Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 201 (2023GS)

Sponsor

Rep. Schultz, M.

Final action

Governor Signed 3/14/2023

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• eliminating or correcting references involving repealed provisions;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: Mike Schultz
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill makes technical changes to provisions of the Utah Code.
Highlighted Provisions:
This bill:
▸ modifies 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• eliminating or correcting references involving repealed provisions;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:
10-2-419
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-9a-536
, as enacted by Laws of Utah 2022, Chapter 230
11-42b-103
, as enacted by Laws of Utah 2022, Chapter 376
11-59-202
, as last amended by Laws of Utah 2022, Chapters 207, 237
17-27a-532
, as enacted by Laws of Utah 2022, Chapter 230
17B-1-212
, as last amended by Laws of Utah 2022, Chapter 381
17D-4-301
, as last amended by Laws of Utah 2022, Chapter 207
19-2-104
, as last amended by Laws of Utah 2020, Chapter 354
26-69-201
, as enacted by Laws of Utah 2022, Chapter 224
26-69-402
, as renumbered and amended by Laws of Utah 2022, Chapter 224
31A-22-657
, as enacted by Laws of Utah 2022, Chapter 198
49-14-201
, as last amended by Laws of Utah 2022, Chapter 171
49-16-102
, as last amended by Laws of Utah 2022, Chapter 171
49-16-701
, as last amended by Laws of Utah 2011, Chapter 439
49-23-601
, as last amended by Laws of Utah 2012, Chapter 298
51-7-2
, as last amended by Laws of Utah 2022, Chapters 186, 298
52-4-103
, as last amended by Laws of Utah 2022, Chapter 422
57-8a-231
, as enacted by Laws of Utah 2022, Chapter 230
58-60-112
, as last amended by Laws of Utah 2022, Chapter 212
58-70b-302
, as enacted by Laws of Utah 2022, Chapter 284
62A-2-101
, as last amended by Laws of Utah 2022, Chapters 334, 468
63C-25-101
, as enacted by Laws of Utah 2022, Chapter 207 and last amended by
Coordination Clause, Laws of Utah 2022, Chapter 207
63I-1-236
, as last amended by Laws of Utah 2022, Chapters 175, 247
63I-1-263
, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
249, 274, 296, 313, 361, 362, 417, 419, and 472
63I-1-267
, as last amended by Laws of Utah 2022, Chapter 246
63I-2-217
, as last amended by Laws of Utah 2022, Chapter 123
63I-2-226
, as last amended by Laws of Utah 2022, Chapters 255, 365
63I-2-263
, as last amended by Laws of Utah 2022, Chapters 63, 209, 240, 242, 264,
354, and 435
63I-2-267
, as last amended by Laws of Utah 2021, Chapter 345
63I-2-279
, as last amended by Laws of Utah 2022, Chapter 68
63J-1-602.2
, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
242, and 447 and last amended by Coordination Clause, Laws of Utah 2022, Chapter 154
63N-6-103
, as last amended by Laws of Utah 2022, Chapter 298
71-8-2
, as last amended by Laws of Utah 2020, Chapter 409
75-2a-103
, as last amended by Laws of Utah 2022, Chapter 277
76-10-1602
, as last amended by Laws of Utah 2022, Chapters 181, 185
78A-7-202
, as last amended by Laws of Utah 2022, Chapter 276
78B-3-416
, as last amended by Laws of Utah 2022, Chapters 212, 356
78B-3-450
, as enacted by Laws of Utah 2022, Chapter 366
78B-3-454
, as enacted by Laws of Utah 2022, Chapter 366
78B-6-850
, as enacted by Laws of Utah 2022, Chapter 372
78B-7-1003
, as enacted by Laws of Utah 2022, Chapter 270
80-2-501
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-503
, as enacted by Laws of Utah 2022, Chapter 334
80-4-502
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-5-202
, as last amended by Laws of Utah 2022, Chapters 132, 203
80-6-802
, as last amended by Laws of Utah 2022, Chapter 155
RENUMBERS AND AMENDS:
9-23-203
, (Renumbered from 63N-10-202, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
REPEALS:
62A-4a-210
, as enacted by Laws of Utah 2014, Chapter 67
62A-4a-211
, as enacted by Laws of Utah 2014, Chapter 67
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-23-203
, which is renumbered from Section 63N-10-202 is
renumbered and amended to read:
[
63N-10-202
].
 9-23-203.
Commission powers and duties.
(1) The commission shall:
(a) purchase and use a seal;
(b) adopt rules for the administration of this chapter in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act;
(c) prepare all forms of contracts between sponsors, licensees, promoters, and
contestants; and
(d) hold hearings relating to matters under its jurisdiction, including violations of this
chapter or rules made under this chapter.
(2) The commission may subpoena witnesses, take evidence, and require the
production of books, papers, documents, records, contracts, recordings, tapes, correspondence,
or other information relevant to an investigation if the commission or its designee considers it
necessary.
Section 2. Section 
10-2-419
 is amended to read:
10-2-419.
Boundary adjustment -- Notice and hearing -- Protest.
(1) The legislative bodies of two or more municipalities having common boundaries
may adjust their common boundaries as provided in this section.
(2) The legislative body of each municipality intending to adjust a boundary that is
common with another municipality shall:
(a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
common boundary; and
(b) hold a public hearing on the proposed adjustment no less than 60 days after the
adoption of the resolution under Subsection (2)(a).
(3) A legislative body described in Subsection (2) shall provide notice of a public
hearing described in Subsection (2)(b):
(a) (i) at least three weeks before the day of the public hearing, by posting one notice,
and at least one additional notice per 2,000 population of the municipality, in places within the
municipality that are most likely to give notice to residents of the municipality, subject to a
maximum of 10 notices; or
(ii) at least three weeks before the day of the public hearing, by mailing notice to each
residence in the municipality;
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for three weeks before the day of the public hearing;
(c) if the proposed boundary adjustment may cause any part of real property owned by
the state to be within the geographic boundary of a different local governmental entity than
before the adjustment, by providing written notice, at least 50 days before the day of the public
hearing, to:
(i) the title holder of any state-owned real property described in this Subsection [
(3)(d)
]
(3)(c)
; and
(ii) the Utah State Developmental Center Board, created under Section 
62A-5-202.5
, if
any state-owned real property described in this Subsection [
(3)(d)
] 
(3)(c)
 is associated with the
Utah State Developmental Center; and
(d) if the municipality has a website, by posting notice on the municipality's website for
three weeks before the day of the public hearing.
(4) The notice described in Subsection (3) shall:
(a) state that the municipal legislative body has adopted a resolution indicating the
municipal legislative body's intent to adjust a boundary that the municipality has in common
with another municipality;
(b) describe the area proposed to be adjusted;
(c) state the date, time, and place of the public hearing described in Subsection (2)(b);
(d) state in conspicuous and plain terms that the municipal legislative body will adjust
the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
protest to the adjustment is filed by:
(i) an owner of private real property that:
(A) is located within the area proposed for adjustment;
(B) covers at least 25% of the total private land area within the area proposed for
adjustment; and
(C) is equal in value to at least 15% of the value of all private real property within the
area proposed for adjustment; or
(ii) a title holder of state-owned real property described in Subsection [
(3)(d)
] 
(3)(c)
;
(e) state that the area that is the subject of the boundary adjustment will, because of the
boundary adjustment, be automatically annexed to a local district providing fire protection,
paramedic, and emergency services or a local district providing law enforcement service, as the
case may be, as provided in Section 
17B-1-416
, if:
(i) the municipality to which the area is being added because of the boundary
adjustment is entirely within the boundaries of a local district:
(A) that provides fire protection, paramedic, and emergency services or law
enforcement service, respectively; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the municipality from which the area is being taken because of the boundary
adjustment is not within the boundaries of the local district; and
(f) state that the area proposed for annexation to the municipality will be automatically
withdrawn from a local district providing fire protection, paramedic, and emergency services,
as provided in Subsection 
17B-1-502
(2), if:
(i) the municipality to which the area is being added because of the boundary
adjustment is not within the boundaries of a local district:
(A) that provides fire protection, paramedic, and emergency services; and
(B) in the creation of which an election was not required because of Subsection
17B-1-214
(3)(c); and
(ii) the municipality from which the area is being taken because of the boundary
adjustment is entirely within the boundaries of the local district.
(5) Upon conclusion of the public hearing described in Subsection (2)(b), the
municipal legislative body may adopt an ordinance approving the adjustment of the common
boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
adjustment is filed with the city recorder or town clerk by a person described in Subsection
(3)(c)(i) or (ii).
(6) The municipal legislative body shall comply with the requirements of Section
10-2-425
 as if the boundary adjustment were an annexation.
(7) (a) An ordinance adopted under Subsection (5) becomes effective when each
municipality involved in the boundary adjustment has adopted an ordinance under Subsection
(5).
(b) The effective date of a boundary adjustment under this section is governed by
Section 
10-2-425
.
Section 3. Section 
10-9a-536
 is amended to read:
10-9a-536.
Water wise landscaping.
(1) As used in this section:
(a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
grasses.
(b) "Mulch" means material such as rock, bark, wood chips, or other materials left
loose and applied to the soil.
(c) "Overhead spray irrigation" means above ground irrigation heads that spray water
through a nozzle.
(d) (i) "Vegetative coverage" means the ground level surface area covered by the
exposed leaf area of a plant or group of plants at full maturity.
(ii) "Vegetative coverage" does not mean the ground level surface area covered by the
exposed leaf area of a tree or trees.
(e) "Water wise landscaping" means any or all of the following:
(i) installation of plant materials suited to the microclimate and soil conditions that
can:
(A) remain healthy with minimal irrigation once established; or
(B) be maintained without the use of overhead spray irrigation;
(ii) use of water for outdoor irrigation through proper and efficient irrigation design
and water application; or
(iii) use of other landscape design features that:
(A) minimize the need of the landscape for supplemental water from irrigation; or
(B) reduce the landscape area dedicated to lawn or turf.
(2) A municipality may not enact or enforce an ordinance, resolution, or policy that
prohibits, or has the effect of prohibiting, a property owner from incorporating water wise
landscaping on the property owner's property.
(3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit a municipality
from requiring a property owner to:
(i) comply with a site plan review or other review process before installing water wise
landscaping;
(ii) maintain plant material in a healthy condition; 
and
(iii) follow specific water wise landscaping design requirements adopted by the
municipality, including a requirement that:
(A) restricts or clarifies the use of mulches considered detrimental to municipal
operations;
(B) imposes minimum or maximum vegetative coverage standards; or
(C) restricts or prohibits the use of specific plant materials.
(b) A municipality may not require a property owner to install or keep in place lawn or
turf in an area with a width less than eight feet.
Section 4. Section 
11-42b-103
 is amended to read:
11-42b-103.
Petition to designate assessment area -- Requirements --
Management plan contents.
(1) The process for a specified county to designate an assessment area is initiated by
the filing of a petition with the legislative body of the specified county.
(2) A petition under Subsection (1) shall:
(a) include a proposed management plan that:
(i) describes:
(A) the boundaries and duration of the proposed assessment area;
(B) each benefitted property proposed to be assessed;
(C) the total estimated amount of assessment to be levied against all benefitted
properties for each year an assessment is levied;
(D) the method by which the proposed assessment is calculated;
(E) the beneficial activities to be paid by assessments for each year an assessment is
levied;
(F) the total estimated amount of assessment to be expended on beneficial activities for
each year an assessment is levied;
(G) the proposed source or sources of financing, including the proposed method and
basis of levying the assessment in sufficient detail to allow each owner of benefitted property
to calculate the amount of the assessment to be levied against the owner's benefitted property;
(H) any proposed benefit zones as described in Subsection 
11-42b-102
(2)(b)(ii); and
(I) the interest, penalties, and costs or other requirements of the proposed assessment;
(ii) establishes procedures for collecting the proposed assessment;
(iii) requires the legislative body to contract with a third party administrator to
implement the proposed beneficial activities within the assessment area; 
and
(iv) includes a statement regarding the right of a benefitted property to impose a
surcharge on guests of the benefitted property as provided in Subsection 
11-42b-102
(4); and
(b) be signed by a qualified number of owners.
Section 5. Section 
11-59-202
 is amended to read:
11-59-202.
Authority powers.
(1) The authority may:
(a) as provided in this chapter, plan, manage, and implement the development of the
point of the mountain state land, including the ongoing operation of facilities on the point of
the mountain state land;
(b) undertake, or engage a consultant to undertake, any study, effort, or activity the
board considers appropriate to assist or inform the board about any aspect of the proposed
development of the point of the mountain state land, including the best development model and
financial projections relevant to the authority's efforts to fulfill its duties and responsibilities
under this section and Section 
11-59-203
;
(c) sue and be sued;
(d) enter into contracts generally, including a contract for the sharing of records under
Section 
63G-2-206
;
(e) buy, obtain an option upon, or otherwise acquire any interest in real or personal
property, as necessary to accomplish the duties and responsibilities of the authority, including
an interest in real property, apart from point of the mountain state land, or personal property,
outside point of the mountain state land, for publicly owned infrastructure and improvements,
if the board considers the purchase, option, or other interest acquisition to be necessary for
fulfilling the authority's development objectives;
(f) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
personal property;
(g) enter into a lease agreement on real or personal property, either as lessee or lessor;
(h) provide for the development of the point of the mountain state land under one or
more contracts, including the development of publicly owned infrastructure and improvements
and other infrastructure and improvements on or related to the point of the mountain state land;
(i) exercise powers and perform functions under a contract, as authorized in the
contract;
(j) 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;
(k) 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;
(l) subject to Subsection (2), 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;
(m) hire employees, including contract employees, in addition to or in place of staff
provided under Section 
11-59-304
;
(n) transact other business and exercise all other powers provided for in this chapter;
(o) enter into a development agreement with a developer of some or all of the point of
the mountain state land;
(p) 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;
(q) exercise powers and perform functions that the authority is authorized by statute to
exercise or perform;
(r) enter into one or more interlocal agreements under Title 11, Chapter 13, Interlocal
Cooperation Act, with one or more local government entities for the delivery of services to the
point of the mountain state land;
(s) enter into an agreement with the federal government or an agency of the federal
government, as the board considers necessary or advisable, to enable or assist the authority to
exercise its powers or fulfill its duties and responsibilities under this chapter;
(t) provide funding for the development of publicly owned infrastructure and
improvements or other infrastructure and improvements on or related to the point of the
mountain state land; and
(u) impose impact fees under Title 11, Chapter 36a, Impact Fees Act, and other fees
related to development activities.
(2) The authority may not issue bonds under this part unless the board first:
(a) adopts a parameters resolution for the bonds that sets forth:
(i) the maximum:
(A) amount of bonds;
(B) term; and
(C) interest rate; and
(ii) the expected security for the bonds; and
(b) submits the parameters resolution for review and recommendation to the State
Finance Review Commission created in Section [
63C-25-101
] 
63C-25-201
.
