of Government Operations or any other government entity.
(2) Except as provided in Subsection (4), the commission comprises seven members
appointed as follows:
(a) one member appointed by the governor, which member shall serve as chair of the
commission;
(b) one member appointed by the president of the Senate;
(c) one member appointed by the speaker of the House of Representatives;
(d) one member appointed by the legislative leader of the largest minority political
party in the Senate;
(e) one member appointed by the legislative leader of the largest minority political
party in the House of Representatives;
(f) one member appointed jointly by the president of the Senate and the speaker of the
House of Representatives; and
(g) one member appointed jointly by the legislative leader of the largest minority
political party in the Senate and the legislative leader of the largest minority political party in
the House of Representatives.
(3) An appointing authority described in Subsection (2):
(a) shall make the appointments no later than:
(i) February 1 of the year immediately following a decennial year; or
(ii) if there is a change in the number of congressional, legislative, or other districts
resulting from an event other than a national decennial enumeration made by the authority of
the United States, the day on which the Legislature appoints a committee to draw maps in
relation to the change;
(b) may remove a commission member appointed by the appointing authority, for
cause; and
(c) shall, if a vacancy occurs in the position appointed by the appointing authority
under Subsection (2), appoint another individual to fill the vacancy within 10 days after the day
on which the vacancy occurs.
(4) (a) If the appointing authority described in Subsection (2)(a) fails to timely make
the appointment, the legislative leader of the largest political party in the House of
Representatives and the Senate, of which the governor is not a member, shall jointly make the
appointment.
(b) If the appointing authority described in Subsection (2)(b) fails to timely make the
appointment, the appointing authority described in Subsection (2)(d) shall make the
appointment.
(c) If the appointing authority described in Subsection (2)(c) fails to timely make the
appointment, the appointing authority described in Subsection (2)(e) shall make the
appointment.
(d) If the appointing authority described in Subsection (2)(d) fails to timely make the
appointment, the appointing authority described in Subsection (2)(b) shall make the
appointment.
(e) If the appointing authority described in Subsection (2)(e) fails to timely make the
appointment, the appointing authority described in Subsection (2)(c) shall make the
appointment.
(f) If the appointing authority described in Subsection (2)(f) fails to timely make the
appointment, the appointing authority described in Subsection (2)(g) shall make the
appointment.
(g) If the appointing authority described in Subsection (2)(g) fails to timely make the
appointment, the appointing authority described in Subsection (2)(f) shall make the
appointment.
(5) A member of the commission may not, during the member's service on the
commission:
(a) be a lobbyist or principal, as those terms are defined in Section [
36-11-102
]
67-1c-101
;
(b) be a candidate for or holder of any elective office, including federal elective office,
state elective office, or local government elective office;
(c) be a candidate for or holder of any office of a political party, except for delegates to
a political party's convention;
(d) be an employee of, or a paid consultant for, a political party, political party
committee, personal campaign committee, or any political action committee affiliated with a
political party or controlled by an elected official or candidate for elective office, including any
local government office;
(e) serve in public office if the member is appointed to public office by the governor or
the Legislature;
(f) be employed by the United States Congress or the Legislature; or
(g) hold any position that reports directly to an elected official, including a local
elected official, or to any person appointed by the governor or Legislature to any other public
office.
(6) In addition to the qualifications described in Subsection (5), a member of the
commission described in Subsection (2)(f) or (g):
(a) may not have, during the two-year period immediately preceding the member's
appointment to the commission:
(i) been affiliated with a political party under Section 
20A-2-107
;
(ii) voted in the regular primary election or municipal primary election of a political
party; or
(iii) been a delegate to a political party convention; and
(b) may not, in the sole determination of the appointing authority, be an individual who
is affiliated with a partisan organization or cause.
(7) Each commission member shall, upon appointment to the commission, sign and file
a statement with the governor certifying that the commission member:
(a) meets the qualifications for appointment to the commission;
(b) will, during the member's service on the commission, comply with the requirements
described in Subsection (5);
(c) will comply with the standards, procedures, and requirements described in this
chapter that are applicable to a commission member; and
(d) will faithfully discharge the duties of a commission member in an independent,
impartial, honest, and transparent manner.
(8) For a regular decennial redistricting, the commission is:
(a) formed and may begin conducting business on February 1 of the year immediately
following a decennial year; and
(b) dissolved upon approval of the Legislature's redistricting maps by the governor, or
the day following the constitutional time limit of Utah Constitution, Article VII, Section 8,
without the governor's signature, or in the case of a veto, the date of veto override.
(9) (a) A member of the commission may not receive compensation or benefits for the
member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(b) A member of the commission may decline to receive per diem or travel expenses.
(10) The commission shall meet upon the request of a majority of the commission
members or when the chair calls a meeting.
(11) (a) A majority of the members of the commission constitutes a quorum.
(b) The commission takes official action by a majority vote of a quorum present at a
meeting of the commission.
(12) Within appropriations from the Legislature, the commission may, to fulfill the
duties of the commission:
(a) contract with or employ an attorney licensed in Utah, an executive director, and
other staff; and
(b) purchase equipment and other resources, in accordance with Title 63G, Chapter 6a,
Utah Procurement Code, to fulfill the duties of the commission.
(13) The commission shall maintain a website where the public may:
(a) access announcements and records of commission meetings and hearings;
(b) access maps presented to, or under consideration by, the commission;
(c) access evaluations described in Subsection 
20A-20-302
(8);
(d) submit a map to the commission; and
(e) submit comments on a map presented to, or under consideration by, the
commission.
Section 16. Section 
26-7-2.5
 is amended to read:
26-7-2.5.
American Indian-Alaska Native Health Office -- Duties.
(1) As used in this section:
(a) "Health care" means care, treatment, service, or a procedure to improve, maintain,
diagnose, or otherwise affect an individual's physical or mental condition.
(b) "Liaison" means the American Indian-Alaska Native Health Liaison appointed
under this section.
(2) The executive director shall:
(a) establish an office to address health care of Utah's American Indian-Alaska Native
population on and off reservations; and
(b) appoint an individual as the American Indian-Alaska Native Health Liaison who
serves as the administrative head of the office under the supervision of the executive director.
(3) The office shall on behalf of the executive director and the department:
(a) promote and coordinate collaborative efforts between the department and Utah's
American Indian-Alaska Native population to improve the availability and accessibility of
quality health care impacting Utah's American Indian-Alaska Native populations on and off
reservations;
(b) interact with the following to improve health disparities for Utah's American
Indian-Alaska Native populations:
(i) tribal health programs;
(ii) local health departments;
(iii) state agencies and officials; and
(iv) providers of health care in the private sector;
(c) facilitate education, training, and technical assistance regarding public health and
medical assistance programs to Utah's American Indian-Alaska Native populations; and
(d) staff an advisory board by which Utah's tribes may consult with state and local
agencies for the development and improvement of public health programs designed to address
improved health care for Utah's American Indian-Alaska Native populations on and off the
reservation.
(4) The liaison shall annually report the office's activities and accomplishments to the
Native American Legislative Liaison Committee created in Section [
36-22-1
] 
36-6a-501
.
Section 17. Section 
32B-2-211
 is amended to read:
32B-2-211.
Review and audit of commission rules.
(1) (a) In 2019 and every third year thereafter, the Legislature's general counsel shall
review each current rule made by the commission for compliance with current statute.
(b) On or before December 15 of each year in which the Legislature's general counsel
completes a compliance review described in Subsection (1)(a), the Legislature's general
counsel shall prepare and submit a report to the president of the Senate and the speaker of the
House of Representatives that describes the Legislature's general counsel's findings.
(2) (a) Subject to the prioritization of the Audit Subcommittee created in Section
[
36-12-8
] 
36-3a-301
, the Office of the Legislative Auditor General may review one or more
current practices of the commission or the department for compliance with current statute or
rule.
(b) Following a review described in Subsection (2)(a), the Office of the Legislative
Auditor General shall prepare and submit a report to the Audit Subcommittee that describes the
Office of the Legislative Auditor General's findings and recommendations.
Section 18. Section 
35A-14-202
 is amended to read:
35A-14-202.
Utah Data Research Center -- Powers.
(1) When requested by the Office of the Legislative Auditor General, the center shall
give direct access to all records, data, and other materials in possession of the center to the
Office of the Legislative Auditor General.
(2)
 The center may:
[
(1)
] 
(a)
 employ staff necessary to carry out the center's duties;
[
(2)
] 
(b)
 purchase, own, create, or maintain equipment necessary to:
[
(a)
] 
(i)
 collect data from the participating entities;
[
(b)
] 
(ii)
 connect and de-identify data collected by the center;
[
(c)
] 
(iii)
 store connected and de-identified data; or
[
(d)
] 
(iv)
 conduct research on data stored or obtained by the center; or
[
(3)
] 
(c)
 contract with a private entity, another state or federal entity, or a political
subdivision of the state to carry out the center's duties as provided in this chapter.
Section 19. Section 
36-1a-101
, which is renumbered from Section 36-1-101.1 is
renumbered and amended to read:
CHAPTER 1a. LEGISLATIVE DISTRICTS
Part 1. Utah State Senate
[
36-1-101.1
].
 36-1a-101.
Definitions.
As used in this part:
(1) "Census block" means any one of the 71,207 individual geographic areas into
which the Bureau of the Census of the United States Department of Commerce has divided the
state of Utah, to each of which the Bureau of the Census has attached a discrete population
tabulation from the 2020 decennial census.
(2) "Senate block equivalency file" means the electronic file designated as
SB2006S02_BEF.txt that assigns each of Utah's 71,207 census blocks to a particular Utah State
Senate district.
(3) "Senate shapefile" means the electronic shapefile that:
(a) is the resulting projection of the Senate block equivalency file; and
(b) stores the boundary of each of the 29 Utah State Senate districts.
(4) "Shapefile" means the digital vector storage format for storing geometric location
and associated attribute information.
Section 20. Section 
36-1a-102
, which is renumbered from Section 36-1-101.5 is
renumbered and amended to read:
[
36-1-101.5
].
 36-1a-102.
Utah State Senate -- District boundaries.
(1) The Utah State Senate shall consist of 29 members, with one member to be elected
from each Utah State Senate district.
(2) The Legislature adopts the official census population figures and maps of the
Bureau of the Census of the United States Department of Commerce developed in connection
with the taking of the 2020 national decennial census as the official data for establishing Senate
district boundaries.
(3) (a) The Legislature enacts the district numbers and boundaries of the Senate districts
designated in the Senate block equivalency file and resulting Senate shapefile that is the
electronic component of Laws of Utah 2021, Second Special Session, Chapter 11:
(i) for purposes of nominating and electing certain members of the Utah State Senate
beginning January 1, 2022; and
(ii) for all other purposes beginning January 1, 2023.
(b) The Legislature shall ensure that the Senate shapefile, and the Senate district
boundaries generated from the Senate shapefile, are accessible on the Utah Legislature's
website.
Section 21. Section 
36-1a-103
, which is renumbered from Section 36-1-102 is
renumbered and amended to read:
[
36-1-102
].
 36-1a-103.
Election of senators -- Staggered terms.
Unless otherwise provided by law, and notwithstanding Subsection 
20A-1-503
(3):
(1) voters in the following districts, as designated in the Senate block equivalency file,
shall elect a senator for a term of four years:
(a) at the 2022 General Election, Senate Districts 1, 5, 6, 7, 9, 11, 12, 13, 14, 18, 19,
20, 21, 23, and 28; and
(b) at the 2024 General Election, Senate Districts 2, 3, 4, 8, 10, 15, 16, 17, 22, 24, 25,
26, 27, and 29; and
(2) a senator representing a district described in Subsection (1)(b) on November 16,
2021, shall represent the realigned district, if the senator resides in the realigned district, for a
term of office that ends January 1, 2025.
Section 22. Section 
36-1a-104
, which is renumbered from Section 36-1-103 is
renumbered and amended to read:
[
36-1-103
].
 36-1a-104.
Senate districts -- Filing -- Legal boundaries.
(1) (a) The Legislature shall file a copy of the Senate block equivalency file enacted by
the Legislature and the resulting Senate shapefile with the lieutenant governor's office.
(b) The legal boundaries of Senate districts are contained in the Senate shapefile on file
with the lieutenant governor's office.
(2) (a) The lieutenant governor shall:
(i) verify the Senate block equivalency file that the Legislature filed under Subsection
(1) using block equivalency file security code "4dde7d733138e1360e155dfaf98a0cd5" and the
resulting Senate shapefile;
(ii) generate maps of each Utah State Senate district from the Senate shapefile; and
(iii) ensure that the district maps are available for viewing on the lieutenant governor's
website.
(b) If there is any inconsistency between the district maps and the Senate shapefile
resulting from the Senate block equivalency file, the Senate shapefile is controlling.
Section 23. Section 
36-1a-105
, which is renumbered from Section 36-1-103.2 is
renumbered and amended to read:
[
36-1-103.2
].
 36-1a-105.
County clerk, Utah Geospatial Resource Center,
and lieutenant governor responsibilities -- Maps and voting precinct boundaries.
(1) As used in this section, "redistricting boundary data" means the Senate shapefile in
the possession of the lieutenant governor's office.
(2) Each county clerk shall obtain a copy of the redistricting boundary data for the
clerk's county from the lieutenant governor's office.
(3) (a) A county clerk may create one or more county maps that identify the boundaries
of Senate districts as generated from the redistricting boundary data.
(b) Before publishing or distributing any map or data created by the county clerk that
identifies the boundaries of Senate districts within the county, the clerk shall submit the county
map and data to the lieutenant governor and to the Utah Geospatial Resource Center for
review.
(c) Within 30 days after receipt of a county map and data from a county clerk, the Utah
Geospatial Resource Center shall:
(i) review the county map and data to evaluate if the county map and data accurately
reflect the boundaries of Senate districts established by the Legislature in the redistricting
boundary data;
(ii) determine whether the county map and data are correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the county map and
data are correct or notify the county clerk that the county map and data are incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the county map
and data submitted are incorrect, the county clerk shall:
(i) make the corrections necessary to conform the county map and data to the
redistricting boundary data; and
(ii) resubmit the corrected county map and data to the lieutenant governor and to the
Utah Geospatial Resource Center for a new review under this Subsection (3).
(4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
establish voting precincts and polling places within each Senate district according to the
procedures and requirements of Section 
20A-5-303
.
(b) Within five working days after approval of voting precincts and polling places by
the county legislative body as required by Section 
20A-5-303
, each county clerk shall submit a
voting precinct map identifying the boundaries of each voting precinct within the county to the
lieutenant governor and to the Utah Geospatial Resource Center for review.
(c) Within 30 days after receipt of a voting precinct map from a county clerk, the Utah
Geospatial Resource Center shall:
(i) review the voting precinct map to evaluate if the voting precinct map accurately
reflects the boundaries of Senate districts established by the Legislature in the redistricting
boundary data;
(ii) determine whether the voting precinct map is correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the voting precinct
map is correct or notify the county clerk that the map is incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the voting
precinct map is incorrect, the county clerk shall:
(i) make the corrections necessary to conform the voting precinct map to the
redistricting boundary data; and
(ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
Utah Geospatial Resource Center for a new review under this Subsection (4).
Section 24. Section 
36-1a-106
, which is renumbered from Section 36-1-104 is
renumbered and amended to read:
[
36-1-104
].
 36-1a-106.
Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a Utah State Senate district in the Senate
shapefile in the possession of the lieutenant governor's office, the county clerk of the affected
county, upon discovery of the omission, shall attach the area to the appropriate Senate district
according to the requirements of Subsections (2) and (3).
(2) If the omitted area is surrounded by a single Senate district, the county clerk shall
attach the area to that district.
(3) If the omitted area is contiguous to two or more Senate districts, the county clerk
shall attach the area to the district that has the least population, as determined by the Utah
Population Committee.
(4) The county clerk shall certify in writing and file with the lieutenant governor any
attachment made under this section.
Section 25. Section 
36-1a-107
, which is renumbered from Section 36-1-105 is
renumbered and amended to read:
[
36-1-105
].
 36-1a-107.
Uncertain boundaries -- How resolved.
(1) As used in this section:
(a) "Affected party" means:
(i) a senator whose Utah State Senate district boundary is uncertain because the feature
used to establish the district boundary in the Senate shapefile has been removed, modified, or is
unable to be identified or who is uncertain about whether the senator or another individual
resides in a particular Senate district;
(ii) a candidate for senator whose Senate district boundary is uncertain because the
feature used to establish the district boundary in the Senate shapefile has been removed,
modified, or is unable to be identified or who is uncertain about whether the candidate or
another individual resides in a particular Senate district; or
(iii) an individual who is uncertain about which Senate district contains the individual's
residence because the feature used to establish the district boundary in the Senate shapefile has
been removed, modified, or is unable to be identified.
(b) "Feature" means a geographic or other tangible or intangible mark such as a road or
political subdivision boundary that is used to establish a Senate district boundary.
(2) (a) An affected party may file a written request petitioning the lieutenant governor
to determine:
(i) the precise location of the Senate district boundary;
(ii) the number of the Senate district in which an individual resides; or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
governor shall review:
(i) the Senate block equivalency file and the resulting Senate shapefile; and
(ii) any other relevant data such as aerial photographs, aerial maps, or other data about
the area.
(c) Within five days after the day on which the lieutenant governor receives the request
described in Subsection (2)(a), the lieutenant governor shall:
(i) complete the review described in Subsection (2)(b); and
(ii) make a determination.
(d) When the lieutenant governor determines the location of the Senate district
boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate Senate district boundary and
attaching a map, if necessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the Utah Geospatial Resource Center created under Section 
63A-16-505
.
(e) If the lieutenant governor determines the number of the Senate district in which a
particular individual resides, the lieutenant governor shall send a letter identifying that district
by number to:
(i) the individual;
(ii) the affected party who filed the petition, if different than the individual whose
Senate district number was identified; and
(iii) the county clerk of the affected county.
Section 26. Section 
36-1a-201
, which is renumbered from Section 36-1-201.1 is
renumbered and amended to read:
Part 2. Utah House of Representatives
[
36-1-201.1
].
 36-1a-201.
Definitions.
As used in this part:
(1) "Census block" means any one of the 71,207 individual geographic areas into
which the Bureau of the Census of the United States Department of Commerce has divided the
state of Utah, to each of which the Bureau of the Census has attached a discrete population
tabulation from the 2020 decennial census.
(2) "House block equivalency file" means the electronic file designated as
HB2005_BEF.txt that assigns each of Utah's 71,207 census blocks to a particular Utah State
House of Representatives district.
(3) "House shapefile" means the electronic shapefile that:
(a) is the resulting projection of the House block equivalency file; and
(b) stores the boundary of each of the 75 Utah House of Representatives districts.
(4) "Shapefile" means the digital vector storage format for storing geometric location
and associated attribute information.
Section 27. Section 
36-1a-202
, which is renumbered from Section 36-1-201.5 is
renumbered and amended to read:
[
36-1-201.5
].
 36-1a-202.
Utah House of Representatives -- House district
boundaries.
(1) The Utah [
State
] House of Representatives shall consist of 75 members, with one
member to be elected from each Utah House of Representative district.
(2) The Legislature adopts the official census population figures and maps of the
Bureau of the Census of the United States Department of Commerce developed in connection
with the taking of the 2020 national decennial census as the official data for establishing House
district boundaries.
(3) (a) The Legislature enacts the district numbers and boundaries of the House of
Representatives districts designated in the House block equivalency file and resulting House
shapefile that is the electronic component of Laws of Utah 2021, Second Special Session,
Chapter 5:
(i) for purposes of nominating and electing members of the Utah State House of
Representatives beginning January 1, 2022; and
(ii) for all other purposes beginning January 1, 2023.
(b) The Legislature shall ensure that the House shapefile, and the legislative boundaries
generated from the House shapefile, are accessible on the Utah Legislature's website.
Section 28. Section 
36-1a-203
, which is renumbered from Section 36-1-202 is
renumbered and amended to read:
[
36-1-202
].
 36-1a-203.
House districts -- Filing -- Legal boundaries.
(1) (a) The Legislature shall file a copy of the House block equivalency file enacted by
the Legislature and the resulting House shapefile with the lieutenant governor's office.
(b) The legal boundaries of House districts are contained in the House shapefile on file
with the lieutenant governor's office.
(2) (a) The lieutenant governor shall:
(i) verify the House block equivalency file that the Legislature files under Subsection
(1) using block equivalency file security code "12aedd41d1bb9feedeee526ed9f74eb2" and the
corresponding House shapefile;
(ii) generate maps of each House district from the House shapefile; and
(iii) ensure that the district maps are available for viewing on the lieutenant governor's
website.
(b) If there is any inconsistency between the district maps and the House shapefile
resulting from the House block equivalency file, the House shapefile is controlling.
Section 29. Section 
36-1a-204
, which is renumbered from Section 36-1-202.2 is
renumbered and amended to read:
[
36-1-202.2
].
 36-1a-204.
County clerk, Utah Geospatial Resource Center,
and lieutenant governor responsibilities -- Maps and voting precinct boundaries.
(1) As used in this section, "redistricting boundary data" means the House shapefile in
the possession of the lieutenant governor's office.
(2) Each county clerk shall obtain a copy of the redistricting boundary data for the
clerk's county from the lieutenant governor's office.
(3) (a) A county clerk may create one or more county maps that identify the boundaries
of House districts as generated from the redistricting boundary data.
(b) Before publishing or distributing any map or data created by the county clerk that
identifies the boundaries of House districts within the county, the clerk shall submit the county
map and data to the lieutenant governor and to the Utah Geospatial Resource Center for
review.
(c) Within 30 days after receipt of a county map and data from a county clerk, the Utah
Geospatial Resource Center shall:
(i) review the county map and data to evaluate if the county map and data accurately
reflect the boundaries of House districts established by the Legislature in the redistricting
boundary data;
(ii) determine whether the county map and data are correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the county map and
data are correct or notify the county clerk that the county map and data are incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the county map
and data submitted are incorrect, the county clerk shall:
(i) make the corrections necessary to conform the county map and data to the
redistricting boundary data; and
(ii) resubmit the corrected county map and data to the lieutenant governor and to the
Utah Geospatial Resource Center for a new review under this Subsection (3).
(4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
establish voting precincts and polling places within each House district according to the
procedures and requirements of Section 
20A-5-303
.
(b) Within five working days after approval of voting precincts and polling places by
the county legislative body as required by Section 
20A-5-303
, each county clerk shall submit a
voting precinct map identifying the boundaries of each voting precinct within the county to the
lieutenant governor and to the Utah Geospatial Resource Center for review.
(c) Within 30 days after receipt of a voting precinct map from a county clerk, the Utah
Geospatial Resource Center shall:
(i) review the voting precinct map to evaluate if the county map accurately reflects the
boundaries of House districts established by the Legislature in the redistricting boundary data;
(ii) determine whether the voting precinct map is correct or incorrect; and
(iii) communicate those findings to the lieutenant governor.
(d) The lieutenant governor shall either notify the county clerk that the voting precinct
map is correct or notify the county clerk that the voting precinct map is incorrect.
(e) If the county clerk receives notice from the lieutenant governor that the voting
precinct map is incorrect, the county clerk shall:
(i) make the corrections necessary to conform the voting precinct map to the
redistricting boundary data; and
(ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
Utah Geospatial Resource Center for a new review under this Subsection (4).
Section 30. Section 
36-1a-205
, which is renumbered from Section 36-1-203 is
renumbered and amended to read:
[
36-1-203
].
 36-1a-205.
Omissions from maps -- How resolved.
(1) If any area of the state is omitted from a Utah State House of Representatives
district in the House shapefile in the possession of the lieutenant governor's office, the county
clerk of the affected county, upon discovery of the omission, shall attach the area to the
appropriate House district according to the requirements of Subsections (2) and (3).
(2) If the omitted area is surrounded by a single House district, the county clerk shall
attach the area to that district.
(3) If the omitted area is contiguous to two or more House districts, the county clerk
shall attach the area to the district that has the least population, as determined by the Utah
Population Committee.
(4) The county clerk shall certify in writing and file with the lieutenant governor any
attachment made under this section.
Section 31. Section 
36-1a-206
, which is renumbered from Section 36-1-204 is
renumbered and amended to read:
[
36-1-204
].
 36-1a-206.
Uncertain boundaries -- How resolved.
(1) As used in this section:
(a) "Affected party" means:
(i) a representative whose Utah State House of Representatives district boundary is
uncertain because the feature used to establish the district boundary in the House shapefile has
been removed, modified, or is unable to be identified or who is uncertain about whether the
representative or another individual resides in a particular House district;
(ii) a candidate for representative whose House district boundary is uncertain because
the feature used to establish the district boundary in the House shapefile has been removed,
modified, or is unable to be identified or who is uncertain about whether the candidate or
another individual resides in a particular House district; or
(iii) an individual who is uncertain about which House district contains the individual's
residence because the feature used to establish the district boundary in the House shapefile has
been removed, modified, or is unable to be identified.
(b) "Feature" means a geographic or other identifiable tangible or intangible object
such as a road or political subdivision boundary that is used to establish a House district
boundary.
(2) (a) An affected party may file a written request petitioning the lieutenant governor
to determine:
(i) the precise location of the House district boundary;
(ii) the number of the House district in which an individual resides; or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
governor shall review:
(i) the House block equivalency file and the resulting House shapefile; and
(ii) any other relevant data such as aerial photographs, aerial maps, or other data about
the area.
(c) Within five days of receipt of the request, the lieutenant governor shall:
(i) complete the review described in Subsection (2)(b); and
(ii) make a determination.
(d) When the lieutenant governor determines the location of the House district
boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate House district boundary and
attaching a map, if necessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the Utah Geospatial Resource Center created under Section 
63A-16-505
.
(e) If the lieutenant governor determines the number of the House district in which a
particular individual resides, the lieutenant governor shall send a letter identifying that district
by number to:
(i) the individual;
(ii) the affected party who filed the petition, if different than the individual whose
House district number was identified; and
(iii) the county clerk of the affected county.
Section 32. Section 
36-2a-101
, which is renumbered from Section 36-3-201 is
renumbered and amended to read:
CHAPTER 2a. PROVISIONS GOVERNING THE LEGISLATURE GENERALLY
Part 1. General Provisions
[
36-3-201
].
 36-2a-101.
 Beginning date of annual general session.
The annual general session of the Legislature shall begin the first Tuesday after the
third Monday in January.
Section 33. Section 
36-2a-102
, which is renumbered from Section 36-3-301 is
renumbered and amended to read:
[
36-3-301
].
 36-2a-102.
Enacting clause.
(1) The enacting clause of every law passed by the Legislature shall be: "Be it enacted
by the Legislature of the state of Utah."
(2) The enacting clause of every law passed by the vote of the people as provided in
Article VI, Section 1, of the Constitution of Utah shall be: "Be it enacted by the People of the
state of Utah."
Section 34. Section 
36-2a-103
, which is renumbered from Section 36-3-306 is
renumbered and amended to read:
[
36-3-306
].
 36-2a-103.
Enrolling of bills.
[
All bills ordered enrolled by the Legislature shall be delivered to the Office of
Legislative Research and General Counsel, who shall without delay enroll the bills and
]
(1) Except as provided in Subsection (1)(b), the Senate and the House of
Representatives shall:
(a) deliver each bill passed by the Legislature to the Office of Legislative Research and
General Counsel; and
(b) deliver each appropriation bill to the Office of the Legislative Fiscal Analyst.
(2) The Office of Legislative Research and General Counsel and the Office of the
Legislative Fiscal Analyst shall:
(a) enroll the bills submitted to them; and
(b)
 return [
them
] 
the bills
 to the secretary of the Senate or chief clerk of the House of
Representatives 
to be submitted to the governor
.
Section 35. Section 
36-2a-104
 is enacted to read:
 36-2a-104.
State government entities to provide records.
Each department, division, commission, agency, or other instrumentality of state
government shall, upon request, furnish to all the legislative committees and subcommittees
and legislative staff any document, reports, or information available within the department.
Section 36. Section 
36-2a-105
, which is renumbered from Section 36-12-17 is
renumbered and amended to read:
[
36-12-17
].
 36-2a-105.
Duties of the President of the Senate and the Speaker of
the House of Representatives.
[
(1) It shall be the duty of the presiding officer and the majority and minority leaders of
each house to perform the following for their respective house:
]
(1) The president of the Senate and the speaker of the House of Representatives shall:
(a) [
to
] 
subject to Section 
36-2a-401
,
 manage legislative space for their [
house
]
chamber
 within the state capitol;
(b) [
to
] acquire, manage, and supervise office equipment and machines, data
processing equipment, public address equipment, and other equipment and facilities needed by
their [
house
] 
chamber, members,
 and [
its
] committees, exclusive of equipment and facilities
required by [
professional
] 
nonpartisan
 legislative staff;
[
(c) to employ, train, and supervise clerical help needed to serve all interim committees
and the Legislative Management Committee, except clerical help employed to assist
professional legislative staff;
]
[
(d) to
] 
(c)
 supervise payment of per diem compensation and travel expenses of the
members of their [
house while in session
] 
chamber
; [
and
]
[
(e) to
] 
(d) review and determine whether to
 approve requests by members of their
[
house
] 
chamber
 for out-of-state travel on legislative business and [
to supervise
] 
provide for
the reimbursement of [
actual and necessary expenses for such travel.
] 
those approved expenses;
and
(e) set salary ranges and pay rates for full and part-time employees of the Senate and
the House of Representatives, the president of the Senate for senate employees and the speaker
of the House of Representatives for house employees.
(2) The speaker of the House of Representatives and the president of the Senate may
[
perform additional services for legislators, including but not limited to the following
]:
[
(a) to
] 
(a)
 provide [
at the state capitol secretarial services
] 
administrative assistance
 to
all legislators of their [
house requesting assistance with files and correspondence
] 
chamber
when that administrative assistance is
 directly related to legislative business; [
at the discretion
of the minority political party, a secretary may be designated by the minority party; and
]
[
(b) to serve as an information source to the public in informing the citizenry of matters
currently before the Legislature and its committees and to
]
(b) provide information to the public and the media about the activities of the
Legislature; and
(c)
 prepare and distribute material to instruct the general public on the functions and
operation of the Legislature.
(3) [
By agreement between
] 
If
 the speaker of the House of Representatives and 
the
president of the Senate 
agree
, any of the duties assigned to them by this section may be
administered jointly for the two [
houses
] 
chambers
 by the [
chairman
] 
chair
 of the Legislative
Management Committee.
[
(4) The chairman of the Legislative Management Committee shall supervise the
payment of per diem compensation and in-state travel expenses of members of the Legislative
Management Committee and all interim committees.
]
Section 37. Section 
36-2a-106
, which is renumbered from Section 36-12-21 is
renumbered and amended to read:
[
36-12-21
].
 36-2a-106.
Legislators serving in organizations without legislative
sanction -- Prohibited participation.
[
(1) The Legislative IT Steering Committee created by the Legislative Management
Committee on July 17, 2007, is dissolved.
]
[
(2)
] 
(1)
 (a) Except as provided in Subsection (2)[
(b): (i)
]
,
 a legislator may not serve
on:
[
(A)
] 
(i)
 the Committee on Children and Family Law created under Judicial Rule
1-205;
[
(B)
] 
(ii)
 the Governor's Child and Family Cabinet Council created under Executive
Order 2007-0005;
[
(C)
] 
(iii)
 the Utah Commission on Literacy created under Executive Order 2004-0011;
[
(D)
] 
(iv)
 the Utah Developmental Disabilities Council created under Executive Order
2006-0001; or
[
(E)
] 
(v)
 the Utah Multicultural Commission created under Executive Order
EO/007/2013; and
[
(ii)
] 
(b)
 the speaker of the House of Representatives or the president of the Senate may
not appoint a legislator, and a legislator may not serve in the legislator's capacity as a legislator,
on the Utah Lake Commission.
[
(b)
] 
(2)
 The Legislative Management Committee may, on a case-by-case basis,
approve:
[
(i)
] 
(a)
 a legislator to serve on an entity described in Subsection [
(2)(a)(i)
] 
(1)(a)
; or
[
(ii)
] 
(b)
 an action that is otherwise prohibited under Subsection [
(2)(a)(ii)
] 
(1)(b)
.
Section 38. Section 
36-2a-107
, which is renumbered from Section 36-19-1 is
renumbered and amended to read:
[
36-19-1
].
 36-2a-107.
Conflict of interest -- Prohibition of benefit.
(1) A legislator, 
a
 member of [
his
] 
the legislator's
 household, or 
a
 client [
shall not be
]
commits procurement conflict of interest if the legislator, household member, or client is
 a
party to
,
 or [
have
] 
has
 an interest in the profits or benefits of
,
 a state contract when the state
contract is the direct result of a bill [
sponsored by the
] 
for which the
 legislator 
was the lead
sponsor or opposite chamber sponsor
 unless
:
(a)
 the contract is let in compliance with 
Title 63G, Chapter 6a, Utah Procurement
Code and
 state procurement policies
;
 and [
is open to the general public.
]
(b) is classified as public under Title 63G, Chapter 2, Government Records Access and
Management Act.
(2) [
Any person violating this section shall be guilty of
] 
A violation of Subsection (1)
is
 a class B misdemeanor.
Section 39. Section 
36-2a-108
, which is renumbered from Section 36-12-9.5 is
renumbered and amended to read:
[
36-12-9.5
].
 36-2a-108.
Obstructing a legislative proceeding.
(1) As used in this section, "legislative proceeding" means an investigation or audit
conducted by:
(a) the Legislature, or a house, committee, subcommittee, or task force of the
Legislature; or
(b) an employee or independent contractor of an entity described in Subsection (1)(a),
acting
 at or under the direction of an entity described in Subsection (1)(a).
(2) Except as described in Subsection (3), [
a person is guilty of a class A
misdemeanor
] 
an actor commits obstruction of a legislative proceeding
 if the person, with
intent to hinder, delay, or prevent a legislative proceeding:
(a) provides a person with a weapon;
(b) prevents a person, by force, intimidation, or deception, from performing any act
that might aid the legislative proceeding;
(c) alters, destroys, conceals, or removes any item or other thing;
(d) makes, presents, or uses an item, document, or thing known by the person to be
false;
(e) makes a false material statement, not under oath, to:
(i) the Legislature, or a house, committee, subcommittee, or task force of the
Legislature; or
(ii) an employee or independent contractor of an entity described in Subsection
(2)(e)(i);
(f) harbors or conceals a person;
(g) provides a person with transportation, disguise, or other means of avoiding
discovery or service of process;
(h) warns any person of impending discovery or service of process;
(i) conceals an item, information, document, or thing that is not privileged after a
legislative subpoena is issued for the item, information, document, or thing; or
(j) provides false information regarding a witness or a material aspect of the legislative
proceeding.
(3) Subsection (2) does not include:
(a) false or inconsistent material statements, as described in Section 
76-8-502
;
(b) tampering with a witness or soliciting or receiving a bribe, as described in Section
76-8-508
;
(c) retaliation against a witness, victim, or informant, as described in Section
76-8-508.3
; or
(d) extortion or bribery to dismiss a criminal proceeding, as described in Section
76-8-509
.
(4) A violation of this section is a class A misdemeanor.
Section 40. Section 
36-2a-201
, which is renumbered from Section 36-27-102 is
renumbered and amended to read:
Part 2. Legislature's Counsel to United States Senators
[
36-27-102
].
 36-2a-201.
Legislative counsel to United States Senators.
(1) The Legislature may provide counsel to United States senators representing Utah.
(2) The Legislature may request that United States senators representing Utah provide a
single response or periodic reports to the Legislature on:
(a) each senator's progress with or response to the counsel given under Subsection (1);
or
(b) other issues as determined by the Legislature.
Section 41. Section 
36-2a-202
, which is renumbered from Section 36-27-103 is
renumbered and amended to read:
[
36-27-103
].
 36-2a-202.
Resolution of the Legislature -- Written
statement.
(1) The Legislature may provide any counsel or reporting requests under Section
[
36-27-102
] 
36-2a-201
 by:
(a) passing a joint resolution of the Legislature; or
(b) issuing a written statement that contains the signatures of a majority of the
members of the House and a majority of the members of the Senate.
(2) A written statement under Subsection (1)(b) shall be referred to as "The
Legislature's Counsel to United States Senators Representing Utah."
Section 42. Section 
36-2a-203
, which is renumbered from Section 36-27-104 is
renumbered and amended to read:
[
36-27-104
].
 36-2a-203.
Issuance of resolution or written statement --
Reporting requirements.
(1) [
(a) Any
] 
The president of the Utah Senate and the speaker of the Utah House of
Representatives shall ensure that a copy of the
 resolution or written statement [
that is
] issued
under this chapter [
shall be
] 
is
 sent to
:
(a)
 each United States senator representing Utah[
.
]
; and
[
(b) A copy of any resolution or written statement that is issued under this chapter shall
be sent to each representative from the state serving in Congress.
]
[
(2) Each resolution or written statement issued under this chapter shall specify that a
United States senator shall provide the following to the Office of Legislative Research and
General Counsel when submitting a report in response to a resolution or written statement:
]
(b) each representative from Utah serving in the United States House of
Representatives.
