Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 91 (2022GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

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modifies parts of the Utah Code to make technical corrections, including eliminating or correcting references involving repealed provisions, eliminating redundant or obsolete language, making minor wording changes, updating cross-references, and correcting numbering and other errors.

Every vote on this bill

Bill text

REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
Mike Schultz
LONG TITLE
General Description:
This bill makes technical changes to provisions of the Utah Code.
Highlighted Provisions:
This bill:
▸ modifies parts of the Utah Code to make technical corrections, including
eliminating or correcting references involving repealed provisions, eliminating
redundant or obsolete language, making minor wording changes, updating
cross-references, and correcting numbering and other errors.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-2-108
, as last amended by Laws of Utah 2021, Chapter 126
4-18-302
, as enacted by Laws of Utah 2021, Chapter 178
4-18-306
, as enacted by Laws of Utah 2021, Chapter 178
13-23-4
, as last amended by Laws of Utah 2021, First Special Session, Chapter 9
13-32a-106
, as last amended by Laws of Utah 2021, Chapter 66
13-32a-109
, as last amended by Laws of Utah 2021, Chapter 66
13-32a-116.5
, as last amended by Laws of Utah 2019, Chapter 309
13-58-302
, as enacted by Laws of Utah 2021, Chapter 185
17-27a-1103
, as enacted by Laws of Utah 2021, Chapter 244
17-41-405
, as last amended by Laws of Utah 2021, Chapters 84, 345, and 355
20A-7-307
, as last amended by Laws of Utah 2021, Chapter 140
20A-7-607
, as last amended by Laws of Utah 2021, Chapters 80 and 140
20A-20-203
, as last amended by Laws of Utah 2021, Chapter 345
24-2-104
, as enacted by Laws of Utah 2021, Chapter 230
24-3-101.5
, as enacted by Laws of Utah 2021, Chapter 230
24-4-102
, as last amended by Laws of Utah 2021, Chapter 230
24-4-118
, as last amended by Laws of Utah 2021, Chapter 230
26-8a-413
, as last amended by Laws of Utah 2021, Chapter 265
26-18-503
, as last amended by Laws of Utah 2021, Chapter 274
26-62-304
, as last amended by Laws of Utah 2021, Chapter 348
26-62-305
, as last amended by Laws of Utah 2021, Chapter 348
53B-1-301
, as last amended by Laws of Utah 2021, Chapters 282, 351, 402, and 425
53E-1-201
, as last amended by Laws of Utah 2021, Chapters 64, 251, and 351
53E-1-202
, as last amended by Laws of Utah 2021, Chapters 251 and 319
57-13a-104
, as last amended by Laws of Utah 2021, Chapter 355
58-31b-803
, as last amended by Laws of Utah 2021, Chapter 263
58-83-301
, as enacted by Laws of Utah 2010, Chapter 180
59-7-159
, as last amended by Laws of Utah 2021, Chapters 282 and 367
59-7-614
, as last amended by Laws of Utah 2021, Chapters 280 and 374
59-10-1113
, as enacted by Laws of Utah 2021, Chapter 374
59-12-104.2
, as last amended by Laws of Utah 2016, Chapter 135
62A-1-111
, as last amended by Laws of Utah 2021, Chapters 22 and 262
62A-3-305
, as last amended by Laws of Utah 2021, Chapter 419
62A-16-302
, as last amended by Laws of Utah 2021, Chapter 231
63A-17-110
, as enacted by Laws of Utah 2021, Chapter 158
63C-23-102
, as enacted by Laws of Utah 2021, Chapter 171
63H-1-102
, as last amended by Laws of Utah 2021, Chapters 314, 414, and 415
63H-1-201
, as last amended by Laws of Utah 2021, Chapter 414
63H-1-202
, as last amended by Laws of Utah 2021, Chapter 414
63H-1-301
, as last amended by Laws of Utah 2021, Chapter 414
63I-1-210
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 18
63I-1-253
, as last amended by Laws of Utah 2021, Chapters 14, 64, 106, 233, and 307
63I-1-263
, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
of Utah 2021, Chapter 382
63I-2-210
, as last amended by Laws of Utah 2021, Chapter 363
63I-2-253
, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
63L-11-203
, as renumbered and amended by Laws of Utah 2021, Chapter 382
63L-11-301
, as enacted by Laws of Utah 2021, Chapter 382
63M-7-405
, as last amended by Laws of Utah 2021, Chapter 243
63N-4-103
, as last amended by Laws of Utah 2021, Chapter 282
63N-7-301
, as last amended by Laws of Utah 2020, Chapter 154
63N-9-102
, as last amended by Laws of Utah 2021, Chapter 280
67-3-12
, as last amended by Laws of Utah 2021, Chapter 398 and renumbered and
amended by Laws of Utah 2021, Chapter 84 and last amended by Coordination
Clause, Laws of Utah 2021, Chapter 398
67-19a-101
, as last amended by Laws of Utah 2021, Chapter 344
73-18c-201
, as last amended by Laws of Utah 2021, Chapter 280
77-23c-102
, as last amended by Laws of Utah 2021, Chapter 42
78B-3-106.5
, as last amended by Laws of Utah 2011, Chapter 50
78B-9-301
, as last amended by Laws of Utah 2021, Chapter 46
79-8-102
, as enacted by Laws of Utah 2021, Chapter 280
79-8-106
, as renumbered and amended by Laws of Utah 2021, Chapter 280
80-4-307
, as renumbered and amended by Laws of Utah 2021, Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-2-108
 is amended to read:
4-2-108.
Agricultural Advisory Board created -- Composition -- Responsibility --
Terms of office -- Compensation -- Executive committee.
(1) There is created the Agricultural Advisory Board composed of the following 21
members:
(a) the dean of the College of Agriculture and Applied Science from Utah State
University; and
(b) the following appointed by 
the
 commissioner:
(i) two representatives of associations representing interests of farmers, selected from a
list of nominees submitted by at least two associations representing farmers;
(ii) a representative of an association representing cattlemen, selected from a list of
nominees submitted by at least one association representing cattlemen;
(iii) one representative of an association representing wool growers, selected from a list
of nominees submitted by at least one association representing wool growers;
(iv) one representative of an association representing dairies, selected from a list of
nominees submitted by at least one association representing dairies;
(v) one representative of an association representing pork producers, selected from a
list of nominees submitted by at least one association representing pork producers;
(vi) one representative of egg and poultry producers;
(vii) one representative of an association representing veterinarians, selected from a list
of nominees submitted by at least one association representing veterinarians;
(viii) one representative of an association representing livestock auctions, selected
from a list of nominees submitted by at least one association representing livestock auctions;
(ix) one representative of an association representing conservation districts, selected
from a list of nominees submitted by at least one association representing conservation
districts;
(x) one representative of the Utah horse industry;
(xi) one representative of the food processing industry;
(xii) one representative of the fruit and vegetable industry;
(xiii) one representative of the turkey industry;
(xiv) one representative of manufacturers of food supplements;
(xv) one representative of a consumer affairs group;
(xvi) one representative of urban and small farmers;
(xvii) one representative of an association representing elk breeders, selected from a
list of nominees submitted by at least one association representing elk breeders;
(xviii) one representative of an association representing beekeepers, selected from a list
of nominees submitted by at least one association representing beekeepers; and
(xix) one representative of fur breeders, selected from a list of nominees submitted by
at least one association representing fur breeders.
(2) The Agricultural Advisory Board shall:
(a) advise the commissioner regarding:
(i) the planning, implementation, and administration of the department's programs; and
(ii) the establishment of standards governing the care of livestock and poultry,
including consideration of:
(A) food safety;
(B) local availability and affordability of food; and
(C) acceptable practices for livestock and farm management; and
(b) adopt best management practices for sheep, swine, cattle, and poultry industries in
the state.
(3) The Agricultural Advisory Board may adopt best management practices for
domesticated elk, mink, apiaries, and other agricultural industries in the state.
(4) For purposes of this section, "best management practices" means practices used by
agriculture in the production of food and fiber that are commonly accepted practices, or that are
at least as effective as commonly accepted practices, and that:
(a) protect the environment;
(b) protect human health; and
(c) promote the financial viability of agricultural production.
(5) (a) Except as required by Subsection (1)(a) or (5)(b), members of the Agricultural
Advisory Board are appointed by the commissioner to four-year terms of office.
(b) Notwithstanding the requirements of Subsection (5)(a), the commissioner 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) A member may be removed at the discretion of the commissioner upon the request
of the group the member represents.
(d) When a vacancy occurs in the membership for any reason, the commissioner shall
appoint a replacement for the unexpired term.
(6) The Agricultural Advisory Board shall elect one member to serve as chair of the
Agricultural Advisory Board for a term of one year.
(7) (a) The Agricultural Advisory Board shall meet twice a year, but may meet more
often at the discretion of the chair.
(b) Attendance of 11 members at a duly called meeting of the Agricultural Advisory
Board constitutes a quorum for the transaction of official business.
(8) A member of the Agricultural Advisory Board 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) (a) There is created an executive committee of the Agricultural Advisory Board
consisting of the following seven members selected from members of the Agricultural
Advisory Board:
(i) the two representatives appointed under Subsection (1)(b)(i);
(ii) the representative appointed under Subsection (1)(b)(ix); and
(iii) four members selected from the Agricultural Advisory Board as follows:
(A) for the initial members of the executive committee, by the commissioner; and
(B) after the initial members of the executive committee are selected, by the executive
committee.
(b) (i) A member of the executive committee shall serve a term of four years on the
executive committee.
(ii) A member of the executive committee may serve for more than one term on the
executive committee.
(iii) When a vacancy occurs in the membership of the executive committee for any
reason, the replacement shall be selected in the same manner as under Subsection (9)(a) and for
the unexpired term.
(c) Four members of the executive committee constitute a quorum and an action of the
majority present when a quorum is present is action by the executive committee.
(d) The executive committee shall annually select a chair of the executive committee.
(e) The executive committee shall meet at least quarterly, except that the chair of the
executive committee may call the executive committee for additional meetings.
(f) The executive committee shall:
(i) recommend to the department fees to be imposed under this title;
(ii) accept public comment received under this title; and
(iii) carry out the responsibilities assigned to the executive committee by statute.
Section 2. Section 
4-18-302
 is amended to read:
4-18-302.
Definitions.
As used in this part:
(1) "Agricultural producer" means a person engaged in the production of a product of
agriculture, as defined in Section 
4-1-109
.
(2) "Commission" means the Conservation Commission created in Section 
4-18-104
.
(3) "Commissioner" means the commissioner of agriculture and food or the
commissioner's designee.
(4) "Demonstration project" means an on- or off-farm or ranch project that incorporates
soil health practices and principles into soil management for the purposes of demonstrating soil
health practices and the resulting impacts to agricultural producers and others.
(5) (a) "Educational project" means a project that promotes knowledge about soil
health to eligible entities, consumers, policymakers, and others.
(b) "Educational project" includes the development of written or video-based materials
or in-person events, such as workshops, field days, or conferences.
(6) "Eligible entities" means public, governmental, and private entities, including:
(a) conservation districts;
(b) producers;
(c) groups of producers;
(d) producer groups;
(e) producer cooperatives;
(f) water conservancy districts;
(g) American Indian Tribes;
(h) nonprofit entities;
(i) academic or research institutions and subdivisions of these institutions;
(j) the United States or any corporation or agency created or designed by the United
States; or
(k) the state or any of the state's agencies or political subdivisions.
(7) "Environmental benefits" means benefits to natural and agricultural resources and
human health, including:
(a) improved air quality;
(b) surface or ground water quality and quantity;
(c) improved soil health, including nutrient cycling, soil fertility, or drought resilience;
(d) reductions in agricultural inputs;
(e) carbon sequestration or climate resilience;
(f) increased biodiversity; or
(g) improved nutritional quality of agricultural products.
(8) "Historically underserved producer" means a producer who qualifies as one of the
following:
(a) a beginning farmer or rancher, as defined in 7 U.S.C. Sec. 2279;
(b) a limited resource farmer or rancher, as described in 7 U.S.C. Sec. 9081;
(c) a socially disadvantaged farmer or rancher, as defined in 7 U.S.C. Sec. 2003; or
(d) a veteran farmer or rancher, as defined in 7 U.S.C. Sec. 1502.
(9) "Implementation project" means a project that provides incentives directly to
producers to implement on-farm or on-ranch soil health practices.
(10) "Incentives" means monetary incentives, including grants and loans, or
non-monetary incentives, including equipment, technical assistance, educational materials,
outreach, and market development assistance for market premiums or ecosystem services
markets.
(11) "Land manager" means a manager of land where agricultural activities occur,
including:
(a) a federal land manager;
(b) a lessee of federal, tribal, state, county, municipal, or private land where
agricultural activities occur; or
(c) others as the department may determine.
(12) "Landowner" means an owner of record of federal, tribal, state, county, municipal,
or private land where agricultural activities occur.
(13) "Program" means the Utah Soil Health Program created in Section 
4-18-303
.
(14) (a) "Research project" means a project that advances the scientific understanding
of how agricultural practices improve soil health, and related impacts, such as environmental
benefits, benefits to human health, including the nutritive composition of foods, or economic
impacts.
(b) "Research project" includes projects at experiment stations, on:
(i) lands owned by the United States or any corporation or agency created or designed
by the United States; [
and
]
(ii) lands owned by the state or any of the state's agencies or political subdivisions; or 
(iii) private lands.
(15) "Soil health" means the continued capacity of soil to function as a vital living
ecosystem that sustains plants, animals, and humans.
(16) "Soil health activities" means implementation of soil health practices, research
projects, demonstration projects, or educational projects, or other activities the department
finds necessary or appropriate to promote soil health.
(17) "Soil Health Advisory Committee" means the committee created in Section
4-18-306
.
(18) "Soil health grant program" means the grant program authorized in Section
4-18-304
.
(19) "Soil health practices" means those practices that may contribute to soil health,
including:
(a) no-tillage;
(b) conservation tillage;
(c) crop rotations;
(d) intercropping;
(e) cover cropping;
(f) planned grazing;
(g) the application of soil amendments that add carbon or organic matter, including
biosolids, manure, compost, or biochar;
(h) revegetation; or
(i) other practices the department determines contribute or have the potential to
contribute to soil health.
(20) "Soil health principle" means a principle that promotes soil health and includes
maximizing soil cover, minimizing soil disturbance, maximizing biodiversity, maintaining a
continual live plant or root in the soil, or integrating livestock.
(21) "State soil health inventory and platform" means a tool, including a geospatial
inventory, documenting:
(a) the condition of agricultural soils;
(b) the implementation of soil health practices; or
(c) the environmental and economic impacts, including current and potential future
carbon holding capacity of soils, or other information the department considers appropriate.
(22) "Technical assistance organization" means a person, including an eligible entity,
who has demonstrated technical expertise in implementing soil health practices and soil health
principles, as determined by the department.
Section 3. Section 
4-18-306
 is amended to read:
4-18-306.
Soil Health Advisory Committee.
(1) The Soil Health Advisory Committee is created under the commission.
(2) The Soil Health Advisory Committee shall assist the commission in administering
the program.
(3) The Soil Health Advisory Committee shall maintain no less than seven members
appointed by the commissioner.
(4) Soil Health Advisory Committee members shall include farmers, ranchers, or other
agricultural producers of diverse production systems, including diversity in size, product,
irrigated and dryland systems, and other production methods. Members may include:
(a) an irrigated crop producer;
(b) a dryland crop producer;
(c) a dairyman or pasture producer;
(d) a rancher;
(e) a specialty crop or small farm producer;
(f) a crop consultant;
(g) a tribal representative;
(h) a representative with expertise in soil health;
(i) a [
board
] 
committee
 member representative of the commission; or
(j) a Utah Association of Conservation Districts representative.
(5) At least two members of the Soil Health Advisory Committee shall be water users
who own, lease, or represent owners of adjudicated water rights used for agricultural purposes.
(6) Representation on the Soil Health Advisory Committee shall reflect the different
geographic areas and demographic diversity of the state, to the greatest extent possible.
(7) (a) The commissioner shall appoint members of the Soil Health Advisory
Committee for two year terms.
(b) Notwithstanding the requirements of Subsection (7)(a), the commissioner shall, at
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
Soil Health Advisory Committee members are staggered so that approximately half of the
committee is appointed every two years.
(c) An appointee to the Soil Health Advisory Committee may not serve more than two
full terms.
(8) A Soil Health Advisory Committee member shall hold office until the expiration of
the term for which the member is appointed or until a successor has been duly appointed.
(9) The commissioner may remove a member of the Soil Health Advisory Committee
for cause.
(10) The Soil Health Advisory Committee may invite a representative of the Utah
Association of Conservation Districts, the United States Department of Agriculture Natural
Resources Conservation Service, Utah State University faculty member, the Department of
Natural Resources, Division of Water Rights, and Division of Water Quality, to provide
technical expertise to the Soil Health Advisory Committee on an as needed basis.
(11) The department will provide staff to manage the Soil Advisory Health Committee.
(12) The Soil Health Advisory Committee shall make recommendations to the
commission concerning and assist in:
(a) setting program priorities;
(b) developing the development of guidelines for the implementation of the program,
including guidelines and recommendations for the qualifications of nonprofit entities to receive
grant money;
(c) soliciting input from similar stakeholders within each member's area of expertise
and region of the state and communicate the Soil Health Advisory Committee's
recommendations to the region and stakeholders represented by each member;
(d) soliciting input, in collaboration with the department, from underserved agricultural
producers;
(e) soliciting input from producers that reflect the different geographic areas and
demographic diversity of the state to the greatest extent possible;
(f) identifying key questions and areas of need to recommend for future research and
demonstration efforts;
(g) reviewing soil health grant proposals, including proposed budgets, proposed grant
outcomes, and the qualifications of any nonprofits applying for grants;
(h) creating a screening and ranking system for proposals and proposing funding
recommendations to the commission;
(i) reviewing agreements for cooperation or collaboration entered into by the
department pursuant to Subsection 
4-18-305
(1)(f) and making recommendations to the
commission for approval;
(j) reviewing and recommending soil health practices to ensure they support soil
health;
(k) evaluating the results and effectiveness of soil health activities and the program in
improving soil health; and
(l) recommending to the commission, ways to enhance statewide efforts to support
healthy soils throughout the state.
(13) The Soil Health Advisory Committee shall meet at least quarterly. Meetings shall
be conducted as required by Title 52, Chapter 4, Open and Public Meetings Act.
(14) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 4. Section 
13-23-4
 is amended to read:
13-23-4.
Rescission.
(1) A consumer may rescind a contract for the purchase of a health spa service by
emailing or mailing written notice of the consumer's intent to rescind:
(a) to the email address or mailing address the health spa provided in the contract, as
described in Subsection [
13-23-4
(6)(b)
] 
13-23-3
(6)(b)
; and
(b) (i) before midnight of the third business day after the day on which the consumer
and health spa execute the contract, as recorded by timestamp or postmark; or
(ii) if a consumer and health spa execute the contract when the consumer's primary
location is not fully operational and available for use, before midnight of the third business day
after the day on which the consumer's primary location becomes fully operational and available
for use, as recorded by timestamp or postmark.
(2) (a) A consumer who rescinds a contract under this section is entitled to a refund of
every payment the consumer made, less the reasonable value of any health spa service the
consumer actually received.
(b) The preparation and processing of the contract or another document is not a health
spa service that is deductible under Subsection (2)(a) from any refundable amount.
(c) In an enforcement action that the division initiates, a health spa has the burden of
proving that any value the health spa retains under Subsection (2)(a) is reasonable.
(3) The rescission of a contract under this section is effective upon the health spa's
receipt of written notice of the consumer's intent to rescind the contract.
Section 5. Section 
13-32a-106
 is amended to read:
13-32a-106.
Transaction information provided to the central database --
Protected information.
(1) (a) Except as provided in Subsection 
13-32a-104.6
(4), a pawn or secondhand
business shall transmit electronically in a compatible format information required to be
recorded under Sections [
13-32a-103
,
] 
13-32a-104
, 
13-32a-104.5
, and 
13-32a-104.6
 that is
capable of being transmitted electronically to the central database within 24 hours after
entering into the transaction.
(b) The division may specify by rule, made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the information capable of being transmitted
electronically under Subsection (1)(a).
(2) A pawn or secondhand business shall maintain tickets generated by the pawn or
secondhand business and shall maintain the tickets in a manner so that the tickets are available
to local law enforcement agencies as required by this chapter and as requested by any law
enforcement agency as part of an investigation or reasonable random inspection conducted
pursuant to this chapter.
(3) (a) If a pawn or secondhand business experiences a computer or electronic
malfunction that affects its ability to report transactions as required in Subsection (1), the pawn
or secondhand business shall immediately notify the division and the local law enforcement
agency of the malfunction.
(b) The pawn or secondhand business shall solve the malfunction within three business
days or notify the division and the local law enforcement agency under Subsection (4).
(4) If the computer or electronic malfunction under Subsection (3) cannot be solved
within three business days, the pawn or secondhand business shall notify the division and the
local law enforcement agency of the reasons for the delay and provide documentation from a
reputable computer maintenance company of the reasons why the computer or electronic
malfunction cannot be solved within three business days.
(5) A computer or electronic malfunction does not suspend the pawn or secondhand
business' obligation to comply with all other provisions of this chapter.
(6) During the malfunction under Subsections (3) and (4), the pawn or secondhand
business shall:
(a) arrange with the local law enforcement agency a mutually acceptable alternative
method by which the pawn or secondhand business provides the required information to the
local law enforcement agency; and
(b) a pawn or secondhand business shall maintain the tickets and other related
information required under this chapter in a written form.
(7) A pawn or secondhand business that violates the electronic transaction reporting
requirement of this section is subject to an administrative fine of $50 per day if:
(a) the pawn or secondhand business is unable to submit the information electronically
due to a computer or electronic malfunction;
(b) the three business day period under Subsection (3) has expired; and
(c) the pawn or secondhand business has not provided documentation regarding its
inability to solve the malfunction as required under Subsection (4).
(8) A pawn or secondhand business is not responsible for a delay in transmission of
information that results from a malfunction in the central database.
(9) A violation of this section is a Class B misdemeanor and is also subject to civil
penalties under Section 
13-32a-110
.
Section 6. Section 
13-32a-109
 is amended to read:
13-32a-109.
Holding period for property -- Return of property -- Penalty.
(1) (a) A pawnbroker may sell property pawned to the pawnbroker if:
(i) 15 calendar days have passed after the day on which the pawnbroker submits the
information and any required photograph to the central database;
(ii) the contract period between the pawnbroker and the pledgor expires; and
(iii) the pawnbroker has complied with Sections [
13-32a-103
,
] 
13-32a-104
[
,
] and
13-32a-106
.
(b) If property, including scrap jewelry, is purchased by a pawn or secondhand
business, the pawn or secondhand business may sell the property if the pawn or secondhand
business has held the property for 15 calendar days after the day on which the pawn or
secondhand business submits the information to the central database, and complied with
Sections [
13-32a-103
,
] 
13-32a-104
, 
13-32a-104.6
, and 
13-32a-106
, except that the pawn or
secondhand business is not required to hold precious metals or numismatic items under this
Subsection (1)(b).
(c) (i) This Subsection (1) does not preclude a law enforcement agency from requiring
a pawn or secondhand business to hold property if necessary in the course of an investigation.
(ii) If the property is pawned, the law enforcement agency may require the property be
held beyond the terms of the contract between the pledgor and the pawnbroker.