(3) No later than 60 days after the closing day of any bonds, the authority shall report
the bonds issuance, including the amount of the bonds, terms, interest rate, and security, to:
(a) the Executive Appropriations Committee; and
(b) the State Finance Review Commission created in Section 
63C-25-201
. 
Section 6. Section 
17-27a-532
 is amended to read:
17-27a-532.
Water wise landscaping.
(1) As used in this section:
(a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
grasses.
(b) "Mulch" means material such as rock, bark, wood chips, or other materials left
loose and applied to the soil.
(c) "Overhead spray irrigation" means above ground irrigation heads that spray water
through a nozzle.
(d) (i) "Vegetative coverage" means the ground level surface area covered by the
exposed leaf area of a plant or group of plants at full maturity.
(ii) "Vegetative coverage" does not mean the ground level surface area covered by the
exposed leaf area of a tree or trees.
(e) "Water wise landscaping" means any or all of the following:
(i) installation of plant materials suited to the microclimate and soil conditions that
can:
(A) remain healthy with minimal irrigation once established; or
(B) be maintained without the use of overhead spray irrigation;
(ii) use of water for outdoor irrigation through proper and efficient irrigation design
and water application; or
(iii) the use of other landscape design features that:
(A) minimize the need of the landscape for supplemental water from irrigation; or
(B) reduce the landscape area dedicated to lawn or turf.
(2) A county may not enact or enforce an ordinance, resolution, or policy that prohibits,
or has the effect of prohibiting, a property owner from incorporating water wise landscaping on
the property owner's property.
(3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit a county from
requiring a property owner to:
(i) comply with a site plan review or other review process before installing water wise
landscaping;
(ii) maintain plant material in a healthy condition; 
and
(iii) follow specific water wise landscaping design requirements adopted by the county,
including a requirement that:
(A) restricts or clarifies the use of mulches considered detrimental to county
operations;
(B) imposes minimum or maximum vegetative coverage standards; or
(C) restricts or prohibits the use of specific plant materials.
(b) A county may not require a property owner to install or keep in place lawn or turf in
an area with a width less than eight feet.
Section 7. Section 
17B-1-212
 is amended to read:
17B-1-212.
Resolution indicating whether the requested service will be provided.
(1) (a) Within 60 days after the last hearing required under Section 
17B-1-210
concerning a request, the legislative body of each county whose unincorporated area includes
and the legislative body of each municipality whose boundaries include any part of the
proposed local district shall adopt a resolution indicating whether the county or municipality
will provide to the area of the proposed local district within its boundaries the service proposed
to be provided by the proposed local district.
(b) If a county or municipality adopts a resolution indicating that the county or
municipality will provide the service proposed to be provided by the proposed local district
under Subsection (1)(a), the resolution shall include a reasonable timeline for the county or
municipality to begin providing the service.
(2) If the legislative body of a county or municipality fails to adopt a resolution within
the time provided under Subsection (1), the county or municipal legislative body shall be
considered to have declined to provide the service requested and to have consented to the
creation of the local district.
(3) If the county or municipality adopts a resolution under Subsection (1) indicating
that it will provide the requested service but does not, within 120 days after the adoption of that
resolution, take substantial measures to provide the requested service, the county or municipal
legislative body shall be considered to have declined to provide the requested service.
(4) Each county or municipality that adopts a resolution under Subsection (1)
indicating that it will provide the requested service:
(a) shall diligently proceed to take all measures necessary to provide the service; and
(b) if the county or municipality fails to timely provide the requested service, the
county 
or municipality
 will be considered to have declined to provide the service and the
creation of the local district may proceed accordingly.
Section 8. Section 
17D-4-301
 is amended to read:
17D-4-301.
Public infrastructure district bonds.
(1) (a) Subject to Subsection (1)(b), a public infrastructure district may issue negotiable
bonds for the purposes described in Section 
17D-4-203
, as provided in, as applicable:
(i) Title 11, Chapter 14, Local Government Bonding Act;
(ii) Title 11, Chapter 27, Utah Refunding Bond Act;
(iii) Title 11, Chapter 42, Assessment Area Act; and
(iv) this section.
(b) A public infrastructure district created by a bonding political subdivision, as
defined in Section 
63C-25-101
, may not issue bonds under this part unless the board first:
(i) adopts a parameters resolution for the bonds that sets forth:
(A) the maximum:
(I) amount of bonds;
(II) term; and
(III) interest rate; and
(B) the expected security for the bonds; and
(ii) submits the parameters resolution for review and recommendation to the State
Finance Review Commission created in Section 
63C-25-201
.
(2) A public infrastructure district bond:
(a) shall mature within 40 years of the date of issuance; and
(b) may not be secured by any improvement or facility paid for by the public
infrastructure district.
(3) (a) A public infrastructure district may issue a limited tax bond, in the same manner
as a general obligation bond:
(i) with the consent of 100% of surface property owners within the boundaries of the
public infrastructure district and 100% of the registered voters, if any, within the boundaries of
the proposed public infrastructure district; or
(ii) upon approval of a majority of the registered voters within the boundaries of the
public infrastructure district voting in an election held for that purpose under Title 11, Chapter
14, Local Government Bonding Act.
(b) A limited tax bond described in Subsection (3)(a):
(i) is not subject to the limitation on a general obligation bond described in Subsection
17B-1-1102
(4)(a)(xii); and
(ii) is subject to a limitation, if any, on the principal amount of indebtedness as
described in the governing document.
(c) Unless limited tax bonds are initially purchased exclusively by one or more
qualified institutional buyers as defined in Rule 144A, 17 C.F.R. Sec. 230.144A, the public
infrastructure district may only issue limited tax bonds in denominations of not less than
$500,000, and in integral multiples above $500,000 of not less than $1,000 each.
(d) (i) Without any further election or consent of property owners or registered voters,
a public infrastructure district may convert a limited tax bond described in Subsection (3)(a) to
a general obligation bond if the principal amount of the related limited tax bond together with
the principal amount of other related outstanding general obligation bonds of the public
infrastructure district does not exceed 15% of the fair market value of taxable property in the
public infrastructure district securing the general obligation bonds, determined by:
(A) an appraisal from an appraiser who is a member of the Appraisal Institute that is
addressed to the public infrastructure district or a financial institution; or
(B) the most recent market value of the property from the assessor of the county in
which the property is located.
(ii) The consent to the issuance of a limited tax bond described in Subsection (3)(a) is
sufficient to meet any statutory or constitutional election requirement necessary for the
issuance of the limited tax bond and any general obligation bond to be issued in place of the
limited tax bond upon meeting the requirements of this Subsection (3)(d).
(iii) A general obligation bond resulting from a conversion of a limited tax bond under
this Subsection (3)(d) is not subject to the limitation on general obligation bonds described in
Subsection 
17B-1-1102
(4)(a)(xii).
(e) A public infrastructure district that levies a property tax for payment of debt service
on a limited tax bond issued under this section is not required to comply with the notice and
hearing requirements of Section 
59-2-919
 unless the rate exceeds the rate established in:
(i) Section 
17D-4-303
, except as provided in Subsection (8);
(ii) the governing document; or
(iii) the documents relating to the issuance of the limited tax bond.
(4) There is no limitation on the duration of revenues that a public infrastructure
district may receive to cover any shortfall in the payment of principal of and interest on a bond
that the public infrastructure district issues.
(5) A public infrastructure district is not a municipal corporation for purposes of the
debt limitation of Utah Constitution, Article XIV, Section 4.
(6) The board may, by resolution, delegate to one or more officers of the public
infrastructure district the authority to:
(a) in accordance and within the parameters set forth in a resolution adopted in
accordance with Section 
11-14-302
, approve the final interest rate, price, principal amount,
maturity, redemption features, and other terms of the bond;
(b) approve and execute any document relating to the issuance of a bond; and
(c) approve any contract related to the acquisition and construction of the
improvements, facilities, or property to be financed with a bond.
(7) (a) Any person may contest the legality of the issuance of a public infrastructure
district bond or any provisions for the security and payment of the bond for a period of 30 days
after:
(i) publication of the resolution authorizing the bond; or
(ii) publication of a notice of bond containing substantially the items required under
Subsection 
11-14-316
(2).
(b) After the 30-day period described in Subsection (7)(a), no person may bring a
lawsuit or other proceeding contesting the regularity, formality, or legality of the bond for any
reason.
(8) (a) In the event of any statutory change in the methodology of assessment or
collection of property taxes in a manner that reduces the amounts which are devoted or pledged
to the repayment of limited tax bonds, a public infrastructure district may charge a rate
sufficient to receive the amount of property taxes or assessment the public infrastructure
district would have received before the statutory change in order to pay the debt service on
outstanding limited tax bonds.
(b) The rate increase described in Subsection (8)(a) may exceed the limit described in
Section 
17D-4-303
.
(c) The public infrastructure district may charge the rate increase described in
Subsection (8)(a) until the bonds, including any associated refunding bonds, or other securities,
together with applicable interest, are fully met and discharged.
(9) No later than 60 days after the closing of any bonds by a public infrastructure
district created by a bonding political subdivision, as defined in Section 
63C-25-101
, the public
infrastructure district shall report the bond issuance, including the amount of the bonds, terms,
interest rate, and security, to:
(a) the Executive Appropriations Committee; and
(b) the State Finance Review Commission created in Section [
63C-25-101
]
63C-25-201
.
Section 9. Section 
19-2-104
 is amended to read:
19-2-104.
Powers of board.
(1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a) regarding the control, abatement, and prevention of air pollution from all sources
and the establishment of the maximum quantity of air pollutants that may be emitted by an air
pollutant source;
(b) establishing air quality standards;
(c) requiring persons engaged in operations that result in air pollution to:
(i) install, maintain, and use emission monitoring devices, as the board finds necessary;
(ii) file periodic reports containing information relating to the rate, period of emission,
and composition of the air pollutant; and
(iii) provide access to records relating to emissions which cause or contribute to air
pollution;
(d) (i) implementing:
(A) Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
Response, 15 U.S.C. 2601 et seq.;
(B) 40 C.F.R. Part 763, Asbestos; and
(C) 40 C.F.R. Part 61, National Emission Standards for Hazardous Air Pollutants,
Subpart M, National Emission Standard for Asbestos; and
(ii) reviewing and approving asbestos management plans submitted by local education
agencies under the Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
Response, 15 U.S.C. 2601 et seq.;
(e) establishing a requirement for a diesel emission opacity inspection and maintenance
program for diesel-powered motor vehicles;
(f) implementing an operating permit program as required by and in conformity with
Titles IV and V of the federal Clean Air Act Amendments of 1990;
(g) establishing requirements for county emissions inspection and maintenance
programs after obtaining agreement from the counties that would be affected by the
requirements;
(h) with the approval of the governor, implementing in air quality nonattainment areas
employer-based trip reduction programs applicable to businesses having more than 100
employees at a single location and applicable to federal, state, and local governments to the
extent necessary to attain and maintain ambient air quality standards consistent with the state
implementation plan and federal requirements under the standards set forth in Subsection (2);
(i) implementing lead-based paint training, certification, and performance requirements
in accordance with 15 U.S.C. 2601 et seq., Toxic Substances Control Act, Subchapter IV --
Lead Exposure Reduction, Sections 402 and 406; and
(j) to implement the requirements of Section 
19-2-107.5
.
(2) When implementing Subsection (1)(h) the board shall take into consideration:
(a) the impact of the business on overall air quality; and
(b) the need of the business to use automobiles in order to carry out its business
purposes.
(3) (a) The board may:
(i) hold a hearing that is not an adjudicative proceeding relating to any aspect of, or
matter in, the administration of this chapter;
(ii) recommend that the director:
(A) issue orders necessary to enforce the provisions of this chapter;
(B) enforce the orders by appropriate administrative and judicial proceedings;
(C) institute judicial proceedings to secure compliance with this chapter; or
(D) advise, consult, contract, and cooperate with other agencies of the state, local
governments, industries, other states, interstate or interlocal agencies, the federal government,
or interested persons or groups; and
(iii) establish certification requirements for asbestos project monitors, which shall
provide for experience-based certification of a person who:
(A) receives relevant asbestos training, as defined by rule; and
(B) has acquired a minimum of 1,000 hours of asbestos project monitoring related
work experience.
(b) The board shall:
(i) to ensure compliance with applicable statutes and regulations:
(A) review a settlement negotiated by the director in accordance with Subsection
19-2-107
(2)(b)(viii) that requires a civil penalty of $25,000 or more; and
(B) approve or disapprove the settlement;
(ii) encourage voluntary cooperation by persons and affected groups to achieve the
purposes of this chapter;
(iii) meet the requirements of federal air pollution laws;
(iv) by rule 
made
 in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, establish work practice and certification requirements for persons who:
(A) contract for hire to conduct demolition, renovation, salvage, encapsulation work
involving friable asbestos-containing materials, or asbestos inspections if:
(I) the contract work is done on a site other than a residential property with four or
fewer units; or
(II) the contract work is done on a residential property with four or fewer units where a
tested sample contained greater than 1% of asbestos;
(B) conduct work described in Subsection (3)(b)(iv)(A) in areas to which the general
public has unrestrained access or in school buildings that are subject to the federal Asbestos
Hazard Emergency Response Act of 1986;
(C) conduct asbestos inspections in facilities subject to 15 U.S.C. 2601 et seq., Toxic
Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or
(D) conduct lead-based paint inspections in facilities subject to 15 U.S.C. 2601 et seq.,
Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction;
(v) establish certification requirements for a person required under 15 U.S.C. 2601 et
seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to
be accredited as an inspector, management planner, abatement project designer, asbestos
abatement contractor and supervisor, or an asbestos abatement worker;
(vi) establish certification requirements for a person required under 15 U.S.C. 2601 et
seq., Toxic Control Act, Subchapter IV - Lead Exposure Reduction, to be accredited as an
inspector, risk assessor, supervisor, project designer, abatement worker, renovator, or dust
sampling technician; and
(vii) assist the State Board of Education in adopting school bus idling reduction
standards and implementing an idling reduction program in accordance with Section
41-6a-1308
.
(4) A rule adopted under this chapter shall be consistent with provisions of federal
laws, if any, relating to control of motor vehicles or motor vehicle emissions.
(5) Nothing in this chapter authorizes the board to require installation of or payment for
any monitoring equipment by the owner or operator of a source if the owner or operator has
installed or is operating monitoring equipment that is equivalent to equipment which the board
would require under this section.
(6) (a) The board may not require testing for asbestos or related materials on a
residential property with four or fewer units, unless:
(i) the property's construction was completed before January 1, 1981; or
(ii) the testing is for:
(A) a sprayed-on or painted on ceiling treatment that contained or may contain asbestos
fiber;
(B) asbestos cement siding or roofing materials;
(C) resilient flooring products including vinyl asbestos tile, sheet vinyl products,
resilient flooring backing material, whether attached or unattached, and mastic;
(D) thermal-system insulation or tape on a duct or furnace; or
(E) vermiculite type insulation materials.