(2) In drafting a resolution or written statement under this chapter, the Office of
Legislative Research and General Counsel shall ensure that the resolution or statement requires
that:
(a) each United States senator provide a written response to the resolution or statement;
and
(b) the response contain:
[
(a)
] 
(i)
 prior notice of any verbal response or report; or
[
(b)
] 
(ii)
 a copy of any written response or report.
(3) The Office of Legislative Research and General Counsel shall maintain a record of:
(a) any resolution or written statement issued under this chapter; and
(b) each response and report provided to the Legislature by a United States senator in
response to a resolution or written statement issued under this chapter.
Section 43. Section 
36-2a-301
 is enacted to read:
Part 3. Salary and Expenses of Legislators
 36-2a-301.
Definitions.
As used in this part, "salary" means the amount paid to compensate a legislator for the
annual general session, a veto-override session, a special session, or an authorized legislative
meeting.
Section 44. Section 
36-2a-302
, which is renumbered from Section 36-2-4 is
renumbered and amended to read:
[
36-2-4
].
 36-2a-302.
Legislative Compensation Commission created --
Governor's considerations in appointments -- Organization and expenses.
(1) There is created a [
state
] Legislative Compensation Commission composed of
seven members appointed by the governor, not more than four of whom shall be from the same
political party.
(2) (a) Except as required by Subsection (2)(b), the members shall be appointed for
four-year terms.
(b) [
Notwithstanding the requirements of Subsection (2)(a), the
] 
The
 governor shall, at
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the vacated member was chosen.
(3) 
(a)
 In appointing members of the commission, the governor shall give consideration
to achieving representation from the major geographic areas of the state, and representation
from a broad cross section of occupational, professional, employee, and management interests.
(b) The governor may not appoint an officer, member, or employee of the legislative,
executive, or judicial branches to serve as a member of the commission.
(4) 
(a)
 The commission shall select a chair.
(b)
 Four members of the commission [
shall constitute
] 
are
 a quorum.
(c)
 The commission [
shall
] 
may
 not make any final determination without the
concurrence of a majority of the commission's members appointed and serving on the
commission being present.
(5) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
[
(6) (a) The commission shall be a citizen commission and no member or employee of
the legislative, judicial, or executive branch is eligible for appointment to the commission.
]
[
(b)
] 
(6)
 The executive director of the Governor's Office of Planning and Budget 
shall
provide
:
[
(i) shall provide
]
(a)
 staff to the commission; and
[
(ii) is responsible for
]
(b)
 administration, budgeting, procurement, and related management functions [
for
] 
to
the commission.
Section 45. Section 
36-2a-303
, which is renumbered from Section 36-2-5 is
renumbered and amended to read:
[
36-2-5
].
 36-2a-303.
Duties of Legislative Compensation Commission.
(1) 
(a)
 The Legislative Compensation Commission shall:
[
(a)
] 
(i)
 study and [
formulate
] 
make salary
 recommendations [
concerning the salary
levels
] for Utah state legislators;
[
(b)
] 
(ii)
 base the study and recommendations upon maintaining a citizen Legislature in
Utah, but compensating members fairly for their service in order that all individuals [
would
]
may
 have an opportunity to serve;
[
(c)
] 
(iii)
 in developing recommendations, consider the salaries of other similar state
legislators and other [
such
] 
relevant
 factors; and
[
(d)
] 
(iv)
 submit to each member of the Legislature, [
by
] 
on or before
 January [
2nd
] 
of each even-numbered year, recommendations[
: (i)
] concerning changes, if any, [
which
] 
that
should be made in the salary plan and [
its
] 
the plan's
 administration for state legislators[
; and
]
.
[
(ii) include a recitation of the provisions of Section 
36-2-3
.
]
(b) The Legislative Compensation Commission shall set the salary rate at either:
(i) a daily rate for each calendar day of the annual general session and for each day a
legislator attends a veto-override session, special session, or other authorized legislative
meeting; or
(ii) an annual rate that provides total compensation for the annual general session,
special sessions, veto-override sessions, and authorized legislative meetings.
(c) In preparing the commission's recommendations, the commission may recommend
salary amounts that provide alternative salary amounts based upon the occurrence of various
contingencies.
(2) (a) The Legislative Compensation Commission shall set the salary for a member of
the State Board of Education at the same rate as the salary the commission sets for the
Legislature.
(b) If the commission chooses to set a daily rate for each legislator's salary, the
commission shall set a daily rate for each member of the State Board of Education that counts
each meeting of the State Board of Education, and any other meeting authorized by the State
Board of Education that board members attend, as equivalent to an annual general session
calendar day.
[
(2)
] 
(3)
 The Legislative Compensation Commission may issue reports subsequent to
January 2 of an even-numbered year containing revised salary recommendations, including
salary recommendations contingent upon certain action being taken by the Legislature.
[
(3) As provided in Subsection 
36-2-3
(1)(c), in formulating its recommendations, the
commission may take into account
]
(4) The Legislative Compensation Commission may, in formulating recommendations,
consider
 the amounts received by legislators for legislative expenses, but may not review 
or
comment in the recommendations on
 the propriety of, or recommend amounts for, legislative
expenses.
Section 46. Section 
36-2a-304
, which is renumbered from Section 36-2-3 is
renumbered and amended to read:
[
36-2-3
].
 36-2a-304.
Salaries of members set by Legislature and State Board
of Education based on recommendations of Legislative Compensation Commission.
(1) [
(a)
] Except as provided in Subsection (2) or (3), [
the salaries of members of the
Legislature shall automatically be set
] 
each member of the Legislature and each member of the
State Board of Education shall receive a salary set automatically
 beginning January 1 of each
odd-numbered year at the amount recommended by the Legislative Compensation Commission
in the last report issued by the commission in the preceding even-numbered year.
[
(b) This salary recommendation shall be based on either:
]
[
(i) a daily basis:
]
[
(A) for each calendar day for annual general sessions; and
]
[
(B) for each day a legislator attends veto-override and special sessions and other
authorized legislative meetings; or
]
[
(ii) an annualized salary.
]
[
(c) In preparing its report, the commission may recommend salary amounts that:
]
[
(i) take into account the amounts received by legislators for legislative expenses; and
]
[
(ii) provide alternative salary amounts based upon the occurrence of various
contingencies.
]
(2) (a) During an even-numbered annual general session or special session in the year
immediately [
preceding
] 
before
 the effective date of any salary change, the Legislature may
reject or decrease the salary recommendation, but may not increase the salary recommendation.
(b) If the Legislature does not act as provided in Subsection (2)(a), they have by law
accepted the Legislative Compensation Commission's recommendations contained in the last
report issued by the commission in the preceding even-numbered year.
(3) If the last report issued by the commission in an even-numbered year recommends a
salary contingent upon certain action being taken by the Legislature, that contingent legislative
salary:
(a) takes effect on the day after the day that the contingent action is taken by the
Legislature; and
(b) supersedes any other salary in effect as of January 1.
(4) (a) The salary for a member of the State Board of Education [
shall be
] 
is
:
(i) the same as the salary for a member of the Legislature; and
(ii) except as provided in Subsection (4)(b), set in accordance with this section [
and
Subsection 
36-2-2
(1)
].
(b) For purposes of setting the salary for a member of the State Board of Education:
(i) a calendar day for the annual general session [
described in Subsection (1)(b)(i)(A)
]
is interpreted as a calendar day of:
(A) a meeting of the State Board of Education; and
(B) any other meeting authorized by the State Board of Education; and
(ii) unless the Legislative Compensation Commission issues a revised report on or after
July 1, 2016, the salary for a member of the State Board of Education through calendar year
2016 is $273 per day for each calendar day that a member attends a meeting described in
Subsection (4)(b)(i)(A) or (B).
Section 47. Section 
36-2a-401
, which is renumbered from Section 36-5-1 is
renumbered and amended to read:
Part 4. Legislative Area on Capitol Hill
[
36-5-1
].
 36-2a-401.
Reservation of area for Legislature -- Duties of
Legislative Management Committee.
(1) As used in this section:
(a) "Architectural integrity" means the architectural elements, materials, color, and
quality of the original building construction.
(b) "Capitol hill" means the grounds, monuments, parking areas, buildings, and other
man-made and natural objects within the area bounded by 300 North Street, Columbus Street,
500 North Street, and East Capitol Boulevard, and includes:
(i) the White Community Memorial Chapel and its grounds and parking areas, and the
Council Hall Travel Information Center building and its grounds and parking areas;
(ii) the Daughters of the Utah Pioneers building and its grounds and parking areas and
other state-owned property included within the area bounded by Columbus Street, North Main
Street, and Apricot Avenue;
(iii) the state-owned property included within the area bounded by Columbus Street,
Wall Street, and 400 North Street; and
(iv) the state-owned property included within the area bounded by Columbus Street,
West Capitol Street, and 500 North Street.
(c) "House Building" means the west building on capitol hill that is located northwest
of the State Capitol [
and southwest of the State Office Building
].
(d) "Legislative area" means the buildings, chambers, rooms, hallways, lounges,
parking lots, and parking garages designated by this section as being subject to legislative
control.
(e) "Senate Building" means the east building on capitol hill that is located northeast of
the State Capitol [
and southeast of the State Office Building
].
(f) "State Capitol" means the building dedicated as the Utah State Capitol in 1916.
(g) "State Capitol Preservation Board" or "board" is as created in Section 
63C-9-201
.
(2) The legislative area on capitol hill includes:
(a) in the State Capitol:
(i) on the fourth floor: the entire floor and the stairs and elevators on the east and west
side, except 
that
 the four art galleries and the four closets on the interior of the State Capitol
which are immediately around the art galleries are under the supervision of the board;
(ii) on the third floor: the entire floor, including the stairs and elevators on the east and
west side of the third floor, except[
: (A)
] the Supreme Court chambers
,
 which is to be
controlled and scheduled by the Legislature during any general or special session of the
Legislature and on interim days and controlled and scheduled by the Secretary of the Senate on
all other days; 
and
[
(B) one office on the southeast side by the Senate Rules Room which is to be
controlled by the Senate during any general or special session of the Legislature and on interim
days, and shared with the Supreme Court as scheduled through the Secretary of the Senate on
all other days; and
]
[
(C) the Senate Rules Room, which Senate Rules Room is to be controlled by the
Senate during any general or special session of the Legislature and on interim days, and shared
with the Supreme Court as scheduled through the Secretary of the Senate on all other days;
]
(iii) on the second floor: a committee room on the northeast side which is to be
controlled and scheduled by the Legislature during any general or special session of the
Legislature and on interim days and controlled and scheduled by the State Capitol Preservation
Board on all other days;
(iv) on the first floor: no legislative space; and
(v) on the basement level:
[
(A) the Office of Legislative Printing; and
]
(A) the space occupied by Legislative Printing, legislative administrative and financial
support, and legislative human resources;
(B) the space occupied by legislative information technology services;
[
(B)
] 
(C)
 the audio/video control rooms are to be controlled by the Legislature and the
governor and scheduled by the Legislature, and the maintenance of the control rooms shall be
by the State Capitol Preservation Board at the direction of the Legislature and the governor;
and
(D) during any general or special session, space allocated for use by House of
Representatives and Senate security staff;
(b) the entire House Building;
(c) in the Senate Building:
(i) on the third floor: no legislative space;
(ii) on the second floor: the entire floor, including the secured elevator, is legislative
space;
(iii) on the first floor: the secured corridor to the secured elevator is legislative and
executive space controlled by the State Capitol Preservation Board; and
(iv) on the basement level: the secured elevator is legislative space; and
(d) (i) the parking stalls in the underground parking facility located directly east of the
House Building and below the central plaza;
(ii) 52 of the parking stalls in the above ground parking lot known as Lot G located
north of the House Building and west of the State Office Building;
(iii) 26 of the parking stalls in the underground parking located directly under the
Senate Building; and
(iv) 58 of the parking stalls in the underground parking facility directly east of the
Senate Building.
(3) (a) The legislative area is reserved for the use and occupancy of the Legislature and
its committees and for legislative functions.
(b) The Legislative Management Committee shall delegate oversight of designated
portions of the legislative parking areas to the State Capitol Preservation Board for use by the
executive branch on nonlegislative days.
(4) The data centers in the House Building, Senate Building, and State Capitol which
are associated with the House, Senate, or legislative staff space are the responsibility of the
Legislature, and the maintenance of these data centers shall be by the State Capitol
Preservation Board at the direction of the Legislature.
(5) The Legislative Management Committee shall exercise complete jurisdiction over
the legislative area, except for the following, which are the responsibility of the State Capitol
Preservation Board:
(a) the architectural integrity of the legislative area, including:
(i) restored historic architectural or design features;
(ii) historic color schemes, decorative finishes, and stenciling;
(iii) decorative light fixtures; and
(iv) flooring;
(b) control of the central mechanical and electrical core of the House Building, Senate
Building, and State Capitol on all floors;
(c) control of the enclosure of the House Building, Senate Building, and State Capitol
from the exterior of the building to the interior of the exterior wall;
(d) the roof of the House Building, Senate Building, and State Capitol;
(e) the utility and security tunnels between the underground parking structure and the
House Building, Senate Building, and State Capitol;
(f) rest rooms of the House Building, Senate Building, and State Capitol;
(g) maintenance of all the elevators and stairways in the House Building, Senate
Building, and State Capitol; and
(h) those functions the Legislative Management Committee delegates in writing to be
performed by the State Capitol Preservation Board.
(6) (a) The communications centers in the Senate Building and State Capitol which are
associated with the House, Senate, or legislative staff space or are associated with the governor,
lieutenant governor, or their staff space are the shared responsibility of the State Capitol
Preservation Board, the Legislature, and the governor.
(b) The communications centers in the House Building which are associated with the
House, Senate, or legislative staff space are the shared responsibility of the State Capitol
Preservation Board and the Legislature.
Section 48. Section 
36-2a-501
, which is renumbered from Section 36-12-19 is
renumbered and amended to read:
Part 5. Legislature's Power to Investigate
[
36-12-19
].
 36-2a-501.
Investigatory powers of the Legislature.
In the discharge of its legislative investigatory powers, the Legislature, [
or either house
]
either chamber,
 or any 
legislative
 committee [
thereof,
] may:
(1) administer oaths; and
(2) issue subpoenas, compel the attendance of witnesses and the production of any
papers, books, accounts, documents, other tangible things, and testimony, by following the
procedures contained in Title 36, [
Chapter 14, Legislative Subpoena Powers
] 
Chapter 5a,
Legislative Subpoenas
.
Section 49. Section 
36-3a-101
, which is renumbered from Section 36-12-1 is
renumbered and amended to read:
CHAPTER 3a. LEGISLATIVE ORGANIZATION
Part 1. General Provisions
[
36-12-1
].
 36-3a-101.
Definitions.
As used in this chapter:
(1) [
(a)
] "Interim [
committees
] 
committee
" means [
legislative committees that are
] 
a
joint committee
 formed from the membership of each [
house
] 
chamber
 to function between
sessions of the Legislature in order to study subjects of legislative concern.
[
(b) "Interim committees" includes a commission, committee, council, task force,
board, or panel, in which legislative participation is required by law, which committee
functions between sessions of the Legislature.
]
(2) "Legislative director" means the director of the Office of Legislative Research and
General Counsel, the legislative fiscal analyst, or the legislative auditor general.
[
(3) "Major political party" means either of the two political parties having the greatest
number of members elected to the two houses of the Legislature.
]
(3) "Legislative services" means legislative employees performing functions in the
human resources area, the information technology services area, the financial and
administrative support areas, and Legislative Printing.
(4) "Majority Caucus" means the registered political party as defined in Subsection
20A-8-101
(4) that has the most members in a chamber of the Legislature.
[
(4) "Professional
] 
(5) Nonpartisan
 legislative staff" means the [
legislative directors
and the members of their staffs
] 
employees of the Office of Legislative Research and General
Counsel, the Office of the Legislative Fiscal Analyst, the Office of the Legislative Auditor
General, and Legislative Services
.
[
(5)
] 
(6) (a)
 "Standing committees" means legislative committees organized under the
rules of each [
house
] 
chamber
 of the Legislature [
for the duration of the legislative biennial
term
] to consider proposed legislation[
. As used in this chapter, "standing
] 
during an annual
general or special session of the Legislature.
(b) "Standing
 committees" [
excludes
] 
does not mean
 appropriations committees,
appropriations subcommittees, [
and
] 
or
 rules committees.
Section 50. Section 
36-3a-102
, which is renumbered from Section 36-12-3 is
renumbered and amended to read:
[
36-12-3
].
 36-3a-102.
Standing and Interim Committees -- Membership --
Purpose -- Meetings and rules.
(1) Before the beginning of each annual general session of the Legislature, the
Legislature shall, as provided in legislative rules, organize itself into standing committees for
the consideration of proposed legislation.
[
(1)
] 
(2) (a)
 There are [
hereby
] created interim committees of the Legislature consisting
of the members of each [
house
] 
chamber
.
(b)
 The speaker of the House of Representatives shall appoint the members from the
House of Representatives and the president of the Senate shall appoint the members from the
Senate, each taking into consideration suggestions from the minority party in their respective
house.
[
(2) The purpose of the committees is to
]
(c) Each interim committee shall
 investigate and study matters of legislative concern in
the interval between general legislative sessions.
[
(3) The interim committees shall meet after adjournment sine die of each general
session to organize and to plan study programs. Each
]
(d) Each interim
 committee shall operate under rules established by the Legislature.
(3) Nothing in this section prohibits the creation of subcommittees, special committees,
or ad hoc committees.
Section 51. Section 
36-3a-201
, which is renumbered from Section 36-12-6 is
renumbered and amended to read:
Part 2. Legislative Management Committee
[
36-12-6
].
 36-3a-201.
Legislative Management Committee -- Membership --
Chair and vice-chair -- Meetings -- Quorum.
(1) 
(a)
 There [
are hereby
] 
is
 established 
the Legislative Management Committee
 as 
a
permanent [
committees
] 
committee
 of the Legislature
.
 [
a House Management Committee and a
Senate Management Committee. The House Management Committee shall consist of eight
members of the House of Representatives, four from each major political party. The
membership shall include the elected leadership of the House of Representatives and additional
members chosen at the beginning of each annual general session by the minority party caucus
as needed to complete the full membership. The chair of the committee shall be the speaker of
the House of Representatives or the speaker's designee. The Senate Management Committee
shall consist of eight members of the Senate, four from each major political party. The
membership shall include the elected leadership of the Senate and additional members chosen
at the beginning of each annual general session by the appropriate party caucus as needed to
complete the full membership. The chair of the committee shall be the president of the Senate
or the president's designee.
]
[
(2) (a) There is established a permanent committee of the Legislature known as the
Legislative Management Committee.
]
[
(b) The committee shall consist of:
]
[
(i) the members of the House Management Committee; and
]
[
(ii) the members of the Senate Management Committee.
]
(b) The Legislative Management Committee membership is:
(i) the president of the Senate, elected by the Senate;
(ii) the majority leader of the Senate, elected by the majority caucus;
(iii) the majority whip of the Senate, elected by the majority caucus;
(iv) the assistant majority whip of the Senate, elected by the majority caucus;
(v) the minority leader of the Senate, elected by the minority caucus;
(vi) the minority whip of the Senate, elected by the minority caucus;
(vii) the assistant minority whip of the Senate, elected by the minority caucus;
(viii) an additional member from the Senate minority, elected by the minority caucus;
(ix) the speaker of the House of Representatives, elected by the House of
Representatives;
(x) the majority leader of the House of Representatives, elected by the majority caucus;
(xi) the majority whip of the House of Representatives, elected by the majority caucus;
(xii) the assistant majority whip of the House of Representatives, elected by the
majority caucus;
(xiii) the minority leader of the House of Representatives, elected by the minority
caucus;
(xiv) the minority whip of the House of Representatives, elected by the minority
caucus;
(xv) the assistant minority whip of the House of Representatives, elected by the
minority caucus; and
(xvi) an additional member from the House of Representatives minority party, elected
by the minority caucus.
[
(c)
] 
(2) (a)
 (i) The president of the Senate [
or the president's designee shall be
] 
is
 chair
during [
] 
each odd-numbered year
, and the speaker of the House of Representatives [
or the
speaker's designee shall be
] 
is
 vice-chair of the committee during that year.
[
(ii) The positions of chair and vice-chair of the Legislative Management Committee
shall rotate annually between these two officers in succeeding years.
]
(ii) The speaker of the House of Representatives is chair during each even-numbered
year, and the president of the Senate is vice-chair of the committee during that year.
[
(d)
] 
(b)
 The committee shall meet as often as is necessary to perform its duties[
, but
not less than once each quarter
].
[
(e)
] 
(c)
 If any vote of the committee results in a tie, the president of the Senate and
speaker of the House of Representatives may together cast an additional vote to break the tie.
[
(3) If a legislator declines membership on the committees established by this section,
or if a vacancy occurs, a replacement shall be chosen by the leadership of the appropriate party
of the house in which the vacancy occurs.
]
[
(4) The committees established by this section shall meet not later than 60 days after
the adjournment sine die of the annual general session held in even-numbered years and not
later than 30 days after the adjournment sine die of the annual general session held in
odd-numbered years for the purpose of effecting their organization and prescribing rules and
policies pertaining to their respective powers and duties. A majority of the members of each
committee constitutes a quorum, and a majority of a quorum has authority to act in any matter
falling within the jurisdiction of the committee.
]
(3) A quorum of the Legislative Management Committee is at least 50% of the
appointed members from one chamber and more than 50% of the appointed members from the
other chamber, subject to the requirements in JR3-2-404.
(4) A majority vote of the Legislative Management Committee is at least 50% of a
quorum from one chamber and more than 50% of a quorum from the other chamber.
Section 52. Section 
36-3a-202
, which is renumbered from Section 36-12-7 is
renumbered and amended to read:
[
36-12-7
].
 36-3a-202.
Legislative Management Committee -- Duties --
Litigation.
[
(1) The Senate or House Management Committee shall:
]
[
(a) receive legislative resolutions directing studies on legislative matters and may
assign these studies to the appropriate interim committee of its house;
]
[
(b) assign to interim committees of the same house, matters of legislative study not
specifically contained in a legislative resolution but considered significant to the welfare of the
state;
]
[
(c) receive requests from interim committees of its house for matters to be included on
the study agenda of the requesting committee. Appropriate bases for denying a study include
inadequate funding to properly complete the study or duplication of the work;
]
[
(d) establish a budget account for interim committee day as designated by Legislative
Management Committee and for all other legislative committees of its house and allocate to
that account sufficient funds to adequately provide for the work of the committee; and
]
(1) (a) The Legislative Management Committee shall:
(i) assign matters for legislative study to interim committees;
(ii) receive, and approve or reject, requests from interim committees to study other
matters within the jurisdiction of the interim committee;
[
(e)
] 
(iii)
 designate the time and place for periodic meetings of the interim
committees[
.
]
;
(iv) declare which of the committees, task forces, and other groups on which legislators
serve qualify as "authorized legislative meetings" for which legislators may receive per diem;
and
(v) consider requests from interim committees for extra meetings, meetings away from
the capitol, or field trips and approve, approve and modify, or deny those requests.
[
(2) To maximize the use of legislators' available time, the Senate and House
Management Committees should attempt to schedule the
]
(b) The Legislative Management Committee shall schedule interim
 committee
meetings [
of their respective houses
] during the same one or two-day period each month. [
This
does not preclude an interim committee from meeting at any time it determines necessary to
complete its business.
]
[
(3)
] 
(2) (a)
 The Legislative Management Committee shall[
: (a)
] employ, 
without
regard to political affiliation, and subject to approval of a majority vote of both chambers, and
after recommendation [
of the appropriate
] 
from a
 subcommittee of the Legislative Management
Committee, [
without regard to political affiliation, and subject to approval of a majority vote of
both houses, persons qualified for the positions of director of the Office of Legislative
Research and General Counsel, legislative fiscal analyst, legislative general counsel, and
legislative auditor general. Appointments to these positions shall be for terms of six years
subject to renewal under the same procedure as the original appointment.
] 
individuals to serve
as director of the Office of Legislative Research and General Counsel, legislative general
counsel, legislative fiscal analyst, and legislative auditor general.
(b) Individuals appointed to these positions shall serve a term of six years, beginning
on the date sixty days after adjournment sine die of the annual general session or special
session in which their appointment was approved by both houses of the Legislature.
(c) The Legislature may reappoint any individual serving in one of these positions to
additional six-year terms.
(d)
 [
A person
] 
An individual
 may be removed from any of these [
offices
] 
positions
before the expiration of the [
person's
] 
individual's
 term only
:
(i)
 by a majority vote of both [
houses
] 
chambers
 of the Legislature or by a two-thirds
vote of the [
management committee for such causes as inefficiency, incompetency,
] 
Legislative
Management Committee; and
(ii) for inefficiency, incompetence,
 failure to maintain skills or adequate performance
levels, insubordination, misfeasance, malfeasance, or nonfeasance in office.
(e)
 If a vacancy occurs in any of these [
offices
] 
positions
 after adjournment of the
annual general session of the
 Legislature, the [
committee
] 
Legislative Management Committee
shall appoint an individual to fill the vacancy until [
such time as the person
] 
that individual or
another individual
 is approved or rejected by majority vote of the [
next session of the
]
Legislature[
;
]
.
(3) (a) The Legislative Management Committee shall:
[
(b)
] 
(i)
 develop 
branch wide
 policies [
for
] 
that provide general guidelines governing
personnel management, compensation, and training of [
all professional
] 
all nonpartisan
legislative staff;
[
(c)
] 
(ii)
 develop a [
policy within the limits of legislative appropriation
] 
policies
 for the
authorization and payment to legislators of 
per diem
 compensation and travel expenses,
including out-of-state travel[
;
]
; and
[
(d) approve special study budget requests of the legislative directors; and
]
[
(e) assist the speaker-elect of the House of Representatives and the president-elect of
the Senate, upon selection by their majority party caucus, to organize their respective houses of
the Legislature and assume the direction of the operation of the Legislature in the forthcoming
annual general session.
]
(iii) make any policies adopted by the Legislative Management Committee available to
members of the Legislature.
(b) The Legislative Management Committee may apply some, or all, of the general
policies for personnel management, compensation, and training adopted for nonpartisan staff to
partisan staff working for the Senate and House of Representatives.
(c) Nothing in Subsection (3)(a)(i) may be construed to authorize the Legislative
Management Committee or any member of it to direct the director of the Office of Legislative
Research and General Counsel, the legislative fiscal analyst, the legislative auditor general, or
the legislative general counsel to:
(i) adopt office-specific personnel, compensation, training, or other policies; or
(ii) make a specific decision regarding personnel, compensation, training, or other
decision relating to the internal management of their respective offices and employees.
(4) The Legislative Management Committee may:
(a) make other policies to govern or manage the Legislature, including records policies
under Title 63G, Chapter 2, Government Records Access and Management Act;
(b) hear reports and recommendations from interim committee chairs about what study
items an interim committee should study;
(c) receive reports from interim committee chairs about what their committees
accomplished during the interim and what legislation the committees will propose; or
(d) establish permanent or temporary subcommittees to study and make
recommendations to the full committee on matters of interest to the committee.
[
(4)
] 
(5)
 (a) The Legislature delegates to the Legislative Management Committee the
authority, by means of a majority vote of the committee, to direct the legislative general
counsel in matters involving the Legislature's participation in litigation.
(b) The Legislature has an unconditional right to intervene in a state court action and
may provide evidence or argument, written or oral, if a party to that court action challenges:
(i) the constitutionality of a state statute;
(ii) the validity of legislation; or
(iii) any action of the Legislature.
(c) In a federal court action that challenges the constitutionality of a state statute, the
validity of legislation, or any action of the Legislature, the Legislature may seek to intervene, to
file an amicus brief, or to present argument in accordance with federal rules of procedure.
(d) Intervention by the Legislature pursuant to Subsection [
(4)
] 
(5)
(b) or (c) does not
limit the duty of the attorney general to appear and prosecute legal actions or defend state
agencies, officers or employees as otherwise provided by law.
(e) In any action in which the Legislature intervenes or participates, legislative counsel
and the attorney general shall function independently from each other in the representation of
their respective clients.
(f) The attorney general shall notify the legislative general counsel of a claim in
accordance with Subsection 
67-5-1
(25).
Section 53. Section 
36-3a-301
, which is renumbered from Section 36-12-8 is
renumbered and amended to read:
Part 3. Subcommittees of the Legislative Management Committee
[
36-12-8
].
 36-3a-301.
Legislative Management Committee -- Research and
General Counsel Subcommittee -- Budget Subcommittee -- Audit Subcommittee -- Duties
-- Members -- Meetings.
(1) There [
are
] 
is
 created within the Legislative Management Committee:
(a) the Research and General Counsel Subcommittee;
(b) the Budget Subcommittee; and
(c) the Audit Subcommittee.
(2) (a) The Research and General Counsel Subcommittee, comprising six members,
shall recommend to the Legislative Management Committee a person or persons to hold the
positions of director of the Office of Legislative Research and General Counsel and legislative
general counsel.
(b) The Budget Subcommittee, comprising six members, shall recommend to the
Legislative Management Committee a person to hold the position of legislative fiscal analyst.
(c) The Audit Subcommittee shall comprise:
(i) the president, majority leader, and minority leader of the Senate; and
(ii) the speaker, majority leader, and minority leader of the House of Representatives.
[
(d)
] 
(3)
 The Audit Subcommittee shall:
[
(i)
] 
(a) when a vacancy occurs,
 recommend [
to the Legislative Management
Committee a person
] 
an individual
 to hold the position of legislative auditor general [
to the
Legislative Management Committee
]; and
[
(ii) (A)
] 
(b) (i)
 review all requests for audits;
[
(B)
] 
(ii)
 prioritize those requests;
[
(C)
] 
(iii)
 hear all audit reports and refer those reports to other legislative committees
for their further review and action as appropriate; and
[
(D)
] 
(iv)
 when notified by the legislative auditor general or state auditor that a
subsequent audit has found that an entity has not implemented a previous audit
recommendation, refer the audit report to an appropriate legislative committee and also ensure
that an appropriate legislative committee conducts a review of the entity that has not
implemented the previous audit recommendation.
[
(3) The members of each subcommittee of the Legislative Management Committee,
other than the Audit Subcommittee, shall have equal representation from each major political
party and shall be appointed from the membership of the Legislative Management Committee
by an appointments committee comprised of the speaker and the minority leader of the House
of Representatives and the president and the minority leader of the Senate.
]
[
(4) Each subcommittee of the Legislative Management Committee:
]
(4) (a) The Legislative Management Committee shall ensure that, other than the Audit
Subcommittee, each subcommittee of the Legislative Management Committee has equal
representation from each major political party.
(b) An appointments committee comprised of the speaker and minority leader of the
House of Representatives and the president and minority leader of the Senate shall appoint the
members of each subcommittee.
[
(a) shall
] 
(5) The Audit Subcommittee may
 meet as often as necessary to perform its
duties[
; and (b) may meet
]
, including
 during and between legislative sessions.
Section 54. Section 
36-3a-401
, which is renumbered from Section 36-12-10 is
renumbered and amended to read:
Part 4. Legislative Committees Generally
[
36-12-10
].
 36-3a-401.
Right of members to attend meetings -- Voting.
(1) As used in this section, "official committee" means a legislative committee,
subcommittee, task force, or other official legislative entity created by statute, resolution,
legislative rule, or by motion of one of those entities.
(2)
 Any member of the Legislature [
has the right to
] 
may:
(a)
 attend any meeting of the [
House, Senate, and
] Legislative Management
[
Committees, the subcommittees
] 
Committee, a subcommittee
 of the Legislative Management
Committee, [
or
] any interim committee
, or any official committee;
 and [
to
]
(b)
 present views on any subject under consideration[
, but no legislator has the right to
]
by the committee or subcommittee.
(3) A legislator may not
 vote on any decision of [
a
] 
an official or other
 committee of
which [
he
] 
the legislator
 is not a member. [
All meetings of these committees shall be subject
to Title 52, Chapter 4, Open and Public Meetings Act.
]
Section 55. Section 
36-3a-402
 is enacted to read:
 36-3a-402.
Legislative committees to comply with Open and Public Meetings Act.
(1) As used in this section, "official committee" means each legislative committee,
subcommittee, task force, or other official legislative entity created by statute, resolution,
legislative rule, by motion of one of those entities, or by the president of the Senate or speaker
of the House of Representatives.
(2) The Legislative Management Committee, the subcommittees of the Legislative
Management Committee, each interim committee, and each other official committee shall
comply with the procedures and requirements of Title 52, Chapter 4, Open and Public
Meetings Act.
Section 56. Section 
36-3a-501
, which is renumbered from Section 36-12-11 is
renumbered and amended to read:
Part 5. Provisions Governing Specific Types of Committees
[
36-12-11
].
 36-3a-501.
Interim committees' powers.
Interim committees may:
(1) administer oaths; [
and
]
(2) issue subpoenas[
,
]
; and
(3) by the following the procedures contained in Chapter 5a, Legislative Subpoenas,
compel the
:
(a)
 attendance 
and testimony
 of witnesses
;
 and [
the
]
(b)
 production of papers, books, accounts, documents, 
electronic information, or
 any
other tangible 
or electronic
 things[
, and testimony, by following the procedures contained in
Title 36, Chapter 14, Legislative Subpoena Powers
].
Section 57. Section 
36-3a-502
, which is renumbered from Section 36-12-9 is
renumbered and amended to read:
[
36-12-9
].
 36-3a-502.
Special Investigative committees -- Closed meetings --
Private records.
(1) [
"Special
] 
As used in this section, "special
 investigative committee" means a
committee or subcommittee created or designated by rule or resolution of the House, the
Senate, or the Legislature to investigate a matter specified in the rule or resolution.
[
(2) The House, Senate, and Legislative Management Committees, the subcommittees
of the Legislative Management Committee, and each interim committee shall keep complete
minutes of their meetings.
]
[
(3) The official policies of the House, Senate and Legislative Management
Committees made pursuant to their duties as assigned by law shall be written and available to
all members of the Legislature.
]
[
(4)
] 
(2)
 Notwithstanding Subsection 
52-4-204
(2) or 
52-4-205
(1), a special
investigative committee may hold a closed meeting if a majority of the members present vote
to close the meeting for the purpose of:
[
(a)
] 
(a)
 seeking or obtaining legal advice;
[
(b)
] 
(b)
 discussing matters of strategy relating to an investigation, if discussing the
matters in public would interfere with the effectiveness of the investigation; or
[
(c)
] 
(c)
 questioning a witness, if questioning the witness in public would interfere with
a 
pending or possible
 criminal investigation.
[
(5)
] 
(3)
 The following records received by, or generated by or for, a special
investigative committee are protected records, for purposes of Title 63G, Chapter 2,
Government Records Access and Management Act, until the special investigative committee
concludes its business or determines to remove the protected record classification described in
this Subsection [
(5)
] 
(3)
:
(a) records of a witness interview;
(b) records containing the mental impressions of special investigative committee
members or staff to the special investigative committee;
(c) records containing information on investigative strategy; and
(d) records, the disclosure of which would interfere with the effectiveness of the
investigation.
Section 58. Section 
36-4a-101
 is enacted to read:
CHAPTER 4a. LEGISLATIVE STAFF OFFICES
Part 1. Office of Legislative Research and General Counsel
 36-4a-101.
Office of Legislative Research and General Counsel -- Established --
General duties -- Organization -- Collaboration.
(1) There is created the Office of Legislative Research and General Counsel as a
permanent nonpartisan staff office for the Legislature.
(2) In addition to the responsibilities exercised by the director and general counsel
under Sections 
36-4a-102
 and 
36-4a-103
, the Office of Legislative Research and General
Counsel shall, under the general supervision of the director:
(a) provide staff assistance to all legislative standing, special, and interim committees
by:
(i) assisting each committee chair in planning the work of the committee;
(ii) preparing and presenting policy research, policy analysis, and policy information;
and
(iii) preparing a final committee report that includes relevant research information,
committee policy recommendations, and recommended legislation, if any;
(b) draft and process all proposed legislation;
(c) provide an analysis of current law, actual or proposed legislation, or subjects of
general legislative concern to any interim committee, legislative standing committee, or
individual legislator;
(d) maintain records concerning all legislation of the Utah State Legislature;
(e) recommend changes to the Utah Constitution, Utah statutes, and legislative rules as
appropriate;
(f) assist in the development and management of the Utah State Legislature website;
(g) analyze data relating to previously enacted statutes;
(h) compile analytical and legal data pertaining to legislative and government issues;
and
(i) advise legislators and committees about legislative rules and legislative process.
(3) (a) In organizing the management of the Office of Legislative Research and General
Counsel, the Legislative Management Committee may either:
(i) select an individual to serve as both the director of the office and as general counsel;
or
(ii) select an individual to serve as director of the office and select another individual to
serve as the legislative general counsel.