(iii) If the property is sold to the pawn or secondhand business, the law enforcement
agency may require the property be held if the pawn or secondhand business has not sold the
article.
(d) If the law enforcement agency requesting a hold on property under this Subsection
(1) is not the local law enforcement agency, the requesting law enforcement agency shall notify
the local law enforcement agency of the request and also the pawn or secondhand business.
(2) If a law enforcement agency requires the pawn or secondhand business to hold
property as part of an investigation, the law enforcement agency shall provide to the pawn or
secondhand business a hold form issued by the law enforcement agency, that:
(a) states the active case number;
(b) confirms the date of the hold request and the property to be held; and
(c) facilitates the ability of the pawn or secondhand business to track the property when
the prosecution takes over the case.
(3) If property is not seized by a law enforcement agency that has placed a hold on the
property, the property shall remain in the custody of the pawn or secondhand business until
further disposition by the law enforcement agency, and as consistent with this chapter.
(4) The initial hold by a law enforcement agency is for a period of 90 days. If the
property is not seized by the law enforcement agency, the property shall remain in the custody
of the pawn or secondhand business and is subject to the hold unless exigent circumstances
require the property to be seized by the law enforcement agency.
(5) (a) A law enforcement agency may extend any hold for up to an additional 90 days
if circumstances require the extension.
(b) If there is an extension of a hold under Subsection (5)(a), the requesting law
enforcement agency shall notify the pawn or secondhand business that is subject to the hold
prior to the expiration of the initial 90 days.
(c) A law enforcement agency may not hold an item for more than the 180 days
allowed under Subsections (5)(a) and (b) without obtaining a court order authorizing the hold.
(6) A hold on property under Subsection (2) takes precedence over any request to claim
or purchase the property subject to the hold.
(7) If an original victim who has complied with Section 
13-32a-115
 has not been
identified and the hold or seizure of the property is terminated, the law enforcement agency
requiring the hold or seizure shall within 15 business days after the termination:
(a) notify the pawn or secondhand business in writing that the hold or seizure has been
terminated;
(b) return the property subject to the seizure to the pawn or secondhand business; or
(c) if the property is not returned to the pawn or secondhand business, advise the pawn
or secondhand business either in writing or electronically of the specific alternative disposition
of the property.
(8) (a) If the original victim who has complied with Section 
13-32a-115
 has been
identified and the hold or seizure of property is terminated, the law enforcement agency
requiring the hold or seizure shall:
(i) document the original victim who has positively identified the property; and
(ii) provide the documented information concerning the original victim to the
prosecuting agency to determine whether continued possession of the property is necessary for
purposes of prosecution, as provided in Section 
24-3-103
.
(b) If the prosecuting agency determines that continued possession of the property is
not necessary for purposes of prosecution, as provided in Section 
24-3-103
, the prosecuting
agency shall provide a written or electronic notification to the law enforcement agency that
authorizes the return of the property to an original victim who has complied with Section
13-32a-115
.
(c) (i) A law enforcement agency shall promptly provide notice to the pawn or
secondhand business of the authorized return of the property under this Subsection (8).
(ii) The notice shall identify the original victim, advise the pawn or secondhand
business that the original victim has identified the property, and direct the pawn or secondhand
business to release the property to the original victim at no cost to the original victim.
(iii) If the property was seized, the notice shall advise that the property will be returned
to the original victim within 15 days after the day on which the pawn or secondhand business
receives the notice, except as provided under Subsection (8)(d).
(d) The pawn or secondhand business shall release property under Subsection (8)(c)
unless within 15 days of receiving the notice the pawn or secondhand business complies with
Section 
13-32a-116.5
. 
(9) If the law enforcement agency does not notify the pawn or secondhand business
that a hold on the property has expired, the pawn or secondhand business shall send a letter by
registered or certified mail to the law enforcement agency that ordered the hold and inform the
agency that the holding period has expired. The law enforcement agency shall respond within
30 days by:
(a) confirming that the hold period has expired and that the pawn or secondhand
business may manage the property as if acquired in the ordinary course of business; or
(b) providing written notice to the pawn or secondhand business that a court order has
continued the period of time for which the item shall be held.
(10) The written notice under Subsection (9)(b) is considered provided when:
(a) personally delivered to the pawn or secondhand business with a signed receipt of
delivery;
(b) delivered to the pawn or secondhand business by registered or certified mail; or
(c) delivered by any other means with the mutual assent of the law enforcement agency
and the pawn or secondhand business.
(11) If the law enforcement agency does not respond within 30 days under Subsection
(9), the pawn or secondhand business may manage the property as if acquired in the ordinary
course of business.
(12) A violation of this section is a class B misdemeanor and is also subject to civil
penalties under Section 
13-32a-110
.
Section 7. Section 
13-32a-116.5
 is amended to read:
13-32a-116.5.
Contested disposition of property - Procedure. 
(1) If a pawn or secondhand business receives notice from a law enforcement agency
under Section 
13-32a-109
 that property that is the subject of a hold or seizure shall be returned
to an identified original victim, the pawn or secondhand business may contest the
determination and seek a specific alternative disposition if within 15 business days after the day
on which the pawn or secondhand business receives the notice:
(a) the pawn or secondhand business gives notice to the identified original victim, by
certified mail, that the pawn or secondhand business contests the determination to return the
property to the original victim; and
(b) 
the pawn or secondhand business
 files a petition in a court having jurisdiction over
the matter to determine rightful ownership of the property as provided in Section 
24-3-104
.
(2) A pawn or secondhand business is guilty of a class B misdemeanor if the pawn or
secondhand business:
(a) holds or sells property in violation of a notification from a law enforcement agency
that the property is to be returned to an original victim; and
(b) the pawn or secondhand business does not comply with the requirements of this
section within the time periods specified. 
Section 8. Section 
13-58-302
 is amended to read:
13-58-302.
Cure of default.
(1) If a motorboat dealer defaults as described in Section 
13-58-301
, the manufacturer
or distributor who is part of the agreement shall:
(a) give the dealer written notice of the dealer's default; and
(b) allow the dealer to cure the default within the period described in Subsection (2).
(2) A motorboat dealer may cure a default no later than:
(a) 30 days after the day on which the dealer receives the notice described in
Subsection (1), if the dealer defaulted as described in Subsection 
13-58-301
(1)(b) or (2);
(b) 60 days after the day on which the dealer receives the notice described in
Subsection (1), if the dealer defaulted as described in Subsection 
13-58-301
(1)(a)[
, (d), or (e)
];
and
(c) 160 days after the day on which the dealer receives the notice described in
Subsection (1), if the dealer defaulted as described in Subsection 
13-58-301
(1)(c).
Section 9. Section 
17-27a-1103
 is amended to read:
17-27a-1103.
County adoption of a county large concentrated animal feeding
operation land use ordinance.
(1) (a) The legislative body of a county desiring to restrict siting of large concentrated
animal feeding operations shall adopt a county large concentrated animal feeding operation
land use ordinance in accordance with this part by no later than February 1, 2022.
(b) A county may consider an application to locate large concentrated animal feeding
operations in the county before the county adopts the county large concentrated animal feeding
operation land use ordinance under this part.
(2) A county large concentrated animal feeding operation land use ordinance described
in Subsection (1) shall:
(a) designate geographic areas of sufficient size to support large concentrated animal
feeding operations, including state trust lands described in Subsection 
53C-1-103
(8) and
private property within the county, including adopting a map described in Section
17-27a-1104
;
(b) establish requirements and procedures for applying for 
a
 land use decision that
provides a reasonable opportunity to operate large concentrated animal feeding operations
within the geographic area described in Subsection (2)(a);
(c) disclose fees imposed to apply for the land use decision described in Subsection
(2)(b);
(d) disclose any requirements in addition to fees described in Subsection (2)(c) to be
imposed by the county; and
(e) provide for administrative remedies consistent with this chapter.
(3) (a) This part does not authorize a county to regulate the operation of large
concentrated animal feeding operations in any way that conflicts with state or federal statutes
or regulations.
(b) Nothing in this part supersedes or authorizes enactment of an ordinance that
infringes on Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection
Areas, or Title 4, Chapter 44, Agricultural Operations Nuisances Act.
Section 10. Section 
17-41-405
 is amended to read:
17-41-405.
Eminent domain restrictions.
(1) A political subdivision having or exercising eminent domain powers may not
condemn for any purpose any land within an agriculture protection area that is being used for
agricultural production, land within an industrial protection area that is being put to an
industrial use, or land within a critical infrastructure materials protection area, unless the
political subdivision obtains approval, according to the procedures and requirements of this
section, from the applicable legislative body and the advisory board.
(2) Any condemnor wishing to condemn property within an agriculture protection area,
industrial protection area, or critical infrastructure materials protection area shall file a notice
of condemnation with the applicable legislative body and the relevant protection area's advisory
board at least 30 days before filing an eminent domain complaint.
(3) The applicable legislative body and the advisory board shall:
(a) hold a joint public hearing on the proposed condemnation at a location within the
county in which the relevant protection area is located; 
and
(b) post notice of the time, date, place, and purpose of the public hearing:
(i) on the Utah Public Notice Website created in Section 
63A-16-601
; and
(ii) in five conspicuous public places, designated by the applicable legislative body,
within or near the relevant protection area.
(4) (a) If the condemnation is for highway purposes or for the disposal of solid or
liquid waste materials, the applicable legislative body and the advisory board may approve the
condemnation only if there is no reasonable and prudent alternative to the use of the land
within the agriculture protection area, industrial protection area, or critical infrastructure
materials protection area for the project.
(b) If the condemnation is for any other purpose, the applicable legislative body and the
advisory board may approve the condemnation only if:
(i) the proposed condemnation would not have an unreasonably adverse effect upon the
preservation and enhancement of:
(A) agriculture within the agriculture protection area;
(B) the industrial use within the industrial protection area; or
(C) critical infrastructure materials operations within the critical infrastructure
materials protection area; or
(ii) there is no reasonable and prudent alternative to the use of the land within the
relevant protection area for the project.
(5) (a) Within 60 days after receipt of the notice of condemnation, the applicable
legislative body and the advisory board shall approve or reject the proposed condemnation.
(b) If the applicable legislative body and the advisory board fail to act within the 60
days or such further time as the applicable legislative body establishes, the condemnation shall
be considered rejected.
(6) The applicable legislative body or the advisory board may request the county or
municipal attorney to bring an action to enjoin any condemnor from violating any provisions of
this section.
Section 11. Section 
20A-7-307
 is amended to read:
20A-7-307.
Evaluation by the lieutenant governor.
(1) When the lieutenant governor receives a referendum packet from a county clerk, the
lieutenant governor shall record the number of the referendum packet received.
(2) (a) The county clerk shall:
(i) post the names and voter identification numbers described in Subsection
20A-7-306
[
(3)
]
(2)
(c) on the lieutenant governor's website, in a conspicuous location
designated by the lieutenant governor, for at least 45 days; and
(ii) update on the lieutenant governor's website the number of signatures certified as of
the date of the update.
(b) The lieutenant governor:
(i) shall, except as provided in Subsection (2)(b)(ii), declare the petition to be sufficient
or insufficient 106 days after the end of the legislative session at which the law passed; or
(ii) may declare the petition to be insufficient before the day described in Subsection
(2)(b)(i) if:
(A) the total of all valid signatures on timely and lawfully submitted signature packets
that have been certified by the county clerks, plus the number of signatures on timely and
lawfully submitted signature packets that have not yet been evaluated for certification, is less
than the number of names required under Section 
20A-7-301
; or
(B) a requirement of this part has not been met.
(c) If the total number of names certified under this Subsection (2) equals or exceeds
the number of names required under Section 
20A-7-301
, and the requirements of this part are
met, the lieutenant governor shall mark upon the front of the petition the word "sufficient."
(d) If the total number of names certified under this Subsection (2) does not equal or
exceed the number of names required under Section 
20A-7-301
 or a requirement of this part is
not met, the lieutenant governor shall mark upon the front of the petition the word
"insufficient."
(e) The lieutenant governor shall immediately notify any one of the sponsors of the
lieutenant governor's finding.
(f) After a petition is declared insufficient, a person may not submit additional
signatures to qualify the petition for the ballot.
(3) (a) If the lieutenant governor refuses to accept and file a referendum that a voter
believes is legally sufficient, the voter may, no later than 10 days after the day on which the
lieutenant governor declares the petition insufficient, apply to the appropriate court for an
extraordinary writ to compel the lieutenant governor to accept and file the referendum petition.
(b) If the court determines that the referendum petition is legally sufficient, the
lieutenant governor shall file the petition, with a verified copy of the judgment attached to the
referendum petition, as of the date on which the petition was originally offered for filing in the
lieutenant governor's office.
(c) If the court determines that a petition filed is not legally sufficient, the court may
enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
and numbers of that measure on the official ballot.
(4) A petition determined to be sufficient in accordance with this section is qualified
for the ballot.
Section 12. Section 
20A-7-607
 is amended to read:
20A-7-607.
Evaluation by the local clerk -- Determination of election for vote on
referendum.
(1) When the local clerk receives a referendum packet from a county clerk, the local
clerk shall record the number of the referendum packet received.
(2) (a) The county clerk shall:
(i) post the names and voter identification numbers described in Subsection
20A-7-606
(3)(c) on the lieutenant governor's website, in a conspicuous location designated by
the lieutenant governor, for at least 45 days; and
(ii) update on the local clerk's website the number of signatures certified as of the date
of the update.
(b) The local clerk:
(i) shall, except as provided in Subsection (2)(b)(ii), declare the petition to be sufficient
or insufficient no later than 111 days after the day of the deadline, described in Subsection
20A-7-606
(1), to submit a referendum packet to the county clerk; or
(ii) may declare the petition to be insufficient before the day described in Subsection
(2)(b)(i) if:
(A) the total of all valid signatures on timely and lawfully submitted signature packets
that have been certified by the county clerk, plus the number of signatures on timely and
lawfully submitted signature packets that have not yet been evaluated for certification, is less
than the number of names required under Section 
20A-7-601
; or
(B) a requirement of this part has not been met.
(c) If the total number of names certified under this Subsection (2) equals or exceeds
the number of names required under Section 
20A-7-601
, and the requirements of this part are
met, the local clerk shall mark upon the front of the petition the word "sufficient";
(d) If the total number of names certified under this Subsection (2) does not equal or
exceed the number of names required under Section 
20A-7-601
 or a requirement of this part is
not met, the local clerk shall mark upon the front of the petition the word "insufficient."
(e) The local clerk shall immediately notify any one of the sponsors of the local clerk's
finding.
(f) After a petition is declared insufficient, a person may not submit additional
signatures to qualify the petition for the ballot.
(3) (a) If the local clerk refuses to accept and file any referendum petition, any voter
may apply to a court for an extraordinary writ to compel the local clerk to do so within 10 days
after the refusal.
(b) If the court determines that the referendum petition is legally sufficient, the local
clerk shall file the petition, with a verified copy of the judgment attached to the petition, as of
the date on which the petition was originally offered for filing in the local clerk's office.
(c) If the court determines that any petition filed is not legally sufficient, the court may
enjoin the local clerk and all other officers from:
(i) certifying or printing the ballot title and numbers of that measure on the official
ballot for the next election; or
(ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing,
or mailing the ballot title and numbers of that measure under Section 
20A-7-609.5
.
(4) A petition determined to be sufficient in accordance with this section is qualified
for the ballot.
(5) (a) Except as provided in Subsection [
(6)
] 
(5)
(b) or (c), if a referendum relates to
legislative action taken after April 15, the election officer may not place the referendum on an
election ballot until a primary election, a general election, or a special election the following
year.
(b) The election officer may place a referendum described in Subsection [
(6)
] 
(5)
(a) on
the ballot for a special, primary, or general election held during the year that the legislative
action was taken if the following agree, in writing, on a timeline to place the referendum on
that ballot:
(i) the local clerk;
(ii) the county clerk; and
(iii) the attorney for the county or municipality that took the legislative action.
(c) For a referendum on a land use law, if, before August 30, the local clerk or a court
determines that the total number of certified names equals or exceeds the number of signatures
required in Section 
20A-7-601
, the election officer shall place the referendum on the election
ballot for:
(i) the next general election; or
(ii) another election, if the following agree, in writing, on a timeline to place the
referendum on that ballot:
(A) the affected owners, as defined in Section 
10-9a-103
 or 
17-27a-103
, as applicable;
(B) the local clerk;
(C) the county clerk; and
(D) the attorney for the county or municipality that took the legislative action.
Section 13. Section 
20A-20-203
 is amended to read:
20A-20-203.
Exemptions from and applicability of certain legal requirements --
Risk management -- Code of ethics.
(1) The commission is exempt from:
(a) except as provided in Subsection (3), Title 63A, Utah Government Operations
Code;
(b) Title 63G, Chapter 4, Administrative Procedures Act; and
(c) Title 63A, Chapter 17, Utah State Personnel Management Act.
(2) (a) The commission shall adopt budgetary procedures, accounting, and personnel
and human resource policies substantially similar to those from which the commission is
exempt under Subsection (1).
(b) The commission is subject to:
(i) Title 52, Chapter 4, Open and Public Meetings Act;
(ii) [
Title 63A, Chapter 1, Part 2
,
] 
Section 
67-3-12
 relating to the
 Utah [
Public Finance
Website
] 
public finance website
;
(iii) Title 63G, Chapter 2, Government Records Access and Management Act;
(iv) Title 63G, Chapter 6a, Utah Procurement Code; and
(v) Title 63J, Chapter 1, Budgetary Procedures Act.
(3) Subject to the requirements of Subsection 
63E-1-304
(2), the commission may
participate in coverage under the Risk Management Fund created by Section 
63A-4-201
.
(4) (a) The commission may, by majority vote, adopt a code of ethics.
(b) The commission, and the commission's members and employees, shall comply with
a code of ethics adopted under Subsection (4)(a).
(c) The executive director of the commission shall report a commission member's
violation of a code of ethics adopted under Subsection (4)(a) to the appointing authority of the
commission member.
(d) (i) A violation of a code of ethics adopted under Subsection (4)(a) constitutes cause
to remove a member from the commission under Subsection 
20A-20-201
(3)(b).
(ii) An act or omission by a member of the commission need not constitute a violation
of a code of ethics adopted under Subsection (4)(a) to be grounds to remove a member of the
commission for cause.
Section 14. Section 
24-2-104
 is amended to read:
24-2-104.
Custody of seized property and contraband.
(1) If a peace officer seizes property or contraband under Section 
24-2-102
, the
property and contraband:
(a) is not recoverable by replevin; and
(b) is considered in the custody of the agency that employed the peace officer.
(2) An agency with custody of seized property shall:
(a) hold the property in safe custody until the property is released or disposed of in
accordance with this title; and
(b) maintain a record of the property, including:
(i) a detailed inventory of all property seized;
(ii) the name of the person from [
whom
] 
which
 the property was seized; and
(iii) the agency's case number.
(3) An agency may process property or contraband that is seized by a peace officer for
evidentiary or investigative purposes, including sampling or other preservation procedure,
before disposal or destruction.
(4) (a) Except as provided in Subsection (4)(b), no later than 30 days after the day on
which a peace officer seizes property in the form of cash or other readily negotiable
instruments under Section 
24-2-102
, an agency shall deposit the property into a separate,
restricted, interest-bearing account maintained by the agency solely for the purpose of
managing and protecting the property from commingling, loss, or devaluation.
(b) A prosecuting attorney may authorize one or more written extensions of the 30-day
period under Subsection (4)(a) if the property needs to maintain the form in which the property
was seized for evidentiary purposes or other good cause.
(c) An agency shall:
(i) have written policies for the identification, tracking, management, and safekeeping
of seized property; and
(ii) shall have a written policy that prohibits the transfer, sale, or auction of seized
property to an employee of the agency.
Section 15. Section 
24-3-101.5
 is amended to read:
24-3-101.5.
Application of this chapter.
The provisions of this chapter do not apply to property for which an agency has filed a
notice of intent to seek forfeiture under Section [
23-4-103
] 
24-4-103
.
Section 16. Section 
24-4-102
 is amended to read:
24-4-102.
Property subject to forfeiture.
(1) Except as provided in Subsection (2), (3), or (4), an agency may seek to forfeit:
(a) seized property that was used to facilitate the commission of an offense that is a
violation of federal or state law; and
(b) seized proceeds.
(2) If seized property is used to facilitate an offense that is a violation of Section
76-10-1204
, 
76-10-1205
, 
76-10-1206
, or 
76-10-1222
, an agency may not forfeit the property if
the forfeiture would constitute a prior restraint on the exercise of an affected party's rights
under the First Amendment to the Constitution of the United States or Utah Constitution,
Article I, Section 15, or would otherwise unlawfully interfere with the exercise of the party's
rights under the First Amendment to the Constitution of the United States or Utah Constitution,
Article I, Section 15.
(3) If a motor vehicle is used in an offense that is a violation of Section 
41-6a-502
,
41-6a-517
, a local ordinance that complies with the requirements of Subsection 
41-6a-510
(1),
Subsection 
58-37-8
(2)(g), or Section 
76-5-207
, an agency may not seek forfeiture of the motor
vehicle, unless:
(a) the operator of the vehicle has previously been convicted of an offense committed
after May 12, 2009, that is:
(i) a felony driving under the influence violation under Section 
41-6a-502
;
(ii) a felony violation under Subsection 
58-37-8
(2)(g); or
(iii) automobile homicide under Section 
76-5-207
; or
(b) the operator of the vehicle was driving on a denied, suspended, revoked, or
disqualified license and:
(i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii)
was imposed because of a violation under:
(A) Section 
41-6a-502
;
(B) Section 
41-6a-517
;
(C) a local ordinance that complies with the requirements of Subsection 
41-6a-510
(1);
(D) Section 
41-6a-520
;
(E) Subsection 
58-37-8
(2)(g);
(F) Section 
76-5-207
; or
(G) a criminal prohibition as a result of a plea bargain after having been originally
charged with violating one or more of the sections or ordinances described in Subsections
(3)(b)(i)(A) through (F); or
(ii) the denial, suspension, revocation, or disqualification described in Subsections
(3)(b)(i)(A) through (G):
(A) is an extension imposed under Subsection 
53-3-220
(2) of a denial, suspension,
revocation, or disqualification; and
(B) the original denial, suspension, revocation, or disqualification was imposed
because of a violation described in Subsections (3)(b)(i)(A) through (G).
(4) If a peace officer seizes property incident to an arrest solely for possession of a
controlled substance under Subsection 
58-37-8
(2)(a)(i) but not Subsection [
53-37-8
]
58-37-8
(2)(b)(i), an agency may not seek to forfeit the property that was seized in accordance
with the arrest.
Section 17. Section 
24-4-118
 is amended to read:
24-4-118.
Forfeiture reporting requirements.
(1) An agency shall provide all reasonably available data described in Subsection (5):
(a) if transferring the forfeited property resulting from the final disposition of any civil
or criminal forfeiture matter to the commission as required under Subsection 
24-4-115
(5); or
(b) if the agency has been awarded an equitable share of property forfeited by the
federal government.
(2) The commission shall develop a standardized report format that each agency shall
use in reporting the data required under this section.
(3) The commission shall annually, on or before April 30, prepare a summary report of
the case data submitted by each agency under Subsection (1) during the prior calendar year.