(b) A residential property with four or fewer units is subject to an abatement rule made
under Subsection (1) or (3)(b)(iv) if:
(i) a sample from the property is tested for asbestos; and
(ii) the sample contains asbestos measuring greater than 1%.
(7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
following that are subject to the authority granted to the director under Section 
19-2-107
 or
19-2-108
:
(a) a permit;
(b) a license;
(c) a registration;
(d) a certification; or
(e) another administrative authorization made by the director.
(8) A board member may not speak or act for the board unless the board member is
authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
(9) Notwithstanding Subsection (7), the board may exercise all authority granted to the
board by a federally enforceable state implementation plan.
Section 10. Section 
26-69-201
 is amended to read:
26-69-201.
Utah Health Workforce Advisory Council creation and membership.
(1) There is created within the department the Utah Health Workforce Advisory
Council.
(2) The council shall be comprised of at least 14 but not more than 19 members.
(3) The following are members of the council:
(a) the executive director or that individual's designee;
(b) the executive director of the Department of Workforce Services or that individual's
designee;
(c) the commissioner of higher education of the Utah System of Higher Education or
that individual's designee;
(d) the state superintendent of the State Board of Education or that individual's
designee;
(e) the executive director of the Department of Commerce or that individual's designee;
(f) the director of the Division of Multicultural Affairs or that individual's designee;
(g) the director of the Utah Substance Use and Mental 
Health
 Advisory Council or that
individual's designee;
(h) the chair of the Utah Indian Health Advisory Board; and
(i) the chair of the Utah Medical Education Council created in Section 
26-69-402
.
(4) The executive director shall appoint at least five but not more than ten additional
members that represent diverse perspectives regarding Utah's health workforce.
(5) (a) A member appointed by the executive director under Subsection (4) shall serve
a four-year term.
(b) Notwithstanding Subsection (5)(a) for the initial appointments of members
described in Subsection (4) the executive director shall appoint at least three but not more than
five members to a two-year appointment to ensure that approximately half of the members
appointed by the executive director rotate every two years.
(6) The executive director or the executive director's designee shall chair the council.
Section 11. Section 
26-69-402
 is amended to read:
26-69-402.
Utah Medical Education Council.
(1) (a) There is created the Utah Medical Education Council, which is a subcommittee
of the Utah Health Workforce Advisory Council.
(b) The membership of UMEC shall consist of the following appointed by the
governor:
(i) the dean of the school of medicine at the University of Utah;
(ii) an individual who represents graduate medical education at the University of Utah;
(iii) an individual from each institution, other than the University of Utah, that
sponsors an accredited clinical education program;
(iv) an individual from the health care insurance industry; and
(v) (A) three members of the general public who are not employed by or affiliated with
any institution that offers, sponsors, or finances health care or medical education; and
(B) if the number of individuals appointed under Subsection (1)(b)(iii) is more than
two, the governor may appoint an additional member of the public under this Subsection
(1)(b)(v) for each individual the governor appoints under Subsection (1)(b)(iii) beyond two.
(2) Except as provided in Subsections (1)(b)(i) and (ii), no two [
council
] 
UMEC
members may be employed by or affiliated with the same:
(a) institution of higher education;
(b) state agency outside of higher education; or
(c) private entity.
(3) The dean of the school of medicine at the University of Utah:
(a) shall chair UMEC;
(b) may not be counted in determining the existence of a quorum; and
(c) may only cast a vote on a matter before the council if the vote of the other council
members results in a tied vote.
(4) UMEC shall annually elect a vice chair from UMEC's members.
(5) (a) Consistent with Subsection (6)(b), a majority of the members constitute a
quorum.
(b) The action of a majority of a quorum is the action of UMEC.
(6) (a) Except as provided in Subsection (6)(b), members are appointed to four-year
terms of office.
(b) Notwithstanding Subsection (6)(a), the governor shall, at the time of the initial
appointment, adjust the length of terms to ensure that the terms of [
council
] 
UMEC
 members
are staggered so that approximately half of the members are appointed every two years.
(c) If a vacancy occurs in the membership for any reason, the replacement shall be
appointed by the governor for the unexpired term in the same manner as the original
appointment was made.
(7) 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
.
(8) The council shall provide staff for UMEC.
Section 12. Section 
31A-22-657
 is amended to read:
31A-22-657.
Application of health insurance mandates.
(1) As used in this section:
(a) "Cost-sharing mandate" means a statutory requirement limiting a cost-sharing
requirement.
[
(a)
] 
(b)
 "Cost-sharing requirement" means a copayment, coinsurance, or deductible
required by or on behalf of an enrollee in order to receive a benefit under a qualified
high-deductible health plan.
[
(b)
] 
(c)
 "Health savings account" means the same as that term is defined in 26 U.S.C.
Sec. 223(d)(1).
[
(c)
] 
(d)
 "Qualified high-deductible health plan" means a high-deductible health plan as
defined in 26 U.S.C. Sec. 223(c)(2)(A) that is used in conjunction with a health savings
account.
[
(d) "Cost-sharing mandate" means a statutory requirement limiting a cost-sharing
requirement.
]
(2) (a) Except as provided in Subsection (2)(b), if under federal law, a cost-sharing
mandate would result in an enrollee becoming ineligible for a health savings account, the
cost-sharing mandate applies only to the enrollee's qualified high-deductible health plan after
the enrollee satisfies the enrollee's health plan deductible.
(b) Subsection (2)(a) does not apply to an item or service that is preventive care under
26 U.S.C. Sec. 223(c)(2)(C).
Section 13. Section 
49-14-201
 is amended to read:
49-14-201.
System membership -- Eligibility.
(1) Except as provided in Section 
49-15-201
, a public safety service employee of a
participating employer participating in this system is eligible for service credit in this system at
the earliest of:
(a) July 1, 1969, if the public safety service employee was employed by the
participating employer on July 1, 1969, and the participating employer was participating in this
system on that date;
(b) the date the participating employer begins participating in this system if the public
safety service employee was employed by the participating employer on that date; or
(c) the date the public safety service employee is employed by the participating
employer and is eligible to perform public safety service, except that a public safety service
employee initially entering employment with a participating employer on or after July 1, 2011,
who does not have service credit accrued before July 1, 2011, in a Tier I system or plan
administered by the board, may not participate in this system.
(2) (a) (i) A participating employer that has public safety service and firefighter service
employees that require cross-training and duty shall enroll those dual purpose employees in the
system in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighter
service employees of the participating employer.
(b) (i) Before transferring a dual purpose employee from one system to another, the
participating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(3) The board may combine or segregate the actuarial experience of participating
employers in this system for the purpose of setting contribution rates.
(4) (a) (i) Each participating employer participating in this system shall annually
submit to the office a schedule indicating the positions to be covered under this system in
accordance with this chapter.
(ii) The office may require documentation to justify the inclusion of any position under
this system.
(b) If there is a dispute between the office and a participating employer or employee
over any position to be covered, the disputed position shall be submitted to the Peace Officer
Standards and Training Council established under Section 
53-6-106
 for determination.
(c) (i) The Peace Officer Standards and Training Council's authority to decide
eligibility for public safety service credit is limited to claims for coverage under this system for
time periods after July 1, 1989.
(ii) A decision of the Peace Officer Standards and Training Council may not be applied
to service credit earned in another system before July 1, 1989.
(iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer
Standards and Training Council granting a position coverage under this system may only be
applied prospectively from the date of that decision.
(iv) A decision of the Peace Officer Standards and Training Council granting a position
coverage under this system may be applied retroactively only if:
(A) the participating employer covered other similarly situated positions under this
system during the time period in question; and
(B) the position otherwise meets all eligibility requirements for receiving service credit
in this system during the period for which service credit is to be granted.
(5) The Peace Officer Standards and Training Council may use a subcommittee to
provide a recommendation to the council in determining disputes between the office and a
participating employer or employee over a position to be covered under this system.
(6) The Peace Officer Standards and Training Council shall comply with Title 63G,
Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
(7) A public safety 
service
 employee who is transferred or promoted to an
administration position requiring the performance of duties that consist primarily of
management or supervision of public safety service employees shall continue to earn public
safety service credit in this system during the period in which the employee remains employed
in the same department.
(8) An employee of the Department of Corrections shall continue to earn public safety
service credit in this system if:
(a) the employee's position is no longer covered under this system for new employees
hired on or after July 1, 2015; and
(b) the employee:
(i) remains employed by the Department of Corrections;
(ii) meets the eligibility requirements of this system;
(iii) was hired into a position covered by this system before July 1, 2015; and
(iv) has not had a break in service on or after July 1, 2015.
(9) An employee who is reassigned to the Division of Technology Services or to the
Division of Human Resource Management, and who was a member of this system, is entitled
to remain a member of this system.
(10) (a) To determine that a position is covered under this system, the office and, if a
coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
position requires the employee to:
(i) except for a dispatcher, place the employee's life or personal safety at risk; and
(ii) complete training as provided in Section 
53-6-303
, 
53-13-103
, 
53-13-104
, or
53-13-105
.
(b) If a position satisfies the requirements of Subsection (10)(a), the office and the
Peace Officer Standards and Training Council shall consider whether or not the position
requires the employee to:
(i) perform duties that consist primarily of actively preventing or detecting crime and
enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
(ii) perform duties that consist primarily of providing community protection; and
(iii) respond to situations involving threats to public safety and make emergency
decisions affecting the lives and health of others.
(11) If a subcommittee is used to recommend the determination of disputes to the
Peace Officer Standards and Training Council, the subcommittee shall comply with the
requirements of Subsection (10) in making the subcommittee's recommendation.
(12) A final order of the Peace Officer Standards and Training Council regarding a
dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
Procedures Act.
(13) Except as provided under Subsection (14), if a participating employer's public
safety service employees are not covered by this system or under Chapter 15, Public Safety
Noncontributory Retirement Act, as of January 1, 1998, those public safety service employees
who may otherwise qualify for membership in this system shall, at the discretion of the
participating employer, remain in their current retirement system.
(14) (a) A public safety service employee employed by an airport police department,
which elects to cover the airport police department's public safety service employees under the
Public Safety Noncontributory Retirement System under Subsection (13), may elect to remain
in the public safety service employee's current retirement system.
(b) The public safety service employee's election to remain in the current retirement
system under Subsection (14)(a):
(i) shall be made at the time the employer elects to move the employer's public safety
service employees to a public safety retirement system;
(ii) documented by written notice to the participating employer; and
(iii) is irrevocable.
(15) (a) Subject to Subsection (16), beginning July 1, 2015, a public safety service
employee who is a dispatcher employed by:
(i) the state shall be eligible for service credit in this system; and
(ii) a participating employer other than the state shall be eligible for service credit in
this system if the dispatcher's participating employer elects to cover the participating
employer's dispatchers under this system.
(b) A participating employer's election to cover the participating employer's dispatchers
under this system under Subsection (15)(a)(ii) is irrevocable and shall be documented by a
resolution adopted by the governing body of the participating employer in accordance with
rules made by the office.
(c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
of a participating employer under Subsection (15)(b), is not eligible for service credit in this
system.
(16) Notwithstanding any other provision of this section, a person initially entering
employment with a participating employer on or after July 1, 2011, who does not have service
credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
not participate in this system.
Section 14. Section 
49-16-102
 is amended to read:
49-16-102.
Definitions.
As used in this chapter:
(1) (a) "Compensation" means the total amount of payments that are includable as
gross income received by a firefighter service employee as base income for the regularly
scheduled work period. The participating employer shall establish the regularly scheduled
work period. Base income shall be determined prior to the deduction of member contributions
or any amounts the firefighter service employee authorizes to be deducted for salary deferral or
other benefits authorized by federal law.
(b) "Compensation" includes performance-based bonuses and cost-of-living
adjustments.
(c) "Compensation" does not include:
(i) overtime;
(ii) sick pay incentives;
(iii) retirement pay incentives;
(iv) remuneration paid in kind such as a residence, use of equipment, uniforms, travel,
or similar payments;
(v) a lump-sum payment or special payments covering accumulated leave; and
(vi) all contributions made by a participating employer under this system or under any
other employee benefit system or plan maintained by a participating employer for the benefit of
a member or participant.
(d) "Compensation" for purposes of this chapter may not exceed the amount allowed
under Section 401(a)(17), Internal Revenue Code.
(2) (a) "Disability" means the complete inability, due to objective medical impairment,
whether physical or mental, to perform firefighter service.
(b) "Disability" does not include the inability to meet an employer's required standards
or tests relating to fitness, physical ability, or agility that is not a result of a disability as defined
under Subsection (2)(a).
(3) (a) "Final average salary" means the amount calculated by averaging the highest
three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), and
(d).
(b) Except as provided in Subsection (3)(c), the percentage increase in annual
compensation in any one of the years used may not exceed the previous year's compensation by
more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
of the dollar during the previous year, as measured by a United States Bureau of Labor
Statistics Consumer Price Index average as determined by the board.
(c) In cases where the participating employer provides acceptable documentation to the
office the limitation in Subsection [
(3)(a)
] 
(3)(b)
 may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(d) The annual compensation used to calculate final average salary shall be based on a
period, as determined by the board, consistent with the period used to determine years of
service credit in accordance with Subsection (13).
(4) (a) "Firefighter service" means employment normally requiring an average of 2,080
hours of regularly scheduled employment per year rendered by a member who is:
(i) a firefighter service employee trained in firefighter techniques and assigned to a
position of hazardous duty with a regularly constituted fire department; or
(ii) the state fire marshal appointed under Section 
53-7-103
 or a deputy state fire
marshal.
(b) "Firefighter service" does not include secretarial staff or other similar employees.
(5) (a) "Firefighter service employee" means an employee of a participating employer
who provides firefighter service under this chapter.
(b) "Firefighter service employee" does not include an employee of a regularly
constituted fire department who does not perform firefighter service.
(6) (a) "Line-of-duty death or disability" means a death or disability resulting from:
(i) external force, violence, or disease directly resulting from firefighter service; or
(ii) strenuous activity, including a heart attack or stroke, that occurs during strenuous
training or another strenuous activity required as an act of duty as a firefighter service
employee.
(b) "Line-of-duty death or disability" does not include a death or disability that:
(i) occurs during an activity that is required as an act of duty as a firefighter service
employee if the activity is not a strenuous activity, including an activity that is clerical,
administrative, or of a nonmanual nature;
(ii) occurs during the commission of a crime committed by the employee;
(iii) occurs when the employee's intoxication or use of alcohol or drugs, whether
prescribed or nonprescribed, contributes to the employee's death or disability; or
(iv) occurs in a manner other than as described in Subsection (6)(a).