(b) If the Legislative Management Committee chooses to select separate individuals to
serve as director and general counsel, the Legislative Management Committee shall:
(i) before hiring an individual to serve as director, consult with and obtain suggestions
and recommendations from the general counsel; and
(ii) before hiring an individual to serve as general counsel, consult with and obtain
suggestions and recommendations from the director.
(c) If the Legislative Management Committee chooses to select separate individuals to
serve as director and general counsel, the Legislative Management Committee may:
(i) before hiring an individual to serve as director, consult with and obtain suggestions
and recommendations from the outgoing director; and
(ii) before hiring an individual to serve as general counsel, consult with and obtain
suggestions and recommendations from the outgoing general counsel.
(d) An individual appointed under Subsection (3)(a)(i) must:
(i) be an attorney licensed to practice law in Utah; and
(ii) have practical management experience or equivalent academic training.
(e) The director appointed under Subsection (3)(a)(ii) must have a master's degree in
public or business administration, economics, or the equivalent in academic or practical
experience.
(f) The legislative general counsel appointed under Subsection (3)(a)(ii) must be an
attorney licensed to practice law in Utah.
(4) If the Legislature appoints one individual as director and a separate individual as
general counsel, the director and general counsel shall:
(a) communicate regularly with each other about their mutual and separate
responsibilities;
(b) collaborate and support each other's decisions;
(c) seek consensus on decisions about hiring, evaluation, discipline, and termination of
legal staff; and
(d) ensure that the office functions as a single entity and not as two or more separate
components.
(5) (a) To preserve the professional integrity and independence of the office:
(i) except for members of the Legislative Management Committee, no legislator,
lobbyist, or public official may urge the appointment of any person to the position of director or
legislative general counsel; and
(ii) neither the director nor the legislative general counsel may serve on any Utah
board, authority, commission, or other agency during their term of office.
(b) Nothing in this Subsection (5) prohibits an applicant for director or general counsel
from obtaining and submitting a letter of recommendation from a public official, public officer,
or public employee.
Section 59. Section 
36-4a-102
 is enacted to read:
 36-4a-102.
Office of Legislative Research and General Counsel -- Director duties.
(1) The director shall:
(a) subject to Subsection 
36-4a-103
(2)(m) and Subsection 
36-4a-103
(4), employ and
develop a professional staff within budget limitations;
(b) prepare and submit the annual budget request for the Office of Legislative Research
and General Counsel;
(c) maintain, or submit to the Division of Archives, all legislative records within the
custody and control of the office according to the retention policies adopted by the Legislative
Management Committee;
(d) collect and retain data relevant to current and potential legislative subjects of
interest to the Utah State Legislature;
(e) oversee the preparation of legislative bills, resolutions, memorials, substitutes,
amendments, and other documents or instruments required in the legislative process;
(f) advise and counsel the Legislature, majority and minority leadership of the House of
Representatives or Senate, any of the Legislature's members or members-elect, any of the
Legislature's committees or subcommittees, or the legislative staff about any of the items listed
in Subsection (1)(e);
(g) recommend areas for research studies by the Legislature;
(h) consult with the legislative counsel in fulfilling the director's responsibilities under
this section; and
(i) make final compensation decisions for employees of the office after consulting
with, and seriously considering the recommendations made by the legislative general counsel
for compensation for the professional legal staff.
(2) The director may, within budgetary limitations and by complying with the
procedures and requirements of Title 63G, Chapter 6a, Utah Procurement Code, contract with
outside professionals or consultants as necessary to assist the director in the performance of the
director's duties.
(3) In carrying out the duties provided for in this section, the director may obtain access
to all records, documents, and reports necessary to the scope of the director's duties as provided
in Section 
36-2a-104
.
Section 60. Section 
36-4a-103
 is enacted to read:
 36-4a-103.
Office of Legislative Research and General Counsel Duties -- Legal
duties -- Legislative general counsel.
(1) As provided in the Utah Constitution Article VI, Section 32, the legislative general
counsel "shall provide and control all legal services for the Legislature unless otherwise
provided by statute."
(2) Attorneys in the Office of Legislative Research and General Counsel shall, at the
direction and under the supervision of the legislative general counsel:
(a) exercise the constitutional authority provided in Utah Constitution, Article VI,
Section 32, by serving as legal counsel to the Legislature, majority and minority leadership of
the House of Representatives or Senate, any of the Legislature's committees or subcommittees,
individual legislators, any of the Legislature's staff offices, or any of the legislative staff when
acting within the course and scope of their service or employment as a public officer or public
employee;
(b) subject to Subsection 
36-3a-202
(5), represent the Legislature, majority and minority
leadership of the House of Representatives or Senate, any of the Legislature's committees or
subcommittees, individual legislators, any of the Legislature's staff offices, or any of the
legislative staff in matters relating to their scope of service or employment as a public officer or
employee in cases and controversies before United States and Utah courts, administrative
agencies, and other tribunals;
(c) prepare and assist in the preparation of legislative bills, resolutions, memorials,
substitutes, amendments, and other documents or instruments required in the legislative
process;
(d) advise and counsel the Legislature, majority and minority leadership of the House
of Representatives or Senate, any of the Legislature's members or members-elect, any of the
Legislature's committees or subcommittees, or the legislative staff about any of the items listed
in Subsection (2)(c);
(e) review, examine, and correct any technical errors in legislation that has passed both
chambers in order to enroll the legislation;
(f) evaluate each bill that has passed both chambers of the Legislature to ensure that it
was legally passed and submit each enrolled bill that has passed that evaluation to the governor
for gubernatorial action;
(g) prepare the laws for publication;
(h) comply with Title 46, Chapter 5, Uniform Electronic Legal Material Act, regarding
the office's responsibility regarding publication of the Utah Constitution, the Laws of Utah, and
the Utah Code;
(i) when two or more bills affect the same section of the Utah Code and one or more of
those bills enacts or amends language that another bill repeals, and the conflict has not been
corrected before the Legislature adjourns sine die, ensure that the repeal takes precedence over
the amendment or enactment in preparing the enrolled bill and in preparing the laws for
publication;
(j) make recommendations for the revision, clarification, classification, arrangement,
codification, recodification, annotation, and indexing of Utah statutes, and draft legislation to
implement the recommendations;
(k) maintain an electronic record organized by title, chapter, part, and section that
contains the laws of Utah that are currently in effect and that will take effect in the future; and
(l) modify the electronic record required by Subsection (2)(k) based upon changes to
the laws of Utah or to correct technical errors.
(3) The legislative general counsel shall submit recommendations for compensation for
professional legal staff to the director.
(4) (a) The legislative general counsel and the director must jointly agree on a
candidate to be hired as professional legal staff.
(b) If the legislative general counsel and director cannot agree, they shall seek another
qualified candidate for the position.
(5) The legislative general counsel shall:
(a) make disciplinary decisions, including termination decisions, for the professional
legal staff after discussing those decisions with, and considering the opinion of, the director;
and
(b) consult with the director in fulfilling the legislative general counsel's
responsibilities under this section.
(6) Notwithstanding Subsection 
36-4a-101
(2), the legislative general counsel shall
control and have final decision-making authority over the scope, content, and conclusions of
any legal research, legal analysis, or legal conclusions submitted to a legislator, a committee, or
to any other legislative client.
(7) The statutory authorization of the Office of Legislative Research and General
Counsel attorneys to correct technical errors in Subsection (2)(e), to prepare the laws for
publication in Subsection (2)(g), and to modify the electronic database to correct technical
errors in Subsection (2)(l) includes:
(a) adopting a uniform system of punctuation, capitalization, numbering, and wording
for enrolled bills and the Laws of Utah;
(b) eliminating duplication, and the repeal of laws directly or by implication, including
renumbering when necessary;
(c) correcting defective or inconsistent section and paragraph structure in the
arrangement of the subject matter of existing statutes;
(d) eliminating obsolete and redundant words;
(e) correcting obvious typographical and grammatical errors and other inconsistencies
including those involving punctuation, capitalization, cross-references, numbering, and
wording;
(f) renumbering and rearranging sections or parts of sections;
(g) transferring sections or dividing sections to assign separate section numbers to
distinct subject matters;
(h) modifying cross-references to agree with renumbered chapters or sections;
(i) substituting the proper section or chapter number for the terms "this act," "this bill,"
and similar terms;
(j) substituting the proper calendar date in the database and in the Laws of Utah;
(k) correcting the names of agencies, departments, and similar units of government;
(l) inserting or changing the wording of boldface to more accurately reflect the
substance of each section, part, chapter, or title;
(m) merging or determining priority of any amendments, enactments, or repealers to
the same code provisions that are passed by the Legislature;
(n) rearranging any misplaced statutory material, incorporating any omitted statutory
material, and correcting other obvious errors of addition or omission; and
(o) alphabetizing definition sections.
(8) Subject to Subsection (4) and Subsection 
36-4a-102
(1)(i), the legislative general
counsel shall employ and develop a professional legal staff within budget limitations.
(9) The legislative general counsel may:
(a) within budgetary limitations and by complying with the procedures and
requirements of Title 63G, Chapter 6a, Utah Procurement Code, contract with outside
professionals or consultants necessary to assist the legislative general counsel in the
performance of the legislative general counsel's duties; and
(b) in carrying out the duties provided for in this section, the legislative general counsel
may obtain access to all records, documents, and reports necessary to the scope of the
legislative general counsel's duties as provided in Section 
36-2a-104
.
Section 61. Section 
36-4a-201
, which is renumbered from Section 36-12-13 is
renumbered and amended to read:
Part 2. Office of the Legislative Fiscal Analyst
[
36-12-13
].
 36-4a-201.
Office of the Legislative Fiscal Analyst established --
Powers, functions, and duties -- Qualifications.
(1) There is [
established an
] 
created the
 Office of the Legislative Fiscal Analyst as a
permanent 
nonpartisan
 staff office for the Legislature.
(2) [
The powers, functions, and duties of
] 
Under the direction of the legislative fiscal
analyst,
 the Office of the Legislative Fiscal Analyst [
under the supervision of the fiscal analyst
are
] 
shall
:
(a) (i) [
to
] estimate 
state
 general revenue collections[
, including comparisons of:
] 
for
the current and next fiscal years;
[
(A) current estimates
]
(ii) compare next year's estimated revenues
 for each major tax type to long-term trends
for that tax type;
[
(B) current estimates for
]
(iii) estimate
 federal fund receipts 
for the next fiscal year and compare them
 to
long-term federal fund trends; and
[
(C) current estimates for tax collections and federal fund receipts to long-term trends
deflated for the inflationary effects of debt monetization; and
]
[
(ii) to
] 
(iv)
 report the 
estimates and
 analysis required under Subsection (2)(a)[
(i)
] to
the Legislature's Executive Appropriations Committee before each annual general session of
the Legislature;
(b) [
to
] analyze in detail the state budget before [
the convening of each legislative
]
each annual general
 session 
of the Legislature
 and make recommendations to the Legislature on
each item or program appearing in the budget, including:
(i) funding for and performance of programs, acquisitions, and services currently
undertaken by state government to determine whether each department, agency, institution, or
program should:
(A) continue at its current level of expenditure;
(B) continue at a different level of expenditure; or
(C) be terminated; and
(ii) increases or decreases to spending authority and other resource allocations for the
current and future fiscal years;
(c) [
to
] prepare 
fiscal estimates
 on all proposed bills [
fiscal estimates that reflect
] 
that
include
:
(i) [
potential state government
] 
anticipated
 revenue [
impacts
] 
changes affecting the
state budget
;
(ii) anticipated [
state government
] expenditure changes 
affecting the state budget
;
(iii) anticipated expenditure changes [
for
] 
affecting the budgets of
 county, municipal,
local district, or special service district governments; and
(iv) anticipated direct expenditure by Utah residents and businesses, including the unit
cost, number of units, and total cost to all impacted residents and businesses;
(d) [
to
] indicate whether each proposed bill will impact the regulatory burden for Utah
residents or businesses, and if so:
(i) whether the impact increases or decreases the regulatory burden; and
(ii) whether the change in burden is high, medium, or low;
(e) beginning in 2017 and repeating every three years after 2017, [
to
] prepare the
following cycle of analyses of long-term fiscal sustainability:
(i) in year one, the joint revenue volatility report required under Section 
63J-1-205
;
(ii) in year two, a long-term budget for programs appropriated from major funds and
tax types; and
(iii) in year three, a budget stress test comparing estimated future revenue to and
expenditure from major funds and tax types under various potential economic conditions;
(f) [
to
] report instances in which the [
administration
] 
executive and judicial branches
may be failing to carry out the expressed intent of the Legislature;
(g) [
to
] propose and analyze statutory changes for more effective operational
economies or more effective administration;
(h) [
to
] prepare, before each annual general session of the Legislature, a summary
showing the current status of 
each of
 the following 
items
 as compared to the past nine fiscal
years:
(i) debt;
(ii) long-term liabilities;
(iii) contingent liabilities;
(iv) General Fund borrowing;
(v) reserves;
(vi) fund and nonlapsing balances; and
(vii) cash funded capital investments;
(i) [
to
] make recommendations [
for addressing
]
, if any, for the Legislature to address
the items described in Subsection (2)(h) [
in the upcoming annual general session of the
Legislature
];
(j) [
to prepare,
] after each 
annual general
 session of the Legislature, 
prepare
 a summary
showing the effect of the [
final legislative program
] 
Legislature's actions
 on the financial
condition of the state;
(k) [
to
] conduct organizational and management improvement studies in accordance
with Title 63J, Chapter 1, Part 9, Government Performance Reporting and Efficiency Process,
and legislative rule;
(l) [
to prepare and deliver upon request of any
] 
if requested by an
 interim committee
[
or
]
,
 the Legislative Management Committee, 
or the Executive Appropriations Committee,
provide
 reports on the finances of the state and on anticipated or proposed requests for
appropriations;
(m) [
to
] recommend areas for [
research studies
] 
study
 by the executive department or
the interim committees;
(n) [
to
] appoint and develop a professional staff within budget limitations;
(o) [
to
] prepare and submit the annual budget request for the office;
(p) [
to
] develop a taxpayer receipt[
: (i) available to taxpayers through a website; and
(ii)
] that allows a taxpayer to view [
on the website
] an estimate of how the taxpayer's tax
dollars are expended for government purposes 
and place it on a website
; and
(q) [
to
] publish or provide other information on taxation and government expenditures
that may be accessed by the public.
(3) 
(a)
 The [
legislative fiscal analyst shall have
] 
Legislative Management Committee
shall ensure that the individual who they select as legislative fiscal analyst has
 a master's degree
in public administration, political science, economics, accounting, or the equivalent in
academic or practical experience.
(b) (i) To preserve the professional integrity and independence of the office:
(A) except for members of the Legislative Management Committee, no legislator,
lobbyist, or public official may urge the appointment of any person to the position legislative
fiscal analyst; and
(B) the legislative fiscal analyst may not serve on any Utah board, authority,
commission, or other agency during the legislative fiscal analyst's term of office.
(ii) Nothing in this Subsection (3)(b) prohibits an applicant for legislative fiscal analyst
from obtaining and submitting a letter of recommendation from a public official, public officer,
or public employee.
(4) In carrying out the duties provided for in this section, the [
legislative fiscal analyst
]
legislative fiscal analyst
 may
:
(a)
 obtain access to all records, documents, and reports necessary to the scope of the
legislative fiscal analyst's duties according to the procedures contained in [
Title 36, Chapter 14,
Legislative Subpoena Powers.
] 
Chapter 5a, Legislative Subpoenas; and
(b) within budgetary limitations and by following the procedures and requirements of
Title 63G, Chapter 6a, Utah Procurement Code, contract with consultants or other
professionals necessary to assist the office in the performance of the office's duties.
(5) The Office of the Legislative Fiscal Analyst shall provide any information the State
Board of Education reports in accordance with Subsection 
53E-3-507
(7) to:
(a) the chief sponsor of the proposed bill; and
(b) upon request, any legislator.
Section 62. Section 
36-4a-301
, which is renumbered from Section 36-12-15 is
renumbered and amended to read:
Part 3. Office of the Legislative Auditor General
[
36-12-15
].
 36-4a-301.
Office of the Legislative Auditor General established --
Qualifications -- Powers, functions, and duties.
(1) There is created [
an
] 
the
 Office of the Legislative Auditor General as a permanent
nonpartisan
 staff office for the Legislature.
[
(2) The legislative auditor general shall be a licensed certified public accountant or
certified internal auditor with at least five years of experience in the auditing or public
accounting profession, or the equivalent, prior to appointment.
]
[
(3) The legislative auditor general shall appoint and develop a professional staff
within budget limitations.
]
[
(4) (a) The Office of the Legislative Auditor General shall exercise the constitutional
authority provided in Article VI, Sec. 33, Utah Constitution.
]
[
(b)
] 
(2)
 Under the direction of the legislative auditor general, the [
office
] 
Office of the
Legislative Auditor General
 shall:
[
(i)
] 
(a)
 conduct comprehensive and special purpose audits, examinations, and reviews
of [
any entity that receives public funds;
]
:
(i) any funds, functions, and accounts in any branch, department, agency, or political
subdivision of Utah;
(ii) any entity that receives public funds; and
(iii) any entity that is subject to oversight from any branch, department, agency, or
political subdivision of Utah;
(b) perform other duties as prescribed by the Legislature;
[
(ii)
] 
(c)
 prepare and submit a written report on each audit, examination, or review to
the Legislative [
Management Committee, the audit subcommittee
] 
Audit Subcommittee
, and
make that written report available
 to all members of the Legislature within 75 days after the
audit or examination is completed; [
and
]
[
(iii)
] 
(d)
 monitor [
and
]
,
 conduct a risk assessment of
, and audit
 any efficiency
evaluations in accordance with Title 63J, Chapter 1, Part 9, Government Performance
Reporting and Efficiency Process, and legislative rule[
.
]
;
(e) create, manage, and report to the Legislative Audit Subcommittee a list of high risk
programs and operations that:
(i) threaten public funds or programs;
(ii) are vulnerable to inefficiency, waste, fraud, abuse, or mismanagement; or
(iii) require transformation;
(f) monitor and report to the Legislative Audit Subcommittee the health of state
agencies' internal audit functions; and
(g) make recommendations to increase the independence and value added of internal
audit functions throughout the state.
[
(5)
] 
(3)
 [
The
] 
In conducting an
 audit, examination, or review of any entity [
that
receives public funds may include a
]
, the Office of the Legislative Auditor General may
include a
 determination of any or all of the following:
(a) the honesty and integrity of all 
of
 the entity's fiscal affairs;
(b) the accuracy and reliability of the entity's [
financial
] 
internal control systems and
specific financial
 statements and reports;
(c) whether or not the entity's financial controls are adequate and effective to properly
record and safeguard its acquisition, custody, use, and accounting of public funds;
(d) whether [
or not
] the entity's administrators have [
faithfully adhered to
] 
complied
with
 legislative intent;
(e) whether [
or not
] the entity's operations have been conducted in an efficient,
effective, and cost efficient manner;
(f) whether [
or not
] the entity's programs have been effective in accomplishing 
their
intended objectives; and
(g) whether [
or not
] the entity's management control and information systems are
adequate and effective.
[
(6) The Office of the Legislative Auditor General:
]
[
(a) (i) shall, notwithstanding any other provision of law, have access to all records,
documents, and reports of any entity that receives public funds that are necessary to the scope
of the duties of the legislative auditor general or the office; and
]
[
(ii) may issue a subpoena to obtain access as provided in Subsection (6)(a)(i) using the
procedures contained in Title 36, Chapter 14, Legislative Subpoena Powers;
]
[
(b) establish policies, procedures, methods, and standards of audit work for the office
and staff;
]
[
(c) prepare and submit each audit report without interference from any source relative
to the content of the report, the conclusions reached in the report, or the manner of disclosing
the results of the legislative auditor general's findings; and
]
[
(d) prepare and submit the annual budget request for the office.
]
[
(7) To preserve the professional integrity and independence of the office:
]
[
(a) no legislator or public official may urge the appointment of any person to the
office; and
]
[
(b) the legislative auditor general may not be appointed to serve on any board,
authority, commission, or other agency of the state during the legislative auditor general's term
as legislative auditor general.
]
[
(8) The following records in the custody or control of the legislative auditor general
shall be protected records under Title 63G, Chapter 2, Government Records Access and
Management Act:
]
[
(a) Records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a past or present governmental
employee if the information or allegation cannot be corroborated by the legislative auditor
general through other documents or evidence, and the records relating to the allegation are not
relied upon by the legislative auditor general in preparing a final audit report.
]
[
(b) Records and audit workpapers to the extent they would disclose the identity of a
person who during the course of a legislative audit, communicated the existence of any waste
of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected.
]
[
(c) Prior to the time that an audit is completed and the final audit report is released,
records or drafts circulated to a person who is not an employee or head of a governmental
entity for their response or information.
]
[
(d) Records that would disclose an outline or part of any audit survey plans or audit
program.
]
[
(e) Requests for audits, if disclosure would risk circumvention of an audit.
]
[
(f) The provisions of Subsections (8)(a), (b), and (c) do not prohibit the disclosure of
records or information that relate to a violation of the law by a governmental entity or
employee to a government prosecutor or peace officer.
]
[
(g) The provisions of this section do not limit the authority otherwise given to the
legislative auditor general to classify a document as public, private, controlled, or protected
under Title 63G, Chapter 2, Government Records Access and Management Act.
]
[
(9) The legislative auditor general shall:
]
[
(a) be available to the Legislature and to the Legislature's committees for consultation
on matters relevant to areas of the legislative auditor general's professional competence;
]
[
(b) conduct special audits as requested by the Legislative Management Committee;
]
[
(c) report immediately in writing to the Legislative Management Committee through
its audit subcommittee any apparent violation of penal statutes disclosed by the audit of a state
agency and furnish to the Legislative Management Committee all information relative to the
apparent violation;
]
[
(d) report immediately in writing to the Legislative Management Committee through
its audit subcommittee any apparent instances of malfeasance or nonfeasance by a state officer
or employee disclosed by the audit of a state agency; and
]
[
(e) make any recommendations to the Legislative Management Committee through its
audit subcommittee with respect to the alteration or improvement of the accounting system
used by any entity that receives public funds.
]
[
(10) If the legislative auditor general conducts an audit of a state agency that has
previously been audited and finds that the state agency has not implemented a recommendation
made by the legislative auditor general in a previous audit, the legislative auditor general shall,
upon release of the audit:
]
[
(a) report immediately in writing to the Legislative Management Committee through
its audit subcommittee that the state agency has not implemented that recommendation; and
]
[
(b) shall report, as soon as possible, that the state agency has not implemented that
recommendation to a meeting of an appropriate legislative committee designated by the audit
subcommittee of the Legislative Management Committee.
]
[
(11) (a) Prior to each annual general session, the legislative auditor general shall
prepare a summary of the audits conducted and of actions taken based upon them during the
preceding year.
]
[
(b) This report shall also set forth any items and recommendations that are important
for consideration in the forthcoming session, together with a brief statement or rationale for
each item or recommendation.
]
[
(c) The legislative auditor general shall deliver the report to the Legislature and to the
appropriate committees of the Legislature.
]
[
(12) (a) No person or entity may:
]
[
(i) interfere with a legislative audit, examination, or review of any entity conducted by
the office; or
]
[
(ii) interfere with the office relative to the content of the report, the conclusions
reached in the report, or the manner of disclosing the results and findings of the office.
]
[
(b) Any person or entity that violates the provisions of this Subsection (12) is guilty of
a class B misdemeanor.
]
[
(13) (a) Beginning July 1, 2020, the Office of the Legislative Auditor General may
require any current employee, or any applicant for employment, to submit to a
fingerprint-based local, regional, and criminal history background check as an ongoing
condition of employment.
]
[
(b) An employee or applicant for employment shall provide a completed fingerprint
card to the office upon request. The office shall require that an individual required to submit to
a background check under this subsection also provide a signed waiver on a form provided by
the office that meets the requirements of Subsection 
53-10-108
(4).
]
[
(c) For a noncriminal justice background search and registration in accordance with
Subsection 
53-10-108
(13), the office shall submit to the Bureau of Criminal Identification:
]
[
(i) the employee's or applicant's personal identifying information and fingerprints for a
criminal history search of applicable local, regional, and national databases; and
]
[
(ii) a request for all information received as a result of the local, regional, and
nationwide background check.
]
Section 63. Section 
36-4a-302
 is enacted to read:
 36-4a-302.
Legislative Auditor General -- Selection -- Duties.
(1) (a) The Legislative Management Committee shall ensure that the person who they
select as legislative auditor general is a licensed certified public accountant or certified internal
auditor with at least seven years of experience in the auditing or public accounting profession,
or the equivalent, before the selection.
(b) (i) To preserve the professional integrity and independence of the office:
(A) except for members of the Legislative Management Committee, no legislator,
lobbyist, or public official may urge the appointment of any person to the position of legislative
auditor general; and
(B) the legislative auditor general may not serve on any Utah board, authority,
commission, or other agency during the legislative auditor general's term of office.
(ii) Nothing in this Subsection (1)(b) prohibits an applicant for legislative auditor
general from obtaining and submitting a letter of recommendation from a public official, public
officer, or public employee.
(2) The legislative auditor general shall:
(a) employ and develop a professional staff within budget limitations;
(b) establish policies, procedures, methods, and standards of audit work for the office;
(c) prepare and submit the annual budget request for the office;
(d) be available to the Legislature and to the Legislature's committees for consultation
on matters relevant to areas of the legislative auditor general's professional competence;
(e) conduct special audits as requested by the Legislative Management Committee or
Audit Subcommittee;
(f) report immediately in writing any apparent violation of penal statutes disclosed by
the audit to the Audit Subcommittee of the Legislative Management Committee and furnish to
the Audit Subcommittee all information relevant to the apparent violation;
(g) report immediately in writing to the Audit Subcommittee any apparent malfeasance
or nonfeasance by a state or local officer or employee disclosed by an audit;
(h) recommend to the Audit Subcommittee that an entity that receives public funds
alter or improve the entity's accounting system;
(i) implement a process to track, monitor, and report whether the subject of an audit
has implemented recommendations made in the audit report; and
(j) immediately report violations of Section 
36-4a-305
 to the Utah attorney general,
United States attorney's office, or both for review and potential prosecution.
(3) If the office conducts an audit of a state agency that has previously been audited
and finds that the state agency has not implemented one or more recommendations made by the
office in a previous audit, the legislative auditor general shall, upon release of the audit:
(a) report immediately in writing to the Audit Subcommittee that the state agency has
not implemented that recommendation; and
(b) as soon as possible, report to a meeting of a legislative committee designated by the
Audit Subcommittee that the state agency has not implemented that recommendation.
(4) Before each annual general session, the legislative auditor general shall:
(a) prepare an annual report that:
(i) summarizes the audits and other reviews conducted by the office since the last
annual report; and
(ii) evaluates and reports the degree to which an agency that has been the subject of an
audit has implemented the audit recommendations;
(b) include in the report any items and recommendations that the legislative auditor
general believes that the Legislature should consider in the annual general session; and
(c) deliver the report to the Legislature and to the appropriate committees of the
Legislature.
(5) (a) The legislative auditor general may require any current employee, or any
applicant for employment, to submit to a fingerprint-based local, regional, and national
criminal history background check as an ongoing condition of employment.
(b) If the legislative auditor general requires a criminal history background check on an
employee or applicant, the legislative auditor general shall require the employee or applicant
for employment to:
(i) provide a completed fingerprint card to the office; and
(ii) provide a signed waiver on a form provided by the office that meets the
requirements of Subsection 
53-10-108
(4).
(c) For a noncriminal justice name background search and registration in accordance
with Subsection 
53-10-108
(13), the legislative auditor general shall submit to the Bureau of
Criminal Identification:
(i) the employee's or applicant's personal identifying information and fingerprints for a
criminal history search of applicable local, regional, and national databases; and
(ii) a request for all information received as a result of the local, regional, and
nationwide background check.
(6) The legislative auditor general may, within budgetary limitations and by following
the procedures and requirements of Title 63G, Chapter 6a, Utah Procurement Code, contract
with consultants or other professionals necessary to assist the office in the performance of its
duties.
Section 64. Section 
36-4a-303
 is enacted to read:
 36-4a-303.
Office of the Legislative Auditor General -- Records -- Access and
protection.
(1) (a) When requested by the Office of the Legislative Auditor General, each entity
that the legislative auditor general is authorized to audit under Utah Constitution Article VI,
Section 33, shall, notwithstanding any other provision of law, provide the office with
immediate access to:
(i) each record, document, and report in the possession or custody of the entity in the
format identified by the office;
(ii) all entity personnel;
(iii) open and closed meetings conducted by the entity; and
(iv) any official or unofficial recordings of formal or informal meetings or
conversations to which the entity has access.
(b) The legislative auditor general may issue a subpoena to obtain access as provided in
Subsection (1)(a) using the procedures contained in Chapter 5a, Legislative Subpoenas.
(2) (a) The following records in the custody or control of the legislative auditor general
are protected records under Title 63G, Chapter 2, Government Records Access and
Management Act:
(i) records and audit workpapers that would disclose information relating to allegations
of personal misconduct, gross mismanagement, or illegal activity of a past or present
governmental employee if the information or allegation cannot be corroborated by the
legislative auditor general through other documents or evidence, and the records relating to the
allegation are not relied upon by the legislative auditor general in preparing a final audit report;
(ii) records and audit workpapers that would disclose the identity of a person who,
during the course of a legislative audit, communicated the existence of unethical behavior, any
waste of public funds, property, or personnel, or a violation or suspected violation of a United
States, Utah state, or political subdivision law, rule, regulation, or ordinance, if the person
disclosed the information on the condition that the identity of the person be protected;
(iii) before an audit is completed and the final audit report is released, records or drafts
circulated to a person who is not an employee or head of a governmental entity for review,
response, or information;
(iv) records that would disclose:
(A) an outline;
(B) all or any part of an audit survey, audit survey plan, audit plan, or audit program; or
(C) other procedural documents necessary to fulfill the duties of the office; and
(v) requests for audits, if disclosure would risk circumvention of an audit.
(b) The provisions of Subsections (2)(a)(i), (ii), and (iii) do not prohibit the disclosure
of records or information to a government prosecutor or peace officer when those records or
information relate to a violation of the law by a governmental entity, employee, or other
recipient of public monies.
(c) The provisions of this section do not limit the authority otherwise given to the
legislative auditor general to classify a document as public, private, controlled, or protected
under Title 63G, Chapter 2, Government Records Access and Management Act.
Section 65. Section 
36-4a-304
, which is renumbered from Section 36-12-15.1 is
renumbered and amended to read:
[
36-12-15.1
].
 36-4a-304.
Office of the Legislative Auditor General --
Budget and appropriation audits.
(1) As used in this section, "entity" means:
(a) an entity in the executive branch that receives an ongoing line item appropriation in
an appropriations act; and
(b) any local education agency, as defined in Section 
53E-1-102
, that receives public
funds.
(2) (a) Each year, subject to the availability of work capacity and the discretion of the
Legislative Audit [
Committee
] 
Subcommittee
, the Office of 
the
 Legislative Auditor General
may, in addition to other audits performed by the office, perform:
(i) an audit of one or more executive branch entity's appropriations; and
(ii) an audit of one or more local education agency's appropriations.
(b) An audit performed [
pursuant to
] 
under
 Subsection (2)(a) shall, as is appropriate for
each individual audit:
(i) evaluate the extent to which the entity has efficiently and effectively used the
appropriation by identifying:
(A) the entity's appropriation history;
(B) the entity's spending and efficiency history; and
(C) historic trends in the entity's operational performance effectiveness;
(ii) evaluate whether the entity's size and operation are commensurate with the entity's
spending history;
(iii) evaluate whether the entity is diligent in its stewardship of state resources;
(iv) provide an in-depth analysis 
and
 review of the entity's operations performance
improvements;
(v) if possible, incorporate the audit methodology of other audits performed by the
Office of 
the
 Legislative Auditor General; and
(vi) be conducted according to the process established for the Audit Subcommittee
created in Section [
36-12-8
] 
36-3a-301
.
(c) After releasing an audit report [
pursuant to
] 
under
 Subsection (2)(a), the Audit
Subcommittee shall make the audit report available to:
(i) each member of the Senate and the House of Representatives; and
(ii) the governor or the governor's designee.
(d) The Office of 
the
 Legislative Auditor General shall
:
(i)
 summarize the findings of an audit described in Subsection (2)(a) [
in:
]
; and
[
(i) a unique section of the legislative auditor general's annual report; and
]
(ii) [
a format that
] 
provide a copy of each audit report and the annual report to
 the
legislative fiscal analyst [
may use in preparation of the annual appropriations no later than 30
days before the day on which the Legislature convenes
] 
as soon as each report is completed
.
(3) The Office of 
the
 Legislative Auditor General shall consult with the legislative
fiscal analyst in preparing the summary required by Subsection (2)(d).
(4) The Legislature, in evaluating an entity's request for an increase in its base budget,
shall:
(a) review the audit report required by this section and any relevant audits; and
(b) consider the entity's request for an increase in its base budget in light of the entity's
prior history of savings and efficiencies as evidenced by the audit report required by this
section.
Section 66. Section 
36-4a-305
 is enacted to read:
 36-4a-305.
Criminal provisions.
(1) An actor commits interference with a legislative audit if the actor interferes with:
(a) a legislative audit, examination, or review of an entity conducted by the Office of
the Legislative Auditor General; or
(b) the Office of the Legislative Auditor General's decisions relating to:
(i) the content of the report;
(ii) the conclusions reached in the report; or
(iii) the manner of disclosing the results and findings of the office.
(2) A violation of Subsection (1) is a class B misdemeanor.
Section 67. Section 
36-5a-101
, which is renumbered from Section 36-14-1 is
renumbered and amended to read:
CHAPTER 5a. LEGISLATIVE SUBPOENAS
Part 1. General Provisions
[
36-14-1
].
 36-5a-101.
Definitions.
As used in this chapter:
(1) "Issuer" means a person authorized to issue a subpoena by this chapter.
(2) "Legislative body" means:
(a) the Legislature;
(b) the House or Senate; or
(c) any committee or subcommittee of the Legislature, the House, or the Senate.
(3) "Legislative office" means the Office of Legislative Research and General Counsel,
the
 Office of the Legislative Fiscal Analyst, and the Office of the Legislative Auditor General.
(4) "Legislative staff member" means an employee or independent contractor of a
legislative office.
(5) "Legislative subpoena" means a subpoena issued by an issuer on behalf of a
legislative body or legislative office and includes:
(a) a subpoena requiring a person to appear and testify at a time and place designated in
the subpoena;
(b) a subpoena requiring a person to:
(i) appear and testify at a time and place designated in the subpoena; and
(ii) produce accounts, books, papers, documents, electronically stored information, or
tangible things designated in the subpoena; and
(c) a subpoena requiring a person to produce accounts, books, papers, documents,
electronically stored information, or tangible things designated in the subpoena at a time and
place designated in the subpoena.
(6) "Special investigative committee" is as defined in Subsection 
36-12-9
(1).
Section 68. Section 
36-5a-201
, which is renumbered from Section 36-14-2 is
renumbered and amended to read:
Part 2. Issuance and Contents of Legislative Subpoenas
[
36-14-2
].
 36-5a-201.
Issuers.
(1) Any of the following persons is an issuer, who may issue legislative subpoenas by
following the procedures set forth in this chapter:
(a) the speaker of the House of Representatives;
(b) the president of the Senate;
(c) a chair of any legislative standing committee;
(d) a chair of any legislative interim committee;
(e) a chair of any special committee established by the Legislative Management
Committee, the speaker of the House, or the president of the Senate;
(f) a chair of any subcommittee of the Legislative Management Committee;
(g) a chair of a special investigative committee;
(h) a chair of a Senate or House Ethics Committee;
(i) a chair of the Executive Appropriations Committee as created in 
JR3-2-401
;
(j) a chair of an appropriations subcommittee as created in 
JR3-2-302
;
(k) the director of the Office of Legislative Research and General Counsel;
(l) the legislative auditor general;
(m) the [
director of the Office of Legislative Fiscal Analyst
] 
legislative fiscal analyst
;
and
(n) the legislative general counsel.
(2) A legislative body, a legislative office, an issuer, or a legislative staff member
designated by an issuer may:
(a) administer an oath or affirmation; and
(b) take evidence, including testimony.
Section 69. Section 
36-5a-202
, which is renumbered from Section 36-14-3 is
renumbered and amended to read:
[
36-14-3
].
 36-5a-202.
Contents.
Each legislative subpoena shall include:
(1) the name of the legislative body or office on whose behalf the subpoena is issued;
(2) the signature of the issuer; 
and
(3) a command to the person or entity to whom the subpoena is addressed to:
(a) appear and testify at the time and place set forth in the subpoena;
(b) appear and testify at the time and place designated in the subpoena and produce
accounts, books, papers, documents, electronically stored information, or tangible things
designated in the subpoena; or
(c) produce accounts, books, papers, documents, electronically stored information, or
tangible things designated in the subpoena at the time and place designated in the subpoena.
Section 70. Section 
36-5a-301
, which is renumbered from Section 36-14-4 is
renumbered and amended to read:
Part 3. Service of Legislative Subpoenas
[
36-14-4
].