(4) (a) If an agency does not comply with the reporting requirements under this section,
the commission shall contact the agency and request that the agency comply with the required
reporting provisions.
(b) If an agency fails to comply with the reporting requirements under this section
within 30 days after receiving the request to comply, the commission shall report the
noncompliance to the attorney general, the speaker of the House of Representatives, and the
president of the Senate.
(5) The data for any civil or criminal forfeiture matter for which final disposition has
been made under Subsection (1) shall include:
(a) the agency that conducted the seizure;
(b) the case number or other identification;
(c) the date or dates on which the seizure was conducted;
(d) the number of individuals having a known property interest in each seizure of
property;
(e) the type of property seized;
(f) the alleged offense that was the cause for seizure of the property;
(g) whether any criminal charges were filed regarding the alleged offense, and if so, the
final disposition of each charge, including the conviction, acquittal, or dismissal, or whether
action on a charge is pending;
(h) the type of enforcement action that resulted in the seizure, including an
enforcement stop, a search warrant, or an arrest warrant;
(i) whether the forfeiture procedure was civil or criminal;
(j) the value of the property seized, including currency and the estimated market value
of any tangible property;
(k) the final disposition of the matter, including whether final disposition was entered
by stipulation of the parties, including the amount of property returned to any claimant, by
default, by summary judgment, by jury award, or by guilty plea or verdict in a criminal
forfeiture;
(l) if the property was forfeited by the federal government, the amount of forfeited
money awarded to the agency;
(m) the agency's direct costs, expense of reporting under this section, and expenses for
obtaining and maintaining the seized property, as described in Subsection 
24-4-115
(3)(a);
(n) the legal costs and attorney fees paid to the prosecuting attorney, as described in
Subsection 
24-4-115
(3)(b); and
(o) if the property was transferred to a federal agency or any governmental entity not
created under and subject to state law:
(i) the date of the transfer;
(ii) the name of the federal agency or entity to which the property was transferred;
(iii) a reference to which reason under Subsection 
24-2-106
(3) justified the transfer;
(iv) the court or agency where the forfeiture case was heard;
(v) the date of the order of transfer of the property; and
(vi) the value of the property transferred to the federal agency, including currency and
the estimated market value of any tangible property.
(6) An agency shall annually on or before April 30 submit a report for the prior
calendar year to the commission that states:
(a) whether the agency received an award from the State Asset Forfeiture Grant
Program under Section 
24-4-117
 and, if so, the following information for each award:
(i) the amount of the award;
(ii) the date of the award;
(iii) how the award was used or is planned to be used; and
(iv) a statement signed by both the agency's executive officer or designee and by the
agency's legal counsel, that:
(A) the agency has complied with all inventory, policy, and reporting requirements
under Section 
24-4-117
; and
(B) all awards were used for crime reduction or law enforcement purposes as specified
in the application and that the awards were used only upon approval by the agency's legislative
body; and
(b) whether the agency received any property, money, or other things of value in
accordance with federal law as described in Subsection [
24-2-106
(6)
] 
24-2-105
(7)
 and, if so,
the following information for each piece of property, money, or other thing of value:
(i) the case number or other case identification;
(ii) the value of the award and the property, money, or other things of value received by
the agency;
(iii) the date of the award;
(iv) the identity of any federal agency involved in the forfeiture;
(v) how the awarded property has been used or is planned to be used; and
(vi) a statement signed by both the agency's executive officer or designee and by the
agency's legal counsel, that the agency has only used the award for crime reduction or law
enforcement purposes authorized under Section 
24-4-117
, and that the award was used only
upon approval by the agency's legislative body.
(7) (a) On or before July 1 of each year, the commission shall submit notice of the
annual reports in Subsection (3) and Subsection (6), in electronic format, to:
(i) the attorney general;
(ii) the speaker of the House of Representatives, for referral to any House standing or
interim committees with oversight over law enforcement and criminal justice;
(iii) the president of the Senate, for referral to any Senate standing or interim
committees with oversight over law enforcement and criminal justice; and
(iv) each law enforcement agency.
(b) The reports described in Subsection (3) and Subsection (6), as well as the
individual case data described in Subsection (1) for the previous calendar year, shall be
published on the Utah Open Government website at open.utah.gov on or before July 15 of each
year.
Section 18. Section 
26-8a-413
 is amended to read:
26-8a-413.
License renewals.
(1) A licensed provider desiring to renew its license shall meet the renewal
requirements established by department rule.
(2) The department shall issue a renewal license for a ground ambulance provider or a
paramedic provider upon the licensee's application for a renewal and without a public hearing
if:
(a) the applicant was licensed under the provisions of Sections 
26-8a-406
 through
26-8a-409
; and
(b) there has been:
(i) no change in controlling interest in the ownership of the licensee as defined in
Section 
26-8a-415
;
(ii) no serious, substantiated public complaints filed with the department against the
licensee during the term of the previous license;
(iii) no material or substantial change in the basis upon which the license was
originally granted;
(iv) no reasoned objection from the committee or the department; and
(v) no change to the license type.
(3) (a) (i) The provisions of this Subsection (3) apply to a provider licensed under the
provisions of Sections 
26-8a-405.1
 and 
26-8a-405.2
.
(ii) A provider may renew its license if the provisions of Subsections (1)[
, (2)(a)
through (d),
] 
and (2)
 and this Subsection (3) are met.
(b) (i) The department shall issue a renewal license to a provider upon the provider's
application for renewal for one additional four-year term if the political subdivision certifies to
the department that the provider has met all of the specifications of the original bid.
(ii) If the political subdivision does not certify to the department that the provider has
met all of the specifications of the original bid, the department may not issue a renewal license
and the political subdivision shall enter into a public bid process under Sections 
26-8a-405.1
and 
26-8a-405.2
.
(c) (i) The department shall issue an additional renewal license to a provider who has
already been issued a one-time renewal license under the provisions of Subsection (3)(b)(i) if
the department and the political subdivision do not receive, prior to the expiration of the
provider's license, written notice from an approved applicant informing the political
subdivision of the approved applicant's desire to submit a bid for ambulance or paramedic
service.
(ii) If the department and the political subdivision receive the notice in accordance with
Subsection (3)(c)(i), the department may not issue a renewal license and the political
subdivision shall enter into a public bid process under Sections 
26-8a-405.1
 and 
26-8a-405.2
.
(4) The department shall issue a renewal license for an air ambulance provider upon
the licensee's application for renewal and completion of the renewal requirements established
by department rule.
Section 19. Section 
26-18-503
 is amended to read:
26-18-503.
Authorization to renew, transfer, or increase Medicaid certified
programs -- Reimbursement methodology.
(1) (a) The division may renew Medicaid certification of a certified program if the
program, without lapse in service to Medicaid recipients, has its nursing care facility program
certified by the division at the same physical facility as long as the licensed and certified bed
capacity at the facility has not been expanded, unless the director has approved additional beds
in accordance with Subsection (5).
(b) The division may renew Medicaid certification of a nursing care facility program
that is not currently certified if:
(i) since the day on which the program last operated with Medicaid certification:
(A) the physical facility where the program operated has functioned solely and
continuously as a nursing care facility; and
(B) the owner of the program has not, under this section or Section 
26-18-505
,
transferred to another nursing care facility program the license for any of the Medicaid beds in
the program; and
(ii) except as provided in Subsection 
26-18-502
(4), the number of beds granted
renewed Medicaid certification does not exceed the number of beds certified at the time the
program last operated with Medicaid certification, excluding a period of time where the
program operated with temporary certification under Subsection 
26-18-504
(3).
(2) (a) The division may issue a Medicaid certification for a new nursing care facility
program if a current owner of the Medicaid certified program transfers its ownership of the
Medicaid certification to the new nursing care facility program and the new nursing care
facility program meets all of the following conditions:
(i) the new nursing care facility program operates at the same physical facility as the
previous Medicaid certified program;
(ii) the new nursing care facility program gives a written assurance to the director in
accordance with Subsection (4);
(iii) the new nursing care facility program receives the Medicaid certification within
one year of the date the previously certified program ceased to provide medical assistance to a
Medicaid recipient; and
(iv) the licensed and certified bed capacity at the facility has not been expanded, unless
the director has approved additional beds in accordance with Subsection (5).
(b) A nursing care facility program that receives Medicaid certification under the
provisions of Subsection (2)(a) does not assume the Medicaid liabilities of the previous nursing
care facility program if the new nursing care facility program:
(i) is not owned in whole or in part by the previous nursing care facility program; or
(ii) is not a successor in interest of the previous nursing care facility program.
(3) The division may issue a Medicaid certification to a nursing care facility program
that was previously a certified program but now resides in a new or renovated physical facility
if the nursing care facility program meets all of the following:
(a) the nursing care facility program met all applicable requirements for Medicaid
certification at the time of closure;
(b) the new or renovated physical facility is in the same county or within a five-mile
radius of the original physical facility;
(c) the time between which the certified program ceased to operate in the original
facility and will begin to operate in the new physical facility is not more than three years,
unless:
(i) an emergency is declared by the president of the United States or the governor,
affecting the building or renovation of the physical facility;
(ii) the director approves an exception to the three-year requirement for any nursing
care facility program within the three-year requirement;
(iii) the provider submits documentation supporting a request for an extension to the
director that demonstrates a need for an extension; and
(iv) the exception does not extend for more than two years beyond the three-year
requirement;
(d) if Subsection (3)(c) applies, the certified program notifies the department within 90
days after ceasing operations in its original facility, of its intent to retain its Medicaid
certification;
(e) the provider gives written assurance to the director in accordance with Subsection
(4) that no third party has a legitimate claim to operate a certified program at the previous
physical facility; and
(f) the bed capacity in the physical facility has not been expanded unless the director
has approved additional beds in accordance with Subsection (5).
(4) (a) The entity requesting Medicaid certification under Subsections (2) and (3) shall
give written assurances satisfactory to the director or the director's designee that:
(i) no third party has a legitimate claim to operate the certified program;
(ii) the requesting entity agrees to defend and indemnify the department against any
claims by a third party who may assert a right to operate the certified program; and
(iii) if a third party is found, by final agency action of the department after exhaustion
of all administrative and judicial appeal rights, to be entitled to operate a certified program at
the physical facility the certified program shall voluntarily comply with Subsection (4)(b).
(b) If a finding is made under the provisions of Subsection (4)(a)(iii):
(i) the certified program shall immediately surrender its Medicaid certification and
comply with division rules regarding billing for Medicaid and the provision of services to
Medicaid patients; and
(ii) the department shall transfer the surrendered Medicaid certification to the third
party who prevailed under Subsection (4)(a)(iii).
(5) (a) The director may approve additional nursing care facility programs for Medicaid
certification, or additional beds for Medicaid certification within an existing nursing care
facility program, if a nursing care facility or other interested party requests Medicaid
certification for a nursing care facility program or additional beds within an existing nursing
care facility program, and the nursing care facility program or other interested party complies
with this section.
(b) The nursing care facility or other interested party requesting Medicaid certification
for a nursing care facility program or additional beds within an existing nursing care facility
program under Subsection (5)(a) shall submit to the director:
(i) proof of the following as reasonable evidence that bed capacity provided by
Medicaid certified programs within the county or group of counties impacted by the requested
additional Medicaid certification is insufficient:
(A) nursing care facility occupancy levels for all existing and proposed facilities will
be at least 90% for the next three years;
(B) current nursing care facility occupancy is 90% or more; or
(C) there is no other nursing care facility within a 35-mile radius of the nursing care
facility requesting the additional certification; and
(ii) an independent analysis demonstrating that at projected occupancy rates the nursing
care facility's after-tax net income is sufficient for the facility to be financially viable.
(c) Any request for additional beds as part of a renovation project are limited to the
maximum number of beds allowed in Subsection (7).
(d) The director shall determine whether to issue additional Medicaid certification by
considering:
(i) whether bed capacity provided by certified programs within the county or group of
counties impacted by the requested additional Medicaid certification is insufficient, based on
the information submitted to the director under Subsection (5)(b);
(ii) whether the county or group of counties impacted by the requested additional
Medicaid certification is underserved by specialized or unique services that would be provided
by the nursing care facility;
(iii) whether any Medicaid certified beds are subject to a claim by a previous certified
program that may reopen under the provisions of Subsections (2) and (3);
(iv) how additional bed capacity should be added to the long-term care delivery system
to best meet the needs of Medicaid recipients; and
(v) (A) whether the existing certified programs within the county or group of counties
have provided services of sufficient quality to merit at least a two-star rating in the Medicare
Five-Star Quality Rating System over the previous three-year period; and
(B) information obtained under Subsection (9).
(6) The department shall adopt administrative rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to adjust the Medicaid nursing care facility
property reimbursement methodology to:
(a) only pay that portion of the property component of rates, representing actual bed
usage by Medicaid clients as a percentage of the greater of:
(i) actual occupancy; or
(ii) (A) for a nursing care facility other than a facility described in Subsection
(6)(a)(ii)(B), 85% of total bed capacity; or
(B) for a rural nursing care facility, 65% of total bed capacity; and
(b) not allow for increases in reimbursement for property values without major
renovation or replacement projects as defined by the department by rule.
(7) (a) Except as provided in Subsection 
26-18-502
(3)[
(c)
], if a nursing care facility
does not seek Medicaid certification for a bed under Subsections (1) through (6), the
department shall, notwithstanding Subsections 
26-18-504
(3)(a) and (b), grant Medicaid
certification for additional beds in an existing Medicaid certified nursing care facility that has
90 or fewer licensed beds, including Medicaid certified beds, in the facility if:
(i) the nursing care facility program was previously a certified program for all beds but
now resides in a new facility or in a facility that underwent major renovations involving major
structural changes, with 50% or greater facility square footage design changes, requiring review
and approval by the department;
(ii) the nursing care facility meets the quality of care regulations issued by CMS; and
(iii) the total number of additional beds in the facility granted Medicaid certification
under this section does not exceed 10% of the number of licensed beds in the facility.
(b) The department may not revoke the Medicaid certification of a bed under this
Subsection (7) as long as the provisions of Subsection (7)(a)(ii) are met.
(8) (a) If a nursing care facility or other interested party indicates in its request for
additional Medicaid certification under Subsection (5)(a) that the facility will offer specialized
or unique services, but the facility does not offer those services after receiving additional
Medicaid certification, the director shall revoke the additional Medicaid certification.
(b) The nursing care facility program shall obtain Medicaid certification for any
additional Medicaid beds approved under Subsection (5) or (7) within three years of the date of
the director's approval, or the approval is void.
(9) (a) If the director makes an initial determination that quality standards under
Subsection (5)(d)(v) have not been met in a rural county or group of rural counties over the
previous three-year period, the director shall, before approving certification of additional
Medicaid beds in the rural county or group of counties:
(i) notify the certified program that has not met the quality standards in Subsection
(5)(d)(v) that the director intends to certify additional Medicaid beds under the provisions of
Subsection (5)(d)(v); and
(ii) consider additional information submitted to the director by the certified program
in a rural county that has not met the quality standards under Subsection (5)(d)(v).
(b) The notice under Subsection (9)(a) does not give the certified program that has not
met the quality standards under Subsection (5)(d)(v), the right to legally challenge or appeal the
director's decision to certify additional Medicaid beds under Subsection (5)(d)(v).
Section 20. Section 
26-62-304
 is amended to read:
26-62-304.
Hearing -- Evidence of criminal conviction.
(1) At a civil hearing conducted under Section 
26-62-302
, evidence of the final
criminal conviction of a tobacco retailer for violation of Section 
76-10-114
 at the same location
and within the same time period as the location and time period alleged in the civil hearing for
violation of this chapter for sale of a tobacco product, an electronic cigarette product, or a
nicotine product to an individual under 21 years old is prima facie evidence of a violation of
this chapter.
(2) If the tobacco retailer is convicted of violating Section 
76-10-114
, the enforcing
agency:
(a) shall assess an additional monetary penalty under this chapter for the same offense
for which the conviction was obtained; and
(b) shall revoke or suspend a permit in accordance with Section 
26-62-305
 [
or
26-62-402
].
Section 21. Section 
26-62-305
 is amended to read:
26-62-305.
Penalties.
(1) (a) If an enforcing agency determines that a person has violated the terms of a
permit issued under this chapter, the enforcing agency may impose the penalties described in
this section.
(b) If multiple violations are found in a single inspection by an enforcing agency or a
single investigation by a law enforcement agency under Section 
77-39-101
, the enforcing
agency shall treat the multiple violations as one single violation under Subsections (2), (3), and
(4).
(2) Except as provided in Subsections (3) and (4), if a violation is found in an
investigation by a law enforcement agency under Section 
77-39-101
 or an inspection by an
enforcing agency, the enforcing agency shall:
(a) on a first violation at a retail location, impose a penalty of $1,000;
(b) on a second violation at the same retail location that occurs within one year of a
previous violation, impose a penalty of $1,500;
(c) on a third violation at the same retail location that occurs within two years after two
previous violations, impose:
(i) a suspension of the permit for 30 consecutive business days within 60 days after the
day on which the third violation occurs; or
(ii) a penalty of $2,000; and
(d) on a fourth or subsequent violation within two years of three previous violations:
(i) impose a penalty of $2,000;
(ii) revoke a permit of the retailer; and
(iii) if applicable, recommend to a municipality or county that a retail tobacco specialty
business license issued under Section 
10-8-41.6
 or 
17-50-333
 be suspended or revoked.
(3) If a violation is found in an investigation of a general tobacco retailer by a law
enforcement agency under Section 
77-39-101
 for the sale of a tobacco product, an electronic
cigarette product, or a nicotine product to an individual under 21 years old and the violation is
committed by the owner of the general tobacco retailer, the enforcing agency shall:
(a) on a first violation, impose a fine of $2,000 on the general tobacco retailer; and
(b) on the second violation for the same general tobacco retailer within one year of the
first violation:
(i) impose a fine of $5,000; and
(ii) revoke the permit for the general tobacco retailer.
(4) If a violation is found in an investigation of a retail tobacco specialty business by a
law enforcement agency under Section 
77-39-101
 for the sale of a tobacco product, an
electronic cigarette product, or a nicotine product to an individual under 21 years old, the
enforcing agency shall:
(a) on the first violation:
(i) impose a fine of $5,000; and
(ii) immediately suspend the permit for 30 consecutive days; and
(b) on the second violation at the same retail location within two years of the first
violation:
(i) impose a fine of $10,000; and
(ii) revoke the permit for the retail tobacco specialty business.
(5) (a) Except when a transfer described in Subsection (6) occurs, a local health
department may not issue a permit to:
(i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (2)
or (3) [
or Section 
26-62-402
]; or
(ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
or other holder of significant interest as another tobacco retailer for whom a permit is
suspended or revoked under Subsection (2), (3), or (4).
(b) A person whose permit:
(i) is suspended under this section may not apply for a new permit for any other
tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
the permit; and
(ii) is revoked under this section may not apply for a new permit for any tobacco
retailer for a period of 24 months after the day on which an enforcing agency revokes the
permit.
(6) Violations of this chapter, Section 
10-8-41.6
, or Section 
17-50-333
 that occur at a
tobacco retailer location shall stay on the record for that tobacco retailer location unless:
(a) the tobacco retailer is transferred to a new proprietor; and
(b) the new proprietor provides documentation to the local health department that the
new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
proprietor.
Section 22. Section 
53B-1-301
 is amended to read:
53B-1-301.
Reports to and actions of the Higher Education Appropriations
Subcommittee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Higher Education Appropriations Subcommittee:
(a) the reports described in Sections 
34A-2-202.5
, 
53B-30-206
, and 
59-9-102.5
 by the
Rocky Mountain Center for Occupational and Environmental Health;
(b) the report described in Section 
53B-7-101
 by the board on recommended
appropriations for higher education institutions, including the report described in Section
53B-8-104
 by the board on the effects of offering nonresident partial tuition scholarships;
(c) the report described in Section 
53B-7-704
 by the Department of Workforce
Services and the Governor's Office of Economic Opportunity on targeted jobs;
(d) the reports described in Section 
53B-7-705
 by the board on performance;
(e) the report described in Section 
53B-8-201
 by the board on the Opportunity
Scholarship Program;
(f) the report described in Section 
53B-8-303
 by the board regarding Access Utah
promise scholarships;
(g) the report described in Section 
53B-8d-104
 by the Division of Child and Family
Services on tuition waivers for wards of the state;
(h) the report described in Section 
53B-12-107
 by the Utah Higher Education
Assistance Authority;
(i) the report described in Section 
53B-13a-104
 by the board on the Success Stipend
Program;
(j) the report described in Section 
53B-17-201
 by the University of Utah regarding the
Miners' Hospital for Disabled Miners;
(k) the report described in Section 
53B-26-103
 by the Governor's Office of Economic
Opportunity on high demand technical jobs projected to support economic growth;
(l) the report described in Section 
53B-26-202
 by the Medical Education Council on
projected demand for nursing professionals; and
(m) the report described in Section 
53E-10-308
 by the State Board of Education and
board on student participation in the concurrent enrollment program.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Higher Education Appropriations Subcommittee:
(a) upon request, the information described in Section 
53B-8a-111
 submitted by the
Utah Educational Savings Plan;
(b) a proposal described in Section 
53B-26-202
 by an eligible program to respond to
projected demand for nursing professionals; 
and
(c) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
on the fire and rescue training program described in Section 
53B-29-202
[
; and
]
.
[
(d) the reports described in Section 
63C-19-202
 by the Higher Education Strategic
Planning Commission on the commission's progress.
]
(3) In accordance with applicable provisions, the Higher Education Appropriations
Subcommittee shall complete the following:
(a) as required by Section 
53B-7-703
, the review of performance funding described in
Section 
53B-7-703
;
(b) an appropriation recommendation described in Section 
53B-26-103
 to fund a
proposal responding to workforce needs of a strategic industry cluster;
(c) an appropriation recommendation described in Section 
53B-26-202
 to fund a
proposal responding to projected demand for nursing professionals; and
(d) review of the report described in Section 
63B-10-301
 by the University of Utah on
the status of a bond and bond payments specified in Section 
63B-10-301
.
Section 23. Section 
53E-1-201
 is amended to read:
53E-1-201.