(c) "Line-of-duty death or disability" includes the death or disability of a paid
firefighter resulting from heart disease, lung disease, or a respiratory tract condition if the paid
firefighter has five years of firefighter service credit.
(7) "Objective medical impairment" means an impairment resulting from an injury or
illness that is diagnosed by a physician or physician assistant and that is based on accepted
objective medical tests or findings rather than subjective complaints.
(8) "Participating employer" means an employer that meets the participation
requirements of Section 
49-16-201
.
(9) "Regularly constituted fire department" means a fire department that employs a fire
chief who performs firefighter service for at least 2,080 hours of regularly scheduled paid
employment per year.
(10) (a) "Strenuous activity" means engagement involving a difficult, stressful, or
vigorous fire suppression, rescue, hazardous material response, emergency medical service,
physical law enforcement, prison security, disaster relief, or other emergency response activity.
(b) "Strenuous activity" includes participating in a participating employer sanctioned
and funded training exercise that involves difficult, stressful, or vigorous physical activity.
(11) "System" means the Firefighters' Retirement System created under this chapter.
(12) (a) "Volunteer firefighter" means any individual who is not regularly employed as
a firefighter service employee, but who:
(i) has been trained in firefighter techniques and skills;
(ii) continues to receive regular firefighter training; and
(iii) is on the rolls of a legally organized volunteer fire department that provides
ongoing training and serves a political subdivision of the state.
(b) "Volunteer firefighter" does not include an individual who volunteers assistance but
does not meet the requirements of Subsection (12)(a).
(13) "Years of service credit" means the number of periods, each to consist of 12 full
months as determined by the board, whether consecutive or not, during which a firefighter
service employee was employed by a participating employer or received full-time pay while on
sick leave, including any time the firefighter service employee was absent in the service of the
United States on military duty.
Section 15. Section 
49-16-701
 is amended to read:
49-16-701.
Volunteer firefighters eligible for line-of-duty death and disability
benefits in Division A -- Computation of benefit.
(1) A volunteer firefighter is only eligible for line-of-duty death and line-of-duty
disability benefits provided for firefighters enrolled in Division A, subject to Sections
49-16-602
 and 
49-16-603
.
(2) The lowest monthly compensation of firefighters of a city of the first class in this
state at the time of death or disability shall be considered to be the final average monthly salary
of a volunteer firefighter for purposes of computing these benefits.
(3) Each volunteer fire department shall maintain a current roll of all volunteer
firefighters which meet the requirements of Subsection [
49-16-102
(11)
] 
49-16-102
(12)
 to
determine eligibility for this benefit.
Section 16. Section 
49-23-601
 is amended to read:
49-23-601.
Long-term disability coverage.
(1) A participating employer shall cover a public safety 
service
 employee who initially
enters employment on or after July 1, 2011, under Chapter 21, Public Employees' Long-Term
Disability Act, or a substantially similar long-term disability program.
(2) (a) A participating employer shall cover a firefighter employee who initially enters
employment on or after July 1, 2011, under Chapter 21, Public Employees' Long-Term
Disability Act.
(b) In accordance with this section, a participating employer shall provide long-term
disability benefit coverage for a volunteer firefighter as provided under Section 
49-16-701
.
(c) The office shall ensure that the cost of the long-term disability benefit coverage
provided under Subsections (2)(a) and (b) is funded with revenue received under Section
49-11-901.5
.
Section 17. Section 
51-7-2
 is amended to read:
51-7-2.
Exemptions from chapter.
The following funds are exempt from this chapter:
(1) funds invested in accordance with the participating employees' designation or
direction pursuant to a public employees' deferred compensation plan established and operated
in compliance with Section 457 of the Internal Revenue Code of 1986, as amended;
(2) funds of the Utah State Retirement Board;
(3) funds of the Utah Housing Corporation;
(4) endowment funds of higher education institutions, including funds of the Higher
Education Student Success Endowment, created in Section [
53B-7-801
] 
53B-7-802
;
(5) permanent and other land grant trust funds established pursuant to the Utah
Enabling Act and the Utah Constitution;
(6) the State Post-Retirement Benefits Trust Fund;
(7) the funds of the Utah Educational Savings Plan;
(8) funds of the permanent state trust fund created by and operated under Utah
Constitution, Article XXII, Section 4;
(9) the funds in the Navajo Trust Fund;
(10) the funds in the Radioactive Waste Perpetual Care and Maintenance Account;
(11) the funds in the Employers' Reinsurance Fund;
(12) the funds in the Uninsured Employers' Fund;
(13) the Utah State Developmental Center Long-Term Sustainability Fund, created in
Section 
62A-5-206.7
;
(14) the funds in the Risk Management Fund created in Section 
63A-4-201
; and
(15) the Utah fund of funds created in Section 
63N-6-401
.
Section 18. Section 
52-4-103
 is amended to read:
52-4-103.
Definitions.
As used in this chapter:
(1) "Anchor location" means the physical location from which:
(a) an electronic meeting originates; or
(b) the participants are connected.
(2) "Capitol hill complex" means the grounds and buildings within the area bounded by
300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
City.
(3) (a) "Convening" means the calling together of a public body by a person authorized
to do so for the express purpose of discussing or acting upon a subject over which that public
body has jurisdiction or advisory power.
(b) "Convening" does not include the initiation of a routine conversation between
members of a board of trustees of a large public transit district if the members involved in the
conversation do not, during the conversation, take a tentative or final vote on the matter that is
the subject of the conversation.
(4) "Electronic meeting" means a public meeting convened or conducted by means of a
conference using electronic communications.
(5) "Electronic message" means a communication transmitted electronically, including:
(a) electronic mail;
(b) instant messaging;
(c) electronic chat;
(d) text messaging, as that term is defined in Section 
76-4-401
; or
(e) any other method that conveys a message or facilitates communication
electronically.
(6) (a) "Meeting" means the convening of a public body or a specified body, with a
quorum present, including a workshop or an executive session, whether in person or by means
of electronic communications, for the purpose of discussing, receiving comments from the
public about, or acting upon a matter over which the public body or [
specific
] 
specified
 body
has jurisdiction or advisory power.
(b) "Meeting" does not mean:
(i) a chance gathering or social gathering;
(ii) a convening of the State Tax Commission to consider a confidential tax matter in
accordance with Section 
59-1-405
; or
(iii) a convening of a three-member board of trustees of a large public transit district as
defined in Section 
17B-2a-802
 if:
(A) the board members do not, during the conversation, take a tentative or final vote on
the matter that is the subject of the conversation; or
(B) the conversation pertains only to day-to-day management and operation of the
public transit district.
(c) "Meeting" does not mean the convening of a public body that has both legislative
and executive responsibilities if:
(i) no public funds are appropriated for expenditure during the time the public body is
convened; and
(ii) the public body is convened solely for the discussion or implementation of
administrative or operational matters:
(A) for which no formal action by the public body is required; or
(B) that would not come before the public body for discussion or action.
(7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
public statements of each member of the public body who is participating in a meeting.
(8) "Participate" means the ability to communicate with all of the members of a public
body, either verbally or electronically, so that each member of the public body can hear or
observe the communication.
(9) (a) "Public body" means:
(i) any administrative, advisory, executive, or legislative body of the state or its
political subdivisions that:
(A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(B) consists of two or more persons;
(C) expends, disburses, or is supported in whole or in part by tax revenue; and
(D) is vested with the authority to make decisions regarding the public's business; or
(ii) any administrative, advisory, executive, or policymaking body of an association, as
that term is defined in Section 
53G-7-1101
, that:
(A) consists of two or more persons;
(B) expends, disburses, or is supported in whole or in part by dues paid by a public
school or whose employees participate in a benefit or program described in Title 49, Utah State
Retirement and Insurance Benefit Act; and
(C) is vested with authority to make decisions regarding the participation of a public
school or student in an interscholastic activity, as that term is defined in Section 
53G-7-1101
.
(b) "Public body" includes:
(i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in
Section 
11-13-103
;
(ii) a governmental nonprofit corporation as that term is defined in Section 
11-13a-102
;
(iii) the Utah Independent Redistricting Commission; and
(iv) a project entity, as that term is defined in Section 
11-13-103
.
(c) "Public body" does not include:
(i) a political party, a political group, or a political caucus;
(ii) a conference committee, a rules committee, or a sifting committee of the
Legislature;
(iii) a school community council or charter trust land council, as that term is defined in
Section 
53G-7-1203
;
(iv) a taxed interlocal entity, as that term is defined in Section 
11-13-602
, if the taxed
interlocal entity is not a project entity; or
(v) the following Legislative Management subcommittees, which are established in
Section 
36-12-8
, when meeting for the purpose of selecting or evaluating a candidate to
recommend for employment, except that the meeting in which a subcommittee votes to
recommend that a candidate be employed shall be subject to the provisions of this act:
(A) the Research and General Counsel Subcommittee;
(B) the Budget Subcommittee; and
(C) the Audit Subcommittee.
(10) "Public statement" means a statement made in the ordinary course of business of
the public body with the intent that all other members of the public body receive it.
(11) (a) "Quorum" means a simple majority of the membership of a public body, unless
otherwise defined by applicable law.
(b) "Quorum" does not include a meeting of two elected officials by themselves when
no action, either formal or informal, is taken.
(12) "Recording" means an audio, or an audio and video, record of the proceedings of a
meeting that can be used to review the proceedings of the meeting.
(13) "Specified body":
(a) means an administrative, advisory, executive, or legislative body that:
(i) is not a public body;
(ii) consists of three or more members; and
(iii) includes at least one member who is:
(A) a legislator; and
(B) officially appointed to the body by the president of the Senate, speaker of the
House of Representatives, or governor; and
(b) does not include a body listed in Subsection (9)(c)(ii) or (9)(c)(v).
(14) "Transmit" means to send, convey, or communicate an electronic message by
electronic means.
Section 19. Section 
57-8a-231
 is amended to read:
57-8a-231.
Water wise landscaping.
(1) As used in this section:
(a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
grasses.
(b) "Mulch" means material such as rock, bark, wood chips, or other materials left
loose and applied to the soil.
(c) "Overhead spray irrigation" means above ground irrigation heads that spray water
through a nozzle.
(d) (i) "Vegetative coverage" means the ground level surface area covered by the
exposed leaf area of a plant or group of plants at full maturity.
(ii) "Vegetative coverage" does not mean the ground level surface area covered by the
exposed leaf area of a tree or trees.
(e) "Water wise landscaping" means any or all of the following:
(i) installation of plant materials suited to the microclimate and soil conditions that
can:
(A) remain healthy with minimal irrigation once established; or
(B) be maintained without the use of overhead spray irrigation;
(ii) use of water for outdoor irrigation through proper and efficient irrigation design
and water application; or
(iii) the use of other landscape design features that:
(A) minimize the need of the landscape for supplemental water from irrigation; or
(B) reduce the landscape area dedicated to lawn or turf.
(2) An association may not enact or enforce a governing document that prohibits, or
has the effect of prohibiting, a lot owner of a detached dwelling from incorporating water wise
landscaping on the property owner's property.
(3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit an association
from requiring a property owner to:
(i) comply with a site plan review or other review process before installing water wise
landscaping;
(ii) maintain plant material in a healthy condition; 
and
(iii) follow specific water wise landscaping design requirements adopted by the
association including a requirement that:
(A) restricts or clarifies the use of mulches considered detrimental to the association's
operations;
(B) imposes minimum or maximum vegetative coverage; or
(C) restricts or prohibits the use of specific plant materials.
(b) An association may not require a property owner to install or keep in place lawn or
turf in an area with a width less than eight feet.
Section 20. Section 
58-60-112
 is amended to read:
58-60-112.
Reporting of unprofessional or unlawful conduct -- Immunity from
liability -- Reporting conduct of court-appointed therapist.
(1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section
58-60-102
 by a person licensed under this chapter or an individual not licensed under this
chapter and engaged in acts or practices regulated under this chapter, that results in disciplinary
action by a licensed health care facility, professional practice group, or professional society, or
that results in a significant adverse impact upon the public health, safety, or welfare, the
following shall report the conduct in writing to the division within 10 days after learning of the
disciplinary action or the conduct unless the individual or person knows it has been reported:
(a) a licensed health care facility or organization in which an individual licensed under
this chapter engages in practice;
(b) an individual licensed under this chapter; and
(c) a professional society or organization whose membership is individuals licensed
under this chapter and which has the authority to discipline or expel a member for acts of
unprofessional or unlawful conduct.
(2) Any individual reporting acts of unprofessional or unlawful conduct by an
individual licensed under this chapter is immune from liability arising out of the disclosure to
the extent the individual furnishes the information in good faith and without malice.
(3) (a) As [
defined
] 
used
 in this Subsection (3):
(i) "Court-appointed therapist" means a mental health therapist ordered by a court to
provide psychotherapeutic treatment to an individual, a couple, or a family in a domestic case.
(ii) "Domestic case" means a proceeding under:
(A) Title 30, Chapter 3, Divorce;
(B) Title 30, Chapter 4, Separate Maintenance;
(C) Title 30, Chapter 5, Grandparents;
(D) Title 30, Chapter 5a, Custody and Visitation for Individuals Other than Parents
Act;
(E) Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
(F) Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement
Act; or
(G) Title 78B, Chapter 15, Utah Uniform Parentage Act.
(b) If a court appoints a court-appointed therapist in a domestic case, a party to the
domestic case may not file a report against the court-appointed therapist for unlawful or
unprofessional conduct during the pendency of the domestic case, unless:
(i) the party has requested that the court release the court-appointed therapist from the
appointment; and
(ii) the court finds good cause to release the court-appointed therapist from the
appointment.
Section 21. Section 
58-70b-302
 is amended to read:
58-70b-302.
Qualifications for licensure.
Each applicant for licensure as an anesthesiologist assistant under this chapter shall:
(1) submit an application on a form established by the division;
(2) pay a fee determined by the division under Section 
63J-1-504
;
(3) provide satisfactory documentation of having graduated from a program certified by
the Commission on Accreditation of Allied Health Education Programs 
or
 the commission's
successor organization;
(4) within 12 months of completing the training under Subsection (3), pass the
certification exam offered by the National Commission for Certification of Anesthesiologist
Assistants; and
(5) have the certification described in Subsection (4) at the time of the application and
maintain the certification throughout the term of the license.
Section 22. Section 
62A-2-101
 is amended to read:
62A-2-101.
Definitions.
As used in this chapter:
(1) "Adoption services" means the same as that term is defined in Section 
80-2-801
.
(2) "Adult day care" means nonresidential care and supervision:
(a) for three or more adults for at least four but less than 24 hours a day; and
(b) that meets the needs of functionally impaired adults through a comprehensive
program that provides a variety of health, social, recreational, and related support services in a
protective setting.
(3) "Applicant" means a person that applies for an initial license or a license renewal
under this chapter.