 36-5a-301.
Service.
Legislative subpoenas may be served:
(1) within the state, by the sheriff of the county where service is made, or by his
deputy, or by any other person 18 years old or older who is not a member of the entity issuing
the subpoena;
(2) in another state or United States territory, by the sheriff of the county where the
service is made, or by his deputy, or by a United States marshal or his deputy; 
or
(3) in a foreign country:
(a) by following the procedures prescribed by the law of the foreign country;
(b) upon an individual, by any person 18 years old or older who is not a member of the
entity delivering the subpoena to him personally, and upon a corporation or partnership or
association, by any person 18 years old or older who is not a member of the entity delivering
the subpoena to an officer, a managing or general agent of the corporation, partnership, or
association; or
(c) by any form of mail requiring a signed receipt, to be addressed and dispatched by
the legislative general counsel to the party to be served.
Section 71. Section 
36-5a-401
, which is renumbered from Section 36-14-5 is
renumbered and amended to read:
Part 4. Enforcement of Legislative Subpoenas
[
36-14-5
].
 36-5a-401.
Legislative subpoenas -- Enforcement.
(1) If any person disobeys or fails to comply with a legislative subpoena, or if a person
appears pursuant to a subpoena and refuses to testify to a matter upon which the person may be
lawfully interrogated, that person is in contempt of the Legislature.
(2) (a) When the subject of a legislative subpoena disobeys or fails to comply with the
legislative subpoena, or if a person appears pursuant to a subpoena and refuses to testify to a
matter upon which the person may be lawfully interrogated, the issuer may:
(i) file a motion for an order to compel obedience to the subpoena with the district
court;
(ii) file, with the district court, a motion for an order to show cause why the penalties
established in Title 78B, Chapter 6, Part 3, Contempt, should not be imposed upon the person
named in the subpoena for contempt of the Legislature; or
(iii) pursue other remedies against persons in contempt of the Legislature.
(b) (i) Upon receipt of a motion under this subsection, the court shall expedite the
hearing and decision on the motion.
(ii) A court may:
(A) order the person named in the subpoena to comply with the subpoena; and
(B) impose any penalties authorized by Title 78B, Chapter 6, Part 3, Contempt, upon
the person named in the subpoena for contempt of the Legislature.
(3) (a) If a legislative subpoena requires the production of accounts, books, papers,
documents, electronically stored information, or tangible things, the person or entity to whom it
is directed may petition a district court to quash or modify the subpoena at or before the time
specified in the subpoena for compliance.
(b) An issuer may respond to a motion to quash or modify the subpoena by pursuing
any remedy authorized by Subsection (2).
(c) If the court finds that a legislative subpoena requiring the production of accounts,
books, papers, documents, electronically stored information, or tangible things is unreasonable
or oppressive, the court may quash or modify the subpoena.
(4) Nothing in this section prevents an issuer from seeking an extraordinary writ to
remedy contempt of the Legislature.
(5) Any party aggrieved by a decision of a court under this section may appeal that
action directly to the Utah Supreme Court.
Section 72. Section 
36-5a-402
, which is renumbered from Section 36-14-6 is
renumbered and amended to read:
[
36-14-6
].
 36-5a-402.
Fees and mileage.
Except state officers and employees, witnesses appearing pursuant to a legislative
subpoena shall receive witness fees and mileage as provided by law for attendance before the
district courts of this state.
Section 73. Section 
36-6a-101
 is enacted to read:
CHAPTER 6a. SPECIFIC LEGISLATIVE COMMITTEES
Part 1. General Provisions
 36-6a-101.
Reserved.
Reserved
Section 74. Section 
36-6a-201
, which is renumbered from Section 36-17-1 is
renumbered and amended to read:
Part 2. Legislative Process Committee
[
36-17-1
].
 36-6a-201.
Legislative Process Committee -- Membership.
There is created a Legislative Process Committee.
(1) The committee shall be composed of eight legislators appointed as follows:
(a) three senators, appointed by the president of the Senate, with one senator from the
minority party; and
(b) five representatives, appointed by the speaker of the House of Representatives, with
two representatives from the minority party.
(2) The president of the Senate shall designate one of the Senate appointees as one
cochair of the committee and the speaker of the House of Representatives shall designate one
of the House of Representatives appointees as the other cochair.
(3) Committee members serve for [
one year
] 
two years
 but may be reappointed by the
speaker or president.
(4) In conducting all of its business, the committee shall comply with the rules of
legislative interim committees.
(5) The Office of Legislative Research and General Counsel shall provide staff services
to the committee.
Section 75. Section 
36-6a-202
, which is renumbered from Section 36-17-2 is
renumbered and amended to read:
[
36-17-2
].
 36-6a-202.
Committee duties.
The committee shall:
(1) review existing legislative and budget procedures and study the legislative and
budget procedures used in other states;
(2) review and consider alternatives to the Utah Legislature's current process for
preparing a budget;
(3) review and consider alternatives to the Utah Legislature's current process for
requesting, preparing, prefiling, and prioritizing legislation;
(4) review and consider alternatives to the Utah Legislature's current process for
interims;
(5) review and consider alternatives to the current role of standing committees in the
legislative process;
(6) review and consider alternatives to the Utah Legislature's rules governing floor
actions;
(7) review and consider alternative measures to meet the constitutional requirements
for Utah's legislative process;
(8) review and consider any other matters involving the legislative process; and
(9) make recommendations, if any, to the Legislative Management Committee for any
changes to the legislative process.
Section 76. Section 
36-6a-301
, which is renumbered from Section 36-32-102 is
renumbered and amended to read:
Part 3. Judicial Rules Review Committee
[
36-32-102
].
 36-6a-301.
Definitions.
As used in this chapter:
(1) "Advisory committee" means the committee that proposes to the Supreme Court
rules or changes in rules related to:
(a) civil procedure;
(b) criminal procedure;
(c) juvenile procedure;
(d) appellate procedure;
(e) evidence; and
(f) professional conduct.
(2) "Committee" means the Judicial Rules Review Committee created in Section
[
36-32-201
] 
36-6a-302
.
(3) "Court rule" means any of the following:
(a) rules of procedure, evidence, or practice for use of the courts of this state;
(b) rules governing and managing the appellate process adopted by the Supreme Court;
or
(c) rules adopted by the Judicial Council for the administration of the courts of the
state.
(4) "Judicial Council" means the administrative body of the courts, established in Utah
Constitution, Article VIII, Section 12, and Section 
78A-2-104
.
(5) "Proposal for court rule" means the proposed language in a court rule that is
submitted to:
(a) the Judicial Council;
(b) the advisory committee; or
(c) the Supreme Court.
Section 77. Section 
36-6a-302
, which is renumbered from Section 36-32-201 is
renumbered and amended to read:
[
36-32-201
].
 36-6a-302.
Establishment of committee -- Membership --
Duties.
(1) There is created a six member Judicial Rules Review Committee.
(2) (a) The committee is comprised of:
(i) three members of the Senate, no more than two from the same political party,
appointed by the president of the Senate; and
(ii) three members of the House of Representatives, no more than two from the same
political party, appointed by the speaker of the House of Representatives.
(b) A member shall serve for a two-year term, or until the member's successor is
appointed.
(c) (i) A vacancy exists when a member:
(A) is no longer a member of the Legislature; or
(B) resigns from the committee.
(ii) The appointing authority shall fill a vacancy.
(iii) A member appointed to fill a vacancy shall serve out the unexpired term.
(d) The committee may meet as needed:
(i) to review:
(A) court rules[
:
]
;
(B) proposals for court rules; or
(C) conflicts between court rules or proposals for court rules and statute or the Utah
Constitution; or
(ii) to recommend legislative action related to a review described in Subsection
(2)(d)(i).
Section 78. Section 
36-6a-303
, which is renumbered from Section 36-32-202 is
renumbered and amended to read:
[
36-32-202
].
 36-6a-303.
Submission of court rules or proposals for court
rules.
(1) The Supreme Court or the Judicial Council shall submit to the committee and the
governor each court rule, proposal for court rule, and any additional information related to a
court rule or proposal for court rule that the Supreme Court or Judicial Council considers
relevant:
(a) when the court rule or proposal for court rule is submitted:
(i) to the Judicial Council for consideration or approval for public comment; or
(ii) to the Supreme Court by the advisory committee after the advisory committee's
consideration or approval; and
(b) when the approved court rule or approved proposal for court rule is made available
to members of the bar and the public for public comment.
(2) At the time of submission under Subsection (1), the Supreme Court or Judicial
Council shall provide the committee with the name and contact information of a Supreme
Court advisory committee or Judicial Council employee whom the committee may contact
about the submission.
Section 79. Section 
36-6a-304
, which is renumbered from Section 36-32-203 is
renumbered and amended to read:
[
36-32-203
].
 36-6a-304.
Review of rules -- Criteria.
(1) As used in this section, "court rule" means a new court rule, a proposal for court
rule, or an existing court rule.
(2) The committee:
(a) shall review and evaluate a submission of:
(i) a court rule; or
(ii) a proposal for court rule; and
(b) may review an existing court rule.
(3) The committee shall conduct a review of a court rule described in Subsection (2)
based on the following criteria:
(a) whether the court rule is authorized by the state constitution or by statute;
(b) if authorized by statute, whether the court rule complies with legislative intent;
(c) whether the court rule is in conflict with existing statute or governs a policy
expressed in statute;
(d) whether the court rule is primarily substantive or procedural in nature;
(e) whether the court rule infringes on the powers of the executive or legislative branch
of government;
(f) the impact of the court rule on an affected person;
(g) the purpose for the court rule, and if applicable, the reason for a change to an
existing court rule;
(h) the anticipated cost or savings due to the court rule to:
(i) the state budget;
(ii) local governments; and
(iii) individuals; and
(i) the cost to an affected person of complying with the court rule.
Section 80. Section 
36-6a-305
, which is renumbered from Section 36-32-204 is
renumbered and amended to read:
[
36-32-204
].
 36-6a-305.
Committee review -- Fiscal analyst -- Powers of
committee.
(1) To carry out the committee's duties, the committee may examine issues that the
committee considers necessary in addition to the issues described in this chapter.
(2) The committee may request that the Office of the Legislative Fiscal Analyst prepare
a fiscal note on any court rule or proposal for court rule.
(3) The committee has the powers granted to a legislative interim committee described
in Section [
36-12-11
] 
36-3a-501
.
Section 81. Section 
36-6a-306
, which is renumbered from Section 36-32-205 is
renumbered and amended to read:
[
36-32-205
].
 36-6a-306.
Findings -- Report -- Distribution of report.
(1) The committee may:
(a) make an informal recommendation about a court rule or proposal for court rule; [
or
]
(b) provide written findings of the committee's review of a court rule or proposal for
court rule; and
(c) if the committee identifies significant issues, provide written recommendations for:
(i) legislative action;
(ii) Supreme Court rulemaking action; or
(iii) Judicial Council rulemaking action.
(2) The committee shall provide to the Supreme Court or the Judicial Council:
(a) a copy of the committee's findings or recommendations described in Subsection (1);
and
(b) a request that the Supreme Court or Judicial Council notify the committee of the
Supreme Court or Judicial Council's response.
(3) The committee may prepare a report that includes:
(a) the findings and recommendations made by the committee based on the criteria
described in Section [
36-32-203
] 
36-6a-304
;
(b) any action taken by the Supreme Court or Judicial Council in response to
recommendations from the committee; and
(c) any recommendations described in Subsection (1).
(4) The committee shall provide a report described in Subsection (3) to:
(a) the speaker of the House of Representatives;
(b) the president of the Senate;
(c) the chair of the House Judiciary Standing Committee;
(d) the chair of the Senate Judiciary, Law Enforcement, and Criminal Justice Standing
Committee;
(e) the Judiciary Interim Committee;
(f) the governor;
(g) the Executive Offices and Criminal Justice Appropriations Subcommittee;
(h) the Judicial Council; and
(i) the Supreme Court.
Section 82. Section 
36-6a-307
, which is renumbered from Section 36-32-206 is
renumbered and amended to read:
[
36-32-206
].
 36-6a-307.
Publication of court rules and proposed court
rules.
When the Supreme Court or Judicial Council submits a court rule or proposal for court
rule for public comment, the Supreme Court or Judicial Council shall submit the court rule or
proposal for court rule to publication houses that publish court rules, proposals to court rules,
case law, or other relevant information for individuals engaged in the legal profession.
Section 83. Section 
36-6a-308
, which is renumbered from Section 36-32-207 is
renumbered and amended to read:
[
36-32-207
].
 36-6a-308.
Duties of staff.
The Office of Legislative Research and General Counsel shall, when practicable, attend
meetings of the advisory committees of the Supreme Court.
Section 84. Section 
36-6a-401
, which is renumbered from Section 36-23-101.5 is
renumbered and amended to read:
Part 4. Occupational and Professional Licensure Review Committee
[
36-23-101.5
].
 36-6a-401.
Definitions.
As used in this chapter:
(1) "Committee" means the Occupational and Professional Licensure Review
Committee created in Section [
36-23-102
] 
36-6a-402
.
(2) "Government requestor" means:
(a) the governor;
(b) an executive branch officer other than the governor;
(c) an executive branch agency;
(d) a legislator; or
(e) a legislative committee.
(3) "Health or safety of the public" includes protecting against physical injury, property
damage, or financial harm of the public.
(4) "Lawful occupation" means a course of conduct, pursuit, or profession that includes
the sale of goods or services that are not illegal to sell, irrespective of whether the individual
selling the goods or services is subject to an occupational regulation.
(5) "License" or "licensing" means a state-granted authorization for a person to engage
in a specified lawful occupation:
(a) based on the person meeting personal qualifications established under state law;
and
(b) where state law requires the authorization before the person may lawfully engage in
the occupation for compensation.
(6) "Newly regulate" means to create by statute or administrative rule a new license,
certification, registration, or exemption classification regarding a lawful occupation.
(7) "Personal qualifications" are criteria established in state law related to a person's
background and may include:
(a) completion of an approved education program;
(b) satisfactory performance on an examination;
(c) work experience; and
(d) completion of continuing education.
(8) "Proposal" means:
(a) an application submitted under Section [
36-23-105
] 
36-6a-405
, with or without
specific proposed statutory language;
(b) a request for review by a legislator of the possibility of newly regulating a lawful
occupation, with or without specific proposed statutory language; or
(c) proposed legislation to newly regulate a lawful occupation referred to the
committee by another legislative committee.
(9) "State certification" means a state-granted authorization given to a person to use the
term "state certified" as part of a designated title related to engaging in a specified lawful
occupation:
(a) based on the person meeting personal qualifications established under state law;
and
(b) where state law prohibits a noncertified person from using the term "state certified"
as part of a designated title, but does not otherwise prohibit a noncertified person from
engaging in the lawful occupation for compensation.
(10) "State registration" means a state-granted authorization given to a person to use
the term "state registered" as part of a designated title related to engaging in a specified lawful
occupation:
(a) based on the person meeting requirements established under state law, which may
include the person's name and address, the person's agent for service of process, the location of
the activity to be performed, and bond or insurance requirements;
(b) where state law does not require the person to meet any personal qualifications; and
(c) where state law prohibits a nonregistered person from using the term "state
registered" as part of a designated title.
(11) "Sunrise review" means a review under this chapter of a proposal to newly
regulate a lawful occupation.
(12) "Sunset review" means a review under this chapter of a statute regarding a
regulated lawful occupation that is scheduled for termination under Title 63I, Chapter 1, Part 2,
Repeal Dates Requiring Committee Review by Title.
Section 85. Section 
36-6a-402
, which is renumbered from Section 36-23-102 is
renumbered and amended to read:
[
36-23-102
].
 36-6a-402.
Occupational and Professional Licensure Review
Committee.
(1) There is created the Occupational and Professional Licensure Review Committee.
(2) The committee consists of nine members appointed as follows:
(a) three members of the House of Representatives, appointed by the speaker of the
House of Representatives, with no more than two appointees from the same political party;
(b) three members of the Senate, appointed by the president of the Senate, with no
more than two appointees from the same political party; and
(c) three public members appointed jointly by the speaker of the House of
Representatives and the president of the Senate from the following two groups:
(i) at least one member who has previously served, but is no longer serving, on an
advisory board created under Title 58, Occupations and Professions; and
(ii) at least one member from the general public who does not hold a license issued by
the Division of Occupational and Professional Licensing.
(3) (a) The speaker of the House of Representatives shall designate a member of the
House of Representatives appointed under Subsection (2)(a) as a cochair of the committee.
(b) The president of the Senate shall designate a member of the Senate appointed under
Subsection (2)(b) as a cochair of the committee.
Section 86. Section 
36-6a-403
, which is renumbered from Section 36-23-103 is
renumbered and amended to read:
[
36-23-103
].
 36-6a-403.
Committee terms -- Vacancies.
(1) A legislator serving on the committee shall serve a two-year term or until the
legislator's successor is appointed.
(2) (a) Except as provided in Subsection (2)(b), a public member shall serve a
three-year term or until the public member's successor is appointed.
(b) The speaker of the House of Representatives and the president of the Senate shall,
at the time of appointment or reappointment, adjust the length of terms of the public members
to ensure that approximately one of the public members is appointed every year.
(3) A legislative or public member of the committee may serve one or more terms.
(4) (a) A vacancy occurs:
(i) when a legislative member ceases to be a member of the Legislature;
(ii) when a member of the committee resigns from the committee; or
(iii) when a member is removed by the appointing authority for cause.
(b) A vacancy shall be filled by the appointing authority, and the replacement member
shall serve for the remaining unexpired term.
Section 87. Section 
36-6a-404
, which is renumbered from Section 36-23-104 is
renumbered and amended to read:
[
36-23-104
].
 36-6a-404.
Committee meetings -- Compensation -- Quorum
-- Legislative rules.
(1) The committee shall meet at least twice before November 1 of each year, at the call
of the committee chairs, to carry out the duties described in this chapter.
(2) (a) A member who is not a legislator may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a member who is a legislator are governed by
Section [
36-2-2
] 
36-2a-304
 and Legislative Joint Rules, Title 5, Legislative Compensation and
Expenses.
(3) (a) Five members of the committee [
constitute
] 
are
 a quorum.
(b) If a quorum is present, the action of a majority of members present is the action of
the committee.
(4) Except as provided in Subsection (3), in conducting all [
its
] 
the committee's
business, the committee shall comply with the rules of legislative interim committees regarding
motions.
Section 88. Section 
36-6a-405
, which is renumbered from Section 36-23-105 is
renumbered and amended to read:
[
36-23-105
].
 36-6a-405.
Applications -- Fees.
(1) If a government requestor or a representative of a lawful occupation that is not
licensed by the state proposes that the state license or newly regulate a lawful occupation, the
requestor or representative shall, prior to the introduction of any proposed legislation, submit
an application for sunrise review to the Office of Legislative Research and General Counsel in
a form approved by the committee.
(2) Along with any other information requested by the committee, the application shall
include a description of:
(a) why licensing or other regulation of the lawful occupation is required to protect
against present, recognizable, and significant harm to the health or safety of the public; and
(b) what is the least restrictive regulation of the lawful occupation that would protect
against recognizable and significant harm to the health or safety of the public.
(3) If an application is submitted by a representative of a lawful occupation, the
application shall include a nonrefundable fee of $500.
(4) All application fees shall be deposited into the General Fund.
Section 89. Section 
36-6a-406
, which is renumbered from Section 36-23-106 is
renumbered and amended to read:
[
36-23-106
].
 36-6a-406.
Duties -- Reporting.
(1) The committee shall:
(a) for each application submitted in accordance with Section [
36-23-105
] 
36-6a-405
,
conduct a sunrise review in accordance with Section [
36-23-107
] 
36-6a-407
 before November
1:
(i) of the year in which the application is submitted, if the application is submitted on
or before July 1; or
(ii) of the year following the year in which the application is submitted, if the
application is submitted after July 1; and
(b) (i) conduct a sunset review for each statute regarding a regulated lawful occupation
that is scheduled for termination under Title 63I, Chapter 1, Part 2, Repeal Dates Requiring
Committee Review by Title;
(ii) conduct a sunset review under this Subsection (1)(b) before November 1 of the year
prior to the last general session of the Legislature that is scheduled to meet before the
scheduled termination date; and
(iii) conduct a review or study regarding any other occupational or professional
licensure or other regulation matter referred to the committee by the Legislature, the Legislative
Management Committee, or other legislative committee.
(2) (a) The committee may conduct a review or study regarding any occupational or
professional regulation matter.
(b) In conducting a review or study under this Subsection (2), the committee shall
consider if the committee's recommendations would negatively affect the interest of members
of the regulated lawful occupation, including the effect on matters of reciprocity with other
states.
(3) The committee shall submit, in accordance with Section 
68-3-14
, an annual written
report before November 1 to:
(a) the Legislative Management Committee; and
(b) the Business and Labor Interim Committee.
(4) The written report required by Subsection (3) shall include:
(a) all findings and recommendations made by the committee in the calendar year; and
(b) a summary report of each review or study conducted by the committee stating:
(i) whether the review or study included a review of specific proposed or existing
statutory language;
(ii) action taken by the committee as a result of the review or study; and
(iii) a record of the vote for each action taken by the committee.
Section 90. Section 
36-6a-407
, which is renumbered from Section 36-23-107 is
renumbered and amended to read:
[
36-23-107
].
 36-6a-407.
Sunrise or sunset review -- Criteria.
(1) In conducting a sunrise review or a sunset review under this chapter, the committee
may:
(a) receive information from:
(i) representatives of the lawful occupation proposed to be newly regulated or that is
subject to a sunset review;
(ii) the Division of Occupational and Professional Licensing; or
(iii) any other person; and
(b) review a proposal with or without considering proposed statutory language.
(2) When conducting a sunrise review or sunset review under this chapter, the
committee shall:
(a) consider whether state regulation of the lawful occupation is necessary to address a
compelling state interest in protecting against present, recognizable, and significant harm to the
health or safety of the public;
(b) consider if the committee's recommendations to the Legislature would negatively
affect the interests of members of the regulated lawful occupation, including the effect on
matters of reciprocity with other states;
(c) if the committee determines that state regulation of the lawful occupation is not
necessary to protect against present, recognizable, and significant harm to the health or safety
of the public, recommend to the Legislature that the state not regulate the profession;
(d) if the committee determines that state regulation of the lawful occupation is
necessary in protecting against present, recognizable, and significant harm to the health or
safety of the public, consider whether:
(i) the proposed or existing statute is narrowly tailored to protect against present,
recognizable, and significant harm to the health or safety of the public; and
(ii) a potentially less restrictive alternative to licensing, including state certification,
state registration, or exemption, would avoid unnecessary regulation while still protecting the
health and safety of the public; and
(e) recommend to the Legislature any necessary changes to the proposed or existing
statute to ensure it is narrowly tailored to protect against present, recognizable, and significant
harm to the health or safety of the public.
(3) In its performance of each sunrise review or sunset review, the committee may
apply the following criteria, to the extent that it is applicable:
(a) whether the unregulated practice of the occupation or profession has clearly harmed
or may harm or endanger the health, safety, or welfare of the public;
(b) whether the potential for harm or endangerment described in Subsection (3)(a) is
easily recognizable and not remote;
(c) whether regulation of the occupation or profession will significantly diminish an
identified risk to the health, safety, or welfare of the public;
(d) whether regulation of the lawful occupation:
(i) imposes significant new economic hardship on the public;
(ii) significantly diminishes the supply of qualified practitioners; or
(iii) otherwise creates barriers to service that are not consistent with the public welfare
or interest;
(e) whether the lawful occupation requires knowledge, skills, and abilities that are:
(i) teachable; and
(ii) testable;
(f) whether the lawful occupation is clearly distinguishable from other lawful
occupations that are already regulated;
(g) whether the lawful occupation has:
(i) an established code of ethics;
(ii) a voluntary certification program; or
(iii) other measures to ensure a minimum quality of service;
(h) whether:
(i) the lawful occupation involves the treatment of an illness, injury, or health care
condition; and
(ii) practitioners of the lawful occupation will request payment of benefits for the
treatment under an insurance contract subject to Section 
31A-22-618
;
(i) whether the public can be adequately protected by means other than regulation; and
(j) other appropriate criteria as determined by the committee.
Section 91. Section 
36-6a-408
, which is renumbered from Section 36-23-108 is
renumbered and amended to read:
[
36-23-108
].
 36-6a-408.
Staff support.
The Office of Legislative Research and General Counsel shall provide staff services to
the committee.
Section 92. Section 
36-6a-409
, which is renumbered from Section 36-23-109 is
renumbered and amended to read:
[
36-23-109
].
 36-6a-409.
Review of state regulation of occupations.
(1) As part of the annual report described in Section [
36-23-106
] 
36-4a-406
, the
committee shall study and make recommendations regarding potentially less restrictive
alternatives to licensing for the regulation of lawful occupations, including registration,
certification, or exemption, if appropriate, that would avoid unnecessary regulation while still
protecting the health and safety of the public.
(2) The committee shall study and make recommendations regarding lawful
occupations that require a license in the state so that each licensed lawful occupation is
reviewed every 10 years.
Section 93. Section 
36-6a-501
, which is renumbered from Section 36-22-1 is
renumbered and amended to read:
Part 5. Native American Legislative Liaison Committee
[
36-22-1
].
 36-6a-501.
Native American Legislative Liaison Committee --
Creation -- Membership -- Chairs -- Salaries and expenses.
(1) There is created the Native American Legislative Liaison Committee.
(2) The committee consists of 11 members:
(a) seven members from the House of Representatives appointed by the speaker, no
more than four of whom may be members of the same political party; and
(b) four members of the Senate appointed by the president, no more than two of whom
may be members of the same political party.
(3) The speaker of the House shall select one of the members from the House of
Representatives to act as cochair of the committee.
(4) The president of the Senate shall select one of the members from the Senate to act
as cochair of the committee.
(5) Compensation and expenses of a member who is a legislator are governed by
Section [
36-2-2
] 
36-2a-304
 and Legislative Joint Rules, Title 5, Legislative Compensation and
Expenses.
Section 94. Section 
36-6a-502
, which is renumbered from Section 36-22-2 is
renumbered and amended to read:
[
36-22-2
].
 36-6a-502.
Duties.
(1) The committee shall:
(a) serve as a liaison between Utah Native American tribes and the Legislature;
(b) recommend legislation for each annual general session of the Legislature if the
committee determines that modifications to current law are in the best interest of the state of
Utah and of the Utah Native American tribes;
(c) review the operations of the Division of Indian Affairs and other state agencies
working with Utah Native American tribes;
(d) help sponsor meetings and other opportunities for discussion with and between
Native Americans; and
(e) hold a meeting at which public education is discussed as required by Section
53F-5-604
.
(2) In conducting its business, the committee shall comply with the rules of legislative
interim committees.
Section 95. Section 
36-6a-503
, which is renumbered from Section 36-22-3 is
renumbered and amended to read:
[
36-22-3
].
 36-6a-503.
Staff support.
The Office of Legislative Research and General Counsel shall provide staff support to
the committee.
Section 96. Section 
36-7a-101
 is enacted to read:
CHAPTER 7a. LEGISLATIVE TASK FORCES, WORK GROUPS, AND OTHER
ORGANIZATIONS IN WHICH LEGISLATORS PARTICIPATE.
Part 1. General Provisions
 36-7a-101.
Reserved.
Reserved
Section 97. Section 
36-7a-201
, which is renumbered from Section 36-28-102 is
renumbered and amended to read:
Part 2. Veterans and Military Affairs Commission
[
36-28-102
].
 36-7a-201.
Veterans and Military Affairs Commission --
Creation -- Membership -- Chairs -- Terms -- Per diem and expenses.
(1) There is created the Veterans and Military Affairs Commission.
(2) The commission membership is composed of 19 permanent members, but may not
exceed 24 members, [
and is
] as follows:
(a) five legislative members to be appointed as follows:
(i) three members from the House of Representatives, appointed by the speaker of the
House of Representatives, no more than two of whom may be from the same political party;
and
(ii) two members from the Senate, appointed by the president of the Senate, no more
than one of whom may be from the same political party;
(b) the executive director of the Department of Veterans and Military Affairs or the
director's designee;
(c) the chair of the Utah Veterans Advisory Council;
(d) the executive director of the Department of Workforce Services or the director's
designee;
(e) the executive director of the Department of Health or the director's designee;
(f) the executive director of the Department of Human Services or the director's
designee;
(g) the adjutant general of the Utah National Guard or the adjutant general's designee;
(h) the Guard and Reserve Transition Assistance Advisor;
(i) a member of the Utah Board of Higher Education or that member's designee;
(j) three representatives of veteran service organizations recommended by the Veterans
Advisory Council and confirmed by the commission;
(k) one member of the Executive Committee of the Utah Defense Alliance;
(l) one military affairs representative from a chamber of commerce member, appointed
by the Utah State Chamber of Commerce; and
(m) a representative from the Veterans Health Administration.
(3) The commission may appoint by majority vote of the entire commission up to five
pro tempore members, representing:
(a) state or local government agencies;
(b) interest groups concerned with veterans issues; or
(c) the general public.
(4) (a) The president of the Senate shall designate a member of the Senate appointed
under Subsection (2)(a) as a cochair of the commission.
(b) The speaker of the House of Representatives shall designate a member of the House
of Representatives appointed under Subsection (2)(a) as a cochair of the commission.
(5) 
(a)
 A majority of the members of the commission [
shall constitute
] 
is
 a quorum.
(b)
 The action of a majority of a quorum constitutes the action of the commission.
(6) 
(a)
 The term for each pro tempore member appointed in accordance with
Subsection (3) shall be two years from July 1 of the year of appointment.
(b)
 A pro tempore member may not serve more than three terms.
(7) 
(a)
 If a member leaves office or is unable to serve, [
the vacancy shall be filled as it
was originally appointed
] 
the original appointing authority shall fill the vacancy
.
(b)
 A person appointed to fill a vacancy under Subsection (6) serves the remaining
unexpired term of the member being replaced. [
If the remaining unexpired term is less than six
months, the newly appointed member shall be reappointed on July 1. The time served until July
is not counted in the restriction set forth in Subsection (6).
]
(8) A member may not receive compensation or benefits for the member's service but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) Salaries and expenses of the members of the commission who are legislators shall
be paid in accordance with Section [
36-2-2
] 
36-2a-304
 and Legislative Joint Rules, Title 5,
Chapter 3, Legislator Compensation.
Section 98. Section 
36-7a-202
, which is renumbered from Section 36-28-103 is
renumbered and amended to read:
[
36-28-103
].
 36-7a-202.
Duties.
The commission shall:
(1) comply with the rules of legislative interim committees;
(2) study and make recommendations to the Legislature on the following issues as they
impact active duty servicemembers, veterans, and their dependents:
(a) reintegration from military to civilian status;
(b) employment;
(c) finances;
(d) education;
(e) health and mental health, including suicide prevention;
(f) military affairs, including the impact of military bases; and
(g) coordination of state and local government resources to assist active duty
servicemembers, veterans, and their dependents; and
(3) consider the unique role of the Utah National Guard and its servicemembers in
regard to the issues in Subsection (2).
Section 99. Section 
36-7a-203
, which is renumbered from Section 36-28-104 is
renumbered and amended to read:
[
36-28-104
].
 36-7a-203.
Staff support.
The Office of Legislative Research and General Counsel shall staff the commission.
Section 100. Section 
36-7a-301
, which is renumbered from Section 36-29-108 is
renumbered and amended to read:
Part 3. Criminal Code Evaluation Task Force
[
36-29-108
].
 36-7a-301.
Criminal Code Evaluation Task Force.
(1) As used in this section, "task force" means the Criminal Code Evaluation Task
Force created in this section.
(2) There is created the Criminal Code Evaluation Task Force consisting of the
following 15 members:
(a) three members of the Senate appointed by the president of the Senate, no more than
two of whom may be from the same political party;
(b) three members of the House of Representatives appointed by the speaker of the
House of Representatives, no more than two of whom may be from the same political party;
(c) the executive director of the 
State
 Commission on Criminal and Juvenile Justice or
the executive director's designee;
(d) the director of the [
Utah
] Sentencing Commission or the director's designee;
(e) one member appointed by the presiding officer of the [
Utah
] Judicial Council;
(f) one member of the [
Utah
] Prosecution Council appointed by the chair of the Utah
Prosecution Council;
(g) the executive director of the [
Utah
] Department of Corrections or the executive
director's designee;
(h) the commissioner of the [
Utah
] Department of Public Safety or the commissioner's
designee;
(i) the director of the Utah Office for Victims of Crime or the director's designee;
(j) an individual who represents an association of criminal defense attorneys, appointed
by the president of the Senate; and
(k) an individual who represents an association of victim advocates, appointed by the
speaker of the House of Representatives.
(3) (a) The president of the Senate shall designate a member of the Senate appointed
under Subsection (2)(a) as a cochair of the task force.
(b) The speaker of the House of Representatives shall designate a member of the House
of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
(4) (a) A majority of the members of the task force constitutes a quorum.
(b) The action of a majority of a quorum constitutes an action of the task force.
(5) (a) Salaries and expenses of the members of the task force who are legislators shall
be paid in accordance with Section [
36-2-2
] 
36-2a-304
 and Legislative Joint Rules, Title 5,
Chapter 3, Legislator Compensation.
(b) A member of the task force who is not a legislator:
(i) may not receive compensation for the member's work associated with the task force;
and
(ii) may receive per diem and reimbursement for travel expenses incurred as a member
of the task force at the rates established by the Division of Finance under Sections 
63A-3-106
and 
63A-3-107
.
(6) The Office of Legislative Research and General Counsel shall provide staff support
to the task force.
(7) The task force shall review the state's criminal code and related statutes and make
recommendations regarding:
(a) the proper classification of crimes by degrees of felony and misdemeanor;
(b) standardizing the format of criminal statutes; and
(c) other modifications related to the criminal code and related statutes.
(8) On or before November 30 of each year that the task force is in effect, the task
force shall provide a report, including any proposed legislation, to:
(a) the Law Enforcement and Criminal Justice Interim Committee; and
(b) the Legislative Management Committee.
(9) The task force is repealed April 15, 2023.
Section 101. Section 
36-7a-302
 is enacted to read:
 36-7a-302.
Duties.
The task force shall review the state's criminal code and related statutes and make
recommendations regarding:
(1) the proper classification of crimes by degrees of felony and misdemeanor;
(2) standardizing the format of criminal statutes; and
(3) other modifications related to the criminal code and related statutes.
Section 102. Section 
36-7a-303
 is enacted to read:
 36-7a-303.
Report.
On or before November 30 of each year that the task force is in effect, the task force
shall provide a report, including any proposed legislation, to:
(1) the Law Enforcement and Criminal Justice Interim Committee; and
(2) the Legislative Management Committee.
Section 103. Section 
36-7a-304
 is enacted to read:
 36-7a-304.
Repealer.
The task force is repealed April 15, 2023.
Section 104. Section 
36-7a-401
, which is renumbered from Section 36-29-107.5 is
renumbered and amended to read:
Part 4. Murdered and Missing Indigenous Women and Girls Task Force
[
36-29-107.5
].
 36-7a-401.
Murdered and Missing Indigenous Women and
Girls Task Force -- Creation -- Membership -- Quorum -- Compensation -- Staff --
Vacancies -- Duties -- Interim report.
(1) As used in this section, "task force" means the Murdered and Missing Indigenous
Women and Girls Task Force created in Subsection (2).
(2) There is created the Murdered and Missing Indigenous Women and Girls Task
Force consisting of the following nine members:
(a) one member of the Senate appointed by the president of the Senate;
(b) one member of the House of Representatives appointed by the speaker of the House
of Representatives;
(c) the following three members, appointed jointly by the president of the Senate and
the speaker of the House of Representatives:
(i) a member of a nonprofit organization primarily serving Utah's Native American
community;
(ii) a representative of a Utah Native American tribe; and
(iii) a representative of a victim advocate organization serving Utah's Native American
population;
(d) the director of the Division of Indian Affairs, or the director's designee;
(e) the executive director of the Department of Human Services, or the executive
director's designee;
(f) the attorney general, or the attorney general's designee; and
(g) the commissioner of public safety for the Department of Public Safety, or the
commissioner's designee.
(3) A vacancy in a position appointed under Subsection (2)(a), (b), or (c) shall be filled
by appointing a replacement member in the same manner as the member creating the vacancy
was appointed under Subsection (2)(a), (b), or (c).
(4) (a) The member of the Senate appointed under Subsection (2)(a) is a cochair of the
task force.
(b) The member of the House of Representatives appointed under Subsection (2)(b) is
a cochair of the task force.
(5) (a) A quorum consists of five members.
(b) The action of a majority of a quorum constitutes an action of the task force.
(6) (a) Salaries and expenses of the members of the task force who are legislators shall
be paid in accordance with Section [
36-2-2
] 
36-2a-304
 and Legislative Joint Rules, Title 5,
Chapter 3, Legislator Compensation.