Reports to and action required of the Education Interim Committee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Education Interim Committee:
(a) the report described in Section 
9-22-109
 by the STEM Action Center Board,
including the information described in Section 
9-22-113
 on the status of the computer science
initiative and Section 
9-22-114
 on the Computing Partnerships Grants Program;
(b) the prioritized list of data research described in Section 
35A-14-302
 and the report
on research described in Section 
35A-14-304
 by the Utah Data Research Center;
(c) the report described in Section 
35A-15-303
 by the State Board of Education on
preschool programs;
(d) the report described in Section 
53B-1-402
 by the Utah Board of Higher Education
on career and technical education issues and addressing workforce needs;
(e) the annual report of the Utah Board of Higher Education described in Section
53B-1-402
;
(f) the reports described in Section 
53B-28-401
 by the Utah Board of Higher Education
regarding activities related to campus safety;
(g) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(h) the annual report described in Section 
53E-2-202
 by the state board on the strategic
plan to improve student outcomes;
(i) the report described in Section 
53E-8-204
 by the state board on the Utah Schools for
the Deaf and the Blind;
(j) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k) the report described in Section 
53F-4-203
 by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(l) the report described in Section 
53F-4-407
 by the state board on UPSTART;
(m) the reports described in Sections 
53F-5-214
 and 
53F-5-215
 by the state board
related to grants for professional learning and grants for an elementary teacher preparation
assessment; and
(n) the report described in Section 
53F-5-405
 by the State Board of Education
regarding an evaluation of a partnership that receives a grant to improve educational outcomes
for students who are low income.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Education Interim Committee:
(a) the report described in Section 
35A-15-303
 by the School Readiness Board by
November 30, 2020, on benchmarks for certain preschool programs;
(b) the report described in Section 
53B-28-402
 by the Utah Board of Higher Education
on or before the Education Interim Committee's November 2021 meeting;
[
(c) the reports described in Section 
53E-3-520
 by the state board regarding cost
centers and implementing activity based costing;
]
[
(d)
] 
(c)
 if required, the report described in Section 
53E-4-309
 by the state board
explaining the reasons for changing the grade level specification for the administration of
specific assessments;
[
(e)
] 
(d)
 if required, the report described in Section 
53E-5-210
 by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
[
(f)
] 
(e)
 in 2022 and in 2023, on or before November 30, the report described in
Subsection 
53E-10-309
(7) related to the PRIME pilot program;
[
(g)
] 
(f)
 the report described in Section 
53E-10-702
 by Utah Leading through Effective,
Actionable, and Dynamic Education;
[
(h)
] 
(g)
 if required, the report described in Section 
53F-2-513
 by the state board
evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in
high poverty schools;
[
(i)
] 
(h)
 upon request, the report described in Section 
53F-5-207
 by the state board on
the Intergenerational Poverty Intervention Grants Program;
[
(j)
] 
(i)
 the report described in Section 
53F-5-210
 by the state board on the Educational
Improvement Opportunities Outside of the Regular School Day Grant Program;
[
(k)
] 
(j)
 the report described in Section 
53G-7-503
 by the state board regarding fees
that LEAs charge during the 2020-2021 school year;
[
(l)
] 
(k)
 the reports described in Section 
53G-11-304
 by the state board regarding
proposed rules and results related to educator exit surveys; 
and
[
(m)
] 
(l)
 the report described in Section 
62A-15-117
 by the Division of Substance
Abuse and Mental Health, the State Board of Education, and the Department of Health
regarding recommendations related to Medicaid reimbursement for school-based health
services[
; and
]
.
[
(n) the reports described in Section 
63C-19-202
 by the Higher Education Strategic
Planning Commission.
]
Section 24. Section 
53E-1-202
 is amended to read:
53E-1-202.
 Reports to and action required of the Public Education
Appropriations Subcommittee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Public Education Appropriations Subcommittee:
(a) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(b) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities; and
(c) the report by the STEM Action Center Board described in Section 
9-22-109
,
including the information described in Section 
9-22-113
 on the status of the computer science
initiative.
[
(2) The one-time report by the state board regarding cost centers and implementing
activity based costing is due to the Public Education Appropriations Subcommittee in
accordance with Section 
53E-3-520
.
]
[
(3)
] 
(2)
 In accordance with applicable provisions, the Public Education Appropriations
Subcommittee shall complete the following:
(a) the review described in Section [
53E-2-301
] 
53F-2-301
 of the WPU value rate; and
(b) if required, the study described in Section 
53F-4-304
 of scholarship payments.
Section 25. Section 
57-13a-104
 is amended to read:
57-13a-104.
Abandonment of prescriptive easement for water conveyance.
(1) A holder of a prescriptive easement for a water conveyance established under
Section 
57-13a-102
 may, in accordance with this section, abandon all or part of the easement.
(2) A holder of a prescriptive easement for a water conveyance established under
Section 
57-13a-102
 who seeks to abandon the easement or part of the easement shall:
(a) in each county where the easement or part of the easement is located, file in the
office of the county recorder a notice of intent to abandon the prescriptive easement that
describes the easement or part of the easement to be abandoned;
(b) post copies of the notice of intent to abandon the prescriptive easement in three
public places located within the area generally served by the water conveyance that utilizes the
easement;
(c) mail a copy of the notice of intent to abandon the prescriptive easement to each
municipal and county government where the easement or part of the easement is located;
(d) post a copy of the notice of intent to abandon the prescriptive easement on the Utah
Public Notice Website created in Section 
63A-16-601
; and
(e) after meeting the requirements of Subsections (2)(a), (b), (c), and (d) and at least 45
days after the last day on which the holder of the easement posts the notice of intent to abandon
the prescriptive easement in accordance with Subsection (2)(b), file in the office of the county
recorder for each county where the easement or part of the easement is located a notice of
abandonment that contains the same description required by Subsection (2)(a)[
(i)
].
(3) (a) Upon completion of the requirements described in Subsection (2) by the holder
of a prescriptive easement for a water conveyance established under Section 
57-13a-102
:
(i) all interest to the easement or part of the easement abandoned by the holder of the
easement is extinguished; and
(ii) subject to each legal right that exists as described in Subsection (3)(b), the owner of
a servient estate whose land was encumbered by the easement or part of the easement
abandoned may reclaim the land area occupied by the former easement or part of the easement
and resume full utilization of the land without liability to the former holder of the easement.
(b) Abandonment of a prescriptive easement under this section does not affect a legal
right to have water delivered or discharged through the water conveyance and easement
established by a person other than the holder of the easement who abandons an easement as
provided in this section.
Section 26. Section 
58-31b-803
 is amended to read:
58-31b-803.
Limitations on prescriptive authority for advanced practice
registered nurses. 
(1) This section does not apply to an advanced practice registered nurse specializing as
a certified registered nurse anesthetist under Subsection 
58-31b-102
[
(14)
]
(11)
(d).
(2) Except as provided in Subsection (3), an advanced practice registered nurse may
prescribe or administer a Schedule II controlled substance.
(3) An advanced practice registered nurse described in Subsection (4) may not
prescribe or administer a Schedule II controlled substance unless the advanced practice
registered nurse:
(a) receives a board certification from a nationally recognized organization;
(b) completes at least 30 hours of instruction, or the equivalent number of credit hours,
pertaining to advanced pharmacology during a graduate education program;
(c) when obtaining licensure with the division, demonstrates completion of at least
seven hours of continuing education pertaining to prescribing opioids; and
(d) participates in a prescribing mentorship under which the advanced practice
registered nurse:
(i) is mentored by:
(A) a physician licensed in accordance with this title; or
(B) an advance practice registered nurse who has been licensed at least three years; and
(ii) periodically provides the mentor described in Subsection [
(4)
] 
(3)
(d)(i) timesheets
that, in total, demonstrate 1,000 hours of clinical experience.
(4) Subsection (3) applies to an advanced practice registered nurse who:
(a) is engaged in independent solo practice; and
(b) (i) has been licensed as an advanced practice registered nurse for less than one year;
or
(ii) has less than 2,000 hours of experience practicing as a licensed advanced practice
registered nurse.
Section 27. Section 
58-83-301
 is amended to read:
58-83-301.
Licensure required -- Issuance of licenses.
(1) Beginning July 1, 2010, and except as provided in Section 
58-1-307
:
(a) a physician licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68,
Utah Osteopathic Medical Practice Act, shall be licensed under this chapter to engage in the
delivery of online pharmaceutical services;
(b) an online contract pharmacy shall be licensed under this chapter to engage in the
delivery of online pharmaceutical services; and
(c) an Internet facilitator shall be licensed under this chapter to engage in the delivery
of online pharmaceutical services.
(2) The division shall issue, to any person who qualifies under this chapter, a license:
(a) to prescribe online;
(b) to operate as an online contract pharmacy; or
(c) to operate as an Internet facilitator.
[
(3) (a) A license under this chapter is not required to engage in electronic prescribing
under Chapter 82, Electronic Prescribing Act; and
]
[
(b) nothing
] 
(3) Nothing
 in this chapter shall prohibit a physician licensed under
Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act,
from electronic prescribing or Internet prescribing as permitted by Chapter 67, Utah Medical
Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act, or other law.
Section 28. Section 
59-7-159
 is amended to read:
59-7-159.
Review of credits allowed under this chapter.
(1) As used in this section, "committee" means the Revenue and Taxation Interim
Committee.
(2) (a) The committee shall review the tax credits described in this chapter as provided
in Subsection (3) and make recommendations concerning whether the tax credits should be
continued, modified, or repealed.
(b) In conducting the review required under Subsection (2)(a), the committee shall:
(i) schedule time on at least one committee agenda to conduct the review;
(ii) invite state agencies, individuals, and organizations concerned with the tax credit
under review to provide testimony;
(iii) (A) invite the Governor's Office of Economic Opportunity to present a summary
and analysis of the information for each tax credit regarding which the Governor's Office of
Economic Opportunity is required to make a report under this chapter; and
(B) invite the Office of the Legislative Fiscal Analyst to present a summary and
analysis of the information for each tax credit regarding which the Office of the Legislative
Fiscal Analyst is required to make a report under this chapter;
(iv) ensure that the committee's recommendations described in this section include an
evaluation of:
(A) the cost of the tax credit to the state;
(B) the purpose and effectiveness of the tax credit; and
(C) the extent to which the state benefits from the tax credit; and
(v) undertake other review efforts as determined by the committee chairs or as
otherwise required by law.
(3) (a) On or before November 30, 2017, and every three years after 2017, the
committee shall conduct the review required under Subsection (2) of the tax credits allowed
under the following sections:
(i) Section 
59-7-601
;
(ii) Section 
59-7-607
;
(iii) Section 
59-7-612
;
(iv) Section 
59-7-614.1
; and
(v) Section 
59-7-614.5
.
(b) On or before November 30, 2018, and every three years after 2018, the committee
shall conduct the review required under Subsection (2) of the tax credits allowed under the
following sections:
(i) Section 
59-7-609
;
(ii) Section 
59-7-614.2
;
(iii) Section 
59-7-614.10
;
(iv) Section 
59-7-619
; 
and
[
(v) Section 
59-7-620
; and
]
[
(vi)
] 
(v)
 Section 
59-7-624
.
(c) On or before November 30, 2019, and every three years after 2019, the committee
shall conduct the review required under Subsection (2) of the tax credits allowed under the
following sections:
(i) Section 
59-7-610
;
(ii) Section 
59-7-614
; and
(iii) Section 
59-7-614.7
.
(d) (i) In addition to the reviews described in this Subsection (3), the committee shall
conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
2017.
(ii) The committee shall complete a review described in this Subsection (3)(d) three
years after the effective date of the tax credit and every three years after the initial review date.
Section 29. Section 
59-7-614
 is amended to read:
59-7-614.
Renewable energy systems tax credits -- Definitions -- Certification --
Rulemaking authority.
(1) As used in this section:
(a) (i) "Active solar system" means a system of equipment that is capable of:
(A) collecting and converting incident solar radiation into thermal, mechanical, or
electrical energy; and
(B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a separate
apparatus to storage or to the point of use.
(ii) "Active solar system" includes water heating, space heating or cooling, and
electrical or mechanical energy generation.
(b) "Biomass system" means a system of apparatus and equipment for use in:
(i) converting material into biomass energy, as defined in Section 
59-12-102
; and
(ii) transporting the biomass energy by separate apparatus to the point of use or storage.
(c) "Commercial energy system" means a system that is:
(i) (A) an active solar system;
(B) a biomass system;
(C) a direct use geothermal system;
(D) a geothermal electricity system;
(E) a geothermal heat pump system;
(F) a hydroenergy system;
(G) a passive solar system; or
(H) a wind system;
(ii) located in the state; and
(iii) used:
(A) to supply energy to a commercial unit; or
(B) as a commercial enterprise.
(d) "Commercial enterprise" means an entity, the purpose of which is to produce:
(i) electrical, mechanical, or thermal energy for sale from a commercial energy system;
or
(ii) hydrogen for sale from a hydrogen production system.
(e) (i) "Commercial unit" means a building or structure that an entity uses to transact
business.
(ii) Notwithstanding Subsection (1)(e)(i):
(A) with respect to an active solar system used for agricultural water pumping or a
wind system, each individual energy generating device is considered to be a commercial unit;
or
(B) if an energy system is the building or structure that an entity uses to transact
business, a commercial unit is the complete energy system itself.
(f) "Direct use geothermal system" means a system of apparatus and equipment that
enables the direct use of geothermal energy to meet energy needs, including heating a building,
an industrial process, and aquaculture.
(g) "Geothermal electricity" means energy that is:
(i) contained in heat that continuously flows outward from the earth; and
(ii) used as a sole source of energy to produce electricity.
(h) "Geothermal energy" means energy generated by heat that is contained in the earth.
(i) "Geothermal heat pump system" means a system of apparatus and equipment that:
(i) enables the use of thermal properties contained in the earth at temperatures well
below 100 degrees Fahrenheit; and
(ii) helps meet heating and cooling needs of a structure.
(j) "Hydroenergy system" means a system of apparatus and equipment that is capable
of:
(i) intercepting and converting kinetic water energy into electrical or mechanical
energy; and
(ii) transferring this form of energy by separate apparatus to the point of use or storage.
(k) "Hydrogen production system" means a system of apparatus and equipment, located
in this state, that uses:
(i) electricity from a renewable energy source to create hydrogen gas from water,
regardless of whether the renewable energy source is at a separate facility or the same facility
as the system of apparatus and equipment; or
(ii) uses renewable natural gas to produce hydrogen gas.
(l) "Office" means the Office of Energy Development created in Section 
79-6-401
.
(m) (i) "Passive solar system" means a direct thermal system that utilizes the structure
of a building and the structure's operable components to provide for collection, storage, and
distribution of heating or cooling during the appropriate times of the year by utilizing the
climate resources available at the site.
(ii) "Passive solar system" includes those portions and components of a building that
are expressly designed and required for the collection, storage, and distribution of solar energy.
(n) "Photovoltaic system" means an active solar system that generates electricity from
sunlight.
(o) (i) "Principal recovery portion" means the portion of a lease payment that
constitutes the cost a person incurs in acquiring a commercial energy system.
(ii) "Principal recovery portion" does not include:
(A) an interest charge; or
(B) a maintenance expense.
(p) "Renewable energy source" means the same as that term is defined in Section
54-17-601
.
(q) "Residential energy system" means the following used to supply energy to or for a
residential unit:
(i) an active solar system;
(ii) a biomass system;
(iii) a direct use geothermal system;
(iv) a geothermal heat pump system;
(v) a hydroenergy system;
(vi) a passive solar system; or
(vii) a wind system.
(r) (i) "Residential unit" means a house, condominium, apartment, or similar dwelling
unit that:
(A) is located in the state; and
(B) serves as a dwelling for a person, group of persons, or a family.
(ii) "Residential unit" does not include property subject to a fee under:
(A) Section 
59-2-405
;
(B) Section 
59-2-405.1
;
(C) Section 
59-2-405.2
;
(D) Section 
59-2-405.3
; or
(E) Section 
72-10-110.5
.
(s) "Wind system" means a system of apparatus and equipment that is capable of:
(i) intercepting and converting wind energy into mechanical or electrical energy; and
(ii) transferring these forms of energy by a separate apparatus to the point of use, sale,
or storage.
(2) A taxpayer may claim an energy system tax credit as provided in this section
against a tax due under this chapter for a taxable year.
(3) (a) Subject to the other provisions of this Subsection (3), a taxpayer may claim a
nonrefundable tax credit under this Subsection (3) with respect to a residential unit the taxpayer
owns or uses if:
(i) the taxpayer:
(A) purchases and completes a residential energy system to supply all or part of the
energy required for the residential unit; or
(B) participates in the financing of a residential energy system to supply all or part of
the energy required for the residential unit; and
(ii) the taxpayer obtains a written certification from the office in accordance with
Subsection (8).
(b) (i) Subject to Subsections (3)(b)(ii) through (iv) and, as applicable, Subsection
(3)(c) or (d), the tax credit is equal to 25% of the reasonable costs of each residential energy
system installed with respect to each residential unit the taxpayer owns or uses.
(ii) A tax credit under this Subsection (3) may include installation costs.
(iii) A taxpayer may claim a tax credit under this Subsection (3) for the taxable year in
which the residential energy system is completed and placed in service.
(iv) If the amount of a tax credit under this Subsection (3) exceeds a taxpayer's tax
liability under this chapter for a taxable year, the taxpayer may carry forward the amount of the
tax credit exceeding the liability for a period that does not exceed the next four taxable years.
(c) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
residential energy system, other than a photovoltaic system, may not exceed $2,000 per
residential unit.
(d) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
photovoltaic system may not exceed:
(i) for a system installed on or after January 1, 2018, but on or before December 31,
2020, $1,600;
(ii) for a system installed on or after January 1, 2021, but on or before December 31,
2021, $1,200;
(iii) for a system installed on or after January 1, 2022, but on or before December 31,
2022, $800;
(iv) for a system installed on or after January 1, 2023, but on or before December 31,
2023, $400; and
(v) for a system installed on or after January 1, 2024, $0. 
(e) If a taxpayer sells a residential unit to another person before the taxpayer claims the
tax credit under this Subsection (3):
(i) the taxpayer may assign the tax credit to the other person; and
(ii) (A) if the other person files a return under this chapter, the other person may claim
the tax credit under this section as if the other person had met the requirements of this section
to claim the tax credit; or
(B) if the other person files a return under Chapter 10, Individual Income Tax Act, the
other person may claim the tax credit under Section 
59-10-1014
 as if the other person had met
the requirements of Section 
59-10-1014
 to claim the tax credit.
(4) (a) Subject to the other provisions of this Subsection (4), a taxpayer may claim a
refundable tax credit under this Subsection (4) with respect to a commercial energy system if:
(i) the commercial energy system does not use:
(A) wind, geothermal electricity, solar, or biomass equipment capable of producing a
total of 660 or more kilowatts of electricity; or
(B) solar equipment capable of producing 2,000 or more kilowatts of electricity;
(ii) the taxpayer purchases or participates in the financing of the commercial energy
system;
(iii) (A) the commercial energy system supplies all or part of the energy required by
commercial units owned or used by the taxpayer; or
(B) the taxpayer sells all or part of the energy produced by the commercial energy
system as a commercial enterprise;
(iv) the taxpayer has not claimed and will not claim a tax credit under Subsection (7)
for hydrogen production using electricity for which the taxpayer claims a tax credit under this
Subsection (4); and
(v) the taxpayer obtains a written certification from the office in accordance with
Subsection (8).
(b) (i) Subject to Subsections (4)(b)(ii) through (iv), the tax credit is equal to 10% of
the reasonable costs of the commercial energy system.
(ii) A tax credit under this Subsection (4) may include installation costs.
(iii) A taxpayer is eligible to claim a tax credit under this Subsection (4) for the taxable
year in which the commercial energy system is completed and placed in service.
(iv) The total amount of tax credit a taxpayer may claim under this Subsection (4) may
not exceed $50,000 per commercial unit.
(c) (i) Subject to Subsections (4)(c)(ii) and (iii), a taxpayer that is a lessee of a
commercial energy system installed on a commercial unit may claim a tax credit under this
Subsection (4) if the taxpayer confirms that the lessor irrevocably elects not to claim the tax
credit.
(ii) A taxpayer described in Subsection (4)(c)(i) may claim as a tax credit under this
Subsection (4) only the principal recovery portion of the lease payments.
(iii) A taxpayer described in Subsection (4)(c)(i) may claim a tax credit under this
Subsection (4) for a period that does not exceed seven taxable years after the day on which the
lease begins, as stated in the lease agreement.
(5) (a) Subject to the other provisions of this Subsection (5), a taxpayer may claim a
refundable tax credit under this Subsection (5) with respect to a commercial energy system if:
(i) the commercial energy system uses wind, geothermal electricity, or biomass
equipment capable of producing a total of 660 or more kilowatts of electricity;
(ii) (A) the commercial energy system supplies all or part of the energy required by
commercial units owned or used by the taxpayer; or
(B) the taxpayer sells all or part of the energy produced by the commercial energy
system as a commercial enterprise;
(iii) the taxpayer has not claimed and will not claim a tax credit under Subsection (7)
for hydrogen production using electricity for which the taxpayer claims a tax credit under this
Subsection (5); and
(iv) the taxpayer obtains a written certification from the office in accordance with
Subsection (8).
(b) (i) Subject to Subsection (5)(b)(ii), a tax credit under this Subsection (5) is equal to
the product of:
(A) 0.35 cents; and
(B) the kilowatt hours of electricity produced and used or sold during the taxable year.
(ii) A taxpayer is eligible to claim a tax credit under this Subsection (5) for production
occurring during a period of 48 months beginning with the month in which the commercial
energy system is placed in commercial service.
(c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
unit may claim a tax credit under this Subsection (5) if the taxpayer confirms that the lessor
irrevocably elects not to claim the tax credit.
(6) (a) Subject to the other provisions of this Subsection (6), a taxpayer may claim a
refundable tax credit as provided in this Subsection (6) if:
(i) the taxpayer owns a commercial energy system that uses solar equipment capable of
producing a total of 660 or more kilowatts of electricity;
(ii) (A) the commercial energy system supplies all or part of the energy required by
commercial units owned or used by the taxpayer; or
(B) the taxpayer sells all or part of the energy produced by the commercial energy
system as a commercial enterprise;
(iii) the taxpayer does not claim a tax credit under Subsection (4) and has not claimed
and will not claim a tax credit under Subsection (7) for hydrogen production using electricity
for which a taxpayer claims a tax credit under this Subsection (6); and
(iv) the taxpayer obtains a written certification from the office in accordance with
Subsection (8).
(b) (i) Subject to Subsection (6)(b)(ii), a tax credit under this Subsection (6) is equal to
the product of:
(A) 0.35 cents; and
(B) the kilowatt hours of electricity produced and used or sold during the taxable year.
(ii) A taxpayer is eligible to claim a tax credit under this Subsection (6) 
for
 production
occurring during a period of 48 months beginning with the month in which the commercial
energy system is placed in commercial service.
(c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
unit may claim a tax credit under this Subsection (6) if the taxpayer confirms that the lessor
irrevocably elects not to claim the tax credit.
(7) (a) A taxpayer may claim a refundable tax credit as provided in this Subsection (7)
if:
(i) the taxpayer owns a hydrogen production system;
(ii) the hydrogen production system is completed and placed in service on or after
January 1, 2022;
(iii) the taxpayer sells as a commercial enterprise, or supplies for the taxpayer's own
use in commercial units, the hydrogen produced from the hydrogen production system;
(iv) the taxpayer has not claimed and will not claim a tax credit under Subsection (4),
(5), or (6) or Section 
59-7-626
 for electricity or hydrogen used to meet the requirements of this
Subsection (7); and
(v) the taxpayer obtains a written certification from the office in accordance with
Subsection (8).
(b) (i) Subject to Subsections (7)(b)(ii) and (iii), a tax credit under this Subsection (7)
is equal to the product of:
(A) $0.12; and
(B) the number of kilograms of hydrogen produced during the taxable year.
(ii) A taxpayer may not receive a tax credit under this Subsection (7) for more than
5,600 metric tons of hydrogen per taxable year.
(iii) A taxpayer is eligible to claim a tax credit under this Subsection (7) for production
occurring during a period of 48 months beginning with the month in which the hydrogen
production system is placed in commercial service.
(8) (a) Before a taxpayer may claim a tax credit under this section, the taxpayer shall
obtain a written certification from the office.