(4) (a) "Associated with the licensee" means that an individual is:
(i) affiliated with a licensee as an owner, director, member of the governing body,
employee, agent, provider of care, department contractor, or volunteer; or
(ii) applying to become affiliated with a licensee in a capacity described in Subsection
(4)(a)(i).
(b) "Associated with the licensee" does not include:
(i) service on the following bodies, unless that service includes direct access to a child
or a vulnerable adult:
(A) a local mental health authority described in Section 
17-43-301
;
(B) a local substance abuse authority described in Section 
17-43-201
; or
(C) a board of an organization operating under a contract to provide mental health or
substance abuse programs, or services for the local mental health authority or substance abuse
authority; or
(ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
at all times.
(5) (a) "Boarding school" means a private school that:
(i) uses a regionally accredited education program;
(ii) provides a residence to the school's students:
(A) for the purpose of enabling the school's students to attend classes at the school; and
(B) as an ancillary service to educating the students at the school;
(iii) has the primary purpose of providing the school's students with an education, as
defined in Subsection (5)(b)(i); and
(iv) (A) does not provide the treatment or services described in Subsection (38)(a); or
(B) provides the treatment or services described in Subsection (38)(a) on a limited
basis, as described in Subsection (5)(b)(ii).
(b) (i) For purposes of Subsection (5)(a)(iii), "education" means a course of study for
one or more of grades kindergarten through 12th grade.
(ii) For purposes of Subsection (5)(a)(iv)(B), a private school provides the treatment or
services described in Subsection (38)(a) on a limited basis if:
(A) the treatment or services described in Subsection (38)(a) are provided only as an
incidental service to a student; and
(B) the school does not:
(I) specifically solicit a student for the purpose of providing the treatment or services
described in Subsection (38)(a); or
(II) have a primary purpose of providing the treatment or services described in
Subsection (38)(a).
(c) "Boarding school" does not include a therapeutic school.
(6) "Child" means an individual under 18 years old.
(7) "Child placing" means receiving, accepting, or providing custody or care for any
child, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child;
(b) placing the child in a home for adoption; or
(c) foster home placement.
(8) "Child-placing agency" means a person that engages in child placing.
(9) "Client" means an individual who receives or has received services from a licensee.
(10) (a) "Congregate care program" means any of the following that provide services to
a child:
(i) an outdoor youth program;
(ii) a residential support program;
(iii) a residential treatment program; or
(iv) a therapeutic school.
(b) "Congregate care program" does not include a human services program that:
(i) is licensed to serve adults; and
(ii) is approved by the office to service a child for a limited time.
(11) "Day treatment" means specialized treatment that is provided to:
(a) a client less than 24 hours a day; and
(b) four or more persons who:
(i) are unrelated to the owner or provider; and
(ii) have emotional, psychological, developmental, physical, or behavioral
dysfunctions, impairments, or chemical dependencies.
(12) "Department" means the Department of Human Services.
(13) "Department contractor" means an individual who:
(a) provides services under a contract with the department; and
(b) due to the contract with the department, has or will likely have direct access to a
child or vulnerable adult.
(14) "Direct access" means that an individual has, or likely will have:
(a) contact with or access to a child or vulnerable adult that provides the individual
with an opportunity for personal communication or touch; or
(b) an opportunity to view medical, financial, or other confidential personal identifying
information of the child, the child's parents or legal guardians, or the vulnerable adult.
(15) "Directly supervised" means that an individual is being supervised under the
uninterrupted visual and auditory surveillance of another individual who has a current
background screening approval issued by the office.
(16) "Director" means the director of the office.
(17) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(18) "Domestic violence treatment program" means a nonresidential program designed
to provide psychological treatment and educational services to perpetrators and victims of
domestic violence.
(19) "Elder adult" means a person 65 years old or older.
(20) "Executive director" means the executive director of the department.
(21) "Foster home" means a residence that is licensed or certified by the office for the
full-time substitute care of a child.
(22) "Health benefit plan" means the same as that term is defined in Section
31A-1-301
.
(23) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(24) "Health insurer" means the same as that term is defined in Section [
31A-22-615.5
]
31A-22-634
.
(25) (a) "Human services program" means:
(i) a foster home;
(ii) a therapeutic school;
(iii) a youth program;
(iv) an outdoor youth program;
(v) a residential treatment program;
(vi) a residential support program;
(vii) a resource family home;
(viii) a recovery residence; or
(ix) a facility or program that provides:
(A) adult day care;
(B) day treatment;
(C) outpatient treatment;
(D) domestic violence treatment;
(E) child-placing services;
(F) social detoxification; or
(G) any other human services that are required by contract with the department to be
licensed with the department.
(b) "Human services program" does not include:
(i) a boarding school; or
(ii) a residential, vocational and life skills program, as defined in Section 
13-53-102
.
(26) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(27) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
(28) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(29) "Intermediate secure treatment" means 24-hour specialized residential treatment or
care for an individual who:
(a) cannot live independently or in a less restrictive environment; and
(b) requires, without the individual's consent or control, the use of locked doors to care
for the individual.
(30) "Licensee" means an individual or a human services program licensed by the
office.
(31) "Local government" means a city, town, metro township, or county.
(32) "Minor" means child.
(33) "Office" means the Office of Licensing within the Department of Human Services.
(34) "Outdoor youth program" means a program that provides:
(a) services to a child that has:
(i) a chemical dependency; or
(ii) a dysfunction or impairment that is emotional, psychological, developmental,
physical, or behavioral;
(b) a 24-hour outdoor group living environment; and
(c) (i) regular therapy, including group, individual, or supportive family therapy; or
(ii) informal therapy or similar services, including wilderness therapy, adventure
therapy, or outdoor behavioral healthcare.
(35) "Outpatient treatment" means individual, family, or group therapy or counseling
designed to improve and enhance social or psychological functioning for those whose physical
and emotional status allows them to continue functioning in their usual living environment.
(36) "Practice group" or "group practice" means two or more health care providers
legally organized as a partnership, professional corporation, or similar association, for which:
(a) substantially all of the services of the health care providers who are members of the
group are provided through the group and are billed in the name of the group and amounts
received are treated as receipts of the group; and
(b) the overhead expenses of and the income from the practice are distributed in
accordance with methods previously determined by members of the group.
(37) "Private-placement child" means a child whose parent or guardian enters into a
contract with a congregate care program for the child to receive services.
(38) (a) "Recovery residence" means a home, residence, or facility that meets at least
two of the following requirements:
(i) provides a supervised living environment for individuals recovering from a
substance use disorder;
(ii) provides a living environment in which more than half of the individuals in the
residence are recovering from a substance use disorder;
(iii) provides or arranges for residents to receive services related to their recovery from
a substance use disorder, either on or off site;
(iv) is held out as a living environment in which individuals recovering from substance
abuse disorders live together to encourage continued sobriety; or
(v) (A) receives public funding; or
(B) is run as a business venture, either for-profit or not-for-profit.
(b) "Recovery residence" does not mean:
(i) a residential treatment program;
(ii) residential support program; or
(iii) a home, residence, or facility, in which:
(A) residents, by their majority vote, establish, implement, and enforce policies
governing the living environment, including the manner in which applications for residence are
approved and the manner in which residents are expelled;
(B) residents equitably share rent and housing-related expenses; and
(C) a landlord, owner, or operator does not receive compensation, other than fair
market rental income, for establishing, implementing, or enforcing policies governing the
living environment.
(39) "Regular business hours" means:
(a) the hours during which services of any kind are provided to a client; or
(b) the hours during which a client is present at the facility of a licensee.
(40) (a) "Residential support program" means a program that arranges for or provides
the necessities of life as a protective service to individuals or families who have a disability or
who are experiencing a dislocation or emergency that prevents them from providing these
services for themselves or their families.
(b) "Residential support program" includes a program that provides a supervised living
environment for individuals with dysfunctions or impairments that are:
(i) emotional;
(ii) psychological;
(iii) developmental; or
(iv) behavioral.
(c) Treatment is not a necessary component of a residential support program.
(d) "Residential support program" does not include:
(i) a recovery residence; or
(ii) a program that provides residential services that are performed:
(A) exclusively under contract with the department and provided to individuals through
the Division of Services for People with Disabilities; or
(B) in a facility that serves fewer than four individuals.
(41) (a) "Residential treatment" means a 24-hour group living environment for four or
more individuals unrelated to the owner or provider that offers room or board and specialized
treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation
services for persons with emotional, psychological, developmental, or behavioral dysfunctions,
impairments, or chemical dependencies.
(b) "Residential treatment" does not include a:
(i) boarding school;
(ii) foster home; or
(iii) recovery residence.
(42) "Residential treatment program" means a program or facility that provides:
(a) residential treatment; or
(b) intermediate secure treatment.
(43) "Seclusion" means the involuntary confinement of an individual in a room or an
area:
(a) away from the individual's peers; and
(b) in a manner that physically prevents the individual from leaving the room or area.
(44) "Social detoxification" means short-term residential services for persons who are
experiencing or have recently experienced drug or alcohol intoxication, that are provided
outside of a health care facility licensed under Title 26, Chapter 21, Health Care Facility
Licensing and Inspection Act, and that include:
(a) room and board for persons who are unrelated to the owner or manager of the
facility;
(b) specialized rehabilitation to acquire sobriety; and
(c) aftercare services.
(45) "Substance abuse disorder" or "substance use disorder" mean the same as
"substance use disorder" is defined in Section 
62A-15-1202
.
(46) "Substance abuse treatment program" or "substance use disorder treatment
program" means a program:
(a) designed to provide:
(i) specialized drug or alcohol treatment;
(ii) rehabilitation; or
(iii) habilitation services; and
(b) that provides the treatment or services described in Subsection (46)(a) to persons
with:
(i) a diagnosed substance use disorder; or
(ii) chemical dependency disorder.
(47) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals that are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to:
(I) a disability;
(II) emotional development;
(III) behavioral development;
(IV) familial development; or
(V) social development.
(48) "Unrelated persons" means persons other than parents, legal guardians,
grandparents, brothers, sisters, uncles, or aunts.
(49) "Vulnerable adult" means an elder adult or an adult who has a temporary or
permanent mental or physical impairment that substantially affects the person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
(50) (a) "Youth program" means a program designed to provide behavioral, substance
abuse, or mental health services to minors that:
(i) serves adjudicated or nonadjudicated youth;
(ii) charges a fee for its services;
(iii) may provide host homes or other arrangements for overnight accommodation of
the youth;
(iv) may provide all or part of its services in the outdoors;
(v) may limit or censor access to parents or guardians; and
(vi) prohibits or restricts a minor's ability to leave the program at any time of the
minor's own free will.
(b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
Scouts, 4-H, and other such organizations.
(51) (a) "Youth transportation company" means any person that transports a child for
payment to or from a congregate care program in Utah.
(b) "Youth transportation company" does not include:
(i) a relative of the child;
(ii) a state agency; or
(iii) a congregate care program's employee who transports the child from the
congregate care program that employs the employee and returns the child to the same
congregate care program.
Section 23. Section 
63C-25-101
 is amended to read:
63C-25-101.
Definitions.
As used in this chapter:
(1) "Authority" means the same as that term is defined in Section 
63B-1-303
.
(2) "Bond" means the same as that term is defined in Section 
63B-1-101
.
(3) "Bonding political subdivision" means:
(a) the Utah Inland Port Authority, created in Section 
11-58-201
;
(b) the Military Installation Development Authority, created in Section 
63H-1-201
;
(c) the Point of the Mountain State Land Authority, created in Section 
11-59-201
; or
(d) the Utah Lake Authority, created in Section 
11-65-201
.
(4) "Commission" means the State Finance Review Commission created in Section
63C-25-201
.
(5) "Concessionaire" means a person who:
(a) operates, finances, maintains, or constructs a government facility under a contract
with a bonding political subdivision; and
(b) is not a bonding political subdivision.
(6) "Creating entity" means the same as that term is defined in Section 
17D-4-102
.
(7) "Government facility" means infrastructure, improvements, or a building that:
(a) costs more than $5,000,000 to construct; and
(b) has a useful life greater than five years.
(8) "Large public transit district" means the same as that term is defined in Section
17B-2a-802
.
(9) "Loan entity" means the board, person, unit, or agency with legal responsibility for
making a loan from a revolving loan fund.
(10) "Obligation" means the same as that term is defined in Section 
63B-1-303
.
(11) "Parameters resolution" means a resolution of a bonding political subdivision, or
public infrastructure district created by a bonding political subdivision, that sets forth for
proposed bonds:
(a) the maximum:
(i) amount of bonds;
(ii) term; and
(iii) interest rate; and
(b) the expected security for the bonds.
(12) "Public infrastructure district" means a public infrastructure district created under
Title 17D, Chapter 4, Public Infrastructure District Act.
(13) "Public-private partnership" means a contract:
(a) between a bonding political subdivision and a concessionaire for the operation,
finance, maintenance, or construction of a government facility;
(b) that authorizes the concessionaire to operate the government facility for a term of
five years or longer, including any extension of the contract; and
(c) in which all or some of the annual source of payment to the concessionaire comes
from state funds provided to the bonding political subdivision.
(14) "Revolving loan fund" means:
(a) the Water Resources Conservation and Development Fund, created in Section
73-10-24
;
(b) the Water Resources Construction Fund, created in Section 
73-10-8
;
(c) the Water Resources Cities Water Loan Fund, created in Section 
73-10-22
;
(d) the Clean Fuel Conversion Funds, created in [
Title 19, Chapter 1, Part 4, Clean
Fuels and Vehicle Technology Program Act
] 
Title 19, Chapter 1, Part 4, Clean Fuels and
Emission Reduction Technology Program Act
;
(e) the Water Development Security Fund and its subaccounts, created in Section
73-10c-5
;
(f) the Agriculture Resource Development Fund, created in Section 
4-18-106
;
(g) the Utah Rural Rehabilitation Fund, created in Section 
4-19-105
;
(h) the Permanent Community Impact Fund, created in Section 
35A-8-303
;
(i) the Petroleum Storage Tank Fund, created in Section 
19-6-409
;
(j) the School Building Revolving Account, created in Section 
53F-9-206
;
(k) the State Infrastructure Bank Fund, created in Section 
72-2-202
;
(l) the Uintah Basin Revitalization Fund, created in Section 
35A-8-1602
;
(m) the Navajo Revitalization Fund, created in Section 
35A-8-1704
;
(n) the Energy Efficiency Fund, created in Section 
11-45-201
;
(o) the Brownfields Fund, created in Section 
19-8-120
;
(p) the following enterprise revolving loan funds created in Section 
63A-3-402
:
(i) the inland port infrastructure revolving loan fund;
(ii) the point of the mountain infrastructure revolving loan fund; or
(iii) the military development infrastructure revolving loan fund; and
(q) any other revolving loan fund created in statute where the borrower from the
revolving loan fund is a public non-profit entity or political subdivision, including a fund listed
in Section 
63A-3-205
, from which a loan entity is authorized to make a loan.