(b) A member of the task force who is not a legislator:
(i) may not receive compensation or benefits for the member's service associated with
the task force; and
(ii) may receive per diem and travel expenses incurred as a member of the task force at
the rates the Division of Finance establishes in accordance with:
(A) Sections 
63A-3-106
 and 
63A-3-107
; and
(B) rules the Division of Finance makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to carry out the provisions of Sections 
63A-3-106
 and
63A-3-107
.
(7) The Office of Legislative Research and General Counsel shall provide staff support
to the task force.
(8) The task force shall:
(a) conduct appropriate consultations with tribal governments on the scope and nature
of the issues regarding murdered and missing indigenous women and girls;
(b) develop model protocols and procedures to apply to new and unsolved cases of
murdered or missing indigenous women and girls, including the best practices for:
(i) improving the way law enforcement investigators and prosecutors respond to the
high volume of the cases, and to the investigative challenges that might be presented in cases
involving female victims;
(ii) collecting and sharing data among various jurisdictions and law enforcement
agencies; and
(iii) better use of existing criminal databases;
(c) seek input from multi-disciplinary and multi-jurisdictional persons, including
representatives from tribal law enforcement and federal agencies, about how to review cold
cases involving murdered and missing indigenous women and girls; and
(d) address the need for greater clarity concerning roles, authorities, and jurisdiction
throughout the lifecycle of cases involving murdered and missing indigenous women and girls
by discussing:
(i) best practices in cases involving murdered and missing indigenous women and girls,
including best practices related to communication with affected families from initiation of an
investigation through case resolution or closure; and
(ii) education and outreach campaigns for communities that are most affected by crime
resulting in murdered and missing indigenous women and girls to identify and reduce the
crime.
(9) (a) On or before November 30, 2023, the task force shall provide a report to the
Law Enforcement and Criminal Justice Interim Committee.
(b) The report described in Subsection (9)(a) shall include a summary of the task
force's findings under Subsection (8) and recommendations for improvements in the criminal
justice and social service systems for preventing and addressing crimes involving murdered and
missing indigenous women and girls in the state.
Section 105. Section 
36-7a-402
 is enacted to read:
 36-7a-402.
Murdered and Missing Indigenous Women and Girls Task Force --
Duties.
The task force shall:
(1) conduct appropriate consultations with tribal governments on the scope and nature
of the issues regarding murdered and missing indigenous women and girls;
(2) develop model protocols and procedures to apply to new and unsolved cases of
murdered or missing indigenous women and girls, including the best practices for:
(a) improving the way law enforcement investigators and prosecutors respond to the
high volume of the cases, and to the investigative challenges that might be presented in cases
involving female victims;
(b) collecting and sharing data among various jurisdictions and law enforcement
agencies; and
(c) better use of existing criminal databases;
(3) seek input from multi-disciplinary and multi-jurisdictional persons, including
representatives from tribal law enforcement and federal agencies, about how to review cold
cases involving murdered and missing indigenous women and girls; and
(4) address the need for greater clarity concerning roles, authorities, and jurisdiction
throughout the lifecycle of cases involving murdered and missing indigenous women and girls
by discussing:
(a) best practices in cases involving murdered and missing indigenous women and
girls, including best practices related to communication with affected families from initiation
of an investigation through case resolution or closure; and
(b) education and outreach campaigns for communities that are most affected by crime
resulting in murdered and missing indigenous women and girls to identify and reduce the
crime.
Section 106. Section 
36-7a-403
 is enacted to read:
 36-7a-403.
Murdered and Missing Indigenous Women and Girls Task Force --
Report.
(1) On or before November 30, 2023, the task force shall provide a report to the Law
Enforcement and Criminal Justice Interim Committee.
(2) The report shall include a summary of the task force's findings and
recommendations for improvements in the criminal justice and social service systems for
preventing and addressing crimes involving murdered and missing indigenous women and girls
in the state.
Section 107. Section 
36-7a-501
, which is renumbered from Section 36-29-201 is
renumbered and amended to read:
Part 5. State Flag Task Force
[
36-29-201
].
 36-7a-501.
Definitions.
As used in this part, "task force" means the State Flag Task Force created in [
Section
36-29-202
] 
this part
.
Section 108. Section 
36-7a-502
, which is renumbered from Section 36-29-202 is
renumbered and amended to read:
[
36-29-202
].
 36-7a-502.
State Flag Task Force -- Creation -- Membership
-- Meetings -- Vacancies -- Per diem and expenses -- Staff.
(1) There is created the State Flag Task Force.
(2) The task force consists of the following nine members:
(a) the governor, or the governor's designee;
(b) the lieutenant governor, or the lieutenant governor's designee;
(c) three members of the Senate, appointed by the president of the Senate;
(d) three members of the House of Representatives, appointed by the speaker of the
House of Representatives; and
(e) the executive director of the Department of Cultural and Community Engagement.
(3) Each individual with authority to appoint a member of the task force under
Subsection (2) shall make the appointment on or before June 1, 2021.
(4) The governor shall appoint a chair of the task force.
(5) A majority of the task force constitutes a quorum for the transaction of task force
business.
(6) The task force shall ensure that each meeting of the task force complies with Title
52, Chapter 4, Open and Public Meetings Act.
(7) The term of each member of the task force ends on November 30, 2023.
(8) (a) A member of the task force may be removed from the task force by the
individual who appointed the member.
(b) Within 14 days after the day on which a vacancy occurs on the task force for any
reason, the individual who originally appointed the member shall fill the vacancy in accordance
with Subsection (2).
(9) (a) Subject to Subsection (9)(b), a task force member may not receive
compensation or benefits for the member's service on the task force but may receive per diem
and reimbursement for travel expenses incurred as a task force member in accordance with:
(i) Sections 
63A-3-106
 and 
63A-3-107
; and
(ii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a task force member who is a legislator are
governed by Section [
36-2-2
] 
36-2a-304
 and Legislative Joint Rules, Title 5, Legislative
Compensation and Expenses.
(10) The Department of Cultural and Community Engagement shall provide staff
support for the task force and assist the task force in conducting task force meetings.
Section 109. Section 
36-7a-503
, which is renumbered from Section 36-29-203 is
renumbered and amended to read:
[
36-29-203
].
 36-7a-503.
Task force duties.
(1) The task force shall:
(a) convene the task force's initial meeting on or before June 11, 2021;
(b) establish and adopt guiding principles for the task force regarding flag design and
the goals of recommending a revised or new state flag for the state;
(c) create a process for the submission and task force assessment of proposed designs
for a revised or new state flag of Utah, including a process that includes the design community;
(d) on or before September 15, 2022, select a group of up to 10 proposed flag designs
that:
(i) represent the state; and
(ii) adhere to the guiding principles described in Subsection (1)(b);
(e) create a process that includes the gathering of public input to review the proposed
flag designs described in Subsection (1)(d), including the public input of children and young
people in the state, and to select a proposed revised or new state flag of Utah; and
(f) on or before November 1, 2022, provide a written report and recommendations to
the Economic Development and Workforce Services Interim Committee and the Legislature
regarding:
(i) the proposed flag designs described in Subsection (1)(d);
(ii) the process and results of the review of the proposed flag designs described in
Subsection (1)(e);
(iii) the task force's recommendation for the design of a revised or new state flag of
Utah; and
(iv) proposed legislation retaining the current flag, revising the current flag, or
designating a new state flag of Utah, which may include a recommendation to designate the
current state flag of Utah described in Section 
63G-1-501
 as the governor's flag.
(2) The task force may:
(a) create working groups to carry out the task force's duties under this section,
including working with one or more graphic designers or other professionals to review and
improve designs for consideration by the task force; and
(b) accept contributions from private or public sources for the purpose of awarding a
prize to one or more creators of flag designs selected and recommended by the task force.
Section 110. Section 
36-7a-601
, which is renumbered from Section 36-12-20 is
renumbered and amended to read:
Part 6. Energy Producer States Commission
[
36-12-20
].
 36-7a-601.
Development of proposed energy producer states'
agreement -- Membership selection -- Agreements -- Goals -- Meetings -- Reports.
(1) The speaker of the House shall appoint two members of the House and the
president of the Senate shall appoint two members of the Senate, of which no more than three
of the four members shall be from the same political party, to study and work with legislative
members of other energy producing states for the purpose of developing a proposed energy
producer states' agreement.
(2) The proposed energy producer states' agreement shall have the following goals:
(a) to encourage domestic development of energy in the United States;
(b) to ensure the continued development of each state's domestic natural resources;
(c) to deliver a unified message to the federal government from energy producing states
by:
(i) participating in the development of proposed federal legislation and regulations; and
(ii) making recommendations regarding existing federal law and regulations including
the following:
(A) the Environmental Protection Act;
(B) the Endangered Species Act; and
(C) federal land access issues that affect the production of energy;
(d) to eliminate or reduce overly broad federal legislation; and
(e) to identify and address consequences of delays and cancellations of economically
viable energy projects.
(3) Appointed members shall:
(a) produce a report with recommendations regarding an energy producer states'
agreement; and
(b) present the report to the Natural Resources, Agriculture, and Environment Interim
Committee and the Public Utilities, Energy, and Technology Interim Committee on or before
November 30 of each year.
(4) Compensation and expenses of a member who is a legislator are governed by
[
Section 
36-2-2
] 
Section 
36-2a-304
 and Legislative Joint Rules, Title 5, Legislative
Compensation and Expenses.
(5) The Office of Legislative Research and General Counsel shall provide staff
assistance as requested.
Section 111. 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 Division 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
] 
governor's office
;
(e) senior staff in the Governor's Office of Planning and Budget;
(f) senior staff in the Governor's Office of Economic Opportunity;
(g) senior staff in the 
State
 Commission on Criminal and Juvenile Justice;
(h) senior staff in the Public Lands Policy Coordinating Office, created in Section
63L-11-201
;
(i) a legislative employee appointed under Subsection [
36-12-7
] 
36-3a-202
(3)(a); or
(j) 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.
(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 112. Section 
51-10-201
 is amended to read:
51-10-201.
Fund created.
(1) There is created a private-purpose trust fund entitled the "Navajo Trust Fund."
(2) The fund consists of:
(a) revenue received by the state that represents the 37-1/2% of the net oil royalties
from the Aneth Extension of the Navajo Indian Reservation required by Pub. L. No. 72-403, 47
Stat. 141, to be paid to the state;
(b) money received by the trust administrator from a contract executed by:
(i) the trust administrator; or
(ii) the board;
(c) appropriations made to the fund by the Legislature, if any;
(d) income;
(e) money related to litigation, including settlement of litigation, related to the royalties
described in Subsection (2)(a);
(f) the balance of the Utah Navajo Royalties Holding Fund as of July 1, 2015, which
shall be transferred to the fund; and
(g) other revenue received from other sources.
(3) The trust administrator shall account for the receipt and expenditures of fund
money in accordance with Subsection 
51-10-204
(1)(m) and the policies and guidance of the
Division of Finance.
(4) (a) (i) The state treasurer shall invest the fund money with the primary goal of
providing for the stability, income, and growth of the principal.
(ii) Nothing in this section requires a specific outcome in investing.
(iii) The state treasurer may deduct any administrative costs incurred in managing fund
assets from earnings before distributing them.
(iv) (A) The state treasurer may employ professional asset managers to assist in the
investment of assets of the fund.
(B) The state treasurer may only provide compensation to asset managers from
earnings generated by the fund's investments.
(v) The state treasurer shall invest and manage the fund assets as a prudent investor
would, by:
(A) considering the purposes, terms, distribution requirements, and other
circumstances of the fund; and
(B) exercising reasonable care, skill, and caution in order to meet the standard of care
of a prudent investor.
(vi) In determining whether or not the state treasurer has met the standard of care of a
prudent investor, the judge or finder of fact shall:
(A) consider the state treasurer's actions in light of the facts and circumstances existing
at the time of the investment decision or action, and not by hindsight; and
(B) evaluate the state treasurer's investment and management decisions respecting
individual assets not in isolation, but in the context of a fund portfolio as a whole as a part of
an overall investment strategy that has risk and return objectives reasonably suited to the fund.
(b) (i) The fund shall earn interest.
(ii) The state treasurer shall deposit the interest or other revenue earned from
investment of the fund into the fund.
(5) The state auditor shall:
(a) conduct an annual audit of the fund's finances, internal controls, and compliance
with statutes, rules, and policies in accordance with Title 67, Chapter 3, Auditor; and
(b) deliver a copy of the annual audit report to the:
(i) board;
(ii) trust administrator;
(iii) Diné Advisory Committee;
(iv) Office of Legislative Research and General Counsel for presentation to the Native
American Legislative Liaison Committee, created in Section [
36-22-1
] 
36-6a-501
;
(v) governor's office;
(vi) Division of Indian Affairs;
(vii) Navajo Nation;
(viii) United States Bureau of Indian Affairs; and
(ix) United States Secretary of the Interior.
Section 113. Section 
51-10-204
 is amended to read:
51-10-204.
Trust administrator duties.
(1) Under the direction of the board, the trust administrator shall:
(a) review the documents and decisions highlighting the history of the fund, including:
(i) the Nelson report, prepared as part of the Bigman v. Utah Navajo Development
Council, Inc. C77-0031;
(ii) the November 1991 performance audit of the fund by the legislative auditor
general;
(iii) Sakezzie v. Utah Indian Affairs Commission, 198 F. Supp. 218 (1961);
(iv) Sakezzie v. Utah Indian Affairs Commission, 215 F. Supp. 12 (1963);
(v) the September 8, 1977, consent decree, the stipulation dated November 29, 1984,
modifying the consent decree, and the court's memorandum opinion dated September 25, 1978,
in Bigman v. Utah Navajo Development Council, Inc. C77-0031; and
(vi) rulings related to Pelt v. Utah;
(b) review all potential sources of fund revenues;
(c) prepare annual projections of money that will be available for Navajo programs;
(d) identify the property owned by the fund;
(e) establish and maintain a record system and retention schedule to retain records
relating to the fund's property and operations, including:
(i) records related to the ethics and conflict policy developed under Subsection (2)(c);
(ii) requests for proposals and proposals received;
(iii) contracts awarded;
(iv) project progress and completion reports;
(v) invoices; and
(vi) purchasing records;
(f) review the existing and proposed programs financed by the fund;
(g) evaluate whether the programs described in Subsection (1)(f) are the most practical
and cost-efficient means to provide the desired benefit to Navajos;
(h) consult regularly with the administrators of the programs financed by the fund to
obtain progress reports on the programs;
(i) attend all meetings of:
(i) the Diné Advisory Committee; and
(ii) the board;
(j) certify that the expenditures of the fund:
(i) comply with the state's fiduciary responsibilities as trustee of the fund; and
(ii) are consistent with this section;
(k) make an annual report:
(i) to the:
(A) board;
(B) governor; and
(C) Native American Legislative Liaison Committee, created in Section [
36-22-1
]
36-6a-501
; and
(ii) that:
(A) identifies the source and amount of the revenue received by the fund;
(B) identifies the recipient, purpose, and amount of the expenditures from the fund;
(C) identifies specifically each of the fund's investments and the actual return and the
rate of return from each investment; and
(D) recommends any necessary statutory changes to improve administration of the fund
or to protect the state from liability as trustee;
(l) submit a written annual report to the:
(i) Division of Indian Affairs;
(ii) Navajo Nation;
(iii) United States Bureau of Indian Affairs; and
(iv) United States Secretary of the Interior;
(m) establish, in conjunction with the state treasurer and the Division of Finance,
appropriate accounting practices for the fund receipts, expenditures, and investments according
to generally accepted accounting principles;
(n) provide summary records of fund receipts, expenditures, and investments to the
board and to the Diné Advisory Committee at each of their meetings;
(o) pay administrative expenses from the fund;
(p) report monthly to the board about:
(i) the trust administrator's activities; and
(ii) the status of the fund; and
(q) call additional meetings of the Diné Advisory Committee when necessary.
(2) In conjunction with the Diné Advisory Committee and under the direction of the
board, the trust administrator shall:
(a) before the beginning of each fiscal year, establish a list of the needs of Navajos for
that year to be used for the annual budget;
(b) before the beginning of each fiscal year, develop and approve an annual budget for
the fund;
(c) develop an ethics and conflict of interest policy that emphasizes the need to avoid
even the appearance of conflict of interest or impropriety that is to apply to:
(i) the trust administrator;
(ii) the trust administrator's staff; and
(iii) the Diné Advisory Committee;
(d) require the trust administrator, each of the trust administrator's staff, and each
member of the Diné Advisory Committee to sign and keep on file written documentation that
acknowledges:
(i) their receipt of the ethics and conflict of interest policy described in Subsection
(2)(c); and
(ii) their willingness to abide by the ethics and conflict of interest policy described in
Subsection (2)(c); and
(e) make expenditures from the fund:
(i) "for the health, education, and general welfare of the Navajo Indians residing in San
Juan County" as required by:
(A) Pub. L. No. 72-403, 47 Stat. 1418 (1933);
(B) Pub. L. No. 90-306, 82 Stat. 121 (1968); and
(C) this chapter; and
(ii) including expenditure for roads and utilities.
(3) The trust administrator, under direction of the board, may:
(a) contract with public and private entities; and
(b) unless prohibited by law or this chapter, acquire and hold money and other property
received in the administration of the fund.
Section 114. Section 
52-4-103
 is amended to read:
52-4-103.
Definitions.
As used in this chapter:
(1) "Anchor location" means the physical location from which:
(a) an electronic meeting originates; or
(b) the participants are connected.
(2) "Capitol hill complex" means the grounds and buildings within the area bounded by
300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
City.
(3) (a) "Convening" means the calling together of a public body by a person authorized
to do so for the express purpose of discussing or acting upon a subject over which that public
body has jurisdiction or advisory power.
(b) "Convening" does not include the initiation of a routine conversation between
members of a board of trustees of a large public transit district if the members involved in the
conversation do not, during the conversation, take a tentative or final vote on the matter that is
the subject of the conversation.
(4) "Electronic meeting" means a public meeting convened or conducted by means of a
conference using electronic communications.
(5) "Electronic message" means a communication transmitted electronically, including:
(a) electronic mail;
(b) instant messaging;
(c) electronic chat;
(d) text messaging, as that term is defined in Section 
76-4-401
; or
(e) any other method that conveys a message or facilitates communication
electronically.
(6) (a) "Meeting" means the convening of a public body or a specified body, with a
quorum present, including a workshop or an executive session, whether in person or by means
of electronic communications, for the purpose of discussing, receiving comments from the
public about, or acting upon a matter over which the public body or specific body has
jurisdiction or advisory power.
(b) "Meeting" does not mean:
(i) a chance gathering or social gathering;
(ii) a convening of the State Tax Commission to consider a confidential tax matter in
accordance with Section 
59-1-405
; or
(iii) a convening of a three-member board of trustees of a large public transit district as
defined in Section 
17B-2a-802
 if:
(A) the board members do not, during the conversation, take a tentative or final vote on
the matter that is the subject of the conversation; or
(B) the conversation pertains only to day-to-day management and operation of the
public transit district.
(c) "Meeting" does not mean the convening of a public body that has both legislative
and executive responsibilities if:
(i) no public funds are appropriated for expenditure during the time the public body is
convened; and
(ii) the public body is convened solely for the discussion or implementation of
administrative or operational matters:
(A) for which no formal action by the public body is required; or
(B) that would not come before the public body for discussion or action.
(7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
public statements of each member of the public body who is participating in a meeting.
(8) "Participate" means the ability to communicate with all of the members of a public
body, either verbally or electronically, so that each member of the public body can hear or
observe the communication.
(9) (a) "Public body" means:
(i) any administrative, advisory, executive, or legislative body of the state or its
political subdivisions that:
(A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(B) consists of two or more persons;
(C) expends, disburses, or is supported in whole or in part by tax revenue; and
(D) is vested with the authority to make decisions regarding the public's business; or
(ii) any administrative, advisory, executive, or policymaking body of an association, as
that term is defined in Section 
53G-7-1101
, that:
(A) consists of two or more persons;
(B) expends, disburses, or is supported in whole or in part by dues paid by a public
school or whose employees participate in a benefit or program described in Title 49, Utah State
Retirement and Insurance Benefit Act; and
(C) is vested with authority to make decisions regarding the participation of a public
school or student in an interscholastic activity, as that term is defined in Section 
53G-7-1101
.
(b) "Public body" includes:
(i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in
Section 
11-13-103
;
(ii) a governmental nonprofit corporation as that term is defined in Section 
11-13a-102
;
and
(iii) the Utah Independent Redistricting Commission.
(c) "Public body" does not include:
(i) a political party, a political group, or a political caucus;
(ii) a conference committee, a rules committee, or a sifting committee of the
Legislature;
(iii) a school community council or charter trust land council, as that term is defined in
Section 
53G-7-1203
;
(iv) a taxed interlocal entity, as that term is defined in Section 
11-13-602
; or
(v) the following Legislative Management subcommittees, which are established in
Section [
36-12-8
] 
36-3a-301
, when meeting for the purpose of selecting or evaluating a
candidate to recommend for employment, except that the meeting in which a subcommittee
votes to recommend that a candidate be employed shall be subject to the provisions of this act:
(A) the Research and General Counsel Subcommittee;
(B) the Budget Subcommittee; and
(C) the Audit Subcommittee.
(10) "Public statement" means a statement made in the ordinary course of business of
the public body with the intent that all other members of the public body receive it.
(11) (a) "Quorum" means a simple majority of the membership of a public body, unless
otherwise defined by applicable law.
(b) "Quorum" does not include a meeting of two elected officials by themselves when
no action, either formal or informal, is taken.
(12) "Recording" means an audio, or an audio and video, record of the proceedings of a
meeting that can be used to review the proceedings of the meeting.
(13) "Specified body":
(a) means an administrative, advisory, executive, or legislative body that:
(i) is not a public body;
(ii) consists of three or more members; and
(iii) includes at least one member who is:
(A) a legislator; and
(B) officially appointed to the body by the president of the Senate, speaker of the
House of Representatives, or governor; and
(b) does not include a body listed in Subsection (9)(c)(ii) or (9)(c)(v).
(14) "Transmit" means to send, convey, or communicate an electronic message by
electronic means.
Section 115. Section 
53-1-102
 is amended to read:
53-1-102.
Definitions.
(1) As used in this title:
(a) "Capitol hill complex" means the same as that term is defined in Section
63C-9-102
.
(b) "Commissioner" means the commissioner of public safety appointed under Section
53-1-107
.
(c) "Department" means the Department of Public Safety created in Section 
53-1-103
.
(d) "Governor-elect" means an individual whom the board of canvassers determines to
be the successful candidate for governor after a general election for the office of governor.
(e) "Law enforcement agency" means an entity or division of:
(i) (A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division is certified by the
commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency;
and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes,
and ordinances.
(f) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(g) "Motor vehicle" means every self-propelled vehicle and every vehicle propelled by
electric power obtained from overhead trolley wires, but not operated upon rails, except
motorized wheel chairs and vehicles moved solely by human power.
(h) "Peace officer" means any officer certified in accordance with Title 53, Chapter 13,
Peace Officer Classifications.
(i) "Public official" means the same as that term is defined in Section [
36-11-102
]
67-1c-101
.
(j) "State institution of higher education" means the same as that term is defined in
Section 
53B-3-102
.
(k) "Vehicle" means every device in, upon, or by which any person or property is or
may be transported or drawn upon a highway, excepting devices used exclusively upon
stationary rails or tracks.
(2) The definitions provided in Subsection (1) are to be applied throughout this title in
addition to definitions that are applicable to specific chapters or parts.
Section 116. Section 
53-3-109
 is amended to read:
53-3-109.
Records -- Access -- Fees -- Rulemaking.
(1) (a) Except as provided in this section, all records of the division shall be classified
and disclosed in accordance with Title 63G, Chapter 2, Government Records Access and
Management Act.
(b) The division may disclose personal identifying information in accordance with 18
U.S.C. Chapter 123:
(i) to a licensed private investigator holding a valid agency license, with a legitimate
business need;
(ii) to an insurer, insurance support organization, or a self-insured entity, or its agents,
employees, or contractors that issues any motor vehicle insurance under Title 31A, Chapter 22,
Part 3, Motor Vehicle Insurance, for use in connection with claims investigation activities,
antifraud activities, rating, or underwriting for any person issued a license certificate under this
chapter;
(iii) to a depository institution as that term is defined in Section 
7-1-103
;
(iv) to the State Tax Commission for the purposes of tax fraud detection and
prevention and any other use required by law;
(v) subject to Subsection (7), to the University of Utah for data collection in relation to
genetic and epidemiologic research; or
(vi) (A) to a government entity, including any court or law enforcement agency, to
fulfill the government entity's functions; or
(B) to a private person acting on behalf of a government entity to fulfill the government
entity's functions, if the division determines disclosure of the information is in the interest of
public safety.
(2) (a) A person who receives personal identifying information shall be advised by the
division that the person may not:
(i) disclose the personal identifying information from that record to any other person;
or
(ii) use the personal identifying information from that record for advertising or
solicitation purposes.
(b) Any use of personal identifying information by an insurer or insurance support
organization, or by a self-insured entity or its agents, employees, or contractors not authorized
by Subsection (1)(b)(ii) is:
(i) an unfair marketing practice under Section 
31A-23a-402
; or
(ii) an unfair claim settlement practice under Subsection 
31A-26-303
(3).
(3) (a) Notwithstanding the provisions of Subsection (1)(b), the division or its designee
may disclose portions of a driving record, in accordance with this Subsection (3), to:
(i) an insurer as defined under Section 
31A-1-301
, or a designee of an insurer, for
purposes of assessing driving risk on the insurer's current motor vehicle insurance
policyholders;
(ii) an employer or a designee of an employer, for purposes of monitoring the driving
record and status of current employees who drive as a responsibility of the employee's
employment if the requester demonstrates that the requester has obtained the written consent of
the individual to whom the information pertains; and
(iii) an employer or the employer's agents to obtain or verify information relating to a
holder of a commercial driver license that is required under 49 U.S.C. Chapter 313.
(b) A disclosure under Subsection (3)(a)(i) shall:
(i) include the licensed driver's name, driver license number, date of birth, and an
indication of whether the driver has had a moving traffic violation that is a reportable violation,
as defined under Section 
53-3-102
 during the previous month;
(ii) be limited to the records of drivers who, at the time of the disclosure, are covered
under a motor vehicle insurance policy of the insurer; and
(iii) be made under a contract with the insurer or a designee of an insurer.
(c) A disclosure under Subsection (3)(a)(ii) or (iii) shall:
(i) include the licensed driver's name, driver license number, date of birth, and an
indication of whether the driver has had a moving traffic violation that is a reportable violation,
as defined under Section 
53-3-102
, during the previous month;
(ii) be limited to the records of a current employee of an employer;
(iii) be made under a contract with the employer or a designee of an employer; and
(iv) include an indication of whether the driver has had a change reflected in the
driver's:
(A) driving status;
(B) license class;
(C) medical self-certification status; or
(D) medical examiner's certificate under 49 C.F.R. Sec. 391.45.
(d) The contract under Subsection (3)(b)(iii) or (c)(iii) shall specify:
(i) the criteria for searching and compiling the driving records being requested;
(ii) the frequency of the disclosures;
(iii) the format of the disclosures, which may be in bulk electronic form; and
(iv) a reasonable charge for the driving record disclosures under this Subsection (3).
(4) The division may charge fees:
(a) in accordance with Section 
53-3-105
 for searching and compiling its files or
furnishing a report on the driving record of a person;
(b) for each document prepared under the seal of the division and deliver upon request,
a certified copy of any record of the division, and charge a fee set in accordance with Section
63J-1-504
 for each document authenticated; and
(c) established in accordance with the procedures and requirements of Section
63J-1-504
 for disclosing personal identifying information under Subsection (1)(b).
(5) Each certified copy of a driving record furnished in accordance with this section is
admissible in any court proceeding in the same manner as the original.
(6) (a) A driving record furnished under this section may only report on the driving
record of a person for a period of 10 years.
(b) Subsection (6)(a) does not apply to court or law enforcement reports, reports of
commercial driver license violations, or reports for commercial driver license holders.
(7) (a) The division shall include on each application for or renewal of a license or
identification card under this chapter:
(i) the following notice: "The Driver License Division may disclose the information
provided on this form to an entity described in Utah Code Ann. Subsection
53-3-109
(1)(b)(v).";
(ii) a reference to the website described in Subsection (7)(b); and
(iii) a link to the division website for:
(A) information provided by the division, after consultation with the University of
Utah, containing the explanation and description described in Subsection (7)(b); and
(B) an online form for the individual to opt out of the disclosure of personal identifying
information as described in Subsection (1)(b)(v).
(b) On or before July 1, 2020, and in consultation with the division, the University of
Utah shall create a website that provides an explanation and description of:
(i) what information may be disclosed by the division to the University of Utah under
Subsection (1)(b)(v);
(ii) the methods and timing of anonymizing the information;
(iii) for situations where the information is not anonymized:
(A) how the information is used;
(B) how the information is secured;
(C) how long the information is retained; and
(D) who has access to the information;
(iv) research and statistical purposes for which the information is used; and
(v) other relevant details regarding the information.
(c) The website created by the University of Utah described in Subsection (7)(b) shall
include the following:
(i) a link to the division website for an online form for the individual to opt out of the
disclosure of personal identifying information as described in Subsection (1)(b)(v); and
(ii) a link to an online form for the individual to affirmatively choose to remove,
subject to Subsection (7)(e)(ii), personal identifying information from the database controlled
by the University of Utah that was disclosed pursuant to Subsection (1)(b)(v).
(d) In the course of business, the division shall provide information regarding the
disclosure of personal identifying information, including providing on the division website:
(i) a link to the website created under Subsection (7)(b) to provide individuals with
information regarding the disclosure of personal identifying information under Subsection
(1)(b)(v); and
(ii) a link to the division website for:
(A) information provided by the division, after consultation with the University of
Utah, containing the explanation and description described in Subsection (7)(b); and
(B) an online form for the individual to opt out of the disclosure of personal identifying
information as described in Subsection (1)(b)(v).
(e) (i) The division may not disclose the personal identifying information under
Subsection (1)(b)(v) if an individual opts out of the disclosure as described in Subsection
(7)(a)(iii)(B) or (7)(c)(i).
(ii) (A) Except as provided in Subsection (7)(e)(ii)(B), if an individual makes a request
as described in Subsection (7)(c)(ii), the University of Utah shall, within 90 days of receiving
the request, remove and destroy the individual's personal identifying information received
under Subsection (1)(b)(v) from a database controlled by the University of Utah.
(B) The University of Utah is not required to remove an individual's personal
identifying information as described in Subsection (7)(e)(ii)(A) from data released to a research
study before the date of the request described in Subsection (7)(c)(ii).
(f) (i) Subject to prioritization of the Audit Subcommittee created in Section [
36-12-8
]
36-3a-301
, the Office of the Legislative Auditor General shall conduct an audit and issue a
report on:
(A) procedures and safeguards utilized by the University of Utah related to the security
of personal identifying information disclosed pursuant to Subsection (1)(b)(v); and
(B) potential risks of disclosure or breaches in the security of personal identifying
information disclosed pursuant to Subsection (1)(b)(v).
(ii) The Office of the Legislative Auditor General shall provide the report described in
Subsection (7)(f)(i) to the Transportation Interim Committee before October 31, 2021.
(g) (i) The University of Utah shall report to the Transportation Interim Committee
before October 31, 2020, regarding the information described in Subsection (7)(b).
(ii) The University of Utah shall conduct a biennial internal information security audit
of the information systems that store the data received pursuant to Subsection (1)(b)(v), and,
beginning in the year 2023, provide a biennial report of the findings of the internal audit to the
Transportation Interim Committee.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to designate:
(a) what information shall be included in a report on the driving record of a person;
(b) the form of a report or copy of the report which may include electronic format;
(c) the form of a certified copy, as required under Section 
53-3-216
, which may include
electronic format;
(d) the form of a signature required under this chapter which may include electronic
format;
(e) the form of written request to the division required under this chapter which may
include electronic format;
(f) the procedures, requirements, and formats for disclosing personal identifying
information under Subsection (1)(b); and
(g) the procedures, requirements, and formats necessary for the implementation of
Subsection (3).
(9) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
use, disclose, or disseminate a record created or maintained by the division or any information
contained in a record created or maintained by the division for a purpose prohibited or not
permitted by statute, rule, regulation, or policy of a governmental entity.
(b) A person who discovers or becomes aware of any unauthorized use of records
created or maintained by the division shall inform the commissioner and the division director
of the unauthorized use.
Section 117. Section 
53-9-121
 is amended to read:
53-9-121.
Limited-use license.
(1) As used in this section:
(a) "Legislative body" means:
(i) the Legislature;
(ii) the Utah House of Representatives;
(iii) the Utah Senate;
(iv) a special investigative committee; or
(v) a staff office of the Legislature.
(b) "Special investigative committee" is as defined in Subsection [
36-12-9
]
36-3a-301
(1).
(2) Notwithstanding any provision of this chapter, a person is qualified to receive a
limited-use license if the person:
(a) is licensed, in good standing, by another state, district, or territory of the United
States to provide the services of a private investigator or private detective; and
(b) is retained by a legislative body to provide the services of a private investigator or
private detective for:
(i) a special investigative committee; or
(ii) a purpose relating to impeachment.
(3) A person holding a limited-use license may only provide the services described in
Subsection (2)(b).
(4) The bureau shall issue a limited-use license to a person within five days after the
day on which the bureau receives notice from a legislative body that:
(a) the person meets the qualifications described in Subsection (2)(a); and
(b) the legislative body has retained the person to provide the services described in
Subsection (2)(b).
(5) The bureau may not:
(a) impose a qualification for the receipt of a limited-use license other than the
qualifications described in Subsection (2)(a); or
(b) charge a fee to issue a limited-use license.
(6) A limited-use license expires when the person to whom it is issued is no longer
retained by a legislative body to provide a service described in Subsection (2)(b).
Section 118. Section 
53B-1-404
 is amended to read:
53B-1-404.
Membership of the board -- Student appointee -- Terms -- Oath --
Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation --
Training.
(1) The board consists of 18 residents of the state appointed by the governor with the
advice and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies,
as follows:
(a) subject to Subsections (2)(a), (3), and (6)(b)(ii), 16 members appointed from among
candidates presented to the governor by a nominating committee; and
(b) two student members appointed as described in Subsection (4).
(2) (a) For an appointment of a member effective July 1, 2020, the governor shall
appoint the member in accordance with Section 
53B-1-501
.
(b) Unless appointed by the governor as described in Section 
53B-1-501
, the term of
each individual who is a member of the State Board of Regents on May 12, 2020, expires on
June 30, 2020.
(3) If the governor is not satisfied with a sufficient number of the candidates presented
by the nominating committee to make the required number of appointments, the governor may
request that the committee nominate additional candidates.
(4) (a) For the appointments described in Subsection (1)(b), the governor shall appoint:
(i) one individual who is enrolled in a certificate program at a technical college at the
time of the appointment; and
(ii) one individual who:
(A) is a fully matriculated student enrolled in a degree-granting institution; and
(B) is not serving as a student body president at the time of the nomination.
(b) The governor shall select:
(i) an appointee described in Subsection (4)(a)(i) from among three nominees,
presented to the governor by a committee consisting of eight students, one from each technical
college, each of whom is recognized by the student's technical college; and
(ii) an appointee described in Subsection (4)(a)(ii) from among three nominees
presented to the governor by the student body presidents of degree-granting institutions.
(c) An appointee described in Subsection (4)(a) is not subject to the public comment
process described in Section 
63G-24-204
.
(5) (a) All appointments to the board shall be made on a nonpartisan basis.
(b) An individual may not serve simultaneously on the board and an institution board
of trustees.
(6) (a) (i) Except as provided in Subsection (6)(a)(ii) and Section 
53B-1-501
, members
shall be appointed to six-year staggered terms, each of which begins on July 1 of the year of
appointment.
(ii) A member described in Subsection (1)(b) shall be appointed to a one-year term.
(b) (i) A member described in Subsection (1)(a) may serve up to two consecutive full
terms.
(ii) The governor may appoint a member described in Subsection (1)(a) to a second
consecutive full term without a recommendation from the nominating committee.
(iii) A member described in Subsection (1)(b) may not serve more than one full term.
(c) (i) The governor may remove a member for cause.
(ii) The governor shall consult with the president of the Senate before removing a
member.
(7) (a) A member shall take the official oath of office before entering upon the duties of
office.
(b) The oath shall be filed with the Division of Archives and Records Services.
(8) The board shall elect a chair and vice chair from among the board's members who
shall serve terms of two years and until their successors are chosen and qualified.
(9) (a) The board shall appoint a secretary from the commissioner's staff to serve at the
board's discretion.
(b) The secretary is a full-time employee.
(c) The secretary shall record and maintain a record of all board meetings and perform
other duties as the board directs.
(10) (a) The board may establish advisory committees in addition to the advisory
council described in Section 
53B-1-407
.
(b) All matters requiring board determination shall be addressed in a properly
convened meeting of the board or the board's executive committee.
(11) (a) The board shall enact bylaws for the board's own government not inconsistent
with the constitution or the laws of this state.