(b) The office shall issue a taxpayer a written certification if the office determines that:
(i) the taxpayer meets the requirements of this section to receive a tax credit; and
(ii) the residential energy system, the commercial energy system, or the hydrogen
production system with respect to which the taxpayer seeks to claim a tax credit:
(A) has been completely installed;
(B) is a viable system for saving or producing energy from renewable resources; and
(C) is safe, reliable, efficient, and technically feasible to ensure that the residential
energy system, the commercial energy system, or the hydrogen production system uses the
state's renewable and nonrenewable energy resources in an appropriate and economic manner.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office may make rules:
(i) for determining whether a residential energy system, a commercial energy system,
or a hydrogen production system meets the requirements of Subsection (8)(b)(ii); and
(ii) for purposes of a tax credit under Subsection (3)[
,
] 
or
 (4), [
or (6),
] establishing the
reasonable costs of a residential energy system or a commercial energy system, as an amount
per unit of energy production.
(d) A taxpayer that obtains a written certification from the office shall retain the
certification for the same time period a person is required to keep books and records under
Section 
59-1-1406
.
(e) The office shall submit to the commission an electronic list that includes:
(i) the name and identifying information of each taxpayer to which the office issues a
written certification; and
(ii) for each taxpayer:
(A) the amount of the tax credit listed on the written certification; and
(B) the date the renewable energy system was installed.
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules to address the certification of a tax credit under this section.
(10) A tax credit under this section is in addition to any tax credits provided under the
laws or rules and regulations of the United States.
Section 30. Section 
59-10-1113
 is amended to read:
59-10-1113.
Refundable tax credit for nonrenewable hydrogen production
system.
(1) As used in this section:
(a) "Commercial enterprise" means the same as that term is defined in Section
59-7-626
.
(b) "Commercial unit" means the same as that term is defined in Section 
59-7-626
.
(c) "Hydrogen production system" means the same as that term is defined in Section
59-7-626
.
(d) "Office" means the Office of Energy Development created in Section 
79-6-401
.
(2) (a) A claimant, estate, or trust may claim a refundable credit under this section if:
(i) the claimant, estate, or trust owns a hydrogen production system;
(ii) the hydrogen production system is completed and placed in service on or after
January 1, 2022;
(iii) the claimant, estate, or trust sells as a commercial enterprise, or supplies for the
claimant's, estate's, or trust's own use in commercial units, the hydrogen produced from the
hydrogen production system;
(iv) the claimant, estate, or trust has not claimed and will not claim a tax credit under
Section 
59-10-1106
 for electricity used to meet the requirements of this section; and
(v) the taxpayer obtains a written certification from the office in accordance with
Subsection (3).
(b) (i) Subject to Subsections (2)(b)(ii) and (iii), a tax credit under this section is equal
to the product of:
(A) $0.12; and
(B) the number of kilograms of hydrogen produced during the taxable year.
(ii) A claimant, estate, or trust may not receive a tax credit under this section for more
than 5,600 metric tons of hydrogen per taxable year.
(iii) A claimant, estate, or trust is eligible to claim a tax credit under this section for
production occurring during a period of 48 months beginning with the month in which the
hydrogen production system is placed in commercial service.
(3) (a) Before a claimant, estate, or trust may claim a tax credit under this section, the
claimant, estate, or trust shall obtain a written certification from the office.
(b) The office shall issue a claimant, estate, or trust a written certification if the office
determines that:
(i) the claimant, estate, or trust meets the requirements of this section to receive a tax
credit; and
(ii) the hydrogen production system with respect to which the claimant, estate, or trust
seeks to claim a tax credit:
(A) has been completely installed; 
and
(B) is safe, reliable, efficient, and technically feasible to ensure that the hydrogen
production system uses the state's nonrenewable energy resources in an appropriate and
economic manner.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office may make rules for determining whether a hydrogen production system meets the
requirements of [
this
] Subsection (3)(b)(ii).
(d) A claimant, estate, or trust that obtains a written certification from the office shall
retain the certification for the same time period a person is required to keep books and records
under Section 
59-1-1406
.
(e) The office shall submit to the commission an electronic list that includes:
(i) the name and identifying information of each claimant, estate, or trust to which the
office issues a written certification; and
(ii) for each claimant, estate, or trust:
(A) the amount of the tax credit listed on the written certification; and
(B) the date the hydrogen production system was installed.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules to address the certification of a tax credit under this section.
(5) A tax credit under this section is in addition to any tax credits provided under the
laws or rules and regulations of the United States.
Section 31. Section 
59-12-104.2
 is amended to read:
59-12-104.2.
Exemption for accommodations and services taxed by the Navajo
Nation.
(1) As used in this section "tribal taxing area" means the geographical area that:
(a) is subject to the taxing authority of the Navajo Nation; and
(b) consists of:
(i) notwithstanding the issuance of a patent, all land:
(A) within the limits of an Indian reservation under the jurisdiction of the federal
government; and
(B) including any rights-of-way running through the reservation; and
(ii) all Indian allotments the Indian titles to which have not been extinguished,
including any rights-of-way running through an Indian allotment.
(2) (a) Beginning July 1, 2001, amounts paid by or charged to a purchaser for
accommodations and services described in Subsection 
59-12-103
(1)(i) are exempt from the tax
imposed by Subsection 
59-12-103
(2)(a)(i)(A) or (2)[
(d)
]
(e)
(i)(A)(I) to the extent permitted
under Subsection (2)(b) if:
(i) the accommodations and services described in Subsection 
59-12-103
(1)(i) are
provided within:
(A) the state; and
(B) a tribal taxing area;
(ii) the Navajo Nation imposes and collects a tax on the amounts paid by or charged to
the purchaser for the accommodations and services described in Subsection 
59-12-103
(1)(i);
(iii) the Navajo Nation imposes the tax described in Subsection (2)(a)(ii) without
regard to whether or not the purchaser that pays or is charged for the accommodations and
services is an enrolled member of the Navajo Nation; and
(iv) the requirements of Subsection (4) are met.
(b) If but for Subsection (2)(a) the amounts paid by or charged to a purchaser for
accommodations and services described in Subsection (2)(a) are subject to a tax imposed by
Subsection 
59-12-103
(2)(a)(i)(A) or (2)[
(d)
]
(e)
(i)(A)(I):
(i) the seller shall collect and pay to the state the difference described in Subsection (3)
if that difference is greater than $0; and
(ii) a person may not require the state to provide a refund, a credit, or similar tax relief
if the difference described in Subsection (3) is equal to or less than $0.
(3) The difference described in Subsection (2)(b) is equal to the difference between:
(a) the amount of tax imposed by Subsection 
59-12-103
(2)(a)(i)(A) or
(2)[
(d)
]
(e)
(i)(A)(I) on the amounts paid by or charged to a purchaser for accommodations and
services described in Subsection 
59-12-103
(1)(i); less
(b) the tax imposed and collected by the Navajo Nation on the amounts paid by or
charged to a purchaser for the accommodations and services described in Subsection
59-12-103
(1)(i).
(4) (a) If, on or after July 1, 2001, the Navajo Nation changes the tax rate of a tax
imposed on amounts paid by or charged to a purchaser for accommodations and services
described in Subsection 
59-12-103
(1)(i), any change in the amount of the exemption under
Subsection (2) as a result of the change in the tax rate is not effective until the first day of the
calendar quarter after a 90-day period beginning on the date the commission receives notice
meeting the requirements of Subsection (4)(b) from the Navajo Nation.
(b) The notice described in Subsection (4)(a) shall state:
(i) that the Navajo Nation has changed or will change the tax rate of a tax imposed on
amounts paid by or charged to a purchaser for accommodations and services described in
Subsection 
59-12-103
(1)(i);
(ii) the effective date of the rate change on the tax described in Subsection (4)(b)(i);
and
(iii) the new rate of the tax described in Subsection (4)(b)(i).
Section 32. Section 
62A-1-111
 is amended to read:
62A-1-111.
Department authority.
The department may, in addition to all other authority and responsibility granted to the
department by law:
(1) adopt rules, not inconsistent with law, as the department may consider necessary or
desirable for providing social services to the people of this state;
(2) establish and manage client trust accounts in the department's institutions and
community programs, at the request of the client or the client's legal guardian or representative,
or in accordance with federal law;
(3) purchase, as authorized or required by law, services that the department is
responsible to provide for legally eligible persons;
(4) conduct adjudicative proceedings for clients and providers in accordance with the
procedures of Title 63G, Chapter 4, Administrative Procedures Act;
(5) establish eligibility standards for its programs, not inconsistent with state or federal
law or regulations;
(6) take necessary steps, including legal action, to recover money or the monetary value
of services provided to a recipient who was not eligible;
(7) set and collect fees for the department's services;
(8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
or limited by law;
(9) acquire, manage, and dispose of any real or personal property needed or owned by
the department, not inconsistent with state law;
(10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
the proceeds thereof, may be credited to the program designated by the donor, and may be used
for the purposes requested by the donor, as long as the request conforms to state and federal
policy; all donated funds shall be considered private, nonlapsing funds and may be invested
under guidelines established by the state treasurer;
(11) accept and employ volunteer labor or services; the department is authorized to
reimburse volunteers for necessary expenses, when the department considers that
reimbursement to be appropriate;
(12) carry out the responsibility assigned in the workforce services plan by the State
Workforce Development Board;
[
(13) carry out the responsibility assigned by Section 
35A-8-602
 with respect to
coordination of services for the homeless;
]
[
(14)
] 
(13)
 carry out the responsibility assigned by Section 
62A-5a-105
 with respect to
coordination of services for students with a disability;
[
(15)
] 
(14)
 provide training and educational opportunities for the department's staff;
[
(16)
] 
(15)
 collect child support payments and any other money due to the department;
[
(17)
] 
(16)
 apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to
parents whose child lives out of the home in a department licensed or certified setting;
[
(18)
] 
(17)
 establish policy and procedures, within appropriations authorized by the
Legislature, in cases where the Division of Child and Family Services or the Division of
Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah
Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not
competent to proceed under Section 
80-6-403
; any policy and procedures shall include:
(a) designation of interagency teams for each juvenile court district in the state;
(b) delineation of assessment criteria and procedures;
(c) minimum requirements, and timeframes, for the development and implementation
of a collaborative service plan for each minor placed in department custody; and
(d) provisions for submittal of the plan and periodic progress reports to the court;
[
(19)
] 
(18)
 carry out the responsibilities assigned to the department by statute;
[
(20)
] 
(19)
 examine and audit the expenditures of any public funds provided to local
substance abuse authorities, local mental health authorities, local area agencies on aging, and
any person, agency, or organization that contracts with or receives funds from those authorities
or agencies. Those local authorities, area agencies, and any person or entity that contracts with
or receives funds from those authorities or area agencies, shall provide the department with any
information the department considers necessary. The department is further authorized to issue
directives resulting from any examination or audit to local authorities, area agencies, and
persons or entities that contract with or receive funds from those authorities with regard to any
public funds. If the department determines that it is necessary to withhold funds from a local
mental health authority or local substance abuse authority based on failure to comply with state
or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
services. For purposes of this Subsection (20) "public funds" means the same as that term is
defined in Section 
62A-15-102
;
[
(21)
] 
(20)
 pursuant to Subsection 
62A-2-106
(1)(d), accredit one or more agencies and
persons to provide intercountry adoption services;
[
(22)
] 
(21)
 within appropriations authorized by the Legislature, promote and develop a
system of care and stabilization services:
(a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
(b) that encompasses the department, department contractors, and the divisions,
offices, or institutions within the department, to:
(i) navigate services, funding resources, and relationships to the benefit of the children
and families whom the department serves;
(ii) centralize department operations, including procurement and contracting;
(iii) develop policies that govern business operations and that facilitate a system of care
approach to service delivery;
(iv) allocate resources that may be used for the children and families served by the
department or the divisions, offices, or institutions within the department, subject to the
restrictions in Section 
63J-1-206
;
(v) create performance-based measures for the provision of services; and
(vi) centralize other business operations, including data matching and sharing among
the department's divisions, offices, and institutions;
[
(23)
] 
(22)
 ensure that any training or certification required of a public official or
public employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G,
Chapter 22, State Training and Certification Requirements, if the training or certification is
required:
(a) under this title;
(b) by the department; or
(c) by an agency or division within the department; and
[
(24)
] 
(23)
 reallocate unexpended funds as provided in Section 
62A-1-111.6
.
Section 33. Section 
62A-3-305
 is amended to read:
62A-3-305.
Reporting requirements -- Investigation -- Exceptions -- Immunity --
Penalties -- Nonmedical healing.
(1) Except as provided in Subsection (4), if an individual has reason to believe that a
vulnerable adult is, or has been, the subject of abuse, neglect, or exploitation, the individual
shall immediately report the suspected abuse, neglect, or exploitation to Adult Protective
Services or to the nearest peace officer or law enforcement agency.
(2) (a) If a peace officer or a law enforcement agency receives a report under
Subsection (1), the peace officer or the law enforcement agency shall immediately notify Adult
Protective Services.
(b) Adult Protective Services and the peace officer or the law enforcement agency shall
coordinate, as appropriate, efforts to investigate the report under Subsection (1) and to provide
protection to the vulnerable adult.
(3) When a report under Subsection (1), or a subsequent investigation by Adult
Protective Services, indicates that a criminal offense may have occurred against a vulnerable
adult:
(a) Adult Protective Services shall notify the nearest local law enforcement agency
regarding the potential offense; and
(b) the law enforcement agency shall initiate an investigation in cooperation with Adult
Protective Services.
(4) Subject to Subsection (5), the reporting requirement described in Subsection (1)
does not apply to:
(a) a member of the clergy, with regard to any confession made to the member of the
clergy while functioning in the ministerial capacity of the member of the clergy and without the
consent of the individual making the confession, if:
(i) the perpetrator made the confession directly to the member of the clergy; and
(ii) the member of the clergy is, under canon law or church doctrine or practice, bound
to maintain the confidentiality of that confession; or
(b) an attorney, or an individual employed by the attorney, if knowledge of the
suspected abuse, neglect, or exploitation of a vulnerable adult arises from the representation of
a client, unless the attorney is permitted to reveal the suspected abuse, neglect, or exploitation
of the vulnerable adult to prevent reasonably certain death or substantial bodily harm in
accordance with Utah Rules of Professional Conduct, Rule 1.6.
(5) (a) When a member of the clergy receives information about abuse, neglect, or
exploitation of a vulnerable adult from any source other than confession of the perpetrator, the
member of the clergy is required to report that information even though the member of the
clergy may have also received information about abuse [
or neglect
]
, neglect, or exploitation
from the confession of the perpetrator.
(b) Exemption of the reporting requirement for an individual described in Subsection
(4) does not exempt the individual from any other efforts required by law to prevent further
abuse, neglect, or exploitation of a vulnerable adult by the perpetrator.
(6) (a) As used in this Subsection (6), "physician" means an individual licensed to
practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(b) The physician-patient privilege does not:
(i) excuse a physician from reporting suspected abuse, neglect, or exploitation of a
vulnerable adult under Subsection (1); or
(ii) constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or
the cause of the vulnerable adult's injuries, in any judicial or administrative proceeding
resulting from a report under Subsection (1).
(7) (a) An individual who in good faith makes a report under Subsection (1), or who
otherwise notifies Adult Protective Services or a peace officer or law enforcement agency, is
immune from civil and criminal liability in connection with the report or notification.
(b) A covered provider or covered contractor, as defined in Section 
26-21-201
, that
knowingly fails to report suspected abuse, neglect, or exploitation of a vulnerable adult to
Adult Protective Services, or to the nearest peace officer or law enforcement agency, under
Subsection (1), is subject to a private right of action and liability for the abuse, neglect, or
exploitation of a vulnerable adult that is committed by the individual who was not reported to
Adult Protective Services or to the nearest peace officer or law enforcement agency.
(c) This Subsection (7) does not provide immunity with respect to acts or omissions of
a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity
Act of Utah.
(8) If Adult Protective Services has substantial grounds to believe that an individual
has knowingly failed to report suspected abuse, neglect, or exploitation of a vulnerable adult in
accordance with this section, Adult Protective Services shall file a complaint with:
(a) the Division of Occupational and Professional Licensing if the individual is a health
care provider, as defined in Section 
62A-4a-404
, or a mental health therapist, as defined in
Section 
58-60-102
;
(b) the appropriate law enforcement agency if the individual is a law enforcement
officer, as defined in Section 
53-13-103
; and
(c) the State Board of Education if the individual is an educator, as defined in Section
53E-6-102
.
(9) (a) An individual is guilty of a class B misdemeanor if the individual willfully fails
to report suspected abuse, neglect, or exploitation of a vulnerable adult to Adult Protective
Services, or to the nearest peace officer or law enforcement agency under Subsection (1).
(b) If an individual is convicted under Subsection (9)(a), the court may order the
individual, in addition to any other sentence the court imposes, to:
(i) complete community service hours; or
(ii) complete a program on preventing abuse, neglect, and exploitation of vulnerable
adults.
(c) In determining whether it would be appropriate to charge an individual with a
violation of Subsection (9)(a), the prosecuting attorney shall take into account whether a
reasonable individual would not have reported suspected abuse, neglect, or exploitation of a
vulnerable adult because reporting would have placed the individual in immediate danger of
death or serious bodily injury.
(d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
an individual's violation of Subsection (9)(a) as the basis for charging the individual with
another offense.
(e) A prosecution for failure to report under Subsection (9)(a) shall be commenced
within two years after the day on which the individual had knowledge of the suspected abuse,
neglect, or exploitation and willfully failed to report.
(10) Under circumstances not amounting to a violation of Section 
76-8-508
, an
individual is guilty of a class B misdemeanor if the individual threatens, intimidates, or
attempts to intimidate a vulnerable adult who is the subject of a report under Subsection (1),
the individual who made the report under Subsection (1), a witness, or any other person
cooperating with an investigation conducted in accordance with this chapter.
(11) An adult is not considered abused, neglected, or a vulnerable adult for the reason
that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
medical care.
Section 34. Section 
62A-16-302
 is amended to read:
62A-16-302.
Reporting to, and review by, legislative committees.
(1) The Office of Legislative Research and General Counsel shall provide a copy of the
report described in Subsection 
62A-16-301
(1)[
(b)
]
(c)
, and the responses described in
Subsections 
62A-16-301
(2) and (4)(c) to the chairs of:
(a) the Health and Human Services Interim Committee; or
(b) if the qualified individual who is the subject of the report is an individual described
in Subsection 
62A-16-102
(7)(c), (d), or (h), the Child Welfare Legislative Oversight Panel.
(2) (a) The Health and Human Services Interim Committee may, in a closed meeting,
review a report described in Subsection 
62A-16-301
(1)(b).
(b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
report described in Subsection (1)(b).
(3) (a) The Health and Human Services Interim Committee and the Child Welfare
Legislative Oversight Panel may not interfere with, or make recommendations regarding, the
resolution of a particular case.
(b) The purpose of a review described in Subsection (2) is to assist a committee or
panel described in Subsection (2) in determining whether to recommend a change in the law.
(c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a
change in the law shall be made in an open meeting.
(4) (a) On or before September 1 of each year, the department shall provide an
executive summary of all formal review reports for the preceding state fiscal year to the Office
of Legislative Research and General Counsel.
(b) The Office of Legislative Research and General Counsel shall forward a copy of the
executive summary described in Subsection (4)(a) to:
(i) the Health and Human Services Interim Committee; and
(ii) the Child Welfare Legislative Oversight Panel.
(5) The executive summary described in Subsection (4):
(a) may not include any names or identifying information;
(b) shall include:
(i) all recommendations regarding changes to the law that were made during the
preceding fiscal year under Subsection 
62A-16-204
(6);
(ii) all changes made, or in the process of being made, to a law, rule, policy, or
procedure in response to a formal review that occurred during the preceding fiscal year;
(iii) a description of the training that has been completed in response to a formal
review that occurred during the preceding fiscal year;
(iv) statistics for the preceding fiscal year regarding:
(A) the number of qualified individuals and the type of deaths and near fatalities that
are known to the department;
(B) the number of formal reviews conducted;
(C) the categories described in Subsection 
62A-16-102
[
(2)
]
(7)
 of qualified individuals;
(D) the gender, age, race, and other significant categories of qualified individuals; and
(E) the number of fatalities of qualified individuals known to the department that are
identified as suicides; and
(v) action taken by the Office of Licensing and the Bureau of Internal Review and
Audits in response to the near fatality or the death of a qualified individual; and
(c) is a public document.
(6) The Division of Child and Family Services shall, to the extent required by the
federal Child Abuse Prevention and Treatment Act, as amended, allow public disclosure of the
findings or information relating to a case of child abuse or neglect that results in a child fatality
or a near fatality.
Section 35. Section 
63A-17-110
 is amended to read:
63A-17-110.
State pay plans for DNR peace officers and wildland firefighters.
(1) As used in this section:
(a) "DNR peace officer" means an employee of the Department of Natural Resources
who is designated as a peace officer by law.
(b) "Wildland firefighter" means an employee of the Division of Forestry, Fire, and
State Lands who is:
(i) trained in firefighter techniques; and
(ii) assigned to a position of hazardous duty.
(2) The director shall:
(a) establish a specialized state pay plan for DNR peace officers and wildland
firefighters that:
(i) meets the requirements of Section 
63A-17-307
;
(ii) distinguishes the salary range for each DNR peace officer and wildland firefighter
classification;
(iii) includes for each DNR peace officer and wildland firefighter classification:
(A) the minimum qualifications; and
(B) any training requirements; and
(iv) provides standards for:
(A) performance evaluation; and
(B) promotion; and
(b) include, in the plan described in Subsection [
67-19-12
(5)
] 
63A-17-307
(5)
,
recommendations on funding and salary increases for DNR peace officers and wildland
firefighters.
Section 36. Section 
63C-23-102
 is amended to read:
63C-23-102.
Definitions.
As used in this [
section
] 
chapter
:
(1) "Council" means the Education and Mental Health Coordinating Council created in
Section 
63C-23-201
.
(2) "Local education agency" or "LEA" means the same as that term is defined in
Section 
53E-1-102
.
(3) "Local mental health authority" means a local mental health authority described in
Section 
17-43-301
.
(4) "Local substance abuse authority" means a local substance abuse authority
described in Section 
17-43-201
.
Section 37. Section 
63H-1-102
 is amended to read:
63H-1-102.
Definitions.
As used in this chapter:
(1) "Authority" means the Military Installation Development Authority, created under
Section 
63H-1-201
.
(2) "Base taxable value" means:
(a) for military land or other land that was exempt from a property tax at the time that a
project area was created that included the military land or other land, a taxable value of zero; or
(b) for private property that is included in a project area, the taxable value of the
property within any portion of the project area, as designated by board resolution, from which
the property tax allocation will be collected, as shown upon the assessment roll last equalized:
(i) before the year in which the authority creates the project area; or
(ii) before the year in which the project area plan is amended, for property added to a
project area by an amendment to a project area plan.
(3) "Board" means the governing body of the authority created under Section
63H-1-301
.
(4) (a) "Dedicated tax collections" means the property tax that remains after the
authority is paid the property tax allocation the authority is entitled to receive under Subsection
63H-1-501
(1), for a property tax levied by:
(i) a county, including a district the county has established under Subsection 
17-34-3
(2)
to levy a property tax under Title 17, Chapter 34, Municipal-Type Services to Unincorporated
Areas; or
(ii) an included municipality.
(b) "Dedicated tax collections" does not include a county additional property tax or
multicounty assessing and collecting levy imposed in accordance with Section 
59-2-1602
.
(5) "Develop" means to engage in development.