(15) (a) "State funds" means an appropriation by the Legislature identified as coming
from the General Fund or Education Fund.
(b) "State funds" does not include:
(i) a revolving loan fund; or
(ii) revenues received by a bonding political subdivision from:
(A) a tax levied by the bonding political subdivision;
(B) a fee assessed by the bonding political subdivision; or
(C) operation of the bonding political subdivision's government facility.
Section 24. Section 
63I-1-236
 is amended to read:
63I-1-236.
Repeal dates: Title 36.
(1) Title 36, Chapter 17, Legislative Process Committee, is repealed January 1, 2028.
(2) Section 
36-12-20
 is repealed June 30, 2023.
(3) Title 36, Chapter 28, Veterans and Military Affairs Commission, is repealed
January 1, 2025.
(4) Section 
36-29-108
, Criminal Code Evaluation Task Force, is repealed July 1, 2023.
[
(5) Title 36, Chapter 31, Martha Hughes Cannon Capitol Statue Oversight Committee,
is repealed January 1, 2022.
]
Section 25. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates: Titles 63A to 63N.
(1) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(2) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(3) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Section 
63A-18-102
 is repealed;
(b) Section 
63A-18-201
 is repealed; and
(c) Section 
63A-18-202
 is repealed.
(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 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
(12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
(13) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
(14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2028.
(15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2024.
(16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
[
(17) Subsection 
63J-1-602.1
(17), relating to the Nurse Home Visiting Restricted
Account, is repealed July 1, 2026.
]
[
(18)
] 
(17)
 Subsection 
63J-1-602.2
(6), referring to dedicated credits to the Utah
Marriage Commission, is repealed July 1, 2023.
[
(19) Subsection 
63J-1-602.2
(7), referring to the Trip Reduction Program, is repealed
July 1, 2022.
]
[
(20)
] 
(18)
 Subsection 
63J-1-602.2
(26), related to the Utah Seismic Safety
Commission, is repealed January 1, 2025.
[
(21)
] 
(19)
 Title 63L, Chapter 11, Part 4, Resource Development Coordinating
Committee, is repealed July 1, 2027.
[
(22)
] 
(20)
 In relation to the Utah Substance Use and Mental Health Advisory Council,
on January 1, 2033:
(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)(a) 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).".
[
(23)
] 
(21)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
[
(24)
] 
(22)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2026.
[
(25)
] 
(23)
 Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
repealed January 1, 2025.
[
(26)
] 
(24)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
[
(27)
] 
(25)
 Section 
63N-2-512
, related to the Hotel Impact Mitigation Fund, is repealed
July 1, 2028.
[
(28)
] 
(26)
 Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
repealed July 1, 2027.
[
(29)
] 
(27)
 Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
Program, is repealed July 1, 2025.
[
(30)
] 
(28)
 In relation to the Rural Employment Expansion Program, on July 1, 2023:
(a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
and
(b) Subsection 
63N-4-805
(5)(b), referring to the Rural Employment Expansion
Program, is repealed.
[
(31)
] 
(29)
 In relation to the Board of Tourism Development, on July 1, 2025:
(a) Subsection 
63N-2-511
(1)(b), which defines "tourism board," is repealed;
(b) Subsections 
63N-2-511
(3)(a) and (5), the language that states "tourism board" is
repealed and replaced with "Utah Office of Tourism";
(c) Subsection 
63N-7-101
(1), which defines "board," is repealed;
(d) Subsection 
63N-7-102
(3)(c), which requires the Utah Office of Tourism to receive
approval from the Board of Tourism Development, is repealed; and
(e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
[
(32)
] 
(30)
 Subsection 
63N-8-103
(3)(c), which allows the Governor's Office of
Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
is repealed on July 1, 2024.
Section 26. Section 
63I-1-267
 is amended to read:
63I-1-267.
Repeal dates: Title 67.
(1) Section 
67-1-8.1
, which creates the Executive Residence Commission, is repealed
July 1, 2027.
(2) Section 
67-1-15
 is repealed December 31, 2027.
(3) Section 
67-3-11
 is repealed July 1, 2024.
(4) Title 67, Chapter 5a, Utah Prosecution Council, is repealed July 1, 2027.
[
(5) Section 
67-5b-105
, which creates local advisory boards for the Children's Justice
Center Program, is repealed July 1, 2021.
]
Section 27. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates: Title 17.
[
(1) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed
January 1, 2022. (2)
] On January 1, 2028, Subsection 
17-52a-103
(3), requiring certain counties
to initiate a change of form of government process by July 1, 2018, is repealed.
[
(3) On June 1, 2022:
]
[
(a) Section 
17-52a-104
 is repealed;
]
[
(b) in Subsection 
17-52a-301
(3)(a), the language that states "or under a provision
described in Subsection 
17-52a-104
(1)(b) or (2)(b)," is repealed; and
]
[
(c) Subsection 
17-52a-301
(3)(a)(iv), regarding the first initiated process, is repealed.
]
Section 28. Section 
63I-2-226
 is amended to read:
63I-2-226.
Repeal dates: Title 26 through 26B.
[
(1) Subsection 
26-2-12.6
(3), relating to the report for birth certificate fees, is repealed
December 31, 2022.
]
[
(2)
] 
(1)
 Subsection 
26-7-8
(3) is repealed January 1, 2027.
[
(3)
] 
(2)
 Section 
26-8a-107
 is repealed July 1, 2024.
[
(4) Subsection 
26-8a-203
(3)(a)(i) is repealed January 1, 2023.
]
[
(5)
] 
(3)
 Section 
26-8a-211
 is repealed July 1, 2023.
[
(6)
] 
(4)
 In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
26-8a-602
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge not
paid by the patient's health insurer; and".
[
(7) Subsection 
26-18-2.4
(3)(e) is repealed January 1, 2023.
]
[
(8) Subsection 
26-18-411
(8), related to reporting on the health coverage improvement
program, is repealed January 1, 2023.
]
[
(9)
] 
(5)
 Subsection 
26-18-420
(5), related to reporting on coverage for in vitro
fertilization and genetic testing, is repealed July 1, 2030.
[
(10)
] 
(6)
 In relation to the Air Ambulance Committee, July 1, 2024, Subsection
26-21-32
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge not
paid by the patient's health insurer; and".
[
(11) Subsection 
26-33a-106.1
(2)(a) is repealed January 1, 2023.
]
[
(12)
] 
(7)
 Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
Program, is repealed July 1, 2027.
[
(13) Subsection 
26-61-202
(4)(b) is repealed January 1, 2022.
]
[
(14) Subsection 
26-61-202
(5) is repealed January 1, 2022.
]
[
(15)
] 
(8)
 Subsection 
26B-1-204
(2)(f), relating to the Air Ambulance Committee, is
repealed July 1, 2024.
Section 29. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates: Title 63A to Title 63N.
(1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
Procurement Advisory Council is repealed July 1, 2025.
(2) Section 
63A-17-303
 is repealed July 1, 2023.
[
(3) Subsection 
63A-17-304
(1)(c) is repealed July 1, 2022.
]
(3) Section 
63A-17-806
 is repealed June 30, 2023.
(4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
Commission is repealed July 1, 2023.
(5) Section 
63G-1-502
 is repealed July 1, 2022.
(6) The following sections regarding the World War II Memorial Commission are
repealed July 1, 2022:
(a) Section 
63G-1-801
;
(b) Section 
63G-1-802
;
(c) Section 
63G-1-803
; and
(d) Section 
63G-1-804
.
(7) Title 63H, Chapter 5, Utah State Railroad Museum Authority, is repealed on July 1,
2022.
(8) Section 
63H-7a-303
 is repealed July 1, 2024.
(9) Subsection 
63H-7a-403
(2)(b), regarding the charge to maintain the public safety
communications network, is repealed July 1, 2033.
(10) Subsection 
63J-1-602.2
(44), which lists appropriations to the State Tax
Commission for property tax deferral reimbursements, is repealed July 1, 2027.
(11) Sections 
63M-7-213
 and 
63M-7-213.5
 are repealed January 1, 2023.
(12) Section 
63M-7-217
 is repealed July 1, 2022.
(13) Subsection 
63N-2-213
(12)(a), relating to claiming a tax credit in the same taxable
year as the targeted business income tax credit, is repealed December 31, 2024.
(14) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an
Enterprise Zone, is repealed December 31, 2024.
Section 30. Section 
63I-2-267
 is amended to read:
63I-2-267.
Repeal dates: Title 67.
[
Section 
63A-17-806
 is repealed June 30, 2023.
]
Section 31. Section 
63I-2-279
 is amended to read:
63I-2-279.
Repeal dates: Title 79.
[
(1)
] Section 
79-2-206
, Transition, is repealed July 1, 2024.
[
(2) Title 79, Chapter 6, Part 8, Voluntary Home Energy Information Pilot Program
Act, is repealed January 1, 2022.
]
Section 32. Section 
63J-1-602.2
 is amended to read:
63J-1-602.2.
List of nonlapsing appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1) The Legislature and the Legislature's committees.
(2) The State Board of Education, including all appropriations to agencies, line items,
and programs under the jurisdiction of the State Board of Education, in accordance with
Section 
53F-9-103
.
(3) The Percent-for-Art Program created in Section 
9-6-404
.
(4) The LeRay McAllister Critical Land Conservation Program created in Section
4-46- 301.
(5) The Utah Lake Authority created in Section 
11-65-201
.
(6) Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection 
17-16-21
(2)(d)(ii).
(7) The Division of Wildlife Resources for the appraisal and purchase of lands under
the Pelican Management Act, as provided in Section 
23-21a-6
.
(8) The Emergency Medical Services Grant Program in Section 
26-8a-207
.
(9) The primary care grant program created in Section 
26-10b-102
.
(10) Sanctions collected as dedicated credits from Medicaid providers under
Subsection 
26-18-3
(7).
(11) The Utah Health Care Workforce Financial Assistance Program created in Section
26-46-102
.
(12) The Rural Physician Loan Repayment Program created in Section 
26-46a-103
.
(13) The Opiate Overdose Outreach Pilot Program created in Section 
26-55-107
.
(14) The Utah Medical Education Council for the:
(a) administration of the Utah Medical Education Program created in Section
26-69-403
;
(b) provision of medical residency grants described in Section 
26-69-407
; and
(c) provision of the forensic psychiatric fellowship grant described in Section
26-69-408
.
(15) Funds that the Department of Alcoholic Beverage Services retains in accordance
with Subsection 
32B-2-301
(8)(a) or (b).
(16) The General Assistance program administered by the Department of Workforce
Services, as provided in Section 
35A-3-401
.
(17) The Utah National Guard, created in [
Title 39, Militia and Armories
] 
Title 39A,
National Guard and Militia Act
.
(18) The State Tax Commission under Section 
41-1a-1201
 for the:
(a) purchase and distribution of license plates and decals; and
(b) administration and enforcement of motor vehicle registration requirements.
(19) The Search and Rescue Financial Assistance Program, as provided in Section
53-2a-1102
.
(20) The Motorcycle Rider Education Program, as provided in Section 
53-3-905
.
(21) The Utah Board of Higher Education for teacher preparation programs, as
provided in Section 
53B-6-104
.
(22) Innovation grants under Section 
53G-10-608
, except as provided in Subsection
53G-10-608
(6).
(23) The Division of Services for People with Disabilities, as provided in Section
62A-5-102
.
(24) The Division of Fleet Operations for the purpose of upgrading underground
storage tanks under Section 
63A-9-401
.
(25) The Utah Seismic Safety Commission, as provided in Section 
63C-6-104
.
(26) The Division of Technology Services for technology innovation as provided under
Section 
63A-16-903
.
(27) The Office of Administrative Rules for publishing, as provided in Section
63G-3-402
.
(28) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
Colorado River Authority of Utah Act.
(29) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
(30) The Governor's Office of Economic Opportunity's Rural Employment Expansion
Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program.
(31) Programs for the Jordan River Recreation Area as described in Section 
65A-2-8
.
(32) The Division of Human Resource Management user training program, as provided
in Section 
63A-17-106
.
(33) A public safety answering point's emergency telecommunications service fund, as
provided in Section 
69-2-301
.
(34) The Traffic Noise Abatement Program created in Section 
72-6-112
.
(35) The money appropriated from the Navajo Water Rights Negotiation Account to
the Division of Water Rights, created in Section 
73-2-1.1
, for purposes of participating in a
settlement of federal reserved water right claims.
(36) The Judicial Council for compensation for special prosecutors, as provided in
Section 
77-10a-19
.
(37) A state rehabilitative employment program, as provided in Section 
78A-6-210
.
(38) The Utah Geological Survey, as provided in Section 
79-3-401
.
(39) The Bonneville Shoreline Trail Program created under Section 
79-5-503
.
(40) Adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
, and
78B-6-144.5
.
(41) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
Defense Commission.
(42) The program established by the Division of Facilities Construction and
Management under Section 
63A-5b-703
 under which state agencies receive an appropriation
and pay lease payments for the use and occupancy of buildings owned by the Division of
Facilities Construction and Management.
(43) The State Tax Commission for reimbursing counties for deferred property taxes in
accordance with Section 
59-2-1802
.
Section 33. Section 
63N-6-103
 is amended to read:
63N-6-103.
Definitions.
As used in this [
part
] 
chapter
:
(1) "Board" means the board of directors of the corporation.
(2) "Corporation" means the Utah Capital Investment Corporation created under
Section 
63N-6-301
.
(3) "Restricted account" means the Utah Capital Investment Restricted Account created
in Section 
63N-6-204
.
(4) "Utah fund of funds" means a limited liability company established under Section
63N-6-401
.
Section 34. Section 
71-8-2
 is amended to read:
71-8-2.
Department of Veterans and Military Affairs created -- Appointment of
executive director -- Department responsibilities.
(1) There is created the Department of Veterans and Military Affairs.
(2) The governor shall appoint an executive director for the department, after
consultation with the Veterans Advisory Council, who is subject to Senate confirmation.
(a) The executive director shall be an individual who:
(i) has served on active duty in the armed forces for more than 180 consecutive days;
(ii) was a member of a reserve component who served in a campaign or expedition for
which a campaign medal has been authorized; or
(iii) incurred an actual service-related injury or disability in the line of duty, whether or
not that person completed 180 consecutive days of active duty; and
(iv) was separated or retired under honorable conditions.
(b) Any veteran or veterans group may submit names to the council for consideration.
(3) The department shall:
(a) conduct and supervise all veteran activities as provided in this title;
(b) determine which campaign or combat theater awards are eligible for a special group
license plate in accordance with Section 
41-1a-418
;
(c) verify that an applicant for a campaign or combat theater award special group
license plate is qualified to receive it;
(d) provide an applicant that qualifies a form indicating the campaign or combat theater
award special group license plate for which the applicant qualifies;
(e) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to carry out the provisions of this title; and
(f) 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:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department.