(b) The board shall provide for an executive committee in the bylaws that:
(i) has the full authority of the board to act upon routine matters during the interim
between board meetings;
(ii) may not act on nonroutine matters except under extraordinary and emergency
circumstances; and
(iii) shall report to the board at the board's next meeting following an action undertaken
by the executive committee.
(12) (a) The board shall meet regularly upon the board's own determination.
(b) The board may also meet, in full or executive session, at the request of the chair,
the commissioner, or at least five members of the board.
(13) A quorum of the board is required to conduct the board's business and consists of
10 members.
(14) (a) A vacancy in the board occurring before the expiration of a member's full term
shall be immediately filled through the nomination process described in Section 
53B-1-406
 and
in this section.
(b) An individual appointed under Subsection (14)(a) serves for the remainder of the
unexpired term.
(15) (a) (i) Subject to Subsection (15)(a)(ii), a member shall receive a daily salary for
each calendar day that the member attends a board meeting that is the same as the daily salary
for a member of the Legislature described in Section [
36-2-3
] 
36-2a-304
.
(ii) A member may receive a salary for up to 10 calendar days per calendar year.
(b) A member may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(16) The commissioner shall provide to each member:
(a) initial training when the member joins the board; and
(b) ongoing annual training.
(17) A board member shall comply with the conflict of interest provisions described in
Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 119. Section 
53B-7-708
 is amended to read:
53B-7-708.
Legislative audit.
(1) Subject to prioritization of the Audit Subcommittee, the Office of the Legislative
Auditor General established under Section [
36-12-15
] 
36-4a-301
 shall in any fiscal year:
(a) conduct an audit of money appropriated for performance funding; and
(b) prepare and submit a written report for an audit described in this section in
accordance with Subsection [
36-12-15
] 
36-4a-301
(4)(b)(ii).
(2) An audit described in this section shall include:
(a) an evaluation of the implementation of performance funding; and
(b) the use of performance funding.
Section 120. Section 
53E-3-202
 is amended to read:
53E-3-202.
Compensation for members of the state board -- Insurance -- Per
diem and expenses.
(1) The salary for a member of the state board is set in accordance with Section
[
36-2-3
] 
36-2a-304
.
(2) Compensation for a member of the state board is payable monthly.
(3) A state board member may participate in any group insurance plan provided to
employees of the state board as part of the state board member's compensation on the same
basis as required for employee participation.
(4) In addition to the provisions of Subsections (1) and (3), a state board member may
receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 121. Section 
53F-5-601
 is amended to read:
53F-5-601.
Definitions.
As used in this part:
(1) "American Indian and Alaskan Native concentrated school" means a school where
at least 29% of the school's students are American Indian or Alaskan Native.
(2) "Native American Legislative Liaison Committee" means the committee created in
Section [
36-22-1
] 
36-6a-501
.
(3) "State plan" means the state plan adopted under Laws of Utah 2015, Chapter 53,
Section 7.
(4) "Teacher" means an individual employed by a school district or charter school who
is required to hold an educator license issued by the state board and who has an assignment to
teach in a classroom.
Section 122. Section 
53F-5-604
 is amended to read:
53F-5-604.
Liaison -- Reporting -- Meeting.
(1) Subject to budget constraints, the superintendent of public instruction appointed
under Section 
53E-3-301
 shall appoint an individual as the American Indian-Alaskan Native
Public Education Liaison.
(2) The liaison shall:
(a) work under the direction of the superintendent in the development and
implementation of the state plan; and
(b) annually report to the Native American Legislative Liaison Committee created
under Section [
36-22-1
] 
36-6a-501
 regarding:
(i) what entities receive a grant under this part;
(ii) the effectiveness of the expenditures of grant money; and
(iii) recommendations, if any, for additional legislative action.
(3) The Native American Legislative Liaison Committee shall annually schedule at
least one meeting at which education is discussed with selected stakeholders.
Section 123. Section 
58-60-405
 is amended to read:
58-60-405.
Qualifications for licensure.
(1) An applicant for licensure as a clinical mental health counselor shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) produce certified transcripts evidencing completion of:
(i) a master's or doctorate degree conferred to the applicant in:
(A) clinical mental health counseling, clinical rehabilitation counseling, counselor
education and supervision from a program accredited by the Council for Accreditation of
Counseling and Related Educational Programs; or
(B) clinical mental health counseling or an equivalent field from a program affiliated
with an institution that has accreditation that is recognized by the Council for Higher Education
Accreditation; and
(ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
an educational program described in Subsection (1)(d)(i);
(d) have completed a minimum of 4,000 hours of clinical mental health counselor
training as defined by division rule under Section 
58-1-203
:
(i) in not less than two years;
(ii) under the supervision of a clinical mental health counselor, psychiatrist,
psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
marriage and family therapist supervisor approved by the division in collaboration with the
board;
(iii) obtained after completion of the education requirement in Subsection (1)(c); and
(iv) including a minimum of two hours of training in suicide prevention via a course
that the division designates as approved;
(e) document successful completion of not less than 1,000 hours of supervised training
in mental health therapy obtained after completion of the education requirement in Subsection
(1)(c), which training may be included as part of the 4,000 hours of training in Subsection
(1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
obtained under the direct supervision of a mental health therapist, as defined by rule; and
(f) pass the examination requirement established by division rule under Section
58-1-203
.
(2) (a) An applicant for licensure as an associate clinical mental health counselor shall
comply with the provisions of Subsections (1)(a), (b), and (c).
(b) Except as provided under Subsection (2)(c), an individual's licensure as an
associate clinical mental health counselor is limited to the period of time necessary to complete
clinical training as described in Subsections (1)(d) and (e) and extends not more than one year
from the date the minimum requirement for training is completed.
(c) The time period under Subsection (2)(b) may be extended to a maximum of two
years past the date the minimum supervised clinical training requirement has been completed,
if the applicant presents satisfactory evidence to the division and the appropriate board that the
individual is:
(i) making reasonable progress toward passing of the qualifying examination for that
profession; or
(ii) otherwise on a course reasonably expected to lead to licensure.
(3) (a) Notwithstanding Subsection (1)(c), an applicant satisfies the education
requirement described in Subsection (1)(c) if the applicant submits documentation verifying:
(i) satisfactory completion of a doctoral or master's degree from an educational
program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
and Related Educational Programs;
(ii) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
hours of coursework related to an educational program described in Subsection (1)(c)(i); and
(iii) that the applicant received a passing score that is valid and in good standing on:
(A) the National Counselor Examination; and
(B) the National Clinical Mental Health Counseling Examination.
(b) During the 2021 interim, the division shall report to the Occupational and
Professional Licensure Review Committee created in Section [
36-23-102
] 
36-6a-402
 on:
(i) the number of applicants who applied for licensure under this Subsection (3);
(ii) the number of applicants who were approved for licensure under this Subsection
(3);
(iii) any changes to division rule after May 12, 2020, regarding the qualifications for
licensure under this section; and
(iv) recommendations for legislation or other action that the division considers
necessary to carry out the provisions of this Subsection (3).
Section 124. Section 
59-1-403.1
 is amended to read:
59-1-403.1.
Disclosure of return information.
(1) As used in this section:
(a) "Office" means:
(i) the Office of the Legislative Fiscal Analyst, established in Section [
36-12-13
]
36-4a-201
;
(ii) the Office of Legislative Research and General Counsel, established in Section
[
36-12-12
] 
36-4a-101
; or
(iii) the Governor's Office of Planning and Budget, created in Section 
63J-4-201
.
(b) (i) "Return information" means information gained by the commission that is
required to be attached to or included in a return filed with the commission.
(ii) "Return information" does not include information that the commission is
prohibited from disclosing by federal law, federal regulation, or federal publication.
(2) (a) Notwithstanding Subsection 
59-1-403
(2), the commission, at the request of an
office, shall provide to the office all return information with the items described in Subsection
(2)(b) removed.
(b) For purposes of a request for return information made under Subsection (2)(a), the
commission shall redact or remove any name, address, social security number, or taxpayer
identification number.
(3) (a) An office may disclose return information received from the commission in
accordance with this section only:
(i) (A) as a fiscal estimate, fiscal note information, or statistical information; and
(B) in a manner that reasonably protects the identification of a particular taxpayer; or
(ii) to another office.
(b) A person may not request return information, other than the return information that
the office discloses in accordance with Subsection (3)(a), from an office under Title 63G,
Chapter 2, Government Records Access and Management Act, or this section, if that office
received the return information from the commission in accordance with this section.
(c) An office may not disclose to a person that requests return information any return
information other than the return information that the office discloses in accordance with
Subsection (3)(a).
(4) Any individual who violates Subsection (3)(a):
(a) is guilty of a class A misdemeanor; and
(b) shall be:
(i) dismissed from office; and
(ii) disqualified from holding public office in this state for a period of five years after
dismissal.
(5) (a) An office and the commission may enter into an agreement specifying the
procedures for accessing, storing, and destroying return information requested in accordance
with this section.
(b) An office's access to return information is governed by this section, and except as
provided in Subsection (5)(a), may not be limited by any agreement.
Section 125. Section 
62A-4a-207
 is amended to read:
62A-4a-207.
Legislative Oversight Panel -- Responsibilities.
(1) (a) There is created the Child Welfare Legislative Oversight Panel composed of the
following members:
(i) two members of the Senate, one from the majority party and one from the minority
party, appointed by the president of the Senate; and
(ii) three members of the House of Representatives, two from the majority party and
one from the minority party, appointed by the speaker of the House of Representatives.
(b) Members of the panel shall serve for two-year terms, or until their successors are
appointed.
(c) A vacancy exists whenever a member ceases to be a member of the Legislature, or
when a member resigns from the panel. Vacancies shall be filled by the appointing authority,
and the replacement shall fill the unexpired term.
(2) The president of the Senate shall designate one of the senators appointed to the
panel under Subsection (1) as the Senate chair of the panel. The speaker of the House of
Representatives shall designate one of the representatives appointed to the panel under
Subsection (1) as the House chair of the panel.
(3) The panel shall follow the interim committee rules established by the Legislature.
(4) The panel shall:
(a) examine and observe the process and execution of laws governing the child welfare
system by the executive branch and the judicial branch;
(b) upon request, receive testimony from the public, the juvenile court, and from all
state agencies involved with the child welfare system, including the division, other offices and
agencies within the department, the attorney general's office, the Office of Guardian Ad Litem,
and school districts;
(c) before October 1 of each year, receive a report from the judicial branch identifying
the cases not in compliance with the time limits established in the following sections, and the
reasons for noncompliance:
(i) Subsection 
80-3-301
(1), regarding shelter hearings;
(ii) Section 
80-3-401
, regarding pretrial and adjudication hearings;
(iii) Section 
80-3-406
, regarding dispositional hearings and reunification services; and
(iv) Section 
80-3-409
, regarding permanency hearings and petitions for termination;
(d) receive recommendations from, and make recommendations to the governor, the
Legislature, the attorney general, the division, the Office of Guardian Ad Litem, the juvenile
court, and the public;
(e) (i) receive reports from the executive branch and the judicial branch on budgetary
issues impacting the child welfare system; and
(ii) recommend, as the panel considers advisable, budgetary proposals to the Social
Services Appropriations Subcommittee and the Executive Offices and Criminal Justice
Appropriations Subcommittee, which recommendation should be made before December 1 of
each year;
(f) study and recommend proposed changes to laws governing the child welfare
system;
(g) study actions the state can take to preserve, unify, and strengthen the child's family
ties whenever possible in the child's best interest, including recognizing the constitutional
rights and claims of parents whenever those family ties are severed or infringed;
(h) perform such other duties related to the oversight of the child welfare system as the
panel considers appropriate; and
(i) annually report the panel's findings and recommendations to the president of the
Senate, the speaker of the House of Representatives, the Health and Human Services Interim
Committee, and the Judiciary Interim Committee.
(5) (a) The panel has authority to review and discuss individual cases.
(b) When an individual case is discussed, the panel's meeting may be closed pursuant
to Title 52, Chapter 4, Open and Public Meetings Act.
(c) When discussing an individual case, the panel shall make reasonable efforts to
identify and consider the concerns of all parties to the case.
(6) (a) The panel has authority to make recommendations to the Legislature, the
governor, the Board of Juvenile Court Judges, the division, and any other statutorily created
entity related to the policies and procedures of the child welfare system. The panel does not
have authority to make recommendations to the court, the division, or any other public or
private entity regarding the disposition of any individual case.
(b) The panel may hold public hearings, as it considers advisable, in various locations
within the state in order to afford all interested persons an opportunity to appear and present
their views regarding the child welfare system in this state.
(7) (a) All records of the panel regarding individual cases shall be classified private,
and may be disclosed only in accordance with federal law and the provisions of Title 63G,
Chapter 2, Government Records Access and Management Act.
(b) The panel shall have access to all of the division's records, including those
regarding individual cases. In accordance with Title 63G, Chapter 2, Government Records
Access and Management Act, all documents and information received by the panel shall
maintain the same classification that was designated by the division.
(8) In order to accomplish its oversight functions, the panel has:
(a) all powers granted to legislative interim committees in Section [
36-12-11
]
36-3a-501
; and
(b) legislative subpoena powers under Title 36, Chapter [
14, Legislative Subpoena
Powers
] 
5a, Legislative Subpoenas
.
(9) Compensation and expenses of a member of the panel who is a legislator are
governed by Section [
36-2-2
] 
36-2a-204
 and Legislative Joint Rules, Title 5, Legislative
Compensation and Expenses.
(10) (a) The Office of Legislative Research and General Counsel shall provide staff
support to the panel.
(b) The panel is authorized to employ additional professional assistance and other staff
members as it considers necessary and appropriate.
Section 126. Section 
63A-5b-1107
 is amended to read:
63A-5b-1107.
Development of new correctional facilities.
(1) As used in this section:
(a) "Committee" means the Legislative Management Committee created in Section
[
36-12-6
] 
36-3a-201
.
(b) "New correctional facilities" means a new prison and related facilities to be
constructed to replace the state prison located in Draper.
(c) "Prison project" means all aspects of a project for the design and construction of
new correctional facilities on the selected site, including:
(i) the acquisition of land, interests in land, easements, or rights-of-way;
(ii) site improvement; and
(iii) the acquisition, construction, equipping, or furnishing of facilities, structures,
infrastructure, roads, parking facilities, utilities, and improvements, whether on or off the
selected site, that are necessary, incidental, or convenient to the development of new
correctional facilities on the selected site.
(d) "Selected site" means the site selected as the site for new correctional facilities.
(2) In consultation with the committee, the division shall oversee the prison project, as
provided in this section.
(3) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and this
section, the division shall:
(i) enter into contracts with persons providing professional and construction services
for the prison project;
(ii) provide reports to the committee regarding the prison project, as requested by the
committee; and
(iii) consider input from the committee on the prison project, subject to Subsection
(3)(b).
(b) The division may not consult with or receive input from the committee regarding:
(i) the evaluation of proposals from persons seeking to provide professional and
construction services for the prison project; or
(ii) the selection of persons to provide professional and construction services for the
prison project.
(c) A contract with a project manager or person with a comparable position on the
prison project shall include a provision that requires the project manager or other person to
provide reports to the committee regarding the prison project, as requested by the committee.
(4) All contracts associated with the design or construction of new correctional
facilities shall be awarded and managed by the division in accordance with Title 63G, Chapter
6a, Utah Procurement Code, and this section.
(5) The division shall coordinate with the Department of Corrections, created in
Section 
64-13-2
, and the State Commission on Criminal and Juvenile Justice, created in
Section 
63M-7-201
, during the prison project to help ensure that the design and construction of
new correctional facilities are conducive to and consistent with, and help to implement any
reforms of or changes to, the state's corrections system and corrections programs.
(6) (a) There is created within the General Fund a restricted account known as the
"Prison Development Restricted Account."
(b) The account created in Subsection (6)(a) is funded by legislative appropriations.
(c) (i) The account shall earn interest or other earnings.
(ii) The Division of Finance shall deposit interest or other earnings derived from the
investment of account funds into the account.
(d) Upon appropriation from the Legislature, money from the account shall be used to
fund the Prison Project Fund created in Subsection (7).
(7) (a) There is created a capital projects fund known as the "Prison Project Fund."
(b) The fund consists of:
(i) money appropriated to the fund by the Legislature; and
(ii) proceeds from the issuance of bonds authorized in Section 
63B-25-101
 to provide
funding for the prison project.
(c) (i) The fund shall earn interest or other earnings.
(ii) The Division of Finance shall deposit interest or other earnings derived from the
investment of fund money into the fund.
(d) Money in the fund shall be used by the division to fund the prison project.
Section 127. Section 
63A-14-202
 is amended to read:
63A-14-202.
Independent Executive Branch Ethics Commission -- Membership.
(1) (a) There is created the Independent Executive Branch Ethics Commission,
consisting of the following five members appointed by the governor, each of whom shall be
registered to vote in the state at the time of appointment:
(i) two members who served:
(A) as elected officials in state government no more recently than four years before the
day on which the member is appointed; or
(B) in a management position in the state executive branch no more recently than four
years before the day on which the member is appointed;
(ii) one member who:
(A) has served, but no longer actively serves, as a judge of a court in the state; or
(B) is a licensed attorney in the state and is not, and has not been, a judge; and
(iii) two citizen members.
(b) The governor shall make appointments to the commission as follows:
(i) each executive branch elected official, other than the governor, shall select, and
provide to the governor, at least two names for potential appointment to one of the membership
positions described in Subsection (1)(a);
(ii) the governor shall determine which of the executive branch elected officials
described in Subsection (1)(b)(i) shall select names for which membership position;
(iii) the governor shall appoint to the commission one of the names provided by each
executive branch elected official described in Subsection (1)(b)(i);
(iv) the governor shall directly appoint the remaining member of the commission; and
(v) if an executive branch elected official fails to submit names to the governor within
15 days after the day on which the governor makes the determination described in Subsection
(1)(b)(ii), the governor shall directly appoint a person to fill the applicable membership
position.
(2) A member of the commission may not, during the member's term of office on the
commission, act or serve as:
(a) an officeholder as defined in Section 
20A-11-101
;
(b) an agency head as defined in Section 
67-16-3
;
(c) a lobbyist as defined in [
Section 
36-11-102
 or 
36-11a-102
] 
Sections 
11-65-101
 and
67-1c-101
;
(d) a principal as defined in [
Section 
36-11-102
 or 
36-11a-102
] 
Sections 
11-65-101
and 
67-1c-101
; or
(e) an employee of the state.
(3) (a) Except as provided in Subsection (3)(b), each member of the commission shall
serve a four-year term.
(b) The governor shall set the first term of two of the members of the commission at
two years, so that approximately half of the commission is appointed, or reappointed, every
two years.
(c) When a vacancy occurs in the commission's membership for any reason, the
governor shall appoint a replacement member for the unexpired term of the vacating member,
in accordance with Subsection (1).
(d) The governor may not appoint a member to serve more than two full terms, whether
those terms are two or four years.
(e) (i) The governor, or a majority of the commission, may remove a member from the
commission only for cause.
(ii) The governor may not remove a member from the commission during any period of
time when the commission is investigating or considering a complaint alleging an ethics
violation against the governor or lieutenant governor.
(f) If a commission member determines that the commission member has a conflict of
interest in relation to a complaint, the remaining members of the commission shall appoint an
individual to serve in that member's place for the purpose of reviewing that complaint.
(4) (a) A member of the commission may not receive compensation or benefits for the
member's service, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
 and 
63A-3-107
.
(b) A member may decline to receive per diem and expenses for the member's service.
(5) (a) The commission members shall convene a meeting annually each January and
elect, by majority vote, a chair from among the commission members.
(b) An individual may not serve as chair for more than two consecutive years.
(6) The commission:
(a) is an independent entity established within the department for budgetary and
general administrative purposes only; and
(b) is not under the direction or control of the department, the executive director, or
any other officer or employee of the department.
Section 128. Section 
63A-15-201
 is amended to read:
63A-15-201.
Commission established -- Membership.
(1) There is established a Political Subdivisions Ethics Review Commission.
(2) The commission is composed of seven individuals, each of whom is registered to
vote in this state and appointed by the governor with the advice and consent of the Senate, as
follows:
(a) one member who has served, but no longer serves, as a judge of a court of record in
this state;
(b) one member who has served as a mayor or municipal council member no more
recently than four years before the date of appointment;
(c) one member who has served as a member of a local board of education no more
recently than four years before the date of appointment;
(d) two members who are lay persons; and
(e) two members, each of whom is one of the following:
(i) a municipal mayor no more recently than four years before the date of appointment;
(ii) a municipal council member no more recently than four years before the date of
appointment;
(iii) a county mayor no more recently than four years before the date of appointment;
(iv) a county commissioner no more recently than four years before the date of
appointment;
(v) a special service district administrative control board member no more recently
than four years before the date of appointment;
(vi) a local district board of trustees member no more recently than four years before
the date of appointment; or
(vii) a judge who has served, but no longer serves, as a judge of a court of record in
this state.
(3) (a) A member of the commission may not, during the member's term of office on
the commission, act or serve as:
(i) a political subdivision officer;
(ii) a political subdivision employee;
(iii) an agency head as defined in Section 
67-16-3
;
(iv) a lobbyist as defined in [
Section 
36-11-102
 or 
36-11a-102
] 
Sections 
11-65-101
 and
67-1c-101
; or
(v) a principal as defined in [
Section 
36-11-102
 or 
36-11a-102
] 
Sections 
11-65-101
and 
67-1c-101
.
(b) In addition to the seven members described in Subsection (2), the governor shall,
with the advice and consent of the Senate, appoint one individual as an alternate member of the
commission who:
(i) may be a lay person;
(ii) shall be registered to vote in the state; and
(iii) complies with the requirements described in Subsection (3)(a).
(c) The alternate member described in Subsection (3)(b):
(i) shall serve as a member of the commission in the place of one of the seven members
described in Subsection (2) if that member is temporarily unable or unavailable to participate in
a commission function or is disqualified under Section 
63A-15-303
; and
(ii) may not cast a vote on the commission unless the alternate member is serving in
the capacity described in Subsection (3)(c)(i).
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), each member of the commission
shall serve a four-year term.
(ii) When appointing the initial members upon formation of the commission, a member
described in Subsections (2)(b) through (d) shall be appointed to a two-year term so that
approximately half of the commission is appointed every two years.
(b) (i) When a vacancy occurs in the commission's membership for any reason, a
replacement member shall be appointed for the unexpired term of the vacating member using
the procedures and requirements of Subsection (2).
(ii) For the purposes of this section, an appointment for an unexpired term of a
vacating member is not considered a full term.
(c) A member may not be appointed to serve for more than two full terms, whether
those terms are two or four years.
(d) A member of the commission may resign from the commission by giving one
month's written notice of the resignation to the governor.
(e) The governor shall remove a member from the commission if the member:
(i) is convicted of, or enters a plea of guilty to, a crime involving moral turpitude;
(ii) enters a plea of no contest or a plea in abeyance to a crime involving moral
turpitude; or
(iii) fails to meet the qualifications of office as provided in this section.
(f) (i) If a commission member is accused of wrongdoing in a complaint, or if a
commission member has a conflict of interest in relation to a matter before the commission:
(A) the alternate member described in Subsection (3)(b) shall serve in the member's
place for the purposes of reviewing the complaint; or
(B) if the alternate member has already taken the place of another commission member
or is otherwise not available, the commission shall appoint another individual to temporarily
serve in the member's place for the purposes of reviewing the complaint.
(ii) An individual appointed by the commission under Subsection (4)(f)(i)(B):
(A) is not required to be confirmed by the Senate;
(B) may be a lay person;
(C) shall be registered to vote in the state; and
(D) shall comply with Subsection (3)(a).
(5) (a) Except as provided in Subsection (5)(b)(i), a member of the commission may
not receive compensation or benefits for the member's service.
(b) (i) A member may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
 and 
63A-3-107
.
(ii) A member may decline to receive per diem and expenses for the member's service.
(6) The commission members shall, by a majority vote, elect a commission chair from
among the commission members.
Section 129. Section 
63A-17-301
 is amended to read:
63A-17-301.
Career service -- Exempt positions -- Schedules for civil service
positions -- Coverage of career service provisions.
(1) Except as otherwise provided by law or by rules and regulations established for
federally aided programs, the following positions are exempt from the career service provisions
of this chapter and are designated under the following schedules:
(a) schedule AA includes the governor, members of the Legislature, and all other
elected state officers;
(b) schedule AB includes appointed executives and board or commission executives
enumerated in Section 
67-22-2
;
(c) schedule AC includes all employees and officers in:
(i) the office and at the residence of the governor;
(ii) the Public Lands Policy Coordinating Office;
(iii) the Office of the State Auditor; and
(iv) the Office of the State Treasurer;
(d) schedule AD includes employees who:
(i) are in a confidential relationship to an agency head or commissioner; and
(ii) report directly to, and are supervised by, a department head, commissioner, or
deputy director of an agency or its equivalent;
(e) schedule AE includes each employee of the State Board of Education that the State
Board of Education designates as exempt from the career service provisions of this chapter;
(f) schedule AG includes employees in the Office of the Attorney General who are
under their own career service pay plan under Sections 
67-5-7
 through 
67-5-13
;
(g) schedule AH includes:
(i) teaching staff of all state institutions; and
(ii) employees of the Utah Schools for the Deaf and the Blind who are:
(A) educational interpreters as classified by the division; or
(B) educators as defined by Section 
53E-8-102
;
(h) schedule AN includes employees of the Legislature;
(i) schedule AO includes employees of the judiciary;
(j) schedule AP includes all judges in the judiciary;
(k) schedule AQ includes:
(i) members of state and local boards and councils appointed by the governor and
governing bodies of agencies;
(ii) a water commissioner appointed under Section 
73-5-1
;
(iii) other local officials serving in an ex officio capacity; and
(iv) officers, faculty, and other employees of state universities and other state
institutions of higher education;
(l) schedule AR includes employees in positions that involve responsibility:
(i) for determining policy;
(ii) for determining the way in which a policy is carried out; or
(iii) of a type not appropriate for career service, as determined by the agency head with
the concurrence of the director;
(m) schedule AS includes any other employee:
(i) whose appointment is required by statute to be career service exempt;
(ii) whose agency is not subject to this chapter; or
(iii) whose agency has authority to make rules regarding the performance,
compensation, and bonuses for its employees;
(n) schedule AT includes employees of the Division of Technology Services,
designated as executive/professional positions by the director of the Division of Technology
Services with the concurrence of the director of the division;
(o) schedule AU includes patients and inmates employed in state institutions;
(p) employees of the Department of Workforce Services, designated as schedule AW:
(i) who are temporary employees that are federally funded and are required to work
under federally qualified merit principles as certified by the director; or
(ii) for whom substantially all of their work is repetitive, measurable, or transaction
based, and who voluntarily apply for and are accepted by the Department of Workforce
Services to work in a pay for performance program designed by the Department of Workforce
Services with the concurrence of the director of the division; and
(q) for employees in positions that are temporary, seasonal, time limited, funding
limited, or variable hour in nature, under schedule codes and parameters established by the
division by administrative rule.
(2) The civil service shall consist of two schedules as follows:
(a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
(ii) Removal from any appointive position under schedule A, unless otherwise
regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
(b) Schedule B is the competitive career service schedule, consisting of:
(i) all positions filled through competitive selection procedures as defined by the
director; or
(ii) positions filled through a division approved on-the-job examination intended to
appoint a qualified person with a disability, or a veteran in accordance with Title 71, Chapter
10, Veterans Preference.
(3) (a) The director, after consultation with the heads of concerned executive branch
departments and agencies and with the approval of the governor, shall allocate positions to the
appropriate schedules under this section.
(b) Agency heads shall make requests and obtain approval from the director before
changing the schedule assignment and tenure rights of any position.
(c) Unless the director's decision is reversed by the governor, when the director denies
an agency's request, the director's decision is final.
(4) (a) Compensation for employees of the Legislature shall be established by the
directors of the legislative offices in accordance with Section [
36-12-7
] 
36-3a-202
.
(b) Compensation for employees of the judiciary shall be established by the state court
administrator in accordance with Section 
78A-2-107
.
(c) Compensation for officers, faculty, and other employees of state universities and
institutions of higher education shall be established as provided in Title 53B, Chapter 1,
Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
Higher Education.
(d) Unless otherwise provided by law, compensation for all other schedule A
employees shall be established by their appointing authorities, within ranges approved by, and
after consultation with the director.
(5) An employee who is in a position designated schedule AC and who holds career
service status on June 30, 2010, shall retain the career service status if the employee:
(a) remains in the position that the employee is in on June 30, 2010; and
(b) does not elect to convert to career service exempt status in accordance with a rule
made by the division.
Section 130. Section 
63B-25-101
 is amended to read:
63B-25-101.
General obligation bonds for prison project -- Maximum amount --
Use of proceeds.
(1) As used in this section:
(a) "Prison project" means the same as that term is defined in Section 
63A-5b-1107
.
(b) "Prison project fund" means the capital projects fund created in Subsection
63A-5b-1107
(7).
(2) The commission may issue general obligation bonds as provided in this section.
(3) (a) The total amount of bonds to be issued under this section may not exceed
$570,000,000 for acquisition and construction proceeds, plus additional amounts necessary to
pay costs of issuance, to pay capitalized interest, and to fund any existing debt service reserve
requirements, with the total amount of the bonds not to exceed $575,700,000.
(b) The maturity of bonds issued under this section may not exceed 10 years.
(4) The commission shall ensure that proceeds from the issuance of bonds under this
section are deposited into the Prison Project Fund for use by the division to pay all or part of
the cost of the prison project, including:
(a) interest estimated to accrue on the bonds authorized in this section until the
completion of construction of the prison project, plus a period of 12 months after the end of
construction; and
(b) all related engineering, architectural, and legal fees.
(5) (a) The division may enter into agreements related to the prison project before the
receipt of proceeds of bonds issued under this section.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Prison Project Fund.
(c) The division shall reimburse the Prison Project Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The state intends to use proceeds of tax-exempt bonds to reimburse itself for
expenditures for costs of the prison project.
(6) Before issuing bonds authorized under this section, the commission shall request
and consider a recommendation from the Legislative Management Committee, created in
Section [
36-12-6
] 
36-3a-201
, regarding the timing and amount of the issuance.
Section 131. Section 
63C-9-301
 is amended to read:
63C-9-301.
Board powers -- Subcommittees.
(1) The board shall:
(a) except as provided in Subsection (2), exercise complete jurisdiction and
stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
(b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
capitol hill grounds, and their contents;
(c) before October 1 of each year, review and approve the executive director's annual
budget request for submittal to the governor and Legislature;
(d) by October 1 of each year, prepare and submit a recommended budget request for
the upcoming fiscal year for the capitol hill complex to:
(i) the governor, through the Governor's Office of Planning and Budget; and
(ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
through the Office of the Legislative Fiscal Analyst;
(e) review and approve the executive director's:
(i) annual work plan;
(ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
capitol hill grounds; and
(iii) furnishings plan for placement and care of objects under the care of the board;
(f) approve all changes to the buildings and their grounds, including:
(i) restoration, remodeling, and rehabilitation projects;
(ii) usual maintenance program; and
(iii) any transfers or loans of objects under the board's care;
(g) define and identify all significant aspects of the capitol hill complex, capitol hill
facilities, and capitol hill grounds, after consultation with the:
(i) Division of Facilities Construction and Management;
(ii) State Library Division;
(iii) Division of Archives and Records Service;
(iv) Division of State History;
(v) Office of Museum Services; and
(vi) Arts Council;
(h) inventory, define, and identify all significant contents of the buildings and all
state-owned items of historical significance that were at one time in the buildings, after
consultation with the:
(i) Division of Facilities Construction and Management;
(ii) State Library Division;
(iii) Division of Archives and Records Service;
(iv) Division of State History;
(v) Office of Museum Services; and
(vi) Arts Council;
(i) maintain archives relating to the construction and development of the buildings, the
contents of the buildings and their grounds, including documents such as plans, specifications,
photographs, purchase orders, and other related documents, the original copies of which shall
be maintained by the Division of Archives and Records Service;
(j) comply with federal and state laws related to program and facility accessibility; and
(k) establish procedures for receiving, hearing, and deciding complaints or other issues
raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
use.
(2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative
area, as defined in [
Section 
36-5-1
] 
Title 36, Chapter 2a, Part 5, Legislative Area on Capitol
Hill
, is reserved to the Legislature; and
(b) the supervision and control of the governor's area, as defined in Section 
67-1-16
, is
reserved to the governor.
(3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
complex, capitol hill facilities, and capitol hill grounds by following the procedures and
requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) A violation of a rule relating to the use of the capitol hill complex adopted by the
board under the authority of this Subsection (3) is an infraction.
(c) If an act violating a rule under Subsection (3)(b) also amounts to an offense subject
to a greater penalty under this title, Title 32B, Alcoholic Beverage Control Act, Title 41, Motor
Vehicles, Title 76, Utah Criminal Code, or other provision of state law, Subsection (3)(b) does
not prohibit prosecution and sentencing for the more serious offense.
(d) In addition to any punishment allowed under Subsections (3)(b) and (c), a person
who violates a rule adopted by the board under the authority of this Subsection (3) is subject to
a civil penalty not to exceed $2,500 for each violation, plus the amount of any actual damages,
expenses, and costs related to the violation of the rule that are incurred by the state.
(e) The board may take any other legal action allowed by law.
(f) The board may not apply this section or rules adopted under the authority of this
section in a manner that violates a person's rights under the Utah Constitution or the First
Amendment to the United States Constitution, including the right of persons to peaceably
assemble.
(g) The board shall send proposed rules under this section to the legislative general
counsel and the governor's general counsel for review and comment before the board adopts the
rules.
(4) The board is exempt from the requirements of Title 63G, Chapter 6a, Utah
Procurement Code, but shall adopt procurement rules substantially similar to the requirements
of that chapter.
(5) The board shall name:
(a) the House Building, that is defined in Section [
36-5-1
] 
36-2a-401
, the "Rebecca D.
Lockhart House Building"; and
(b) committee room 210 in the Senate Building, that is defined in Section [
36-5-1
]
36-2a-401
, the "Allyson W. Gamble Committee Room[
"
].
"
(6) (a) The board may:
(i) establish subcommittees made up of board members and members of the public to
assist and support the executive director in accomplishing the executive director's duties;
(ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
(iii) assign and allocate specific duties and responsibilities to any other state agency, if
the other agency agrees to perform the duty or accept the responsibility;
(iv) contract with another state agency to provide services;
(v) delegate by specific motion of the board any authority granted to it by this section
to the executive director;
(vi) in conjunction with Salt Lake City, expend money to improve or maintain public
property contiguous to East Capitol Boulevard and capitol hill;
(vii) provide wireless Internet service to the public without a fee in any capitol hill
facility; and
(viii) when necessary, consult with the:
(A) Division of Facilities Construction and Management;
(B) State Library Division;
(C) Division of Archives and Records Service;
(D) Division of State History;
(E) Office of Museum Services; and
(F) Arts Council.
(b) The board's provision of wireless Internet service under Subsection (6)(a)(vii) shall
be discontinued in the legislative area if the president of the Senate and the speaker of the
House of Representatives each submit a signed letter to the board indicating that the service is
disruptive to the legislative process and is to be discontinued.
(c) If a budget subcommittee is established by the board, the following shall serve as ex
officio, nonvoting members of the budget subcommittee:
(i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
of the Legislative Fiscal Analyst; and
(ii) the executive director of the Governor's Office of Planning and Budget, or the
executive director's designee, who shall be from the Governor's Office of Planning and Budget.
(d) If a preservation and maintenance subcommittee is established by the board, the
board may, by majority vote, appoint one or each of the following to serve on the
subcommittee as voting members of the subcommittee:
(i) an architect, who shall be selected from a list of three architects submitted by the
American Institute of Architects; or
(ii) an engineer, who shall be selected from a list of three engineers submitted by the
American Civil Engineers Council.
(e) If the board establishes any subcommittees, the board may, by majority vote,
appoint up to two people who are not members of the board to serve, at the will of the board, as
nonvoting members of a subcommittee.
(f) Members of each subcommittee shall, at the first meeting of each calendar year,
select one individual to act as chair of the subcommittee for a one-year term.
(7) (a) The board, and the employees of the board, may not move the office of the
governor, lieutenant governor, president of the Senate, speaker of the House of
Representatives, or a member of the Legislature from the State Capitol unless the removal is
approved by:
(i) the governor, in the case of the governor's office;
(ii) the lieutenant governor, in the case of the lieutenant governor's office;
(iii) the president of the Senate, in the case of the president's office or the office of a
member of the Senate; or
(iv) the speaker of the House of Representatives, in the case of the speaker's office or
the office of a member of the House 
of Representatives
.
(b) The board and the employees of the board have no control over the furniture,
furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
members of the Legislature except as necessary to inventory or conserve items of historical
significance owned by the state.
(c) The board and the employees of the board have no control over records and
documents produced by or in the custody of a state agency, official, or employee having an
office in a building on the capitol hill complex.
(d) Except for items identified by the board as having historical significance, and
except as provided in Subsection (7)(b), the board and the employees of the board have no
control over moveable furnishings and equipment in the custody of a state agency, official, or
employee having an office in a building on the capitol hill complex.