(6) (a) "Development" means an activity occurring:
(i) on land within a project area that is owned or operated by the military, the authority,
another public entity, or a private entity; or
(ii) on military land associated with a project area.
(b) "Development" includes the demolition, construction, reconstruction, modification,
expansion, maintenance, operation, or improvement of a building, facility, utility, landscape,
parking lot, park, trail, or recreational amenity.
(7) "Development project" means a project to develop land within a project area.
(8) "Elected member" means a member of the authority board who:
(a) is a mayor or member of a legislative body appointed under Subsection
63H-1-302
(2)(b); or
(b) (i) is appointed to the authority board under Subsection 
63H-1-302
(2)(a) or (3); and
(ii) concurrently serves in an elected state, county, or municipal office.
(9) "Included municipality" means a municipality, some or all of which is included
within a project area.
(10) (a) "Military" means a branch of the armed forces of the United States, including
the Utah National Guard.
(b) "Military" includes, in relation to property, property that is occupied by the military
and is owned by the government of the United States or the state.
(11) "Military Installation Development Authority accommodations tax" or "MIDA
accommodations tax" means the tax imposed under Section 
63H-1-205
.
(12) "Military Installation Development Authority energy tax" or "MIDA energy tax"
means the tax levied under Section 
63H-1-204
.
(13) "Military land" means land or a facility, including leased land or a leased facility,
that is part of or affiliated with a base, camp, post, station, yard, center, or installation under the
jurisdiction of the United States Department of Defense, the United States Department of
Veterans Affairs, or the Utah National Guard.
(14) "Municipal energy tax" means a municipal energy sales and use tax under Title
10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act.
(15) "Municipal services revenue" means revenue that the authority:
(a) collects from the authority's:
(i) levy of a municipal energy tax;
(ii) levy of a MIDA energy tax;
(iii) levy of a telecommunications tax;
(iv) imposition of a transient room tax; and
(v) imposition of a resort communities tax;
(b) receives under Subsection 
59-12-205
(2)(b)(ii); and
(c) receives as dedicated tax collections.
(16) "Municipal tax" means a municipal energy tax, MIDA energy tax, MIDA
accommodations tax, telecommunications tax, transient room tax, or resort communities tax.
(17) "Project area" means the land, including military land, whether consisting of a
single contiguous area or multiple noncontiguous areas, described in a project area plan or draft
project area plan, where the development project set forth in the project area plan or draft
project area plan takes place or is proposed to take place.
(18) "Project area budget" means a multiyear projection of annual or cumulative
revenues and expenses and other fiscal matters pertaining to a project area that includes:
(a) the base taxable value of property in the project area;
(b) the projected property tax allocation expected to be generated within the project
area;
(c) the amount of the property tax allocation expected to be shared with other taxing
entities;
(d) the amount of the property tax allocation expected to be used to implement the
project area plan, including the estimated amount of the property tax allocation to be used for
land acquisition, public improvements, infrastructure improvements, and loans, grants, or other
incentives to private and public entities;
(e) the property tax allocation expected to be used to cover the cost of administering
the project area plan;
(f) if the property tax allocation is to be collected at different times or from different
portions of the project area, or both:
(i) (A) the tax identification numbers of the parcels from which the property tax
allocation will be collected; or
(B) a legal description of the portion of the project area from which the property tax
allocation will be collected; and
(ii) an estimate of when other portions of the project area will become subject to
collection of the property tax allocation; and
(g) for property that the authority owns or leases and expects to sell or sublease, the
expected total cost of the property to the authority and the expected selling price or lease
payments.
(19) "Project area plan" means a written plan that, after the plan's effective date, guides
and controls the development within a project area.
(20) (a) "Property tax" includes a privilege tax imposed under Title 59, Chapter 4,
Privilege Tax, except as described in Subsection (20)(b), and each levy on an ad valorem basis
on tangible or intangible personal or real property.
(b) "Property tax" does not include a privilege tax on the taxable value:
(i) attributable to a portion of a facility leased to the military for a calendar year when:
(A) a lessee of military land has constructed a facility on the military land that is part of
a project area;
(B) the lessee leases space in the facility to the military for the entire calendar year; and
(C) the lease rate paid by the military for the space is $1 or less for the entire calendar
year, not including any common charges that are reimbursements for actual expenses; or
(ii) of the following property owned by the authority, regardless of whether the
authority enters into a long-term operating agreement with a privately owned entity under
which the privately owned entity agrees to operate the property:
(A) a hotel;
(B) a hotel condominium unit in a condominium project, as defined in Section 
57-8-3
;
and
(C) a commercial condominium unit in a condominium project, as defined in Section
57-8-3
.
(21) "Property tax allocation" means the difference between:
(a) the amount of property tax revenues generated each tax year by all taxing entities
from the area within a project area designated in the project area plan as the area from which
the property tax allocation is to be collected, using the current assessed value of the property;
and
(b) the amount of property tax revenues that would be generated from that same area
using the base taxable value of the property.
(22) "Public entity" means:
(a) the state, including each department or agency of the state; or
(b) a political subdivision of the state, including 
the authority or
 a county, city, town,
school district, local district, special service district, or interlocal cooperation entity[
, including
the authority
].
(23) (a) " Public infrastructure and improvements" means infrastructure,
improvements, facilities, or buildings that:
(i) benefit the public, the authority, the military, or military-related entities; and
(ii) (A) are publicly owned by the military, the authority, a public infrastructure district
under Title 17D, Chapter 4, Public Infrastructure District Act, or another public entity;
(B) are owned by a utility; or
(C) are publicly maintained or operated by the military, the authority, or another public
entity.
(b) "Public infrastructure and improvements" also means infrastructure, improvements,
facilities, or buildings that:
(i) are privately owned; and
(ii) provide a substantial benefit, as determined by the board, to the development and
operation of a project area.
(c) "Public infrastructure and improvements" includes:
(i) facilities, lines, or systems that harness geothermal energy or provide water, chilled
water, steam, sewer, storm drainage, natural gas, electricity, or telecommunications;
(ii) streets, roads, curb, gutter, sidewalk, walkways, tunnels, solid waste facilities,
parking facilities, public transportation facilities, and parks, trails, and other recreational
facilities;
(iii) snowmaking equipment and related improvements that can also be used for water
storage or fire suppression purposes; and
(iv) a building and related improvements for occupancy by the public, the authority, the
military, or military-related entities.
(24) "Remaining municipal services revenue" means municipal services revenue that
the authority has not:
(a) spent during the authority's fiscal year for municipal services as provided in
Subsection 
63H-1-503
(1); or
(b) redirected to use in accordance with Subsection 
63H-1-502
(3).
(25) "Resort communities tax" means a sales and use tax imposed under Section
59-12-401
.
(26) "Taxable value" means the value of property as shown on the last equalized
assessment roll.
(27) "Taxing entity":
(a) means a public entity that levies a tax on property within a project area; and
(b) does not include a public infrastructure district that the authority creates under Title
17D, Chapter 4, Public Infrastructure District Act.
(28) "Telecommunications tax" means a telecommunications license tax under Title
10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act.
(29) "Transient room tax" means a tax under Section 
59-12-352
.
Section 38. Section 
63H-1-201
 is amended to read:
63H-1-201.
Creation of military installation development authority -- Status and
powers of authority -- Limitation.
(1) There is created a military installation development authority.
(2) The authority is:
(a) an independent, nonprofit, separate body corporate and politic, with perpetual
succession and statewide jurisdiction, whose purpose is to facilitate the development of land
within a project area or on military land associated with a project area;
(b) a political subdivision of the state; and
(c) a public corporation, as defined in Section 
63E-1-102
.
(3) The authority may:
(a) facilitate the development of land within one or more project areas, including the
ongoing operation of facilities within a project area, or development of military land associated
with a project area;
(b) sue and be sued;
(c) enter into contracts generally;
(d) by itself or through a subsidiary, buy, obtain an option upon, or otherwise acquire
any interest in real or personal property:
(i) in a project area; or
(ii) outside a project area for public infrastructure and improvements, if the board
considers the purchase, option, or other interest acquisition to be necessary for fulfilling the
authority's development objectives;
(e) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
personal property;
(f) enter into a lease agreement on real or personal property, either as lessee or lessor:
(i) in a project area; or
(ii) outside a project area, if the board considers the lease to be necessary for fulfilling
the authority's development objectives;
(g) provide for the development of land within a project area or military land
associated with the project area under one or more contracts;
(h) exercise powers and perform functions under a contract, as authorized in the
contract;
(i) exercise exclusive police power within a project area to the same extent as though
the authority were a municipality, including the collection of regulatory fees;
(j) receive the property tax allocation and other taxes and fees as provided in this
chapter;
(k) accept financial or other assistance from any public or private source for the
authority's activities, powers, and duties, and expend any funds so received for any of the
purposes of this chapter;
(l) borrow money, contract with, or accept financial or other assistance from the federal
government, a public entity, or any other source for any of the purposes of this chapter and
comply with any conditions of the loan, contract, or assistance;
(m) issue bonds to finance the undertaking of any development objectives of the
authority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities and
Development Act, and bonds under Title 11, Chapter 42, Assessment Area Act;
(n) hire employees, including contract employees;
(o) transact other business and exercise all other powers provided for in this chapter;
(p) enter into a development agreement with a developer of land within a project area;
(q) enter into an agreement with a political subdivision of the state under which the
political subdivision provides one or more municipal services within a project area;
(r) enter into an agreement with a private contractor to provide one or more municipal
services within a project area;
(s) provide for or finance an energy efficiency upgrade, a renewable energy system, or
electric vehicle charging infrastructure as defined in Section 
11-42a-102
, in accordance with
Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act;
(t) exercise powers and perform functions that the authority is authorized by statute to
exercise or perform;
(u) enter into an agreement with the federal government or an agency of the federal
government under which the federal government or agency:
(i) provides law enforcement services only to military land within a project area; and
(ii) may enter into a mutual aid or other cooperative agreement with a law enforcement
agency of the state or a political subdivision of the state;
(v) by itself or through a subsidiary, act as a facilitator under Title 63N, Chapter 13,
Part 3, Facilitating Public-private Partnerships Act, to provide expertise and knowledge to
another governmental entity interested in public-private partnerships;
(w) enter into an intergovernmental support agreement under Title 10, U.S.C. Sec.
2679 with the military to provide support services to the military in accordance with the
agreement;
(x) act as a developer, or assist a developer chosen by the military, to develop military
land as part of an enhanced use lease under Title 10, U.S.C. Sec. 2667; and
(y) develop public infrastructure and improvements.
(4) The authority may not itself provide law enforcement service or fire protection
service within a project area but may enter into an agreement for one or both of those services,
as provided in Subsection (3)(q).
(5) The authority shall provide support to a subsidiary that enters into an agreement
under Subsection (3)(v) that the authority determines necessary for the subsidiary to fulfill the
requirements of the agreement.
(6) Because providing procurement, utility, construction, and other services for use by
a military installation, including providing public infrastructure and improvements for use or
occupancy by the military, are core functions of the authority and are typically provided by a
local government for the local government's own needs or use, these services provided by the
authority for the military under this chapter are considered to be for the authority's own needs
and use.
(7) A public infrastructure district created by the authority under Title [
17B
] 
17D
,
Chapter [
2a, Part 12
] 
, Public Infrastructure District Act, is a subsidiary of the authority.
Section 39. Section 
63H-1-202
 is amended to read:
63H-1-202.
Applicability of other law.
(1) As used in this section:
(a) "Subsidiary" means an authority subsidiary that is a public body as defined in
Section 
52-4-103
.
(b) "Subsidiary board" means the governing body of a subsidiary.
(2) The authority or land within a project area is not subject to:
(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
(b) Title 17, Chapter 27a, County Land Use, Development, and Management Act;
(c) ordinances or regulations of a county or municipality, including those relating to
land use, health, business license, or franchise; or
(d) the jurisdiction of a local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1,
Special Service District Act.
(3) The authority is subject to and governed by Sections 
63E-2-106
, 
63E-2-107
,
63E-2-108
, 
63E-2-109
, 
63E-2-110
, and 
63E-2-111
, but is not otherwise subject to or governed
by Title 63E, Independent Entities Code.
(4) (a) The definitions in Section 
57-8-3
 apply to this Subsection (4).
(b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership
Act, or any other provision of law:
(i) if the military is the owner of land in a project area on which a condominium project
is constructed, the military is not required to sign, execute, or record a declaration of a
condominium project; and
(ii) if a condominium unit in a project area is owned by the military or owned by the
authority and leased to the military for $1 or less per calendar year, not including any common
charges that are reimbursements for actual expenses:
(A) the condominium unit is not subject to any liens under Title 57, Chapter 8,
Condominium Ownership Act;
(B) condominium unit owners within the same building or commercial condominium
project may agree on any method of allocation and payment of common area expenses,
regardless of the size or par value of each unit; and
(C) the condominium project may not be dissolved without the consent of all the
condominium unit owners.
(5) Notwithstanding any other provision, when a law requires the consent of a local
government, the authority is the consenting entity for a project area.
(6) (a) A department, division, or other agency of the state and a political subdivision
of the state shall cooperate with the authority to the fullest extent possible to provide whatever
support, information, or other assistance the authority requests that is reasonably necessary to
help the authority fulfill the authority's duties and responsibilities under this chapter.
(b) Subsection (6)(a) does not apply to a political subdivision that does not have any of
a project area located within the boundary of the political subdivision.
(7) The authority and a subsidiary are subject to Title 52, Chapter 4, Open and Public
Meetings Act, except that:
(a) notwithstanding Section [
54-2-104
] 
52-4-104
, the timing and nature of training to
authority board members or subsidiary board members on the requirements of Title 52, Chapter
4, Open and Public Meetings Act, may be determined by:
(i) the board chair, for the authority board; or
(ii) the subsidiary board chair, for a subsidiary board;
(b) authority staff may adopt a rule governing the use of electronic meetings under
Section 
52-4-207
, if, under Subsection 
63H-1-301
(3), the board delegates to authority staff the
power to adopt the rule; and
(c) for an electronic meeting of the authority board or subsidiary board that otherwise
complies with Section 
52-4-207
, the authority board or subsidiary board, respectively:
(i) is not required to establish an anchor location; and
(ii) may convene and conduct the meeting without the written determination otherwise
required under Subsection 
52-4-207
(4).
(8) The authority and a subsidiary are subject to Title 63G, Chapter 2, Government
Records Access and Management Act, except that:
(a) notwithstanding Section 
63G-2-701
:
(i) the authority may establish an appeals board consisting of at least three members;
(ii) an appeals board established under Subsection (8)(a)(i) shall include:
(A) one of the authority board members appointed by the governor;
(B) the authority board member appointed by the president of the Senate; and
(C) the authority board member appointed by the speaker of the House of
Representatives; and
(iii) an appeal of a decision of an appeals board is to district court, as provided in
Section 
63G-2-404
, except that the State Records Committee is not a party; and
(b) a record created or retained by the authority or a subsidiary acting in the role of a
facilitator under Subsection 
63H-1-201
(3)(v) is a protected record under Title 63G, Chapter 2,
Government Records Access and Management Act.
(9) The authority or a subsidiary acting in the role of a facilitator under Subsection
63H-1-201
(3)(v) is not prohibited from receiving a benefit from a public-private partnership
that results from the facilitator's work as a facilitator.
(10) (a) (i) A subsidiary created as a public infrastructure district under Title [
17B
]
17D
, Chapter [
2a, Part 12
] 
, Public Infrastructure District Act, may, subject to limitations of
Title [
17B
] 
17D
, Chapter [
2a, Part 12
] 
, Public Infrastructure District Act, levy a property tax
for the operations and maintenance of the public infrastructure district's financed infrastructure
and related improvements, subject to a maximum rate of .015.
(ii) A levy under Subsection (10)(a)(i) may be separate from a public infrastructure
district property tax levy for a bond.
(b) If a subsidiary created as a public infrastructure district issues a bond:
(i) the subsidiary may:
(A) delay the effective date of the property tax levy for the bond until after the period
of capitalized interest payments; and
(B) covenant with bondholders not to reduce or impair the property tax levy; and
(ii) notwithstanding a provision to the contrary in Title [
17B
] 
17D
, Chapter [
2a, Part
] 
, Public Infrastructure District Act, the tax rate for the property tax levy for the bond may
not exceed a rate that generates more revenue than required to pay the annual debt service of
the bond plus administrative costs, subject to a maximum of .02.
Section 40. Section 
63H-1-301
 is amended to read:
63H-1-301.
Authority board -- Delegation of power.
(1) The authority shall be governed by a board which shall manage and conduct the
business and affairs of the authority and shall determine all questions of authority policy.
(2) All powers of the authority are exercised through the board.
(3) The board may by resolution delegate powers to authority staff, including the power
to adopt a rule governing the use of electronic meetings under Section [
54-2-207
] 
52-4-207
.
Section 41. Section 
63I-1-210
 is amended to read:
63I-1-210.
Repeal dates, Title 10.
[
Section 
10-9a-526
 is repealed December 31, 2020.
] 
Section 42. Section 
63I-1-253
 is amended to read:
63I-1-253.
Repeal dates, Titles 53 through 53G.
(1) Section 
53-2a-105
, which creates the Emergency Management Administration
Council, is repealed July 1, 2022.
(2) Sections 
53-2a-1103
 and 
53-2a-1104
, which create the Search and Rescue Advisory
Board, are repealed July 1, 2022.
(3) Section 
53-5-703
, which creates the Concealed Firearm Review Board, is repealed
July 1, 2023.
(4) Subsection 
53-6-203
(1)(b)(ii), regarding being 19 years old at certification, is
repealed July 1, 2027.
(5) Subsection 
53-13-104
(6)(a), regarding being 19 years old at certification, is
repealed July 1, 2027.
(6) Section 
53B-6-105.5
, which creates the Technology Initiative Advisory Board, is
repealed July 1, 2024.
(7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(8) Section 
53B-17-1203
, which creates the SafeUT and School Safety Commission, is
repealed January 1, 2025.
(9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
(10) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
1, 2025.
(11) Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of money
from the Land Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(12) Section 
53E-3-515
 is repealed January 1, 2023.
(13) In relation to a standards review committee, on January 1, 2023:
(a) in Subsection 
53E-4-202
(8), the language "by a standards review committee and the
recommendations of a standards review committee established under Section 
53E-4-203
" is
repealed; and
(b) Section 
53E-4-203
 is repealed.
(14) Subsections 
53E-3-503
(5) and (6), which create coordinating councils for youth in
custody, are repealed July 1, 2027.
(15) Section 
53E-4-402
, which creates the State Instructional Materials Commission, is
repealed July 1, 2022.
(16) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
repealed July 1, 2023.
[
(17) Subsection 
53E-8-204
(4), which creates the advisory council for the Utah
Schools for the Deaf and the Blind, is repealed July 1, 2021.
]
[
(18)
] 
(17)
 Section 
53F-2-420
, which creates the Intensive Services Special Education
Pilot Program, is repealed July 1, 2024.
[
(19)
] 
(18)
 Section 
53F-5-203
 is repealed July 1, 2024.
[
(20) Section 
53F-5-212
 is repealed July 1, 2024.
]
[
(21)
] 
(19)
 Section 
53F-5-213
 is repealed July 1, 2023.
[
(22)
] 
(20)
 Section 
53F-5-214
, in relation to a grant for professional learning, is
repealed July 1, 2025.
[
(23)
] 
(21)
 Section 
53F-5-215
, in relation to an elementary teacher preparation grant, is
repealed July 1, 2025.
[
(24)
] 
(22)
 Subsection 
53F-9-203
(7), which creates the Charter School Revolving
Account Committee, is repealed July 1, 2024.
[
(25)
] 
(23)
 Section 
53F-9-501
 is repealed January 1, 2023.
[
(26)
] 
(24)
 Subsections 
53G-4-608
(2)(b) and (4)(b), related to the Utah Seismic Safety
Commission, are repealed January 1, 2025.
[
(27)
] 
(25)
 Subsection 
53G-8-211
(5), regarding referrals of a minor to court for a class
C misdemeanor, is repealed July 1, 2022.
Section 43. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Section [
63A-16-102
] 
63A-18-102
 is repealed;
(b) Section [
63A-16-201
] 
63A-18-201
 is repealed; and
(c) Section [
63A-16-202
] 
63A-18-202
 is repealed.
(2) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(3) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(4) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2023.
(9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
July 1, 2023.
(10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
repealed July 1, 2026.
(11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
July 1, 2025.
(12) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
(13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2025.
(14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2024.
(15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(16) Subsection 
63J-1-602.1
(17), Nurse Home Visiting Restricted Account is repealed
July 1, 2026.
(17) (a) Subsection 
63J-1-602.1
(61), relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
(61), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(18) Subsection 
63J-1-602.2
(5), referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
(19) Subsection 
63J-1-602.2
(6), referring to the Trip Reduction Program, is repealed
July 1, 2022.
(20) Subsection 
63J-1-602.2
(24), related to the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(21) Title [
63J
] 
63L
, Chapter [
] 
, Part [
] 
, Resource Development Coordinating
Committee, is repealed July 1, 2027.
(22) In relation to the advisory committee created in Subsection 
63L-11-305
(3), on
July 1, 2022:
(a) Subsection 
63L-11-305
(1)(a), which defines "advisory committee," is repealed; and
(b) Subsection 
63L-11-305
(3), which creates the advisory committee, is repealed.
(23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
January 1, 2023:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d).".
(24) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1, 2022.
(26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
[
(27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
Council, is repealed July 1, 2024.
]
[
(28)
] 
(27)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
[
(29)
] 
(28)
 Section 
63N-2-512
, related to the Hotel Impact Mitigation Fund, is repealed
July 1, 2028.
[
(30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
]
[
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
]
[
(c) Notwithstanding Subsection(30)(b), an entity may carry forward a tax credit in
accordance with Section 
59-9-107
 if:
]
[
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
]
[
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
]
[
(31)
] 
(29)
 Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
repealed July 1, 2023.
[
(32)
] 
(30)
 Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed
July 1, 2025.
[
(33)
] 
(31)
 Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
Program, is repealed January 1, 2028.
Section 44. Section 
63I-2-210
 is amended to read:
63I-2-210.
Repeal dates -- Title 10.
[
Section 
10-6-160.1
 is repealed January 1, 2021.
]
Section 45. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53 through 53G.
(1) Section 
53-1-106.1
 is repealed January 1, 2022.
(2) (a) Section 
53-2a-217
, regarding procurement during an epidemic or pandemic
emergency, is repealed on December 31, 2021.
(b) When repealing Section 
53-2a-217
, the Office of Legislative Research and General
Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(3) Section 
53-2a-219
, in relation to termination of emergency powers pertaining to
COVID-19, is repealed on July 1, 2021.
]
[
(4)
] 
(3)
 (a) Subsection 
53B-2a-108
(5), regarding exceptions to the composition of a
technical college board of trustees, is repealed July 1, 2022.
(b) When repealing Subsection 
53B-2a-108
(5), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(5)
] 
(4)
 Section 
53B-6-105.7
 is repealed July 1, 2024.
[
(6)
] 
(5)
 (a) Subsection 
53B-7-705
(6)(b)(iii)(A), the language that states "Except as
provided in Subsection (6)(b)(iii)(B)," is repealed July 1, 2021.
(b) Subsection 
53B-7-705
(6)(b)(iii)(B), regarding comparing a technical college's
change in performance with the technical college's average performance, is repealed July 1,
2021.