(4) (a) The department may award grants for the purpose of supporting veteran and
military outreach, employment, education, healthcare, homelessness prevention, and
recognition events.
(b) The department may award a grant described in Subsection (4)(a) to:
(i) an institution of higher education listed in Section 
53B-1-102
;
(ii) a nonprofit organization involved in veterans or military-related activities; or
(iii) a political subdivision of the state.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules for the administration of grants, including establishing:
(i) the form and process for submitting an application to the department;
(ii) the method and criteria for selecting a grant recipient;
(iii) the method and formula for determining a grant amount; and
(iv) the reporting requirements of a grant recipient.
(d) A grant may be awarded by the department only after consultation with the
Veterans Advisory Council.
(5) Nothing in this chapter shall be construed as altering or preempting the provisions
of [
Title 39, Militia and Armories
] 
Title 39A, National Guard and Militia Act
, as specifically
related to the Utah National Guard.
Section 35. Section 
75-2a-103
 is amended to read:
75-2a-103.
Definitions.
As used in this chapter:
(1) "Adult" means an individual who is:
(a) at least 18 years [
of age
] 
old
; or
(b) an emancipated minor.
(2) "Advance health care directive":
(a) includes:
(i) a designation of an agent to make health care decisions for an adult when the adult
cannot make or communicate health care decisions; or
(ii) an expression of preferences about health care decisions;
(b) may take one of the following forms:
(i) a written document, voluntarily executed by an adult in accordance with the
requirements of this chapter; or
(ii) a witnessed oral statement, made in accordance with the requirements of this
chapter; and
(c) does not include a POLST order.
(3) "Agent" means an adult designated in an advance health care directive to make
health care decisions for the declarant.
(4) "APRN" means an individual who is:
(a) certified or licensed as an advance practice registered nurse under Subsection
58-31b-301
(2)(e);
(b) an independent practitioner;
(c) acting under a consultation and referral plan with a physician; and
(d) acting within the scope of practice for that individual, as provided by law, rule, and
specialized certification and training in that individual's area of practice.
(5) "Best interest" means that the benefits to the person resulting from a treatment
outweigh the burdens to the person resulting from the treatment, taking into account:
(a) the effect of the treatment on the physical, emotional, and cognitive functions of the
person;
(b) the degree of physical pain or discomfort caused to the person by the treatment or
the withholding or withdrawal of treatment;
(c) the degree to which the person's medical condition, the treatment, or the
withholding or withdrawal of treatment, result in a severe and continuing impairment of the
dignity of the person by subjecting the person to humiliation and dependency;
(d) the effect of the treatment on the life expectancy of the person;
(e) the prognosis of the person for recovery with and without the treatment;
(f) the risks, side effects, and benefits of the treatment, or the withholding or
withdrawal of treatment; and
(g) the religious beliefs and basic values of the person receiving treatment, to the extent
these may assist the decision maker in determining the best interest.
(6) "Capacity to appoint an agent" means that the adult understands the consequences
of appointing a particular person as agent.
(7) "Declarant" means an adult who has completed and signed or directed the signing
of an advance health care directive.
(8) "Default surrogate" means the adult who may make decisions for an individual
when either:
(a) an agent or guardian has not been appointed; or
(b) an agent is not able, available, or willing to make decisions for an adult.
(9) "Emergency medical services provider" means a person that is licensed, designated,
or certified under Title 26, Chapter 8a, Utah Emergency Medical Services System Act.
(10) "Generally accepted health care standards":
(a) is defined only for the purpose of:
(i) this chapter and does not define the standard of care for any other purpose under
Utah law; and
(ii) enabling health care providers to interpret the statutory form set forth in Section
75-2a-117
; and
(b) means the standard of care that justifies a provider in declining to provide life
sustaining care because the proposed life sustaining care:
(i) will not prevent or reduce the deterioration in the health or functional status of an
individual;
(ii) will not prevent the impending death of an individual; or
(iii) will impose more burden on the individual than any expected benefit to the
[
person
] 
individual
.
(11) "Health care" means any care, treatment, service, or procedure to improve,
maintain, diagnose, or otherwise affect an individual's physical or mental condition.
(12) "Health care decision":
(a) means a decision about an adult's health care made by, or on behalf of, an adult, that
is communicated to a health care provider;
(b) includes:
(i) selection and discharge of a health care provider and a health care facility;
(ii) approval or disapproval of diagnostic tests, procedures, programs of medication,
and orders not to resuscitate; and
(iii) directions to provide, withhold, or withdraw artificial nutrition and hydration and
all other forms of health care; and
(c) does not include decisions about an adult's financial affairs or social interactions
other than as indirectly affected by the health care decision.
(13) "Health care decision making capacity" means an adult's ability to make an
informed decision about receiving or refusing health care, including:
(a) the ability to understand the nature, extent, or probable consequences of health
status and health care alternatives;
(b) the ability to make a rational evaluation of the burdens, risks, benefits, and
alternatives of accepting or rejecting health care; and
(c) the ability to communicate a decision.
(14) "Health care facility" means:
(a) a health care facility as defined in Title 26, Chapter 21, Health Care Facility
Licensing and Inspection Act; and
(b) private offices of physicians, dentists, and other health care providers licensed to
provide health care under Title 58, Occupations and Professions.
(15) "Health care provider" means the same as that term is defined in Section
78B-3-403
, except that "health care provider" does not include an emergency medical services
provider.
(16) (a) "Life sustaining care" means any medical intervention, including procedures,
administration of medication, or use of a medical device, that maintains life by sustaining,
restoring, or supplanting a vital function.
(b) "Life sustaining care" does not include care provided for the purpose of keeping an
individual comfortable.
(17) "Minor" means an individual who:
(a) is under 18 years old; and
(b) is not an emancipated minor.
(18) "Physician" means a physician and surgeon or osteopathic surgeon licensed under
Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical
Practice Act.
(19) "Physician assistant" means an individual licensed as a physician assistant under
Title 58, Chapter 70a, Utah Physician Assistant Act.
(20) "POLST order" means an order, on a form designated by the Department of Health
under Section 
75-2a-106
, that gives direction to health care providers, health care facilities, and
emergency medical services providers regarding the specific health care decisions of the
individual to whom the order relates.
(21) "Reasonably available" means:
(a) readily able to be contacted without undue effort; and
(b) willing and able to act in a timely manner considering the urgency of the
circumstances.
(22) "Substituted judgment" means the standard to be applied by a surrogate when
making a health care decision for an adult who previously had the capacity to make health care
decisions, which requires the surrogate to consider:
(a) specific preferences expressed by the adult:
(i) when the adult had the capacity to make health care decisions; and
(ii) at the time the decision is being made;
(b) the surrogate's understanding of the adult's health care preferences;
(c) the surrogate's understanding of what the adult would have wanted under the
circumstances; and
(d) to the extent that the preferences described in Subsections (22)(a) through (c) are
unknown, the best interest of the adult.
(23) "Surrogate" means a health care decision maker who is:
(a) an appointed agent;
(b) a default surrogate under the provisions of Section 
75-2a-108
; or
(c) a guardian.
Section 36. Section 
76-10-1602
 is amended to read:
76-10-1602.
Definitions.
As used in this part:
(1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
business trust, association, or other legal entity, and any union or group of individuals
associated in fact although not a legal entity, and includes illicit as well as licit entities.
(2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
commission of at least three episodes of unlawful activity, which episodes are not isolated, but
have the same or similar purposes, results, participants, victims, or methods of commission, or
otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
demonstrate continuing unlawful conduct and be related either to each other or to the
enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
activity as defined by this part shall have occurred within five years of the commission of the
next preceding act alleged as part of the pattern.
(3) "Person" includes any individual or entity capable of holding a legal or beneficial
interest in property, including state, county, and local governmental entities.
(4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
command, encourage, or intentionally aid another person to engage in conduct which would
constitute any offense described by the following crimes or categories of crimes, or to attempt
or conspire to engage in an act which would constitute any of those offenses, regardless of
whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
or a felony:
(a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
Recording Practices Act;
(b) any act prohibited by the criminal provisions of Title 19, Environmental Quality
Code, Sections 
19-1-101
 through 
19-7-109
;
(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources
Code of Utah, or Section 
23-20-4
;
(d) false claims for medical benefits, kickbacks, and any other act prohibited by Title
26, Chapter 20, Utah False Claims Act, Sections 
26-20-1
 through 
26-20-12
;
(e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal
Offenses and Procedure Act;
(f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
Land Sales Practices Act;
(g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act,
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
Clandestine Drug Lab Act;
(h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
Securities Act;
(i) any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah
Procurement Code;
(j) assault or aggravated assault, Sections 
76-5-102
 and 
76-5-103
;
(k) a threat of terrorism, Section 
76-5-107.3
;
(l) a criminal homicide offense, as described in Section 
76-5-201
;
(m) kidnapping or aggravated kidnapping, Sections 
76-5-301
 and 
76-5-302
;
(n) human trafficking, human trafficking of a child, human smuggling, or aggravated
human trafficking, Sections 
76-5-308
, 
76-5-308.1
, 
76-5-308.3
, 
76-5-308.5
, 
76-5-309
, and
76-5-310
;
(o) sexual exploitation of a minor or aggravated sexual exploitation of a minor,
Sections 
76-5b-201
 and 
76-5b-201.1
;
(p) arson or aggravated arson, Sections 
76-6-102
 and 
76-6-103
;
(q) causing a catastrophe, Section 
76-6-105
;
(r) burglary or aggravated burglary, Sections 
76-6-202
 and 
76-6-203
;
(s) burglary of a vehicle, Section 
76-6-204
;
(t) manufacture or possession of an instrument for burglary or theft, Section 
76-6-205
;
(u) robbery or aggravated robbery, Sections 
76-6-301
 and 
76-6-302
;
(v) theft, Section 
76-6-404
;
(w) theft by deception, Section 
76-6-405
;
(x) theft by extortion, Section 
76-6-406
;
(y) receiving stolen property, Section 
76-6-408
;
(z) theft of services, Section 
76-6-409
;
(aa) forgery, Section 
76-6-501
;
(bb) fraudulent use of a credit card, Sections 
76-6-506.2
, 
76-6-506.3
, 
76-6-506.5
, and
76-6-506.6
;
(cc) deceptive business practices, Section 
76-6-507
;
(dd) bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods, Section 
76-6-508
;
(ee) bribery of a labor official, Section 
76-6-509
;
(ff) defrauding creditors, Section 
76-6-511
;
(gg) acceptance of deposit by insolvent financial institution, Section 
76-6-512
;
(hh) unlawful dealing with property by fiduciary, Section 
76-6-513
;
(ii) bribery or threat to influence contest, Section 
76-6-514
;
(jj) making a false credit report, Section 
76-6-517
;
(kk) criminal simulation, Section 
76-6-518
;
(ll) criminal usury, Section 
76-6-520
;
(mm) fraudulent insurance act, Section 
76-6-521
;
(nn) retail theft, Section 
76-6-602
;
(oo) computer crimes, Section 
76-6-703
;
(pp) identity fraud, Section 
76-6-1102
;
(qq) mortgage fraud, Section 
76-6-1203
;
(rr) sale of a child, Section 
76-7-203
;
(ss) bribery to influence official or political actions, Section 
76-8-103
;
(tt) threats to influence official or political action, Section 
76-8-104
;
(uu) receiving bribe or bribery by public servant, Section 
76-8-105
;
(vv) receiving bribe or bribery for endorsement of person as public servant, Section
76-8-106
;
(ww) official misconduct, Sections 
76-8-201
 and 
76-8-202
;
(xx) obstruction of justice, Section 
76-8-306
;
(yy) acceptance of bribe or bribery to prevent criminal prosecution, Section 
76-8-308
;
(zz) false or inconsistent material statements, Section 
76-8-502
;
(aaa) false or inconsistent statements, Section 
76-8-503
;
(bbb) written false statements, Section 
76-8-504
;
(ccc) tampering with a witness or soliciting or receiving a bribe, Section 
76-8-508
;
(ddd) retaliation against a witness, victim, or informant, Section 
76-8-508.3
;
(eee) extortion or bribery to dismiss criminal proceeding, Section 
76-8-509
;
(fff) tampering with evidence, Section 
76-8-510.5
;
(ggg) falsification or alteration of government record, Section 
76-8-511
, if the record is
a record described in Title 20A, Election Code[
,
] 
or
 Title 36, Chapter 11, Lobbyist Disclosure
and Regulation Act[
, or Title 36, Chapter 11a, Local Government and Board of Education
Lobbyist Disclosure and Regulation Act
];
(hhh) public assistance fraud in violation of Section 
76-8-1203
, 
76-8-1204
, or
76-8-1205
;
(iii) unemployment insurance fraud, Section 
76-8-1301
;
(jjj) intentionally or knowingly causing one animal to fight with another, Subsection
76-9-301
(2)(d) or (e), or Section 
76-9-301.1
;
(kkk) possession, use, or removal of explosives, chemical, or incendiary devices or
parts, Section 
76-10-306
;
(lll) delivery to common carrier, mailing, or placement on premises of an incendiary
device, Section 
76-10-307
;
(mmm) possession of a deadly weapon with intent to assault, Section 
76-10-507
;
(nnn) unlawful marking of pistol or revolver, Section 
76-10-521
;
(ooo) alteration of number or mark on pistol or revolver, Section 
76-10-522
;
(ppp) forging or counterfeiting trademarks, trade name, or trade device, Section
76-10-1002
;
(qqq) selling goods under counterfeited trademark, trade name, or trade devices,
Section 
76-10-1003
;
(rrr) sales in containers bearing registered trademark of substituted articles, Section
76-10-1004
;
(sss) selling or dealing with article bearing registered trademark or service mark with
intent to defraud, Section 
76-10-1006
;
(ttt) gambling, Section 
76-10-1102
;
(uuu) gambling fraud, Section 
76-10-1103
;
(vvv) gambling promotion, Section 
76-10-1104
;
(www) possessing a gambling device or record, Section 
76-10-1105
;
(xxx) confidence game, Section 
76-10-1109
;
(yyy) distributing pornographic material, Section 
76-10-1204
;
(zzz) inducing acceptance of pornographic material, Section 
76-10-1205
;
(aaaa) dealing in harmful material to a minor, Section 
76-10-1206
;
(bbbb) distribution of pornographic films, Section 
76-10-1222
;
(cccc) indecent public displays, Section 
76-10-1228
;
(dddd) prostitution, Section 
76-10-1302
;
(eeee) aiding prostitution, Section 
76-10-1304
;
(ffff) exploiting prostitution, Section 
76-10-1305
;
(gggg) aggravated exploitation of prostitution, Section 
76-10-1306
;
(hhhh) communications fraud, Section 
76-10-1801
;
(iiii) any act prohibited by the criminal provisions of Part 19, Money Laundering and
Currency Transaction Reporting Act;
(jjjj) vehicle compartment for contraband, Section 
76-10-2801
;
(kkkk) any act prohibited by the criminal provisions of the laws governing taxation in
this state; and
(llll) any act illegal under the laws of the United States and enumerated in 18 U.S.C.