Section 132. Section 
63C-9-402
 is amended to read:
63C-9-402.
Executive director -- Duties.
The executive director shall:
(1) develop, for board approval, a master plan with a projection of at least 20 years
concerning the stewardship responsibilities, operation, activities, maintenance, preservation,
restoration, and modification of the capitol hill complex, capitol hill facilities, and capitol hill
grounds, including, if directed by the board, a plan to restore the buildings to their original
architecture;
(2) develop, as part of the master plan submitted for board approval, a furnishings plan
for the placement and care of objects under the care of the board;
(3) prepare, and recommend for board approval, an annual budget and work plan, that
is consistent with the master plan, for all work to be performed under this chapter, including
usual operations and maintenance and janitorial and preventative maintenance for the capitol
hill complex, capitol hill facilities, capitol hill grounds, and their contents;
(4) develop an operations, maintenance, and janitorial program for the capitol hill
complex, capitol hill facilities, capitol hill grounds, and their contents;
(5) develop a program to purchase or accept by donation, permanent loan, or outside
funding items necessary to implement the master plan;
(6) develop and maintain a registration system and inventory of the contents of the
capitol hill facilities and capitol hill grounds and of the original documents relating to the
buildings' construction and alteration;
(7) develop a program to purchase or accept by donation, permanent loan, or outside
funding items of historical significance that were at one time in the capitol hill facilities and
that are not owned by the state;
(8) develop a program to locate and acquire state-owned items of historical
significance that were at one time in the buildings;
(9) develop a collections policy regarding the items of historic significance as
identified in the registration system and inventory for the approval of the board;
(10) assist in matters dealing with the preservation of historic materials;
(11) make recommendations on conservation needs and make arrangements to contract
for conservation services for objects of significance;
(12) make recommendations for the transfer or loan of objects of significance as
detailed in the approved collections policy;
(13) make recommendations to transfer, sell, or otherwise dispose of unused surplus
property that is not of significance as defined in the collections policy and by the registration
system;
(14) approve all art and exhibits placed on capitol hill after board approval;
(15) employ staff to assist him in administering this chapter and direct and coordinate
their activities;
(16) contract for professional services of qualified consultants, including architectural
historians, landscape architects with experience in landscape architectural preservation,
conservators, historians, historic architects, engineers, artists, exhibit designers, and craftsmen;
(17) prepare annually a complete and detailed written report for the board that accounts
for all funds received and disbursed by the board during the preceding fiscal year;
(18) develop and manage a visitor services program for capitol hill which shall include
public outreach programs, public tours, events, and communication and public relation
services; and
(19) manage and organize all transit and parking programs on the capitol hill complex,
except that:
(a) the Legislative Management Committee shall direct the executive director's
management and organization of transit and parking associated with the legislative area as
defined in Section [
36-5-1
] 
36-2a-401
; and
(b) the governor shall direct the executive director's management and organization of
transit and parking associated with the governor's area as defined in Section 
67-1-16
.
Section 133. Section 
63E-1-401
 is amended to read:
63E-1-401.
Definitions.
As used in this part:
(1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
includes:
(a) cash, except reasonable compensation or salary for services rendered;
(b) stock or other investments;
(c) goodwill;
(d) real property;
(e) an ownership interest;
(f) a license;
(g) a cause of action; and
(h) any similar property.
(2) "Business interest" means:
(a) holding the position of trustee, director, officer, or other similar position with a
business entity; or
(b) the ownership, either legally or equitably, of at least 10% of the outstanding shares
of a corporation or 10% interest in any other business entity, being held by:
(i) an individual;
(ii) the individual's spouse;
(iii) a minor child of the individual; or
(iv) any combination of Subsections (2)(b)(i) through (iii).
(3) "Interested party" means a person that held or holds the position of trustee, director,
officer, or other similar position with an independent entity within:
(a) five years prior to the date of an action described in Subsection (5); or
(b) during the privatization of an independent entity.
(4) "Lobbyist" is a person that provided or provides services as a lobbyist, as defined in
[
Section 
36-11-102
 or 
36-11a-102
] 
Sections 
11-65-101
 and 
67-1c-101
, within:
(a) five years prior to the date of an action described in Subsection (5); or
(b) during the privatization of an independent entity.
(5) (a) "Privatized" means an action described in Subsection (5)(b) taken under
circumstances in which the operations of the independent entity are continued by a successor
entity that:
(i) is privately owned;
(ii) is unaffiliated to the state; and
(iii) receives any asset of the independent entity.
(b) An action referred to in Subsection (5)(a) includes:
(i) the repeal of the authorizing statute of an independent entity and the revision to state
laws to terminate the relationship between the state and the independent entity;
(ii) the dissolution of the independent entity;
(iii) the merger or consolidation of the independent entity with another entity; or
(iv) the sale of all or substantially all of the assets of the independent entity.
Section 134. Section 
63E-1-404
 is amended to read:
63E-1-404.
Penalties for violation.
(1) A person who knowingly violates this part:
(a) is guilty of a third degree felony if the combined value of any compensation or
assets received by the person as a result of the violation is equal to or greater than $10,000; or
(b) is guilty of a class A misdemeanor if the combined value of any compensation or
assets received by the person as a result of the violation is less than $10,000.
(2) (a) In addition to any penalty imposed under Subsection (1), a person that violates
this part shall return to the successor of the independent entity any compensation or assets
received in violation of this part.
(b) If the assets received by the person in violation of this part are no longer in the
possession of the person, the person shall pay the successor of the independent entity an
amount equal to the fair market value of the asset at the time the person received the asset.
(3) Notwithstanding Subsections [
36-11-401
(3) and 
36-11a-301
(3)
] 
11-65-101
(3) and
67-1c-501
(3)
, if a lobbyist violates Subsection 
63E-1-402
(2)(b)(i), the lobbyist is guilty of the
crime outlined in Subsection (1), which crime shall be determined by the value of
compensation or assets received by the lobbyist.
Section 135. Section 
63E-2-104
 is amended to read:
63E-2-104.
Legislative review.
(1) Each independent corporation is subject to review by the Retirement and
Independent Entities Committee in accordance with Chapter 1, Independent Entities Act.
(2) Notwithstanding Section [
36-12-15
] 
36-4a-301
, the Office of Legislative Auditor
General may conduct comprehensive and special purpose audits, examinations, and reviews of
any independent corporation.
(3) Each independent corporation shall report, as requested, to the committee on
matters related to audits.
Section 136. Section 
63G-2-305
 is amended to read:
63G-2-305.
Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 
13-24-2
 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 
63G-2-309
;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access
than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with
the information specified in Section 
63G-2-309
;
(3) commercial or financial information acquired or prepared by a governmental entity
to the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 
11-13-103
(4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records, the disclosure of which would impair governmental procurement
proceedings or give an unfair advantage to any person proposing to enter into a contract or
agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
Subsection (6) does not restrict the right of a person to have access to, after the contract or
grant has been awarded and signed by all parties:
(a) a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i) an invitation for bids;
(ii) a request for proposals;
(iii) a request for quotes;
(iv) a grant; or
(v) other similar document; or
(b) an unsolicited proposal, as defined in Section 
63G-6a-712
;
(7) information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
the right of a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b) (i) a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii) at least two years have passed after the day on which the request for information is
issued;
(8) records that would identify real property or the appraisal or estimated value of real
or personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's estimated value
of the property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 
78B-6-505
;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
of the subject property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not
generally known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an
individual;
(12) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft,
or other appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Human Services that are based on the
employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit
until the final audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
quasi-judicial, or administrative proceeding;
(19) (a) (i) personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
legislative action or policy may not be classified as protected under this section; and
(b) (i) an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
legislation or contemplated course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator
asks that the records requesting the legislation be maintained as protected records until such
time as the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
in response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or
biological resources that if known would jeopardize the security of those resources or of
valuable historic, scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would
conflict with the fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in
Section 
53B-1-102
 regarding tenure evaluations, appointments, applications for admissions,
retention decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected
those policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure
if retained by it;
(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section 
52-4-206
;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered
by or requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an
institution within the state system of higher education defined in Section 
53B-1-102
, and other
information concerning the donation that could reasonably be expected to reveal the identity of
the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in
Section 
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 
41-6a-404
, 
41-12a-202
, and
73-18-13
;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40) (a) the following records of an institution within the state system of higher
education defined in Section 
53B-1-102
, which have been developed, discovered, disclosed to,
or received by or on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(I) the institution within the state system of higher education defined in Section
53B-1-102
; or
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
information required pursuant to Subsection 
53B-16-302
(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of the Legislative Auditor
General that would reveal the name of a particular legislator who requests a legislative audit
prior to the date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that
the records in the custody or control of the Office of the Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information:
(a) contained in the statewide database of the Division of Aging and Adult Services
created by Section 
62A-3-311.1
; or
(b) received or maintained in relation to the Identity Theft Reporting Information
System (IRIS) established under Section 
67-5-22
;
(44) information contained in the Licensing Information System described in Title
62A, Chapter 4a, Child and Family Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement
agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
Secondhand Merchandise Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of
which would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency
Management information;
(49) records of the Department of Agriculture and Food that provides for the
identification, tracing, or control of livestock diseases, including any program established under
Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
of Animal Disease;
(50) as provided in Section 
26-39-501
:
(a) information or records held by the Department of Health related to a complaint
regarding a child care program or residential child care which the department is unable to
substantiate; and
(b) information or records related to a complaint received by the Department of Health
from an anonymous complainant regarding a child care program or residential child care;
(51) unless otherwise classified as public under Section 
63G-2-301
 and except as
provided under Section 
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a) the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone number
where the candidate may be contacted:
(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section 
20A-9-201
, 
20A-9-202
, 
20A-9-203
, 
20A-9-404
, 
20A-9-405
, 
20A-9-408
,
20A-9-408.5
, 
20A-9-502
, or 
20A-9-601
;
(b) an affidavit of impecuniosity, described in Section 
20A-9-201
; or
(c) a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53) the name, home address, work addresses, and telephone numbers of an individual
that is engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section
53B-1-102
; and
(b) conducted using animals;
(54) in accordance with Section 
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote on whether or not to
recommend that the voters retain a judge including information disclosed under Subsection
78A-12-203
(5)(e);
(55) information collected and a report prepared by the Judicial Performance
Evaluation Commission concerning a judge, unless Section 
20A-7-702
 or Title 78A, Chapter
12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
the information or report;
(56) records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section 
63L-11-202
;
(57) information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58) in accordance with Section 
73-10-33
:
(a) a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
(59) the following records in the custody or control of the Office of Inspector General
of Medicaid Services, created in Section 
63A-13-201
:
(a) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information or
allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
through other documents or evidence, and the records relating to the allegation are not relied
upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
report or final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the existence of any
Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected;
(c) before the time that an investigation or audit is completed and the final
investigation or final audit report is released, records or drafts circulated to a person who is not
an employee or head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey
plan, or audit program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(60) records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
abuse;
(61) information provided to the Department of Health or the Division of Occupational
and Professional Licensing under Subsections 
58-67-304
(3) and (4) and Subsections
58-68-304
(3) and (4);
(62) a record described in Section 
63G-12-210
;
(63) captured plate data that is obtained through an automatic license plate reader
system used by a governmental entity as authorized in Section 
41-6a-2003
;
(64) any record in the custody of the Utah Office for Victims of Crime relating to a
victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to,
evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
Reparations Fund;
(65) an audio or video recording created by a body-worn camera, as that term is
defined in Section 
77-7a-103
, that records sound or images inside a hospital or health care
facility as those terms are defined in Section 
78B-3-403
, inside a clinic of a health care
provider, as that term is defined in Section 
78B-3-403
, or inside a human service program as
that term is defined in Section 
62A-2-101
, except for recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against
a law enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(f); or
(e) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording; 
(66) a record pertaining to the search process for a president of an institution of higher
education described in Section 
53B-2-102
, except for application materials for a publicly
announced finalist;
(67) an audio recording that is:
(a) produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating an
individual with a life-threatening condition;
(b) produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder service:
(i) is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii) uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c) intended and used for purposes of training emergency responders how to improve
their response to an emergency situation; 
(68) records submitted by or prepared in relation to an applicant seeking a
recommendation by the Research and General Counsel Subcommittee, the Budget
Subcommittee, or the Audit Subcommittee, established under Section [
36-12-8
] 
36-3a-301
, for
an employment position with the Legislature;
(69) work papers as defined in Section 
31A-2-204
;
(70) a record made available to Adult Protective Services or a law enforcement agency
under Section 
61-1-206
;
(71) a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(72) a record described in Section 
31A-37-503
;
(73) any record created by the Division of Occupational and Professional Licensing as
a result of Subsection 
58-37f-304
(5) or 
58-37f-702
(2)(a)(ii);
(74) a record described in Section 
72-16-306
 that relates to the reporting of an injury
involving an amusement ride;
(75) except as provided in Subsection 
63G-2-305.5
(1), the signature of an individual
on a political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a) Title 10, Utah Municipal Code;
(b) Title 17, Counties;
(c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(e) Title 20A, Election Code;
(76) except as provided in Subsection 
63G-2-305.5
(2), the signature of an individual in
a voter registration record;
(77) except as provided in Subsection 
63G-2-305.5
(3), any signature, other than a
signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
(78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
5, Victims Guidelines for Prosecutors Act;
(79) a record submitted to the Insurance Department under Subsection
31A-48-103
(1)(b);
(80) personal information, as defined in Section 
63G-26-102
, to the extent disclosure is
prohibited under Section 
63G-26-103
;
(81) (a) an image taken of an individual during the process of booking the individual
into jail, unless:
(i) the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(ii) a law enforcement agency releases or disseminates the image after determining
that:
(A) the individual is a fugitive or an imminent threat to an individual or to public
safety; and
(B) releasing or disseminating the image will assist in apprehending the individual or
reducing or eliminating the threat; or
(iii) a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest[
.
]
;
(82) a record:
(a) concerning an interstate claim to the use of waters in the Colorado River system;
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
; and
(c) the disclosure of which would:
(i) reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado River
system; or
(iii) give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system; and
(83) any part of an application described in Section 
63N-16-201
 that the Governor's
Office of Economic Opportunity determines is nonpublic, confidential information that if
disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
not be used to restrict access to a record evidencing a final contract or approval decision.
Section 137. Section 
63G-3-501
 is amended to read:
63G-3-501.
Administrative Rules Review Committee.
(1) (a) There is created an Administrative Rules Review Committee of the following
10 permanent members:
(i) five members of the Senate appointed by the president of the Senate, no more than
three of whom may be from the same political party; and
(ii) five members of the House of Representatives appointed by the speaker of the
House of Representatives, no more than three of whom may be from the same political party.
(b) Each permanent member shall serve:
(i) for a two-year term; or
(ii) until the permanent member's successor is appointed.
(c) (i) A vacancy exists when a permanent member ceases to be a member of the
Legislature, or when a permanent member resigns from the committee.
(ii) When a vacancy exists:
(A) if the departing member is a member of the Senate, the president of the Senate
shall appoint a member of the Senate to fill the vacancy; or
(B) if the departing member is a member of the House of Representatives, the speaker
of the House of Representatives shall appoint a member of the House of Representatives to fill
the vacancy.
(iii) The newly appointed member shall serve the remainder of the departing member's
unexpired term.
(d) (i) The president of the Senate shall designate a member of the Senate appointed
under Subsection (1)(a)(i) as a cochair of the committee.
(ii) The speaker of the House of Representatives shall designate a member of the
House of Representatives appointed under Subsection (1)(a)(ii) as a cochair of the committee.
(e) Three representatives and three senators from the permanent members are a quorum
for the transaction of business at any meeting.
(f) (i) Subject to Subsection (1)(f)(ii), the committee shall meet at least once each
month to review new agency rules, amendments to existing agency rules, and repeals of
existing agency rules.
(ii) The committee chairs may suspend the meeting requirement described in
Subsection (1)(f)(i) at the committee chairs' discretion.
(2) The office shall submit a copy of each issue of the bulletin to the committee.
(3) (a) The committee shall exercise continuous oversight of the rulemaking process.
(b) The committee shall examine each rule, including any rule made according to the
emergency rulemaking procedure described in Section 
63G-3-304
, submitted by an agency to
determine:
(i) whether the rule is authorized by statute;
(ii) whether the rule complies with legislative intent;
(iii) the rule's impact on the economy and the government operations of the state and
local political subdivisions;
(iv) the rule's impact on affected persons;
(v) the rule's total cost to entities regulated by the state;
(vi) the rule's benefit to the citizens of the state; and
(vii) whether adoption of the rule requires legislative review or approval.
(c) The committee may examine and review:
(i) any executive order issued pursuant to Title 53, Chapter 2a, Part 2, Disaster
Response and Recovery Act; or
(ii) any public health order issued during a public health emergency declared in
accordance with Title 26, Utah Health Code, or Title 26A, Local Health Authorities.
(d) (i) To carry out these duties, the committee may examine any other issues that the
committee considers necessary.
(ii) The committee may also notify and refer rules to the chairs of the interim
committee that has jurisdiction over a particular agency when the committee determines that an
issue involved in an agency's rules may be more appropriately addressed by that committee.
(e) In reviewing a rule, the committee shall follow generally accepted principles of
statutory construction.
(4) When the committee reviews an existing rule, the committee chairs shall invite the
Senate and House chairs of the standing committee and of the appropriation subcommittee that
have jurisdiction over the agency whose existing rule is being reviewed to participate as
nonvoting, ex officio members with the committee.
(5) The committee may request that the Office of the Legislative Fiscal Analyst prepare
a fiscal note on any rule.
(6) In order to accomplish the committee's functions described in this chapter, the
committee has all the powers granted to legislative interim committees under Section
[
36-12-11
] 
36-3a-501
.
(7) (a) The committee may prepare written findings of the committee's review of a rule
or policy and may include any recommendation, including legislative action.
(b) When the committee reviews a rule, the committee shall provide to the agency that
enacted the rule:
(i) the committee's findings, if any; and
(ii) a request that the agency notify the committee of any changes the agency makes to
the rule.
(c) The committee shall provide a copy of the committee's findings, if any, to:
(i) any member of the Legislature, upon request;
(ii) any person affected by the rule, upon request;
(iii) the president of the Senate;
(iv) the speaker of the House of Representatives;
(v) the Senate and House chairs of the standing committee that has jurisdiction over the
agency that made the rule; and
(vi) the Senate and House chairs of the appropriation subcommittee that has
jurisdiction over the agency that made the rule.
(8) (a) (i) The committee may submit a report on the committee's review of state
agency rules to each member of the Legislature at each regular session.
(ii) The report shall include:
(A) any finding or recommendation the committee made under Subsection (7);
(B) any action an agency took in response to a committee recommendation; and
(C) any recommendation by the committee for legislation.
(b) If the committee receives a recommendation not to reauthorize a rule, as described
in Subsection 
63G-3-301
(13)(b), and the committee recommends to the Legislature
reauthorization of the rule, the committee shall submit a report to each member of the
Legislature detailing the committee's decision.
Section 138. Section 
63G-6a-107.8
 is amended to read:
63G-6a-107.8.
Building board report to legislative interim committee.
The building board shall make a report on or before July 1 of each year to a legislative
interim committee designated by the Legislative Management Committee, created under
Section [
36-12-6
] 
36-3a-201
, on the establishment, implementation, and enforcement of the
rules made by the building board under this chapter.
Section 139. Section 
63G-6a-204
 is amended to read:
63G-6a-204.
Applicability of rules of Utah State Procurement Policy Board and
State Building Board -- Report to interim committee.
(1) Except as provided in Subsection (2), rules made by the board under this chapter
shall govern all procurement units for which the board is the rulemaking authority.
(2) The building board rules governing procurement of construction, design
professional services, and leases apply to the procurement of construction, design professional
services, and leases of real property by the facilities division.
(3) A rulemaking authority may make its own rules, consistent with this chapter,
governing procurement by a person over which the rulemaking authority has rulemaking
authority.
(4) The board shall make a report on or before July 1 of each year to a legislative
interim committee, designated by the Legislative Management Committee created under
Section [
36-12-6
] 
36-3a-201
, on the establishment, implementation, and enforcement of the
rules made under Section 
63G-6a-203
.
Section 140. Section 
63G-12-210
 is amended to read:
63G-12-210.
Verification of valid permit -- Protected status of information.
(1) (a) The department shall develop a verification procedure by rule made in
accordance with Chapter 3, Utah Administrative Rulemaking Act, for a person who hires a
permit holder to verify with the department that the permit is valid as required by Section
63G-12-301
.
(b) The verification procedure adopted under this Subsection (1) shall:
(i) be substantially similar to the employer requirements to verify federal employment
status under the e-verify program; and
(ii) provide that an undocumented individual may appeal a determination that a permit
is invalid in accordance with Chapter 4, Administrative Procedures Act.
(2) 
(a)
 Subject to Section 
63G-12-212
, a record under this part is a protected record
under Chapter 2, Government Records Access and Management Act, except that a record may
not be shared under Section 
63G-2-206
[
, unless:
]
.
(b) Notwithstanding Subsection (2)(a), the department shall provide the following
protected records:
[
(a)
] 
(i) records
 requested by the Office of Legislative Auditor General in accordance
with Section [
36-12-15
] 
36-4a-303
;
[
(b)
] 
(ii) records
 disclosed to the State Tax Commission as provided in Subsection
63G-12-203
(2)(e)(vi); or
[
(c)
] 
(iii) records
 disclosed to a federal government entity in accordance with this part
or a waiver, exemption, or authorization described in Section 
63G-12-202
.
(3) The state is not liable to any person for:
(a) the design, implementation, or operation of a verification procedure under this part;
(b) the collection and disclosure of information as part of a verification procedure
under this part; or
(c) the determination that a permit is invalid.
Section 141. Section 
63G-23-102
 is amended to read:
63G-23-102.
Definitions.
As used in this chapter:
(1) "Public official" means the same as that term is defined in Section [
36-11-102
]
67-1c-101
.
(2) "Public official" includes a judge or justice of:
(a) the Utah Supreme Court;
(b) the Utah Court of Appeals; or
(c) a district court.
Section 142. Section 
63H-4-108
 is amended to read:
63H-4-108.
Relation to certain acts -- Participation in Risk Management Fund.
(1) The authority is exempt from:
(a) Title 51, Chapter 5, Funds Consolidation Act;
(b) Title 63A, Utah Government Operations Code;
(c) Title 63J, Chapter 1, Budgetary Procedures Act; and
(d) Title 63A, Chapter 17, Utah State Personnel Management Act.
(2) The authority is subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act;
(b) Section 
67-3-12
;
(c) Title 63G, Chapter 2, Government Records Access and Management Act; and
(d) Title 63G, Chapter 6a, Utah Procurement Code.
(3) The authority is subject to audit by the state auditor pursuant to Title 67, Chapter 3,
Auditor, and by the legislative auditor general pursuant to Section [
36-12-15
] 
36-4a-301
.
(4) Subject to the requirements of Subsection 
63E-1-304
(2), the authority may
participate in coverage under the Risk Management Fund created by Section 
63A-4-201
.
Section 143. Section 
63H-5-108
 is amended to read:
63H-5-108.
Relation to certain acts.
(1) The authority is exempt from:
(a) Title 51, Chapter 5, Funds Consolidation Act;
(b) Title 63A, Utah Government Operations Code;
(c) Title 63J, Chapter 1, Budgetary Procedures Act; and
(d) Title 63A, Chapter 17, Utah State Personnel Management Act.
(2) The authority is subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act;
(b) Section 
67-3-12
;
(c) Title 63G, Chapter 2, Government Records Access and Management Act;
(d) Title 63G, Chapter 6a, Utah Procurement Code; and
(e) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the
legislative auditor general pursuant to Section [
36-12-15
] 
36-4a-301
.
Section 144. Section 
63I-1-236
 is amended to read:
63I-1-236.
Repeal dates, Title 36.
(1) Title 36, [
Chapter 17,
] 
Chapter 6a, Part 2,
 Legislative Process Committee, is
repealed January 1, 2023.
(2) Section 
36-12-20
 is repealed June 30, 2023.
(3) Title 36, Chapter [
28,
] 
7a, Part 2,
 Veterans and Military Affairs Commission, is
repealed January 1, 2025.
[
(4) Section 
36-29-106
 is repealed June 1, 2021.
]
[
(5)
] 
(4)
 [
Section 
36-29-108
] 
Title 36, Chapter 7a, Part 3
, Criminal Code Evaluation
Task Force, is repealed April 15, 2023.
[
(6) Title 36, Chapter 31, Martha Hughes Cannon Capitol Statue Oversight Committee,
is repealed January 1, 2022.
]
Section 145. Section 
63I-2-236
 is amended to read:
63I-2-236.
Repeal dates -- Title 36.
(1) Section [
36-29-107.5
] 
36-7a-401
 is repealed on November 30, 2023.
(2) The following sections regarding the State Flag Task Force are repealed on January
1, 2024:
(a) Section [
36-29-201
] 
36-7a-501
;
(b) Section [
36-29-202
] 
36-7a-502
; and
(c) Section [
36-29-203
] 
36-7a-503
.
Section 146. Section 
63J-1-904
 is amended to read:
63J-1-904.
Efficiency improvement process.
(1) By May 1, 2022, the Governor's Office of Planning and Budget and the Office of
the Legislative Fiscal Analyst shall jointly establish a process that identifies and prioritizes
government processes to target for efficiency improvements.
(2) The Governor's Office of Planning and Budget and the Office of the Legislative
Fiscal Analyst shall ensure that the efficiency improvement process described in Subsection (1)
addresses the following:
(a) the roles of the Governor's Office of Planning and Budget and the Office of the
Legislative Fiscal Analyst throughout the efficiency improvement process;
(b) how to collaborate with an appropriated entity in the development of the
appropriated entity's performance measures under Section 
63J-1-903
;
(c) how to evaluate the results of an appropriated entity's performance measures,
including identifying which performance measures that an appropriated entity may want to
retain, modify, or discontinue;
(d) the process by which an appropriated entity's government process is selected for an
efficiency evaluation;
(e) the criteria and methodology used for an efficiency evaluation;
(f) whether to provide any rewards or incentives for an appropriated entity to
implement recommendations from an efficiency evaluation;
(g) whether to create a formal or informal committee that advises the efficiency
improvement process; and
(h) the process by which the Governor's Office of Planning and Budget and the Office
of the Legislative Fiscal Analyst notify the Office of the Legislative Auditor General when an
efficiency evaluation is completed.
(3) (a) The Office of the Legislative Auditor General shall independently review the
results of each efficiency evaluation conducted under this section.
(b) If, based on the review described in Subsection (3)(a), the Office of the Legislative
Auditor General determines further review is necessary, the Office of the Legislative Auditor
General shall:
(i) conduct a risk assessment; and
(ii) provide the results of the risk assessment to the Audit Subcommittee created in
Section [
36-12-8
] 
36-3a-201
.
(4) Beginning in 2021 and each calendar year thereafter, the Governor's Office of
Planning and Budget and the Office of the Legislative Fiscal Analyst shall, before December
31, report to the governor and the Legislative Management Committee, respectively, regarding
the status of the efficiency improvement process and recommended changes, if any.
(5) The efficiency improvement process described in this section does not apply to a
legislative department government process.
Section 147. Section 
67-1-16
 is amended to read:
67-1-16.
Reservation of area for governor.
(1) As used in this section:
(a) "Architectural integrity" means the architectural elements, materials, color, and
quality of the original building construction.
(b) "Capitol hill" means the grounds, monuments, parking areas, buildings, and other
man-made and natural objects within the area bounded by 300 North Street, Columbus Street,
500 North Street, and East Capitol Boulevard, and includes:
(i) the White Community Memorial Chapel and its grounds and parking areas, and the
Council Hall Travel Information Center building and its grounds and parking areas;
(ii) the Daughters of the Utah Pioneers building and its grounds and parking areas and
other state-owned property included within the area bounded by Columbus Street, North Main
Street, and Apricot Avenue;
(iii) the state-owned property included within the area bounded by Columbus Street,
Wall Street, and 400 North Street; and
(iv) the state-owned property included within the area bounded by Columbus Street,
West Capitol Street, and 500 North Street.
(c) "Governor area" means the chambers, rooms, hallways, lounges, parking lots, and
parking garages designated by this section as being subject to governor control.
(d) "House Building" means the west building on capitol hill that is located northwest
of the State Capitol and southwest of the State Office Building.
(e) "Legislative area" means the buildings, chambers, rooms, hallways, lounges,
parking lots, and parking garages designated by this section as being subject to legislative
control.
(f) "Senate Building" means the east building on capitol hill that is located northeast of
the State Capitol and southeast of the State Office Building.
(g) "State Capitol" means the building dedicated as the Utah State Capitol in 1916.
(h) "State Capitol Preservation Board" or "board" is as created in Section 
63C-9-201
.
(2) The governor area on capitol hill includes:
(a) in the State Capitol:
(i) on the second floor: the entire floor including the stairways and elevators on the east
and west side of the second floor, except:
(A) the area reserved for the attorney general and the state auditor;
(B) the committee room on the northeast side which is to be controlled and scheduled
as provided in Subsection [
36-5-1
] 
36-2a-401
(2)(a)(iii);
(C) the conference room on the south side, east of the southeast stairway, which is to
be scheduled through the State Capitol Preservation Board;
(D) the Gold Room, which is to be controlled by the governor and the Legislature and
scheduled by the governor, with the governor being given scheduling priority; and the
maintenance of the Gold Room shall be by the State Capitol Preservation Board at the direction
of the governor;
(E) the public restrooms;
(F) the grand staircases;
(G) the public stairways;
(H) the public elevators;
(I) the Capitol Rotunda;
(J) the kitchen to the east of the dignitary protection elevator and pantry area which
kitchen is to be scheduled and maintained by the State Capitol Preservation Board, with the
governor's and Legislature's use associated with the Gold Room to be given scheduling
priority; and
(K) the open areas:
(I) east of the Rotunda to the doors of the Capitol Board Room;
(II) south of the Rotunda to the south entrance to the State Capitol; and
(III) north of the Rotunda to the north wall;
(ii) on the first floor: all office areas, conference rooms, stairways, and elevators,
excluding the public corridors, public stairways, and public elevators:
(A) west of the south entrance to the State Capitol on the first floor, including the
dignitary holding area and elevator, which area and elevator the Legislature may schedule
through the Utah Highway Patrol Dignitary Protection Bureau; but excluding the storage area
that is directly to the north of the dignitary holding area;
(B) west of the public elevator on the north side of the first floor; and
(C) the northwest pier storage area; and
(iii) in the basement:
(A) the audio/video control rooms on the southwest side of the State Capitol are shared
space with the Legislature as provided in Section [
36-5-1
] 
36-2a-401
;
(B) all areas west of the westernmost hall and bordered by a hall on the north and a hall
on the south of the areas, including the stairs and elevator, secured parking and all entrances
and exits to the secured parking, and the Utah Highway Patrol Dignitary Protection Bureau
office space, and excluding the areas north and south of the area designated in this Subsection
(2) as the governor area;
(b) in the Senate Building:
(i) all office areas and conference rooms on the third floor that are south of the south
stairway; and
(ii) the Utah Highway Patrol Dignitary Protection Bureau office space in the basement;
(c) (i) 46 of the parking stalls in the underground parking facility known as Lot C
located directly east of the State Capitol; and
(ii) 52 of the parking stalls in the underground parking facility known as Lot E located
directly east of the Senate Building; and
(d) any other area designated by the State Capitol Preservation Board as the governor
area.
(3) The governor area is reserved for the use and occupancy of the governor and
lieutenant governor and their staff, committees, and functions.
(4) The data centers in the Senate Building and State Capitol which are associated with
the governor, lieutenant governor, or their staff space are the responsibility of the governor, and
the maintenance of these data centers shall be by the State Capitol Preservation Board at the
direction of the governor.
(5) The governor shall exercise complete jurisdiction over the governor area, except for
the following, which are the responsibility of the State Capitol Preservation Board:
(a) the architectural integrity of the governor area, including:
(i) restored historic architectural or design features;
(ii) historic color schemes, decorative finishes, and stenciling;
(iii) decorative light fixtures; and
(iv) flooring;
(b) control of the central mechanical and electrical core of the Senate Building and
State Capitol on all floors;
(c) control of the enclosure of the Senate Building and State Capitol from the exterior
of the building to the interior of the exterior wall;
(d) the roof of the Senate Building and State Capitol;
(e) the utility and security tunnels between the underground parking structure and the
Senate Building and State Capitol;
(f) public restrooms of the Senate Building and State Capitol;
(g) maintenance of all the elevators and stairways in the Senate Building and State
Capitol; and
(h) those functions the governor delegates in writing to be performed by the State
Capitol Preservation Board.
(6) The responsibility for the communications centers in the Senate Building and State
Capitol is as provided in Subsection [
36-5-1
(6)
] 
36-2a-401
(6)
.
(7) The State Capitol Preservation Board shall schedule and manage the Capitol Board
Room on the second floor of the State Capitol.
(a) The governor's and lieutenant governor's use of the Capitol Board Room for
functions shall be given scheduling priority over other meetings, except as provided in
Subsection (7)(b). If the governor or lieutenant governor has need for the Capitol Board Room
that has already been scheduled by another person, the governor or lieutenant governor shall be
given the Capitol Board Room and as much notice as possible shall be given to the other
person scheduling the room so that person may seek an alternative site.
(b) During a general session or special session of the Legislature or on interim
committee days designated by the Legislative Management Committee, a legislator's use of the
Capitol Board Room for functions shall be given scheduling priority over any meeting,
including the governor's or lieutenant governor's use under Subsection (7)(a). If a legislator has
need for the Capitol Board Room and it has already been scheduled by another person, the
legislator shall be given the Capitol Board Room and as much notice as possible shall be given
to the other person scheduling the room so that person may seek an alternative site.
(c) When the Legislature is not in session and on non interim committee days, a
legislator's use of the Capitol Board Room for functions shall be given scheduling priority over
any meeting, other than the governor's or lieutenant governor's use under Subsection (7)(a). If
a legislator has need for the Capitol Board Room and it is not being used as provided in
Subsection (7)(a), the legislator shall be given the Capitol Board Room and as much notice as
possible shall be given to the other person scheduling the room so that person may seek an
alternative site.
(d) When not being used for a governor, lieutenant governor, or legislative function,
the Capitol Board Room may be scheduled by the State Capitol Preservation Board on a
first-come, first-served basis:
(i) by other executive or judicial branch entities; and
(ii) by a public or private person or organization who complies with State Capitol
Preservation Board rules for Capitol Hill Complex Facility use.
Section 148. Section 
67-1b-102
 is amended to read:
67-1b-102.
Definitions.
As used in this chapter:
(1) "Board of canvassers" means the state board of canvassers created in Section
20A-4-306
.
(2) (a) "Executive branch" means:
(i) the governor, the governor's staff, and the governor's appointed advisors;
(ii) the lieutenant governor and lieutenant governor's staff;
(iii) cabinet level officials;
(iv) except as provided in Subsection (2)(b), an agency, board, department, division,
committee, commission, council, office, or other administrative subunit of the executive branch
of state government;
(v) except as provided in Subsection (2)(b), a cabinet officer, elected official, executive
director, or board or commission vested with:
(A) policy making and oversight responsibility for a state executive branch agency; or
(B) authority to appoint and remove the director of a state executive branch agency;
(vi) executive ministerial officers;
(vii) each gubernatorial appointee to a state board, committee, commission, council, or
authority;
(viii) each executive branch management position, as defined in Section 
67-1-1.5
;
(ix) each executive branch policy position, as defined in Section 
67-1-1.5
; and
(x) the military forces of the state.
(b) "Executive branch" does not include:
(i) the legislative branch;
(ii) the judicial branch;
(iii) the State Board of Education;
(iv) the Utah Board of Higher Education;
(v) institutions of higher education;
(vi) independent entities as defined in Section 
63E-1-102
;
(vii) elective constitutional offices of the executive department, including the state
auditor, the state treasurer, and the attorney general;
(viii) a county, municipality, school district, local district, or special service district; or
(ix) an administrative subdivision of a county, municipality, school district, local
district, or special service district.
(3) "Governor-elect" means, during a transition period, an individual whom the board
of canvassers determines to be the successful candidate for governor after a general election for
the office of governor, if that successful candidate is an individual other than the incumbent
governor.
(4) "Governor-elect's staff" means:
(a) an individual that a governor-elect intends to nominate as a department head;
(b) an individual that a governor-elect intends to appoint to a key position in the
executive branch;
(c) an individual hired by a governor-elect under Subsection 
67-1b-105
(1)(c); and
(d) any other individual expressly engaged by the governor-elect to assist with the
governor-elect's transition into the office of governor.
(5) "Governor's Office of Planning and Budget" means the office created in Section
63J-4-201
.
(6) "Incoming gubernatorial administration" means a governor-elect, a governor-elect's
staff, a lieutenant governor-elect, and a lieutenant governor-elect's staff.