[
(7)
] 
(6)
 (a) Subsection 
53B-7-707
(3)(a)(ii), the language that states "Except as
provided in Subsection (3)(b)," is repealed July 1, 2021.
(b) Subsection 
53B-7-707
(3)(b), regarding performance data of a technical college
during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
[
(8)
] 
(7)
 Section 
53B-7-707
 regarding performance metrics for technical colleges is
repealed July 1, 2023.
[
(9)
] 
(8)
 Section 
53B-8-114
 is repealed July 1, 2024.
[
(10)
] 
(9)
 The following sections, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
(a) Section 
53B-8-202
;
(b) Section 
53B-8-203
;
(c) Section 
53B-8-204
; and
(d) Section 
53B-8-205
.
[
(11)
] 
(10)
 Section 
53B-10-101
 is repealed on July 1, 2027.
[
(12)
] 
(11)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
is repealed July 1, 2023.
[
(13)
] 
(12)
 Section 
53E-1-202.2
, regarding a Public Education Appropriations
Subcommittee evaluation and recommendations, is repealed January 1, 2024.
[
(14)
] 
(13)
 Section 
53E-3-520
 is repealed July 1, 2021.
[
(15)
] 
(14)
 Subsection 
53E-10-309
(7), related to the PRIME pilot program, is repealed
July 1, 2024.
[
(16)
] 
(15)
 In Subsections 
53F-2-205
(4) and (5), regarding the State Board of
Education's duties if contributions from the minimum basic tax rate are overestimated or
underestimated, the language that states "or 
53F-2-301.5
, as applicable" is repealed July 1,
2023.
[
(17)
] 
(16)
 Section 
53F-2-209
, regarding local education agency budgetary flexibility,
is repealed July 1, 2024.
[
(18)
] 
(17)
 Subsection 
53F-2-301
(1), relating to the years the section is not in effect, is
repealed July 1, 2023.
[
(19)
] 
(18)
 Section 
53F-2-302.1
, regarding the Enrollment Growth Contingency
Program, is repealed July 1, 2023.
[
(20)
] 
(19)
 Subsection 
53F-2-314
(4), relating to a one-time expenditure between the
at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
[
(21)
] 
(20)
 Section 
53F-2-418
, regarding the Supplemental Educator COVID-19
Stipend, is repealed January 1, 2022.
[
(22)
] 
(21)
 In Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(23)
] 
(22)
 Section 
53F-4-207
 is repealed July 1, 2022.
[
(24)
] 
(23)
 Subsection 
53F-4-401
(3)(b), regarding a child enrolled or eligible for
enrollment in kindergarten, is repealed July 1, 2022.
[
(25)
] 
(24)
 In Subsection 
53F-4-404
(4)(c), the language that states "Except as provided
in Subsection (4)(d)" is repealed July 1, 2022.
[
(26)
] 
(25)
 Subsection 
53F-4-404
(4)(d) is repealed July 1, 2022.
[
(27)
] 
(26)
 In Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(28)
] 
(27)
 In Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(29)
] 
(28)
 In Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(30)
] 
(29)
 In Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
,
as applicable" is repealed July 1, 2023.
[
(31)
] 
(30)
 Subsections 
53G-10-204
(1)(c) through (e), and Subsection 
53G-10-204
(6),
related to the civics engagement pilot program, are repealed on July 1, 2023.
[
(32)
] 
(31)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Subsection 
36-12-12
(3), make corrections necessary to ensure that sections and subsections
identified in this section are complete sentences and accurately reflect the office's perception of
the Legislature's intent.
Section 46. Section 
63L-11-203
 is amended to read:
63L-11-203.
Resource management plan administration.
(1) The office shall consult with the Federalism Commission before expending funds
appropriated by the Legislature for the implementation of this section.
(2) To the extent that the Legislature appropriates sufficient funding, the office may
procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah
Procurement Code, to assist the office with the office's responsibilities described in Subsection
(3).
(3) The office shall:
(a) assist each county with the creation of the county's resource management plan by:
(i) consulting with the county on policy and legal issues related to the county's resource
management plan; and
(ii) helping the county ensure that the county's resource management plan meets the
requirements of Subsection 
17-27a-401
(3);
(b) promote quality standards among all counties' resource management plans; and
(c) upon submission by a county, review and verify the county's:
(i) estimated cost for creating a resource management plan; and
(ii) actual cost for creating a resource management plan.
(4) (a) A county shall cooperate with the office, or an entity procured by the office
under Subsection (2), with regards to the office's responsibilities under Subsection (3).
(b) To the extent that the Legislature appropriates sufficient funding, the office may, in
accordance with Subsection (4)(c), provide funding to a county before the county completes a
resource management plan.
(c) The office may provide pre-completion funding described in Subsection (4)(b):
(i) after:
(A) the county submits an estimated cost for completing the resource management plan
to the office; and
(B) the office reviews and verifies the estimated cost in accordance with Subsection
(3)(c)(i); and
(ii) in an amount up to:
(A) 50% of the estimated cost of completing the resource management plan, verified
by the office; or
(B) $25,000, if the amount described in Subsection (4)(c)(i)(A) is greater than $25,000.
(d) To the extent that the Legislature appropriates sufficient funding, the office shall
provide funding to a county in the amount described in Subsection (4)(e) after:
(i) a county's resource management plan:
(A) meets the requirements described in Subsection 
17-27a-401
(3); and
(B) is adopted under Subsection 
17-27a-404
(5)(d);
(ii) the county submits the actual cost of completing the resource management plan to
the office; and
(iii) the office reviews and verifies the actual cost in accordance with Subsection
(3)(c)(ii).
(e) The office shall provide funding to a county under Subsection (4)(d) in an amount
equal to the difference between:
(i) the lesser of:
(A) the actual cost of completing the resource management plan, verified by the office;
or
(B) $50,000; and
(ii) the amount of any pre-completion funding that the county received under
Subsections (4)(b) and (c).
(5) To the extent that the Legislature appropriates sufficient funding, after the deadline
established in Subsection 
17-27a-404
(5)(d) for a county to adopt a resource management plan,
the office shall:
(a) obtain a copy of each county's resource management plan;
(b) create a statewide resource management plan that:
(i) meets the same requirements described in Subsection 
17-27a-401
(3); and
(ii) to the extent reasonably possible, coordinates and is consistent with any resource
management plan or land use plan established under 
Title 63J,
 Chapter 8, State of Utah
Resource Management Plan for Federal Lands; and
(c) submit a copy of the statewide resource management plan to the Federalism
Commission for review.
(6) Following review of the statewide resource management plan, the Federalism
Commission shall prepare a concurrent resolution approving the statewide resource
management plan for consideration during the 2018 General Session.
(7) To the extent that the Legislature appropriates sufficient funding, the office shall
provide legal support to a county that becomes involved in litigation with the federal
government over the requirements of Subsection 
17-27a-405
(3).
(8) After the statewide resource management plan is approved, as described in
Subsection (6), and to the extent that the Legislature appropriates sufficient funding, the office
shall monitor the implementation of the statewide resource management plan at the federal,
state, and local levels.
Section 47. Section 
63L-11-301
 is amended to read:
63L-11-301.
Office duties relating to plans for the management of federal land.
(1) (a) In preparing or assisting in the preparation of plans, policies, programs, or
processes related to the management or use of federal land or natural resources on federal land
in the state, the office shall:
(i) incorporate the plans, policies, programs, processes, and desired outcomes of the
counties where the federal lands or natural resources are located, to the maximum extent
consistent with state and federal law, subject to Subsection (1)(b);
(ii) identify inconsistencies or conflicts between the plans, policies, programs,
processes, and desired outcomes prepared under Subsection (1)(a)(i) and the plans, programs,
processes, and desired outcomes of local government as early in the preparation process as
possible, and seek resolution of the inconsistencies through meetings or other conflict
resolution mechanisms involving the necessary and immediate parties to the inconsistency or
conflict;
(iii) present to the governor the nature and scope of any inconsistency or other conflict
that is not resolved under the procedures in Subsection (1)(a)[
(i)
]
(ii)
 for the governor's decision
about the position of the state concerning the inconsistency or conflict;
(iv) develop, research, and use factual information, legal analysis, and statements of
desired future condition for the state, or subregion of the state, as necessary to support the
plans, policies, programs, processes, and desired outcomes of the state and the counties where
the federal lands or natural resources are located;
(v) establish and coordinate agreements between the state and federal land management
agencies, federal natural resource management agencies, and federal natural resource
regulatory agencies to facilitate state and local participation in the development, revision, and
implementation of land use plans, guidelines, regulations, other instructional memoranda, or
similar documents proposed or promulgated for lands and natural resources administered by
federal agencies; and
(vi) work in conjunction with political subdivisions to establish agreements with
federal land management agencies, federal natural resource management agencies, and federal
natural resource regulatory agencies to provide a process for state and local participation in the
preparation of, or coordinated state and local response to, environmental impact analysis
documents and similar documents prepared pursuant to law by state or federal agencies.
(b) The requirement in Subsection (1)(a)(i) may not be interpreted to infringe upon the
authority of the governor.
(2) The office shall cooperate with and work in conjunction with appropriate state
agencies and political subdivisions to develop policies, plans, programs, processes, and desired
outcomes authorized by this section by coordinating the development of positions:
(a) through the coordinating committee;
(b) in conjunction with local government officials concerning general local government
plans; and
(c) by soliciting public comment through the coordinating committee.
Section 48. Section 
63M-7-405
 is amended to read:
63M-7-405.
Compensation of members -- Reports to the Legislature, the courts,
and the governor -- Collateral consequences guide.
(1) (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
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(2) (a) The commission shall submit to the Legislature, the courts, and the governor at
least 60 days before the annual general session of the Legislature the commission's reports and
recommendations for sentencing guidelines and supervision length guidelines and
amendments.
(b) The commission shall use existing data and resources from state criminal justice
agencies.
(c) The commission may employ professional assistance and other staff members as it
considers necessary or desirable.
(3) The commission shall assist and respond to questions from all three branches of
government, but is part of the Commission on Criminal and Juvenile Justice for coordination
on criminal and juvenile justice issues, budget, and administrative support.
(4) (a) As used in this Subsection (4), "master offense list" means a document that
contains all offenses that exist in statute and each offense's associated penalty.
(b) No later than May 1, 2017, the commission shall create a master offense list.
(c) No later than June 30 of each calendar year, the commission shall:
(i) after the last day of the general legislative session, update the master offense list;
and
(ii) present the updated master offense list to the Law Enforcement and Criminal
Justice Interim Committee.
(5) As used in Subsection (6):
(a) "Adjudication" means an adjudication, as that term is defined in Section
[
78A-6-105
] 
80-1-102
, of an offense under Section [
78A-6-117
] 
80-6-701
.
(b) "Civil disability" means a legal right or privilege that is revoked as a result of the
individual's conviction or adjudication.
(c) "Collateral consequence" means:
(i) a discretionary disqualification; or
(ii) a mandatory sanction.
(d) "Conviction" means the same as that term is defined in Section 
77-38b-102
.
(e) "Disadvantage" means any legal or regulatory restriction that:
(i) is imposed on an individual as a result of the individual's conviction or adjudication;
and
(ii) is not a civil disability or a legal penalty.
(f) "Discretionary disqualification" means a penalty, a civil disability, or a disadvantage
that a court in a civil proceeding, or a federal, state, or local government agency or official,
may impose on an individual as a result of the individual's adjudication or conviction for an
offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically
designated as a penalty, a civil disability, or a disadvantage.
(g) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
(i) is imposed on an individual as a result of the individual's adjudication or conviction
for an offense regardless of whether the penalty, the civil disability, or the disadvantage is
specifically designated as a penalty, a civil disability, or a disadvantage; and
(ii) is not included in the judgment for the adjudication or conviction.
(h) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under
the laws of this state, another state, or the United States.
(i) "Penalty" means an administrative, civil, or criminal sanction imposed to punish the
individual for the individual's conviction or adjudication.
(6) (a) The commission shall:
(i) identify any provision of state law, including the Utah Constitution, and any
administrative rule that imposes a collateral consequence;
(ii) prepare and compile a guide that contains all the provisions identified in
Subsection (6)(a)(i) on or before October 1, 2022; and
(iii) update the guide described in Subsection (6)(a)(ii) annually.
(b) The commission shall state in the guide described in Subsection (6)(a) that:
(i) the guide has not been enacted into law;
(ii) the guide does not have the force of law;
(iii) the guide is for informational purposes only;
(iv) an error or omission in the guide, or in any reference in the guide:
(A) has no effect on a plea, an adjudication, a conviction, a sentence, or a disposition;
and
(B) does not prevent a collateral consequence from being imposed;
(v) any laws or regulations for a county, a municipality, another state, or the United
States, imposing a collateral consequence are not included in the guide; and
(vi) the guide does not include any provision of state law or any administrative rule
imposing a collateral consequence that is enacted on or after March 31 of each year.
(c) The commission shall:
(i) place the statements described in Subsection (6)(b) in a prominent place at the
beginning of the guide; and
(ii) make the guide available to the public on the commission's website.
(d) The commission shall:
(i) present the updated guide described in Subsection (6)(a)(iii) annually to the Law
Enforcement and Criminal Justice Interim Committee; and
(ii) identify and recommend legislation on collateral consequences to the Law
Enforcement and Criminal Justice Interim Committee.
Section 49. Section 
63N-4-103
 is amended to read:
63N-4-103.
Purpose of the Center for Rural Development.
The Center for Rural Development is established to:
(1) foster and support economic development programs and activities for the benefit of
rural counties and communities;
(2) foster and support community, county, and resource management planning
programs and activities for the benefit of rural counties and communities;
(3) foster and support leadership training programs and activities for the benefit of:
(a) rural leaders in both the public and private sectors;
(b) economic development and planning personnel; and
(c) rural government officials;
(4) foster and support efforts to coordinate and focus the technical and other resources
of appropriate institutions of higher education, local governments, private sector interests,
associations, nonprofit organizations, federal agencies, and others, in ways that address the
economic development, planning, and leadership challenges;
(5) work to enhance the capacity of [
GOED
] 
the GO Utah office
 to address rural
economic development, planning, and leadership training challenges and opportunities by
establishing partnerships and positive working relationships with appropriate public and private
sector entities, individuals, and institutions; and
(6) foster government-to-government collaboration and good working relations
between state and rural government regarding economic development and planning issues.
Section 50. Section 
63N-7-301
 is amended to read:
63N-7-301.
Tourism Marketing Performance Account.
(1) There is created within the General Fund a restricted account known as the Tourism
Marketing Performance Account.
(2) The account shall be administered by [
GOED
] 
the GO Utah office
 for the purposes
listed in Subsection (5).
(3) (a) The account shall earn interest.
(b) All interest earned on account money shall be deposited into the account.
(4) The account shall be funded by appropriations made to the account by the
Legislature in accordance with this section.
(5) The [
executive
] 
managing
 director of [
GOED's
] 
the GO Utah office's
 Office of
Tourism shall use account money appropriated to [
GOED
] 
the GO Utah office
 to pay for the
statewide advertising, marketing, and branding campaign for promotion of the state as
conducted by [
GOED
] 
the GO Utah office
.
(6) (a) For each fiscal year beginning on or after July 1, 2007, [
GOED
] 
the GO Utah
office
 shall annually allocate 10% of the account money appropriated to [
GOED
] 
the GO Utah
office
 to a sports organization for advertising, marketing, branding, and promoting Utah in
attracting sporting events into the state.
(b) The sports organization shall:
(i) provide an annual written report to [
GOED
] 
the GO Utah office
 that gives an
accounting of the use of funds the sports organization receives under this Subsection (6); and
(ii) promote the state and encourage economic growth in the state.
(c) For purposes of this Subsection (6), "sports organization" means an organization
that:
(i) is exempt from federal income taxation in accordance with Section 501(c)(3),
Internal Revenue Code;
(ii) maintains its principal location in the state;
(iii) has a minimum of 15 years experience in the state hosting, fostering, and attracting
major summer and winter sporting events statewide; and
(iv) was created to foster state, regional, national, and international sports competitions
in the state, to drive the state's Olympic and sports legacy, including competitions related to
Olympic sports, and to promote and encourage sports tourism throughout the state, including
advertising, marketing, branding, and promoting the state for the purpose of attracting sporting
events in the state.
(7) Money deposited into the account shall include a legislative appropriation from the
cumulative sales and use tax revenue increases described in Subsection (8), plus any additional
appropriation made by the Legislature.
(8) (a) In fiscal years 2006 through 2019, a portion of the state sales and use tax
revenues determined under this Subsection (8) shall be certified by the State Tax Commission
as a set-aside for the account, and the State Tax Commission shall report the amount of the
set-aside to the office, the Office of Legislative Fiscal Analyst, and the Division of Finance,
which shall set aside the certified amount for appropriation to the account.
(b) For fiscal years 2016 through 2019, the State Tax Commission shall calculate the
set-aside under this Subsection (8) in each fiscal year by applying one of the following
formulas: if the annual percentage change in the Consumer Price Index for All Urban
Consumers, as published by the Bureau of Labor Statistics of the United States Department of
Labor, for the fiscal year two years before the fiscal year in which the set-aside is to be made is:
(i) greater than 3%, and if the annual percentage change in the state sales and use tax
revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
years before the fiscal year in which the set-aside is to be made is greater than the annual
percentage change in the Consumer Price Index for the fiscal year two years before the fiscal
year in which the set-aside is to be made, then the difference between the annual percentage
change in the state sales and use tax revenues attributable to the retail sales of tourist-oriented
goods and services and the annual percentage change in the Consumer Price Index shall be
multiplied by an amount equal to the state sales and use tax revenues attributable to the retail
sales of tourist-oriented goods and services from the fiscal year three years before the fiscal
year in which the set-aside is to be made; or
(ii) 3% or less, and if the annual percentage change in the state sales and use tax
revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
years before the fiscal year in which the set-aside is to be made is greater than 3%, then the
difference between the annual percentage change in the state sales and use tax revenues
attributable to the retail sales of tourist-oriented goods and services and 3% shall be multiplied
by an amount equal to the state sales and use tax revenues attributable to the retail sales of
tourist-oriented goods and services from the fiscal year three years before the fiscal year in
which the set-aside is to be made.
(c) The total money appropriated to the account in a fiscal year under Subsections
(8)(a) and (b) may not exceed the amount appropriated to the account in the preceding fiscal
year by more than $3,000,000.
(d) As used in this Subsection (8), "state sales and use tax revenues" are revenues
collected under Subsections 
59-12-103
(2)(a)(i)(A) and 
59-12-103
(2)(c)(i).
(e) As used in this Subsection (8), "retail sales of tourist-oriented goods and services"
are calculated by adding the following percentages of sales from each business registered with
the State Tax Commission under one of the following codes of the 2012 North American
Industry Classification System of the federal Executive Office of the President, Office of
Management and Budget:
(i) 80% of the sales from each business under NAICS Codes:
(A) 532111 Passenger Car Rental;
(B) 53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing;
(C) 5615 Travel Arrangement and Reservation Services;
(D) 7211 Traveler Accommodation; and
(E) 7212 RV (Recreational Vehicle) Parks and Recreational Camps;
(ii) 25% of the sales from each business under NAICS Codes:
(A) 51213 Motion Picture and Video Exhibition;
(B) 532292 Recreational Goods Rental;
(C) 711 Performing Arts, Spectator Sports, and Related Industries;
(D) 712 Museums, Historical Sites, and Similar Institutions; and
(E) 713 Amusement, Gambling, and Recreation Industries;
(iii) 20% of the sales from each business under NAICS Code 722 Food Services and
Drinking Places;
(iv) 18% of the sales from each business under NAICS Codes:
(A) 447 Gasoline Stations; and
(B) 81293 Parking Lots and Garages;
(v) 14% of the sales from each business under NAICS Code 8111 Automotive Repair
and Maintenance; and
(vi) 5% of the sales from each business under NAICS Codes:
(A) 445 Food and Beverage Stores;
(B) 446 Health and Personal Care Stores;
(C) 448 Clothing and Clothing Accessories Stores;
(D) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores;
(E) 452 General Merchandise Stores; and
(F) 453 Miscellaneous Store Retailers.
(9) (a) For each fiscal year, the office shall allocate 20% of the funds appropriated to
the Tourism Marketing and Performance Account to the cooperative program described in this
Subsection (9).
(b) Money allocated to the cooperative program may be awarded to cities, counties,
nonprofit destination marketing organizations, and similar public entities for the purpose of
supplementing money committed by these entities for advertising and promoting sites and
events in the state.
(c) The office shall establish:
(i) an application and approval process for an entity to receive a cooperative program
award, including an application deadline;
(ii) the criteria for awarding a cooperative program award, which shall emphasize
attracting out-of-state visitors, and may include attracting in-state visitors, to sites and events in
the state; and
(iii) eligibility, advertising, timing, and reporting requirements of an entity that
receives a cooperative program award.
(d) Money allocated to the cooperative program that is not used in each fiscal year shall
be returned to the Tourism Marketing Performance Account.
Section 51. Section 
63N-9-102
 is amended to read:
63N-9-102.
Definitions.
As used in this chapter:
(1) "Accessible to the general public," in relation to the awarding of an infrastructure
grant, means:
(a) the public may use the infrastructure in accordance with federal and state
regulations; and
(b) no community or group retains exclusive rights to access the infrastructure.
(2) "Advisory committee" means the Utah Outdoor Recreation Grant Advisory
Committee created in Section 
79-8-105
.
(3) "Director" means the director of the Utah Office of Outdoor Recreation.
[
(4) "Executive director" means the executive director of GOED.
]
[
(5)
] 
(4)
 "Infrastructure grant" means an outdoor recreational infrastructure grant
described in Section 
63N-9-202
.
[
(6)
] 
(5)
 "Outdoor recreation office" means the Utah Office of Outdoor Recreation
created in Section 
63N-9-104
.
[
(7)
] 
(6)
 (a) "Recreational infrastructure project" means an undertaking to build or
improve the approved facilities and installations needed for the public to access and enjoy the
state's outdoors.
(b) "Recreational infrastructure project" may include the:
(i) establishment, construction, or renovation of a trail, trail infrastructure, or trail
facilities;
(ii) construction of a project for water-related outdoor recreational activities;
(iii) development of a project for wildlife watching opportunities, including bird
watching;
(iv) development of a project that provides winter recreation amenities;
(v) construction or improvement of a community park that has amenities for outdoor
recreation; and
(vi) construction or improvement of a naturalistic and accessible playground.
[
(8)
] 
(7)
 (a) "Underserved or underprivileged community" means a group of people,
including a municipality, county, or American Indian tribe, that is economically disadvantaged.
(b) "Underserved or underprivileged community" includes an economically
disadvantaged community where in relation to awarding an infrastructure grant, the people of
the community have limited access to or have demonstrated a low level of use of recreational
infrastructure.
Section 52. Section 
67-3-12
 is amended to read:
67-3-12.
Utah Public Finance Website -- Establishment and administration --
Records disclosure -- Exceptions.
(1) As used in this section:
(a) (i) Subject to Subsections (1)(a)(ii) and (iii), "independent entity" means the same
as that term is defined in Section 
63E-1-102
.
(ii) "Independent entity" includes an entity that is part of an independent entity
described in Subsection (1)(a)(i), if the entity is considered a component unit of the
independent entity under the governmental accounting standards issued by the Governmental
Accounting Standards Board.