(7) "Lieutenant governor-elect" means, during a transition period, an individual whom
the board of canvassers determines to be the successful candidate for lieutenant governor after
a general election for the office of lieutenant governor, if that successful candidate is an
individual other than the incumbent lieutenant governor.
(8) "Lieutenant governor-elect's staff" means:
(a) an individual hired by a lieutenant governor-elect under Subsection
67-1b-105
(1)(c); and
(b) any other individual expressly engaged by the lieutenant governor-elect to assist
with the lieutenant governor-elect's transition into the office of lieutenant governor.
(9) "Office of the Legislative Fiscal Analyst" means the office created in Section
[
36-12-13
] 
36-4a-201
.
(10) "Record" means the same as that term is defined in Section 
63G-2-103
.
(11) "Transition period" means the period of time beginning the day after the meeting
of the board of canvassers under Section 
20A-4-306
 in a year in which the board of canvassers
determines that the successful candidate for governor is an individual other than the incumbent
governor, and ending on the first Monday of the next January.
Section 149. Section 
67-1c-101
, which is renumbered from Section 36-11-102 is
renumbered and amended to read:
CHAPTER 1c. LOBBYIST DISCLOSURE AND REGULATION ACT
Part 1. General Provisions
[
36-11-102
].
 67-1c-101.
Definitions.
As used in this chapter:
(1) "Aggregate daily expenditures" means:
(a) for a single lobbyist, principal, or government officer, the total of all expenditures
made within a calendar day by the lobbyist, principal, or government officer for the benefit of
an individual public official;
(b) for an expenditure made by a member of a lobbyist group, the total of all
expenditures made within a calendar day by every member of the lobbyist group for the benefit
of an individual public official; or
(c) for a multiclient lobbyist, the total of all expenditures made by the multiclient
lobbyist within a calendar day for the benefit of an individual public official, regardless of
whether the expenditures were attributed to different clients.
(2) "Approved activity" means an event, a tour, or a meeting:
(a) (i) to which a legislator or another nonexecutive branch public official is invited;
and
(ii) attendance at which is approved by:
(A) the speaker of the House of Representatives, if the public official is a member of
the House of Representatives or another nonexecutive branch public official; or
(B) the president of the Senate, if the public official is a member of the Senate or
another nonexecutive branch public official; or
(b) (i) to which a public official who holds a position in the executive branch of state
government is invited; and
(ii) attendance at which is approved by the governor or the lieutenant governor.
(3) "Capitol hill complex" means the same as that term is defined in Section
63C-9-102
.
(4) (a) "Compensation" means anything of economic value, however designated, that is
paid, loaned, granted, given, donated, or transferred to an individual for the provision of
services or ownership before any withholding required by federal or state law.
(b) "Compensation" includes:
(i) a salary or commission;
(ii) a bonus;
(iii) a benefit;
(iv) a contribution to a retirement program or account;
(v) a payment includable in gross income, as defined in Section 62, Internal Revenue
Code, and subject to Social Security deductions, including a payment in excess of the
maximum amount subject to deduction under Social Security law;
(vi) an amount that the individual authorizes to be deducted or reduced for salary
deferral or other benefits authorized by federal law; or
(vii) income based on an individual's ownership interest.
(5) "Compensation payor" means a person who pays compensation to a public official
in the ordinary course of business:
(a) because of the public official's ownership interest in the compensation payor; or
(b) for services rendered by the public official on behalf of the compensation payor.
(6) "Event" means entertainment, a performance, a contest, or a recreational activity
that an individual participates in or is a spectator at, including a sporting event, an artistic
event, a play, a movie, dancing, or singing.
(7) "Executive action" means:
(a) a nomination or appointment by the governor;
(b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c) agency ratemaking proceedings; or
(d) an adjudicative proceeding of a state agency.
(8) (a) "Expenditure" means any of the items listed in this Subsection (8)(a) when
given to or for the benefit of a public official unless consideration of equal or greater value is
received:
(i) a purchase, payment, or distribution;
(ii) a loan, gift, or advance;
(iii) a deposit, subscription, or forbearance;
(iv) services or goods;
(v) money;
(vi) real property;
(vii) a ticket or admission to an event; or
(viii) a contract, promise, or agreement, whether or not legally enforceable, to provide
any item listed in Subsections (8)(a)(i) through (vii).
(b) "Expenditure" does not mean:
(i) a commercially reasonable loan made in the ordinary course of business;
(ii) a campaign contribution reported in accordance with Title 20A, Chapter 11,
Campaign and Financial Reporting Requirements;
(iii) printed informational material that is related to the performance of the recipient's
official duties;
(iv) a devise or inheritance;
(v) any item listed in Subsection (8)(a) if:
(A) given by a relative;
(B) given by a compensation payor for a purpose solely unrelated to the public
official's position as a public official;
(C) the item is food or beverage with a value that does not exceed the food
reimbursement rate, and the aggregate daily expenditures for food and beverage do not exceed
the food reimbursement rate; or
(D) the item is not food or beverage, has a value of less than $10, and the aggregate
daily expenditures do not exceed $10;
(vi) food or beverage that is provided at an event, a tour, or a meeting to which the
following are invited:
(A) all members of the Legislature;
(B) all members of a standing or interim committee;
(C) all members of an official legislative task force;
(D) all members of a party caucus; or
(E) all members of a group described in Subsections (8)(b)(vi)(A) through (D) who are
attending a meeting of a national organization whose primary purpose is addressing general
legislative policy;
(vii) food or beverage that is provided at an event, a tour, or a meeting to a public
official who is:
(A) giving a speech at the event, tour, or meeting;
(B) participating in a panel discussion at the event, tour, or meeting; or
(C) presenting or receiving an award at the event, tour, or meeting;
(viii) a plaque, commendation, or award that:
(A) is presented in public; 
and
(B) has the name of the individual receiving the plaque, commendation, or award
inscribed, etched, printed, or otherwise permanently marked on the plaque, commendation, or
award;
(ix) a gift that:
(A) is an item that is not consumable and not perishable;
(B) a public official accepts on behalf of the state;
(C) the public official promptly remits to the state;
(D) a property administrator does not reject under Section 
63G-23-103
;
(E) does not constitute a direct benefit to the public official before or after the public
official remits the gift to the state; and
(F) after being remitted to the state, is not transferred, divided, distributed, or used to
distribute a gift or benefit to one or more public officials in a manner that would otherwise
qualify the gift as an expenditure if the gift were given directly to a public official;
(x) any of the following with a cash value not exceeding $30:
(A) a publication; or
(B) a commemorative item;
(xi) admission to or attendance at an event, a tour, or a meeting, the primary purpose of
which is:
(A) to solicit contributions reportable under:
(I) Title 20A, Chapter 11, Campaign and Financial Reporting Requirements; or
(II) 2 U.S.C. Sec. 434; or
(B) charitable solicitation, as defined in Section 
13-22-2
;
(xii) travel to, lodging at, food or beverage served at, and admission to an approved
activity;
(xiii) sponsorship of an approved activity;
(xiv) notwithstanding Subsection (8)(a)(vii), admission to, attendance at, or travel to or
from an event, a tour, or a meeting:
(A) that is sponsored by a governmental entity; or
(B) that is widely attended and related to a governmental duty of a public official; or
(xv) travel to a widely attended tour or meeting related to a governmental duty of a
public official if that travel results in a financial savings to the state.
(9) "Food reimbursement rate" means the total amount set by the director of the
Division of Finance, by rule, under Section 
63A-3-107
, for in-state meal reimbursement, for an
employee of the executive branch, for an entire day.
(10) (a) "Government officer" means:
(i) an individual elected to a position in state or local government, when acting within
the government officer's official capacity; or
(ii) an individual appointed to or employed in a full-time position by state or local
government, when acting within the scope of the individual's employment.
(b) "Government officer" does not mean a member of the legislative branch of state
government.
(11) "Immediate family" means:
(a) a spouse;
(b) a child residing in the household; or
(c) an individual claimed as a dependent for tax purposes.
(12) "Legislative action" means:
(a) a bill, resolution, amendment, nomination, veto override, or other matter pending or
proposed in either house of the Legislature or its committees or requested by a legislator; and
(b) the action of the governor in approving or vetoing legislation.
(13) "Lobbying" means communicating with a public official for the purpose of
influencing the passage, defeat, amendment, or postponement of legislative or executive action.
(14) (a) "Lobbyist" means:
(i) an individual who is employed by a principal; or
(ii) an individual who contracts for economic consideration, other than reimbursement
for reasonable travel expenses, with a principal to lobby a public official.
(b) "Lobbyist" does not include:
(i) a government officer;
(ii) a member or employee of the legislative branch of state government;
(iii) a person, including a principal, while appearing at, or providing written comments
to, a hearing conducted in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act or Title 63G, Chapter 4, Administrative Procedures Act;
(iv) a person participating on or appearing before an advisory or study task force,
commission, board, or committee, constituted by the Legislature or any agency or department
of state government, except legislative standing, appropriation, or interim committees;
(v) a representative of a political party;
(vi) an individual representing a bona fide church solely for the purpose of protecting
the right to practice the religious doctrines of the church, unless the individual or church makes
an expenditure that confers a benefit on a public official;
(vii) a newspaper, television station or network, radio station or network, periodical of
general circulation, or book publisher for the purpose of publishing news items, editorials,
other comments, or paid advertisements that directly or indirectly urge legislative or executive
action;
(viii) an individual who appears on the individual's own behalf before a committee of
the Legislature or an agency of the executive branch of state government solely for the purpose
of testifying in support of or in opposition to legislative or executive action; or
(ix) an individual representing a business, entity, or industry, who:
(A) interacts with a public official, in the public official's capacity as a public official,
while accompanied by a registered lobbyist who is lobbying in relation to the subject of the
interaction or while presenting at a legislative committee meeting at the same time that the
registered lobbyist is attending another legislative committee meeting; and
(B) does not make an expenditure for, or on behalf of, a public official in relation to the
interaction or during the period of interaction.
(15) "Lobbyist group" means two or more lobbyists, principals, government officers, or
any combination of lobbyists, principals, and officers who each contribute a portion of an
expenditure made to benefit a public official or member of the public official's immediate
family.
(16) "Meeting" means a gathering of people to discuss an issue, receive instruction, or
make a decision, including a conference, seminar, or summit.
(17) "Multiclient lobbyist" means a single lobbyist, principal, or government officer
who represents two or more clients and divides the aggregate daily expenditure made to benefit
a public official or member of the public official's immediate family between two or more of
those clients.
(18) "Principal" means a person that employs an individual to perform lobbying, either
as an employee or as an independent contractor.
(19) "Public official" means:
(a) (i) a member of the Legislature;
(ii) an individual elected to a position in the executive branch of state government; or
(iii) an individual appointed to or employed in a position in the executive or legislative
branch of state government if that individual:
(A) occupies a policymaking position or makes purchasing or contracting decisions;
(B) drafts legislation or makes rules;
(C) determines rates or fees; or
(D) makes adjudicative decisions; or
(b) an immediate family member of a person described in Subsection (19)(a).
(20) "Public official type" means a notation to identify whether a public official is:
(a) (i) a member of the Legislature;
(ii) an individual elected to a position in the executive branch of state government;
(iii) an individual appointed to or employed in a position in the legislative branch of
state government who meets the definition of public official under Subsection (19)(a)(iii); or
(iv) an individual appointed to or employed in a position in the executive branch of
state government who meets the definition of public official under Subsection (19)(a)(iii); or
(b) an immediate family member of a person described in Subsection (19)(a).
(21) "Quarterly reporting period" means the three-month period covered by each
financial report required under Subsection [
36-11-201
] 
67-1c-201
(2)(a).
(22) "Related person" means a person, agent, or employee who knowingly and
intentionally assists a lobbyist, principal, or government officer in lobbying.
(23) "Relative" means a spouse, child, parent, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or spouse
of any of these individuals.
(24) "Tour" means visiting a location, for a purpose relating to the duties of a public
official, and not primarily for entertainment, including:
(a) viewing a facility;
(b) viewing the sight of a natural disaster; or
(c) assessing a circumstance in relation to which a public official may need to take
action within the scope of the public official's duties.
Section 150. Section 
67-1c-102
, which is renumbered from Section 36-11-103 is
renumbered and amended to read:
[
36-11-103
].
 67-1c-102.
Licensing requirements.
(1) (a) Before engaging in any lobbying, a lobbyist shall obtain a license from the
lieutenant governor by completing the form required by this section.
(b) The lieutenant governor shall issue licenses to qualified lobbyists.
(c) The lieutenant governor shall prepare a Lobbyist License Application Form that
includes:
(i) a place for the lobbyist's name and business address;
(ii) a place for the following information for each principal for whom the lobbyist
works or is hired as an independent contractor:
(A) the principal's name;
(B) the principal's business address;
(C) the name of each public official that the principal employs and the nature of the
employment with the public official; and
(D) the general purposes, interests, and nature of the principal;
(iii) a place for the name and address of the person who paid or will pay the lobbyist's
licensing fee, if the fee is not paid by the lobbyist;
(iv) a place for the lobbyist to disclose:
(A) any elected or appointed position that the lobbyist holds in state or local
government, if any; and
(B) the name of each public official that the lobbyist employs and the nature of the
employment with the public official, if any;
(v) a place for the lobbyist to disclose the types of expenditures for which the lobbyist
will be reimbursed; and
(vi) a certification to be signed by the lobbyist that certifies that the information
provided in the form is true, accurate, and complete to the best of the lobbyist's knowledge and
belief.
(2) Each lobbyist who obtains a license under this section shall update the licensure
information when the lobbyist accepts employment for lobbying by a new client.
(3) (a) Except as provided in Subsection (4), the lieutenant governor shall grant a
lobbying license to an applicant who:
(i) files an application with the lieutenant governor that contains the information
required by this section;
(ii) completes the training required by Section [
36-11-307
] 
67-1c-309
; and
(iii) pays a $60 licensing fee.
(b) A license entitles a person to serve as a lobbyist on behalf of one or more principals
and expires on December 31 each year.
(4) (a) The lieutenant governor may disapprove an application for a lobbying license:
(i) if the applicant has been convicted of violating Section 
76-8-103
, 
76-8-107
,
76-8-108
, or 
76-8-303
 within five years before the date of the lobbying license application;
(ii) if, within one year before the date of the lobbying license application, the applicant
is convicted of a violation of:
(A) Section 
76-8-104
; or
(B) Section 
76-9-102
, if the violation is a misdemeanor that occurs at an official
meeting;
(iii) during the term of any suspension imposed under Section [
36-11-401
] 
67-1c-501
;
(iv) if the applicant has not complied with Subsection [
36-11-307
(6)
] 
67-1c-309
(6)
;
(v) during the term of a suspension imposed under Subsection [
36-11-501
(3)
]
67-1c-501
(2)
;
(vi) if the lobbyist fails to pay a fine imposed under Subsection [
36-11-501
(3)
]
67-1c-401
(3)
;
(vii) if, within one year before the date of the lobbying license application, the
applicant has been found to have willingly and knowingly:
(A) violated this section or Section [
36-11-201
, 
36-11-301
, 
36-11-302
, 
36-11-303
,
36-11-304
, 
36-11-305
, or 
36-11-403
] 
67-1c-201
, 
67-1c-301
, 
67-1c-302
, 
67-1c-303
, 
67-1c-304
,
67-1c-306
, or 
67-1c-502
; or
(B) filed a document required by this chapter that the lobbyist knew contained
materially false information or omitted material information; or
(viii) if the applicant is prohibited from becoming a lobbyist under Title 67, Chapter
24, Lobbying Restrictions Act.
(b) An applicant may appeal the disapproval in accordance with the procedures
established by the lieutenant governor under this chapter and Title 63G, Chapter 4,
Administrative Procedures Act.
(5) The lieutenant governor shall deposit each licensing fee into the General Fund as a
dedicated credit to be used by the lieutenant governor to pay the cost of administering the
license program described in this section.
(6) A principal need not obtain a license under this section, but if the principal makes
expenditures to benefit a public official without using a lobbyist as an agent to confer those
benefits, the principal shall disclose those expenditures as required by Section [
36-11-201
]
67-1c-201
.
(7) Government officers need not obtain a license under this section, but shall disclose
any expenditures made to benefit public officials as required by Section [
36-11-201
]
67-1c-201
.
(8) Surrender, cancellation, or expiration of a lobbyist license does not absolve the
lobbyist of the duty to file the financial reports if the lobbyist is otherwise required to file the
reports by Section [
36-11-201
] 
67-1c-201
.
Section 151. Section 
67-1c-103
, which is renumbered from Section 36-11-106 is
renumbered and amended to read:
[
36-11-106
].
 67-1c-103.
Financial reports are public documents.
(1) Any person may:
(a) without charge, inspect a license application or financial report filed with the
lieutenant governor in accordance with this chapter; and
(b) make a copy of a financial report after paying for the actual costs of the copy.
(2) The lieutenant governor shall make financial reports filed in accordance with this
chapter available for viewing on the Internet at the lieutenant governor's website within seven
calendar days after the day on which the report is received by the lieutenant governor.
Section 152. Section 
67-1c-201
, which is renumbered from Section 36-11-201 is
renumbered and amended to read:
Part 2. Disclosure of Expenditures
[
36-11-201
].
 67-1c-201.
Lobbyist, principal, and government officer
financial reporting requirements -- Prohibition for related person to make expenditures.
(1) (a) (i) Except as provided in Subsection (1)(a)(ii), a lobbyist shall file financial
reports with the lieutenant governor on or before the due dates specified in Subsection (2).
(ii) A lobbyist who has not made an expenditure during a quarterly reporting period is
not required to file a quarterly financial report for that quarterly reporting period.
(iii) A lobbyist who is not required to file any quarterly reports under this section for a
calendar year shall, on or before January 10 of the following year, file a financial report listing
the amount of the expenditures for the entire preceding year as "none."
(b) A government officer or principal that makes an expenditure during any of the
quarterly reporting periods under Subsection (2)(a) shall file a financial report with the
lieutenant governor on or before the date that a report for that quarter is due.
(2) (a) A financial report is due quarterly on the following dates:
(i) April 10, for the period of January 1 through March 31;
(ii) July 10, for the period of April 1 through June 30;
(iii) October 10, for the period of July 1 through September 30; and
(iv) January 10, for the period of October 1 through December 31 of the previous year.
(b) If the due date for a financial report falls on a Saturday, Sunday, or legal holiday,
the report is due on the next succeeding business day.
(c) A financial report is timely filed if it is filed electronically before the close of
regular office hours on or before the due date.
(3) A financial report shall contain:
(a) the total amount of expenditures made to benefit any public official during the
quarterly reporting period;
(b) the total amount of expenditures made, by the type of public official, during the
quarterly reporting period;
(c) for the financial report due on January 10:
(i) the total amount of expenditures made to benefit any public official during the last
calendar year; and
(ii) the total amount of expenditures made, by the type of public official, during the last
calendar year;
(d) a disclosure of each expenditure made during the quarterly reporting period to
reimburse or pay for travel or lodging for a public official, including:
(i) each travel destination and each lodging location;
(ii) the name of each public official who benefitted from the expenditure on travel or
lodging;
(iii) the public official type of each public official named;
(iv) for each public official named, a listing of the amount and purpose of each
expenditure made for travel or lodging; and
(v) the total amount of expenditures listed under Subsection (3)(d)(iv);
(e) a disclosure of aggregate daily expenditures greater than $10 made during the
quarterly reporting period including:
(i) the date and purpose of the expenditure;
(ii) the location of the expenditure;
(iii) the name of any public official benefitted by the expenditure;
(iv) the type of the public official benefitted by the expenditure; and
(v) the total monetary worth of the benefit that the expenditure conferred on any public
official;
(f) for each public official who was employed by the lobbyist, principal, or government
officer, a list that provides:
(i) the name of the public official; and
(ii) the nature of the employment with the public official;
(g) each bill or resolution, by number and short title, on behalf of which the lobbyist,
principal, or government officer made an expenditure to a public official;
(h) a description of each executive action on behalf of which the lobbyist, principal, or
government officer made an expenditure to a public official;
(i) the general purposes, interests, and nature of the entities that the lobbyist, principal,
or government officer filing the report represents; and
(j) for a lobbyist, a certification that the information provided in the report is true,
accurate, and complete to the lobbyist's best knowledge and belief.
(4) A related person may not, while assisting a lobbyist, principal, or government
officer in lobbying, make an expenditure that benefits a public official under circumstances that
would otherwise fall within the disclosure requirements of this chapter if the expenditure was
made by the lobbyist, principal, or government officer.
(5) The lieutenant governor shall:
(a) (i) develop a preprinted form for a financial report required by this section; and
(ii) make copies of the form available to a lobbyist, principal, or government officer
who requests a form; and
(b) provide a reporting system that allows a lobbyist, principal, or government officer
to submit a financial report required by this chapter via the Internet.
(6) (a) A lobbyist and a principal shall continue to file a financial report required by
this section until the lobbyist or principal files a statement with the lieutenant governor that:
(i) states:
(A) for a lobbyist, that the lobbyist has ceased lobbying activities; or
(B) for a principal, that the principal no longer employs an individual as a lobbyist;
(ii) in the case of a lobbyist, states that the lobbyist is surrendering the lobbyist's
license;
(iii) contains a listing, as required by this section, of all previously unreported
expenditures that have been made through the date of the statement; and
(iv) states that the lobbyist or principal will not make any additional expenditure that is
not disclosed on the statement unless the lobbyist or principal complies with the disclosure and
licensing requirements of this chapter.
(b) Except as provided in Subsection (1)(a)(ii), a person that fails to renew the
lobbyist's license or otherwise ceases to be licensed is required to file a financial report
quarterly until the person files the statement required by Subsection (6)(a).
Section 153. Section 
67-1c-301
, which is renumbered from Section 36-11-301 is
renumbered and amended to read:
Part 3. Regulations of Lobbyists' Activities
[
36-11-301
].
 67-1c-301.
Contingent compensation prohibited.
A person may not employ or solicit another to serve as a lobbyist for compensation
contingent in whole or part upon the passage, defeat, or amendment of legislative action or the
approval, modification, or denial of a certain executive action.
Section 154. Section 
67-1c-302
, which is renumbered from Section 36-11-302 is
renumbered and amended to read:
[
36-11-302
].
 67-1c-302.
Improper influence -- Communication with a
legislator's employer prohibited.
A person may not seek to influence the vote of any legislator through communication
with the legislator's employer.
Section 155. Section 
67-1c-303
, which is renumbered from Section 36-11-303 is
renumbered and amended to read:
[
36-11-303
].
 67-1c-303.
Prohibition on communicating false information
to a public officer.
A person may not intentionally communicate to a public official any false information
materially related to a matter within the responsibility of the public official.
Section 156. Section 
67-1c-304
, which is renumbered from Section 36-11-304 is
renumbered and amended to read:
[
36-11-304
].
 67-1c-304.
Expenditures over certain amounts prohibited --
Exceptions.
(1) Except as provided in Subsection (2), a lobbyist, principal, or government officer
may not make or offer to make aggregate daily expenditures that exceed:
(a) for food or beverage, the food reimbursement rate; or
(b) $10 for expenditures other than food or beverage.
(2) A lobbyist, principal, or government officer may make aggregate daily expenditures
that exceed the limits described in Subsection (1):
(a) for the following items, if the expenditure is reported in accordance with Section
[
36-11-201
] 
67-1c-201
:
(i) food;
(ii) beverage;
(iii) travel;
(iv) lodging; or
(v) admission to or attendance at a tour or meeting that is not an approved activity; or
(b) if the expenditure is made for a purpose solely unrelated to the public official's
position as a public official.
Section 157. Section 
67-1c-305
, which is renumbered from Section 36-11-304.5 is
renumbered and amended to read:
[
36-11-304.5
].
 67-1c-305.
Disposal of publications.
If a lobbyist, principal, or government officer makes an expenditure, in the form of a
publication, to a public official, the public official may return the publication to the lobbyist,
principal, or government officer, donate the publication to a charity or a government entity, or
destroy the publication.
Section 158. Section 
67-1c-306
, which is renumbered from Section 36-11-305 is
renumbered and amended to read:
[
36-11-305
].
 67-1c-306.
Campaign contribution during session
prohibited.
(1) It is unlawful for a person, lobbyist, principal, or political committee to make a
campaign contribution, or contract, promise, or agree to make a campaign contribution, to any
of the following during the time the Legislature is convened in annual general session, veto
override session, or special session:
(a) (i) a legislator;
(ii) the lieutenant governor;
(iii) the attorney general;
(iv) the state auditor; or
(v) the state treasurer;
(b) the personal campaign committee of an individual described in Subsection (1)(a);
or
(c) a political action committee controlled by a person described in Subsection (1)(a). 
(2) It is unlawful for a person, lobbyist, principal, or political committee to make a
campaign contribution, or contract, promise, or agree to make a campaign contribution, to the
governor, the governor's personal campaign committee, or a political action committee
controlled by the governor during the time the Legislature is convened in annual general
session, veto override session, special session, or during the time period established by the
Utah Constitution, Article VII, Section 8, for the governor to approve or veto bills passed by
the Legislature in the annual general session.
(3) Any person who violates this section is guilty of a class A misdemeanor.
Section 159. Section 
67-1c-307
, which is renumbered from Section 36-11-305.5 is
renumbered and amended to read:
[
36-11-305.5
].
 67-1c-307.
Lobbyist requirements.
(1) The lieutenant governor shall issue to each lobbyist a name tag that includes:
(a) the word "Lobbyist" in at least 18-point type; and
(b) the first and last name of the lobbyist, in at least 18-point type.
(2) Beginning on August 1, 2014, a lobbyist may not lobby a public official while the
lobbyist is at the capitol hill complex unless the lobbyist is wearing the name tag described in
Subsection (1) in plain view.
(3) A lobbyist shall, at the beginning of making a communication to a public official
that constitutes lobbying, inform the public official of the identity of the principal on whose
behalf the lobbyist is lobbying.
Section 160. Section 
67-1c-308
, which is renumbered from Section 36-11-306 is
renumbered and amended to read:
[
36-11-306
].
 67-1c-308.
Conflicts of interest.
(1) As used in this section, "conflict of interest" means a circumstance where:
(a) the representation of one principal or client will be directly adverse to another
principal or client; or
(b) there is a significant risk that the representation of one or more principals or clients
will be materially limited by the lobbyist's responsibilities to:
(i) another principal or client; or
(ii) a personal interest of the lobbyist.
(2) Except as provided in Subsection (3), a lobbyist may not represent a principal or
client if the representation involves a conflict of interest.
(3) Notwithstanding the existence of a conflict of interest, a lobbyist may represent a
principal or client if:
(a) the lobbyist reasonably believes that the lobbyist will be able to provide competent
and diligent representation to each principal or client;
(b) the representation is not otherwise prohibited by law;
(c) the representation does not require the lobbyist to assert a position on behalf of one
principal or client that is opposed to the position of another principal or client represented by
the lobbyist involving the same legislative issue; and
(d) each affected principal or client gives informed consent to the conflict of interest in
writing.
Section 161. Section 
67-1c-309
, which is renumbered from Section 36-11-307 is
renumbered and amended to read:
[
36-11-307
].
 67-1c-309.
Ethics and unlawful harassment training course
for lobbyists -- Internet availability -- Content -- Participation tracking -- Penalty.
(1) The lieutenant governor shall develop and maintain online training courses
educating lobbyists about:
(a) federal workplace discrimination and harassment prohibitions and requirements;
(b) the Utah Senate's, Utah House's, and the executive branch's policies governing
workplace discrimination and harassment prohibitions, policies, and procedures; and
(c) state and federal requirements governing lobbyists, including lobbyist ethical
requirements.
(2) A training course described in Subsection (1) shall include training materials and
exercises that are available on the Internet to lobbyists and to the public.
(3) The lieutenant governor shall design the ethics training course to assist lobbyists in
understanding and complying with current ethical and campaign finance requirements under
state law, legislative rules, and federal law.
(4) The lieutenant governor may enter into an agreement with the Division of Human
Resource Management to assist the lieutenant governor in providing the workplace
discrimination and harassment training described in this section.
(5) A training course described in this section shall include provisions for verifying
when a lobbyist has successfully completed the training.
(6) (a) A lobbyist shall, within 30 days after the day on which the lobbyist applies for a
lobbying license or a lobbying license renewal:
(i) successfully complete the training courses described in this section; and
(ii) provide to the lieutenant governor a document, signed by the lobbyist, certifying
that the lobbyist has:
(A) completed the training courses required by this section; and
(B) received, read, understands, and will comply with the workplace discrimination
and harassment policies adopted by the Utah Senate, the Utah House, and Utah's executive
branch.
(b) The lieutenant governor may not issue a lobbying license, or renew a lobbying
license, until the lieutenant governor has received from the lobbyist the document required by
Subsection (6)(a).
(7) A signature described in Subsection [
(6)(b)
] 
(6)(a)
 may be an electronic signature.
Section 162. Section 
67-1c-401
, which is renumbered from Section 36-11-501 is
renumbered and amended to read:
Part 4. Unlawful Harassment
[
36-11-501
].
 67-1c-401.
Unlawful harassment -- Investigation -- Penalties.
(1) A lobbyist may not engage in conduct that violates:
(a) federal workplace discrimination and harassment requirements;
(b) Utah Senate or Utah House policies governing workplace discrimination or
harassment;
(c) Utah executive branch policies governing workplace discrimination or harassment;
or
(d) any combination of Subsections (1)(a), (b), or (c).
(2) (a) The lieutenant governor may take an action described in Subsection (3) against
a lobbyist if the lieutenant governor finds, after giving the lobbyist notice and an opportunity to
be heard, that the lobbyist engaged in a serious violation, or multiple violations, of this section.
(b) The lieutenant governor shall post on the lieutenant governor's website a copy of
the Utah Senate's harassment policy, the Utah House's harassment policy, and the executive
branch's harassment policies.
(3) If the lieutenant governor makes a finding described in Subsection (2)(a), the
lieutenant governor may, taking into account the seriousness of the violation or the seriousness
or frequency of multiple violations, do either or both of the following:
(a) impose an administrative fine against the lobbyist, not to exceed $2,000; or
(b) suspend the lobbyist's license for a period of up to five years.
(4) A record that relates to an investigation under this section is a protected record, to
the extent permitted by Title 63G, Chapter 2, Government Records Access and Management
Act.
(5) (a) A lobbyist who is a victim of workplace discrimination or harassment by an
executive worker may file a complaint under the state executive branch's applicable workplace
discrimination and harassment policy.
(b) A lobbyist who is a victim of workplace discrimination or harassment by a
legislative worker may file a complaint under the Utah Senate's workplace discrimination and
harassment policy or the Utah House's workplace discrimination and harassment policy.
Section 163. Section 
67-1c-501
, which is renumbered from Section 36-11-401 is
renumbered and amended to read:
Part 5. Penalties and Statutory Construction
[
36-11-401
].
 67-1c-501.
Penalties.
(1) Any person who intentionally violates Section [
36-11-103
, 
36-11-201
, 
36-11-301
,
36-11-302
, 
36-11-303
, 
36-11-304
, 
36-11-305
, or 
36-11-403
,
] 
67-1c-102
, 
67-1c-201
,
67-1c-301
, 
67-1c-302
, 
67-1c-303
, 
67-1c-304
, 
67-1c-306
, or 
67-1c-502
 is subject to the
following penalties:
(a) an administrative penalty of up to $1,000 for each violation; and
(b) for each subsequent violation of that same section within 24 months, either:
(i) an administrative penalty of up to $5,000; or
(ii) suspension of the violator's lobbying license for up to one year, if the person is a
lobbyist.
(2) Any person who intentionally fails to file a financial report required by this chapter,
omits material information from a license application form or financial report, or files false
information on a license application form or financial report, is subject to the following
penalties:
(a) an administrative penalty of up to $1,000 for each violation; or
(b) suspension of the violator's lobbying license for up to one year, if the person is a
lobbyist.
(3) Any person who intentionally fails to file a financial report required by this chapter
on the date that it is due shall, in addition to the penalties, if any, imposed under Subsection (1)
or (2), pay a penalty of up to $50 per day for each day that the report is late.
(4) (a) When a lobbyist is convicted of violating Section 
76-8-103
, 
76-8-107
, 
76-8-108
,
or 
76-8-303
, the lieutenant governor shall suspend the lobbyist's license for up to five years
from the date of the conviction.
(b) When a lobbyist is convicted of violating Section 
76-8-104
, or Section 
76-9-102
 if
the violation is a misdemeanor that occurs at an official meeting, the lieutenant governor shall
suspend a lobbyist's license for up to one year from the date of conviction.
(5) (a) Any person who intentionally violates Section [
36-11-301
, 
36-11-302
, or
36-11-303
] 
67-1c-301
, 
67-1c-302
, or 
67-1c-303
 is guilty of a class B misdemeanor.
(b) The lieutenant governor shall suspend the lobbyist license of any person convicted
under any of these sections for up to one year.
(c) The suspension shall be in addition to any administrative penalties imposed by the
lieutenant governor under this section.
(d) Any person with evidence of a possible violation of this chapter may submit that
evidence to the lieutenant governor for investigation and resolution.
(6) Nothing in this chapter creates a third-party cause of action or appeal rights.
Section 164. Section 
67-1c-502
, which is renumbered from Section 36-11-403 is
renumbered and amended to read:
[
36-11-403
].
 67-1c-502.
Lobbying without a license.
(1) No person may engage in any lobbying activities:
(a) without the license required by this chapter;
(b) during the period of any bar from obtaining a license; or
(c) when the license has been suspended or revoked.
(2) The attorney general may seek injunctive relief against any person violating this
section.
Section 165. Section 
67-1c-503
, which is renumbered from Section 36-11-404 is
renumbered and amended to read:
[
36-11-404
].
 67-1c-503.
Lieutenant governor's procedures.
(1) Except as otherwise provided under Section [
36-11-501
] 
67-1c-401
, the director of
elections within the Office of the Lieutenant Governor shall make rules that provide:
(a) for the appointment of an administrative law judge to adjudicate alleged violations
of this chapter and to impose penalties under this chapter; 
and
(b) procedures for license applications, disapprovals, suspensions, revocations, and
reinstatements that comply with the procedures and requirements of Title 63G, Chapter 4,
Administrative Procedures Act.
(2) The lieutenant governor shall develop forms needed for the registration and
disclosure provisions described in this chapter.
Section 166. Section 
67-1c-504
, which is renumbered from Section 36-11-405 is
renumbered and amended to read:
[
36-11-405
].
 67-1c-504.
Construction and interpretation -- Freedom of
expression, participation, and press.
No provision of this chapter may be construed, interpreted, or enforced so as to limit,
impair, abridge, or destroy any person's right of freedom of expression and participation in
government processes or freedom of the press.
Section 167. Section 
76-8-503
 is amended to read:
76-8-503.
False or inconsistent statements.
(1) Except as provided in Subsection (2), a person is guilty of a class B misdemeanor
if:
(a) the person makes a false statement under oath or affirmation or swears or affirms
the truth of the statement previously made and the person does not believe the statement to be
true if:
(i) the falsification occurs in an official proceeding, or is made with a purpose to
mislead a public servant in performing the public servant's official functions; or
(ii) the statement is one that is authorized by law to be sworn or affirmed before a
notary or other person authorized to administer oaths; or
(b) the person makes inconsistent statements under oath or affirmation, both within the
period of limitations, one of which is false and not believed by the person to be true.
(2) Subsection (1) does not include obstructing a legislative proceeding, as described in
Section [
36-12-9.5
] 
36-2a-108
.
(3) A person is not guilty under this section if the person retracts the falsification
before it becomes manifest that the falsification has been or will be exposed.
Section 168. 
Repealer.
This bill repeals:
Section 
36-2-1
,
Legislative in-session employees.
Section 
36-2-2
,
Salaries and expenses of members -- Compensation of in-session
employees.
Section 
36-11-101
,
Short title.
Section 
36-11a-101
,
Title.
Section 
36-12-2
,
Standing committees.
Section 
36-12-4
,
Interim committees of two houses -- Meeting jointly -- Joint rules
-- Majority vote.
Section 
36-12-5
,
Duties of interim committees.
Section 
36-12-8.1
,
Legislative Management Committee -- Subcommittee on
Oversight -- Members -- Duties -- Meetings.
Section 
36-12-12
,
Office of Legislative Research and General Counsel --
Established -- Powers, functions, and duties -- Organization of office -- Selection of
director and general counsel.
Section 
36-12-16
,
Legislative directors -- Authority to obtain assistance.
Section 
36-12-18
,
Offices for Legislative Management Committee and professional
legislative staff -- Hours -- Library facilities available -- Documents, reports, and
information available.
Section 
36-12-22
,
Reports from legislative boards -- Annual reports -- Preparation
of legislation.
Section 
36-13-1
,
Distribution of legislative publications by Legislature.
Section 
36-21-1
,
Definition -- Deadline for state governmental entities filing
legislation -- Waiver.
Section 
36-23-101
,
Title.
Section 
36-27-101
,
Title.
Section 
36-28-101
,
Title.
Section 
36-29-101
,
Title.
Section 
36-32-101
,
Title.