(iii) "Independent entity" does not include the Utah State Retirement Office created in
Section 
49-11-201
.
(b) "Local education agency" means a school district or charter school.
(c) "Participating local entity" means:
(i) a county;
(ii) a municipality;
(iii) a local district under Title 17B, Limited Purpose Local Government Entities -
Local Districts;
(iv) a special service district under Title 17D, Chapter 1, Special Service District Act;
(v) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
(vi) a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District
Act;
(vii) except for a taxed interlocal entity as defined in Section 
11-13-602
:
(A) an interlocal entity as defined in Section 
11-13-103
;
(B) a joint or cooperative undertaking as defined in Section 
11-13-103
; or
(C) any project, program, or undertaking entered into by interlocal agreement in
accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
(viii) except for a taxed interlocal entity as defined in Section 
11-13-602
, an entity that
is part of an entity described in Subsections (1)(c)(i) through (vii), if the entity is considered a
component unit of the entity described in Subsections (1)(c)(i) through (vii) under the
governmental accounting standards issued by the Governmental Accounting Standards Board;
or
(ix) a conservation district under Title 17D, Chapter 3, Conservation District Act.
(d) (i) "Participating state entity" means the state of Utah, including its executive,
legislative, and judicial branches, its departments, divisions, agencies, boards, commissions,
councils, committees, and institutions.
(ii) "Participating state entity" includes an entity that is part of an entity described in
Subsection (1)(d)(i), if the entity is considered a component unit of the entity described in
Subsection (1)(d)(i) under the governmental accounting standards issued by the Governmental
Accounting Standards Board.
(e) "Public finance website" or "website" means the website established by the state
auditor in accordance with this section.
(f) "Public financial information" means each record that is required under this section
or by rule made by the Office of the State Auditor under Subsection (8) to be made available on
the public finance website, a participating local entity's website, or an independent entity's
website.
(g) "Qualifying entity" means:
(i) an independent entity;
(ii) a participating local entity;
(iii) a participating state entity;
(iv) a local education agency;
(v) a state institution of higher education as defined in Section 
53B-3-102
;
(vi) the Utah Educational Savings Plan created in Section [
58B-8a-103
] 
53B-8a-103
;
(vii) the Utah Housing Corporation created in Section 
63H-8-201
;
(viii) the School and Institutional Trust Lands Administration created in Section
53C-1-201
;
(ix) the Utah Capital Investment Corporation created in Section 
63N-6-301
; or
(x) a URS-participating employer.
(h) (i) "URS-participating employer" means an entity that:
(A) is a participating entity, as that term is defined in Section 
49-11-102
; and
(B) is not required to report public financial information under this section as a
qualifying entity described in Subsections (1)(g)(i) through (ix).
(ii) "URS-participating employer" does not include:
(A) the Utah State Retirement Office created in Section 
49-11-201
; or
(B) a withdrawing entity.
(i) (i) "Withdrawing entity" means an entity that elects to withdraw from participation
in a system or plan under Title 49, Chapter 11, Part 6, Procedures and Records.
(ii) "Withdrawing entity" includes a withdrawing entity, as that term is defined in
Sections 
49-11-623
 and 
49-11-624
.
(2) The state auditor shall establish and maintain a public finance website in
accordance with this section.
(3) The website shall:
(a) permit Utah taxpayers to:
(i) view, understand, and track the use of taxpayer dollars by making public financial
information available on the Internet for participating state entities, independent entities,
participating local entities, and URS-participating employers, using the website; and
(ii) link to websites administered by participating local entities, independent entities, or
URS-participating employers that do not use the website for the purpose of providing public
financial information as required by this section and by rule made under Subsection (8);
(b) allow a person that has Internet access to use the website without paying a fee;
(c) allow the public to search public financial information on the website;
(d) provide access to financial reports, financial audits, budgets, or other financial
documents that are used to allocate, appropriate, spend, and account for government funds, as
may be established by rule made in accordance with Subsection (9);
(e) have a unique and simplified website address;
(f) be guided by the principles described in Subsection 
63A-16-202
(2);
(g) include other links, features, or functionality that will assist the public in obtaining
and reviewing public financial information, as may be established by rule made under
Subsection (9); and
(h) include a link to school report cards published on the State Board of Education's
website under Section 
53E-5-211
.
(4) The state auditor shall:
(a) establish and maintain the website, including the provision of equipment, resources,
and personnel as necessary;
(b) maintain an archive of all information posted to the website;
(c) coordinate and process the receipt and posting of public financial information from
participating state entities; and
(d) coordinate and regulate the posting of public financial information by participating
local entities and independent entities.
(5) A qualifying entity shall permit the public to view the qualifying entity's public
financial information by posting the public financial information to the public finance website
in accordance with rules made under Subsection (9).
(6) The content of the public financial information posted to the public finance website
is the responsibility of the qualifying entity posting the public financial information.
(7) A URS-participating employer shall provide employee compensation information
for each fiscal year ending on or after June 30, 2022:
(a) to the state auditor for posting on the Utah Public Finance Website; or
(b) (i) through the URS-participating employer's own website; and
(ii) via a link to the website described in Subsection (7)(b)(i), submitted to the state
auditor for posting on the Utah Public Finance Website.
(8) (a) A qualifying entity may not post financial information that is classified as
private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
Management Act, to the public finance website.
(b) An individual who negligently discloses financial information that is classified as
private, protected, or controlled by Title 63G, Chapter 2, Government Records Access and
Management Act, is not criminally or civilly liable for an improper disclosure of the financial
information if the financial information is disclosed solely as a result of the preparation or
publication of the website.
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Office of the State Auditor:
(a) shall make rules to:
(i) establish which records a qualifying entity is required to post to the public finance
website; and
(ii) establish procedures for obtaining, submitting, reporting, storing, and posting
public financial information on the public finance website; and
(b) may make rules governing when a qualifying entity is required to disclose an
expenditure made by a person under contract with the qualifying entity, including the form and
content of the disclosure.
(10) The rules made under Subsection (9) shall only require a URS-participating
employer to provide employee compensation information for each fiscal year ending on or after
June 30, 2022:
(a) to the state auditor for posting on the public finance website; or
(b) (i) through the URS-participating employer's own website; and
(ii) via a link to the website described in Subsection (10)(b)(i), submitted to the state
auditor for posting on the public finance website.
Section 53. Section 
67-19a-101
 is amended to read:
67-19a-101.
Definitions.
As used in this chapter:
(1) "Abusive conduct" means the same as that term is defined in Section 
67-26-102
.
(2) "Administrator" means the person appointed under Section 
67-19a-201
 to head the
Career Service Review Office.
(3) "Career service employee" means a person employed in career service as defined in
Section [
67-19-3
] 
63A-17-102
.
(4) "Division" means the Division of Human Resource Management.
(5) "Employer" means the state of Utah and all supervisory personnel vested with the
authority to implement and administer the policies of an agency.
(6) "Excusable neglect" means harmless error, mistake, inadvertence, surprise, a failure
to discover evidence that, through due diligence, could not have been discovered in time to
meet the applicable time period, misrepresentation or misconduct by the employer, or any other
reason justifying equitable relief. 
(7) "Grievance" means:
(a) a complaint by a career service employee concerning any matter touching upon the
relationship between the employee and the employer;
(b) any dispute between a career service employee and the employer;
(c) a complaint by a reporting employee that a public entity has engaged in retaliatory
action against the reporting employee ; and
(d) a complaint that the employer subjected the employee to conditions that a
reasonable person would consider intolerable, including abusive conduct.
(8) "Office" means the Career Service Review Office created under Section
67-19a-201
.
(9) "Public entity" means the same as that term is defined in Section 
67-21-2
.
(10) "Reporting employee" means an employee of a public entity who alleges that the
public entity engaged in retaliatory action against the employee.
(11) "Retaliatory action" means to do any of the following to an employee in violation
of Section 
67-21-3
:
(a) dismiss the employee;
(b) reduce the employee's compensation;
(c) fail to increase the employee's compensation by an amount that the employee is
otherwise entitled to or was promised;
(d) fail to promote the employee if the employee would have otherwise been promoted;
or
(e) threaten to take an action described in Subsections (11)(a) through (d).
(12) "Supervisor" means the person:
(a) to whom an employee reports; or
(b) who assigns and oversees an employee's work.
Section 54. Section 
73-18c-201
 is amended to read:
73-18c-201.
Division to administer and enforce chapter -- Division may adopt
rules.
(1) (a) The division shall administer this chapter.
(b) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
Classifications, may enforce this chapter [
in
] 
and
 the rules made under this chapter.
(2) The division, after consultation with the commission, may adopt rules as necessary
for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
Section 55. Section 
77-23c-102
 is amended to read:
77-23c-102.
Electronic information or data privacy -- Warrant required for
disclosure.
(1) (a) Except as provided in Subsection (2), for a criminal investigation or
prosecution, a law enforcement agency may not obtain, without a search warrant issued by a
court upon probable cause:
(i) the location information, stored data, or transmitted data of an electronic device; or
(ii) electronic information or data transmitted by the owner of the electronic
information or data:
(A) to a provider of a remote computing service; or
(B) through a provider of an electronic communication service.
(b) Except as provided in Subsection (1)(c), a law enforcement agency may not use,
copy, or disclose, for any purpose, the location information, stored data, or transmitted data of
an electronic device, or electronic information or data provided by a provider of a remote
computing service or an electronic communication service, that:
(i) is not the subject of the warrant; and
(ii) is collected as part of an effort to obtain the location information, stored data, or
transmitted data of an electronic device, or electronic information or data provided by a
provider of a remote computing service or an electronic communication service that is the
subject of the warrant in Subsection (1)(a).
(c) A law enforcement agency may use, copy, or disclose the transmitted data of an
electronic device used to communicate with the electronic device that is the subject of the
warrant if the law enforcement agency reasonably believes that the transmitted data is
necessary to achieve the objective of the warrant.
(d) The electronic information or data described in Subsection (1)(b) shall be destroyed
in an unrecoverable manner by the law enforcement agency as soon as reasonably possible after
the electronic information or data is collected.
(2) (a) A law enforcement agency may obtain location information without a warrant
for an electronic device:
(i) in accordance with Section 
53-10-104.5
;
(ii) if the device is reported stolen by the owner;
(iii) with the informed, affirmative consent of the owner or user of the electronic
device;
(iv) in accordance with a judicially recognized exception to warrant requirements;
(v) if the owner has voluntarily and publicly disclosed the location information; or
(vi) from a provider of a remote computing service or an electronic communications
service if the provider voluntarily discloses the location information:
(A) under a belief that an emergency exists involving an imminent risk to an individual
of death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping,
or human trafficking; or
(B) that is inadvertently discovered by the provider and appears to pertain to the
commission of a felony, or of a misdemeanor involving physical violence, sexual abuse, or
dishonesty.
(b) A law enforcement agency may obtain stored data or transmitted data from an
electronic device or electronic information or data transmitted by the owner of the electronic
information or data to a provider of a remote computing service or through a provider of an
electronic communication service, without a warrant:
(i) with the informed consent of the owner of the electronic device or electronic
information or data;
(ii) in accordance with a judicially recognized exception to warrant requirements; or
(iii) subject to Subsection [
77-23c-102
](2)(a)(vi)(B), from a provider of a remote
computing service or an electronic communication service if the provider voluntarily discloses
the stored or transmitted data as otherwise permitted under 18 U.S.C. Sec. 2702.
(c) A prosecutor may obtain a judicial order as described in Section 
77-22-2.5
 for the
purposes described in Section 
77-22-2.5
.
(3) A provider of an electronic communication service or a remote computing service,
the provider's officers, employees, or agents, or other specified persons may not be held liable
for providing information, facilities, or assistance in good faith reliance on the terms of the
warrant issued under this section or without a warrant in accordance with Subsection (2).
(4) Nothing in this chapter:
(a) limits or affects the disclosure of public records under Title 63G, Chapter 2,
Government Records Access and Management Act;
(b) affects the rights of an employer under Subsection 
34-48-202
(1)(e) or an
administrative rule adopted under Section [
63F-1-206
] 
63A-16-205
; or
(c) limits the ability of a law enforcement agency to receive or use information, without
a warrant or subpoena, from the National Center for Missing and Exploited Children under 18
U.S.C. Sec. 2258A.
Section 56. Section 
78B-3-106.5
 is amended to read:
78B-3-106.5.
Claims brought by presumptive personal representative.
(1) "Presumptive personal representative" means:
(a) the spouse of the decedent not alleged to have contributed to the death of the
decedent;
(b) if no spouse exists, the spouse of the decedent is incapacitated, or if the spouse of
the decedent is alleged to have contributed to the death of the decedent, then an adult child of
the decedent not alleged to have contributed to the death of the decedent; or
(c) if the spouse and all children of the decedent are incapacitated, or are alleged to
have contributed to the death of the decedent, then a parent of the decedent.
(2) (a) Forty-five days after the death of a person, including a minor, caused by the
wrongful act or neglect of another, the presumptive personal representative may present to an
insurer and resolve with the insurer a claim for policy limits up to $25,000 for liability and
uninsured motorist claims, $10,000 for underinsured motorist claims, and execute any
applicable release of liability upon presentation of an affidavit, properly notarized, stating that:
(i) the person presenting the affidavit is the presumptive personal representative;
(ii) 45 days have elapsed since the death of the decedent;
(iii) no application or petition for the appointment of a personal representative is
pending or has been granted in any jurisdiction; and
(iv) notice of intent to resolve the claim has been sent to the last-known addresses of
all heirs as defined by Section [
78B-3-102
 or
] 
78B-3-105
.
(b) Claims for personal injury protection benefits resulting from the death of an insured
are exempt from the 45-day waiting requirement, but shall include all information required in
Subsections (2)(a)(i), (iii), and (iv).
(3) The presumptive personal representative's claim shall be on behalf of all heirs of
the decedent as defined by Section [
78B-3-102
 or
] 
78B-3-105
. The personal representative
shall have the same duties toward other heirs as those duties provided in Sections 
75-3-701
through 
75-3-720
.
(4) Any insurer and its insured paying a claim arising out of the wrongful death of a
person, including a minor, including but not limited to claims for uninsured or underinsured
motorist coverage as provided in Section 
31A-22-305
, to a presumptive personal representative
upon presentation of an affidavit as described in Subsection (2) are discharged and released to
the same extent as if the insurer and its insured dealt with a personal representative of the
decedent. The insurer and its insured are not required to inquire into the truth of any statement
in the affidavit.
(5) Nothing in this section affects or prevents, to the limits of insurance protection
only, any claim for first party benefits or a proceeding to establish the liability of a tort feasor
insured under any policy of insurance in addition to the policy under which the claim was
presented and paid under Subsection (2).
(6) If any heirs are minors, the presumptive personal representative may not distribute
more than 50% of the proceeds of the settlement until the distribution has been approved by a
court approved settlement in which a conservator is appointed for any minor heirs.
Section 57. Section 
78B-9-301
 is amended to read:
78B-9-301.
Postconviction testing of DNA -- Petition -- Sufficient allegations --
Notification of victim.
(1) As used in this part:
(a) "DNA" means deoxyribonucleic acid.
(b) "Factually innocent" means the same as that term is defined in Section
78B-9-401.5
.
(2) An individual convicted of a felony offense may at any time file a petition for
postconviction DNA testing in the trial court that entered the judgment of conviction if the
individual asserts factual innocence under oath and the petition alleges:
(a) evidence has been obtained regarding the individual's case that is still in existence
and is in a condition that allows DNA testing to be conducted;
(b) the chain of custody is sufficient to establish that the evidence has not been altered
in any material aspect;
(c) the individual identifies the specific evidence to be tested and states a theory of
defense, not inconsistent with theories previously asserted at trial, that the requested DNA
testing would support;
(d) the evidence was not previously subjected to DNA testing, or if the evidence was
tested previously, the evidence was not subjected to the testing that is now requested, and the
new testing may resolve an issue not resolved by the prior testing;
(e) the proposed DNA testing is generally accepted as valid in the scientific field or is
otherwise admissible under Utah law;
(f) the evidence that is the subject of the request for testing:
(i) has the potential to produce new, noncumulative evidence; and
(ii) there is a reasonable probability that the defendant would not have been convicted
or would have received a lesser sentence if the evidence had been presented at the original trial;
and
(g) the individual is aware of the consequences of filing the petition, including:
(i) the consequences specified in Sections 
78B-9-302
 and 
78B-9-304
; and
(ii) that the individual is waiving any statute of limitations in all jurisdictions as to any
felony offense the individual has committed which is identified through DNA database
comparison.
(3) The petition under Subsection (2) shall comply with Utah Rules of Civil Procedure,
Rule 65C, including providing the underlying criminal case number.
(4) After a petition is filed under this section, prosecutors, law enforcement officers,
and crime laboratory personnel have a duty to cooperate in preserving evidence and in
determining the sufficiency of the chain of custody of the evidence which may be subject to
DNA testing.
(5) (a) (i) An individual who files a petition under this section shall serve notice upon
the office of the prosecutor who obtained the conviction, and upon the Utah attorney general.
(ii) The attorney general shall, within 30 days after receipt of service of a copy of the
petition, or within any additional period of time the court allows, answer or otherwise respond
to all proceedings initiated under this part.
(b) After the attorney general responds under Subsection (5)(a), the petitioner has the
right to reply to the response of the attorney general.
(c) After the attorney general and the petitioner have filed a response and reply in
compliance with Subsection (5)(b), the court shall order DNA testing if it finds by a
preponderance of the evidence that all criteria of Subsection (2) have been met.
(6) (a) If the court grants the petition for testing, the DNA test shall be performed by
the Utah State Crime Laboratory within the Criminal Investigations and Technical Services
Division created in Section 
53-10-103
, unless the individual establishes that the state crime
laboratory has a conflict of interest or does not have the capability to perform the necessary
testing.
(b) If the court orders that the testing be conducted by any laboratory other than the
state crime laboratory, the court shall require that the testing be performed:
(i) under reasonable conditions designed to protect the state's interests in the integrity
of the evidence; and
(ii) according to accepted scientific standards and procedures.
(7) (a) DNA testing under this section shall be paid for from funds appropriated to the
Department of Public Safety under Subsection 
53-10-407
(4)(d)(ii) from the DNA Specimen
Restricted Account created in Section 
53-10-407
 if:
(i) the court ordered the DNA testing under this section;
(ii) the Utah State Crime Laboratory within the Criminal Investigations and Technical
Services Division has a conflict of interest or does not have the capability to perform the
necessary testing; and
(iii) the petitioner who has filed for postconviction DNA testing under Section
78B-9-201
 is serving a sentence of imprisonment and is indigent.
(b) Under this Subsection (7), costs of DNA testing include costs that are necessary to
transport the evidence, prepare samples for analysis, analyze the evidence, and prepare reports
of findings.
(8) If the individual is serving a sentence of imprisonment and is indigent, the state
shall pay for the costs of the testing under this part, but if the result is not favorable to the
individual, the court may order the [
person
] 
individual
 to reimburse the state for the costs of
the testing, in accordance with Subsections 
78B-9-302
(4) and 
78B-9-304
(1)(b).
(9) Any victim of the crime regarding which the individual petitions for DNA testing,
who has elected to receive notice under Section 
77-38-3
 shall be notified by the state's attorney
of any hearing regarding the petition and testing, even though the hearing is a civil proceeding.
Section 58. Section 
79-8-102
 is amended to read:
79-8-102.
Definitions.
As used in this chapter:
(1) "Children," in relation to the awarding of a UCORE grant, means individuals who
are six years old or older and 18 years old or younger.
(2) "Director" means the director of the Division of Recreation.
(3) "Division" means the Division of Recreation.
(4) "Executive director" means the executive director of the Department of Natural
Resources.
(5) "UCORE grant" means a children's outdoor recreation and education grant
described in Section [
79-8-402
] 
79-8-302
.
(6) (a) "Underserved or underprivileged community" means a group of people,
including a municipality, county, or American Indian tribe, that is economically disadvantaged.
(b) "Underserved or underprivileged community" includes an economically
disadvantaged community where in relation to awarding a UCORE grant, the children of the
community, including children with disabilities, have limited access to outdoor recreation or
education programs.
Section 59. Section 
79-8-106
 is amended to read:
79-8-106.
Utah Outdoor Recreation Infrastructure Account -- Uses -- Costs.
(1) There is created an expendable special revenue fund known as the "Outdoor
Recreation Infrastructure Account," which[
;
]
:
(a) the outdoor recreation office shall use to fund the Outdoor Recreational
Infrastructure Grant Program created in Section 
63N-9-202
; and
(b) the division shall use to fund the Recreation Restoration Infrastructure Grant
Program created in Section 
79-8-202
.
(2) The account consists of:
(a) distributions to the account under Section 
59-28-103
;
(b) interest earned on the account;
(c) appropriations made by the Legislature;
(d) money from a cooperative agreement entered into with the United States
Department of Agriculture or the United States Department of the Interior; and
(e) private donations, grants, gifts, bequests, or money made available from any other
source to implement this part.
(3) The division shall, with the advice of the Utah Outdoor Recreation Grant Advisory
Committee created in Section 
79-8-105
, administer the account.
(4) (a) The cost of administering the account shall be paid from money in the account.
(b) The cost of two full-time positions in the Utah Office of Outdoor Recreation in an
amount agreed to by the division and the Utah Office of Outdoor Recreation shall be paid from
money in the account.
(5) Interest accrued from investment of money in the account shall remain in the
account.
Section 60. Section 
80-4-307
 is amended to read:
80-4-307.
Voluntary relinquishment -- Irrevocable.
(1) The individual consenting to termination of parental rights or voluntarily
relinquishing parental rights shall sign or confirm the consent or relinquishment under oath
before
:
(a) [
before
] a judge of any court that has jurisdiction over proceedings for termination
of parental rights in this state or any other state, or a public officer appointed by that court for
the purpose of taking consents or relinquishments; or
(b) except as provided in Subsection (2), any person authorized to take consents or
relinquishments under Subsections 
78B-6-124
(1) and (2).
(2) Only the juvenile court is authorized to take consents or relinquishments from a
parent who has any child who is in the custody of a state agency or who has a child who is
otherwise under the jurisdiction of the juvenile court.
(3) The court, appointed officer, or other authorized person shall certify to the best of
that person's information and belief that the individual executing the consent or relinquishment
has read and understands the consent or relinquishment and has signed the consent or
relinquishment freely and voluntarily.
(4) A voluntary relinquishment or consent for termination of parental rights is effective
when the voluntary relinquishment or consent is signed and may not be revoked.
(5) (a) The requirements and processes described in Section 
80-4-104
, Sections
80-4-301
 through 
80-4-304
, and Part 2, Petition for Termination of Parental Rights, do not
apply to a voluntary relinquishment or consent for termination of parental rights.
(b) When determining voluntary relinquishment or consent for termination of parental
rights, the juvenile court need only find that the relinquishment or termination is in the child's
best interest.
(6) (a) There is a presumption that voluntary relinquishment or consent for termination
of parental rights is not in the child's best interest where it appears to the juvenile court that the
primary purpose for relinquishment or consent for termination is to avoid a financial support
obligation.
(b) The presumption described in Subsection (6)(a) may be rebutted if the juvenile
court finds the relinquishment or consent to termination of parental rights will facilitate the
establishment of stability and permanency for the child.
(7) Upon granting a voluntary relinquishment the juvenile court may make orders
relating to the child's care and welfare that the juvenile court considers to be in the child's best
interest.