Sec. 1961(1)(B), (C), and (D).
Section 37. Section 
78A-7-202
 is amended to read:
78A-7-202.
Justice court judges to be appointed -- Procedure.
(1) As used in this section:
(a) "Local government executive" means:
(i) for a county:
(A) the chair of the county commission in a county operating under the county
commission or expanded county commission form of county government;
(B) the county executive in a county operating under the county executive-council form
of county government; and
(C) the county manager in a county operating under the council-manager form of
county government;
(ii) for a city or town:
(A) the mayor of the city or town; or
(B) the city manager, in the council-manager form of government described in
Subsection 
10-3b-103
(7); and
(iii) for a metro township, the chair of the metro township council.
(b) "Local legislative body" means:
(i) for a county, the county commission or county council; and
(ii) for a city or town, the council of the city or town.
(2) (a) There is created in each county a county justice court nominating commission to
review applicants and make recommendations to the appointing authority for a justice court
position.
(b) The commission shall be convened when a new justice court judge position is
created or when a vacancy in an existing court occurs for a justice court located within the
county.
(c) Membership of the justice court nominating commission shall be as follows:
(i) one member appointed by:
(A) the county commission if the county has a county commission form of
government; or
(B) the county executive if the county has an executive-council form of government;
(ii) one member appointed by the municipalities in the counties as follows:
(A) if the county has only one municipality, appointment shall be made by the
governing authority of that municipality; or
(B) if the county has more than one municipality, appointment shall be made by a
municipal selection committee composed of the mayors of each municipality and the chairs of
each metro township in the county;
(iii) one member appointed by the county bar association; and
(iv) two members appointed by the governing authority of the jurisdiction where the
judicial office is located.
(d) (i) If there is no county bar association, the member in Subsection (2)(c)(iii) shall
be appointed by the regional bar association.
(ii) If no regional bar association exists, the state bar association shall make the
appointment.
(e) Members appointed under Subsections (2)(c)(i) and (ii) may not be the appointing
authority or an elected official of a county or municipality.
(f) (i) Except as provided in Subsection [
(2)(d)(ii)
] 
(2)(f)(ii)
, the nominating
commission shall submit at least three names to the appointing authority of the jurisdiction
expected to be served by the judge.
(ii) If there are fewer than three applicants for a justice court vacancy, the nominating
commission shall submit all qualified applicants to the appointing authority of the jurisdiction
expected to be served by the judge.
(iii) The local government executive shall appoint a judge from the list submitted and
the appointment ratified by the local legislative body.
(g) (i) The state court administrator shall provide staff to the commission.
(ii) The Judicial Council shall establish rules and procedures for the conduct of the
commission.
(3) (a) A judicial vacancy for a justice court shall be announced:
(i) as an employment opportunity on the Utah Courts' website;
(ii) in an email to the members of the Utah State Bar; and
(iii) on the Utah Public Notice Website, created in Section 
63A-16-601
.
(b) A judicial vacancy for a justice court may also be advertised through other
appropriate means.
(4) Selection of candidates shall be based on compliance with the requirements for
office and competence to serve as a judge.
(5) (a) Once selected, every prospective justice court judge shall attend an orientation
seminar conducted under the direction of the Judicial Council.
(b) Upon completion of the orientation seminar described in Subsection (5)(a), the
Judicial Council shall certify the justice court judge as qualified to hold office.
(6) (a) The selection of a person to fill the office of justice court judge is effective upon
certification of the judge by the Judicial Council.
(b) A justice court judge may not perform judicial duties until certified by the Judicial
Council.
Section 38. Section 
78B-3-416
 is amended to read:
78B-3-416.
Division to provide panel -- Exemption -- Procedures -- Statute of
limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license
fees.
(1) (a) The division shall provide a hearing panel in alleged medical liability cases
against health care providers as defined in Section 
78B-3-403
, except dentists or dental care
providers.
(b) (i) The division shall establish procedures for prelitigation consideration of medical
liability claims for damages arising out of the provision of or alleged failure to provide health
care.
(ii) The division may establish rules necessary to administer the process and
procedures related to prelitigation hearings and the conduct of prelitigation hearings in
accordance with Sections 
78B-3-416
 through 
78B-3-420
.
(c) The proceedings are informal, nonbinding, and are not subject to Title 63G, Chapter
4, Administrative Procedures Act, but are compulsory as a condition precedent to commencing
litigation.
(d) Proceedings conducted under authority of this section are confidential, privileged,
and immune from civil process.
(e) The division may not provide more than one hearing panel for each alleged medical
liability case against a health care provider.
(2) (a) The party initiating a medical liability action shall file a request for prelitigation
panel review with the division within 60 days after the service of a statutory notice of intent to
commence action under Section 
78B-3-412
.
(b) The request shall include a copy of the notice of intent to commence action. The
request shall be mailed to all health care providers named in the notice and request.
(3) (a) As [
defined
] 
used
 in this Subsection (3):
(i) "Court-appointed therapist" means a mental health therapist ordered by a court to
provide psychotherapeutic treatment to an individual, a couple, or a family in a domestic case.
(ii) "Domestic case" means a proceeding under:
(A) Title 30, Chapter 3, Divorce;
(B) Title 30, Chapter 4, Separate Maintenance;
(C) Title 30, Chapter 5, Grandparents;
(D) Title 30, Chapter 5a, Custody and Visitation for Individuals Other than Parents
Act;
(E) Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
(F) Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement
Act; or
(G) Title 78B, Chapter 15, Utah Uniform Parentage Act.
(iii) "Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(b) If a court appoints a court-appointed therapist in a domestic case, a party to the
domestic case may not file a request for a prelitigation panel review for a malpractice action
against the court-appointed therapist during the pendency of the domestic case, unless:
(i) the party has requested that the court release the court-appointed therapist from
appointment; and
(ii) the court finds good cause to release the court-appointed therapist from the
appointment.
(c) If a party is prohibited from filing a request for a prelitigation panel review under
Subsection (3)(b), the applicable statute of limitations tolls until the earlier of:
(i) the court releasing the court-appointed therapist from appointment as described in
Subsection (3)(b); or
(ii) the court entering a final order in the domestic case.
(4) (a) The filing of a request for prelitigation panel review under this section tolls the
applicable statute of limitations until the later of:
(i) 60 days following the division's issuance of:
(A) an opinion by the prelitigation panel; or
(B) a certificate of compliance under Section 
78B-3-418
; or
(ii) the expiration of the time for holding a hearing under Subsection (4)(b)(ii).
(b) The division shall:
(i) send any opinion issued by the panel to all parties by regular mail; and
(ii) complete a prelitigation hearing under this section within:
(A) 180 days after the filing of the request for prelitigation panel review; or
(B) any longer period as agreed upon in writing by all parties to the review.
(c) If the prelitigation hearing has not been completed within the time limits
established in Subsection (4)(b)(ii), the claimant shall:
(i) file an affidavit of merit under the provisions of Section 
78B-3-423
; or
(ii) file an affidavit with the division within 180 days of the request for pre-litigation
review, in accordance with Subsection (4)(d), alleging that the respondent has failed to
reasonably cooperate in scheduling the hearing.
(d) If the claimant files an affidavit under Subsection (4)(c)(ii):
(i) within 15 days of the filing of the affidavit under Subsection (4)(c)(ii), the division
shall determine whether either the respondent or the claimant failed to reasonably cooperate in
the scheduling of a pre-litigation hearing; and
(ii) (A) if the determination is that the respondent failed to reasonably cooperate in the
scheduling of a hearing, and the claimant did not fail to reasonably cooperate, the division
shall, issue a certificate of compliance for the claimant in accordance with Section 
78B-3-418
;
or
(B) if the division makes a determination other than the determination in Subsection
(4)(d)(ii)(A), the claimant shall file an affidavit of merit in accordance with Section 
78B-3-423
,
within 30 days of the determination of the division under this Subsection (4).
(e) (i) The claimant and any respondent may agree by written stipulation that no useful
purpose would be served by convening a prelitigation panel under this section.
(ii) When the stipulation is filed with the division, the division shall within 10 days
after receipt issue a certificate of compliance under Section 
78B-3-418
, as it concerns the
stipulating respondent, and stating that the claimant has complied with all conditions precedent
to the commencement of litigation regarding the claim.
(5) The division shall provide for and appoint an appropriate panel or panels to hear
complaints of medical liability and damages, made by or on behalf of any patient who is an
alleged victim of medical liability. The panels are composed of:
(a) one member who is a resident lawyer currently licensed and in good standing to
practice law in this state and who shall serve as chairman of the panel, who is appointed by the
division from among qualified individuals who have registered with the division indicating a
willingness to serve as panel members, and a willingness to comply with the rules of
professional conduct governing lawyers in the state, and who has completed division training
regarding conduct of panel hearings;
(b) (i) one or more members who are licensed health care providers listed under
Section 
78B-3-403
, who are practicing and knowledgeable in the same specialty as the
proposed defendant, and who are appointed by the division in accordance with Subsection (6);
or
(ii) in claims against only a health care facility or the facility's employees, one member
who is an individual currently serving in a health care facility administration position directly
related to health care facility operations or conduct that includes responsibility for the area of
practice that is the subject of the liability claim, and who is appointed by the division; and
(c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
provider, and who is a responsible citizen of the state, selected and appointed by the division
from among individuals who have completed division training with respect to panel hearings.
(6) (a) Each person listed as a health care provider in Section 
78B-3-403
 and practicing
under a license issued by the state, is obligated as a condition of holding that license to
participate as a member of a medical liability prelitigation panel at reasonable times, places,
and intervals, upon issuance, with advance notice given in a reasonable time frame, by the
division of an Order to Participate as a Medical Liability Prelitigation Panel Member.
(b) A licensee may be excused from appearance and participation as a panel member
upon the division finding participation by the licensee will create an unreasonable burden or
hardship upon the licensee.
(c) A licensee whom the division finds failed to appear and participate as a panel
member when so ordered, without adequate explanation or justification and without being
excused for cause by the division, may be assessed an administrative fine not to exceed $5,000.
(d) A licensee whom the division finds intentionally or repeatedly failed to appear and
participate as a panel member when so ordered, without adequate explanation or justification
and without being excused for cause by the division, may be assessed an administrative fine not
to exceed $5,000, and is guilty of unprofessional conduct.
(e) All fines collected under Subsections (6)(c) and (d) shall be deposited into the
Physicians Education Fund created in Section 
58-67a-1
.
(f) The director of the division may collect a fine that is not paid by:
(i) referring the matter to a collection agency; or
(ii) bringing an action in the district court of the county where the person against whom
the penalty is imposed resides or in the county where the office of the director is located.
(g) A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a fine.
(h) A court shall award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a fine.
(7) Each person selected as a panel member shall certify, under oath, that he has no
bias or conflict of interest with respect to any matter under consideration.
(8) A member of the prelitigation hearing panel 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) In addition to the actual cost of administering the licensure of health care
providers, the division may set license fees of health care providers within the limits
established by law equal to their proportionate costs of administering prelitigation panels.
(b) The claimant bears none of the costs of administering the prelitigation panel except
under Section 
78B-3-420
.
Section 39. Section 
78B-3-450
 is amended to read:
78B-3-450.
Definitions.
As used in this part:
(1) "Adverse event" means an injury or suspected injury that is associated with a health
care process rather than an underlying condition of a patient or a disease.
(2) "Affected party" means:
(a) a patient; and
(b) any representative of a patient.
(3) "Communication" means any written or oral communication created for or during a
medical candor process.
(4) "Governmental entity" means the same as that term is defined in Section
63G-7-102
.
(5) "Health care" means the same as that term is defined in Section 
78B-3-403
.
(6) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(7) "Malpractice action against a health 
care
 provider" means the same as that term is
defined in Section 
78B-3-403
.
(8) "Medical candor process" means the process described in Section 
78B-3-451
.
(9) "Patient" means the same as that term is defined in Section 
78B-3-403
.
(10) "Public employee" means the same as the term "employee" as defined in Section
63G-7-102
.
(11) (a) Except as provided in Subsection (11)(c), "representative" means the same as
that term is defined in Section 
78B-3-403
.
(b) "Representative" includes:
(i) a parent of a child regardless of whether the parent is the custodial or noncustodial
parent;
(ii) a legal guardian of a child;
(iii) a person designated to make decisions on behalf of a patient under a power of
attorney, an advanced health care directive, or a similar legal document;
(iv) a default surrogate as defined in Section 
75-2a-108
; and
(v) if the patient is deceased, the personal representative of the patient's estate or the
patient's heirs as defined in Sections 
75-1-201
 and 
78B-3-105
.
(c) "Representative" does not include a parent of a child if the parent's parental rights
have been terminated by a court.
(12) "State" means the same as that term is defined in Section 
63G-7-102
.
Section 40. Section 
78B-3-454
 is amended to read:
78B-3-454.
Confidentiality and effect of medical candor process -- Recording of
medical candor process -- Exception for deidentified information or data.
(1) Except as provided in Subsections (2), (3), and (4), all communications, materials,
and information in any form specifically created for or during a medical candor process,
including the findings or conclusions of the investigation and any offer of compensation, are
confidential and privileged in any administrative, judicial, or arbitration proceeding.
(2) Any communication, material, or information in any form that is made or provided
in the ordinary course of business, including a medical record or a business record, that is
otherwise discoverable or admissible and is not specifically created for or during a medical
candor process is not privileged by the use or disclosure of the communication, material, or
information during a medical candor process.
(3) (a) Any information that is required to be documented in a patient's medical record
under state or federal law is not privileged by the use or disclosure of the information during a
medical candor process.
(b) Information described in Subsection (3)(a) does not include an individual's mental
impressions, conclusions, or opinions that are formed outside the course and scope of the
patient's care and treatment and are used or disclosed in a medical candor process.
(4) (a) Any communication, material, or information in any form that is provided to an
affected party before the affected party's written agreement to participate in a medical candor
process is not privileged by the use or disclosure of the communication, material, or
information during a medical candor process.
(b) Any communication, material, or information described in Subsection (4)(a) does
not include a written notice described in Section 
78B-3-452
.
(5) A communication or offer of compensation made in preparation for or during a
medical candor process does not constitute an admission of liability.
(6) Nothing in this part alters or limits the confidential, privileged, or protected nature
of communications, information, memoranda, work product, documents, and other materials
under other provisions of law.
(7) (a) Notwithstanding Section 
77-23a-4
, a party to a medical candor process may not
record any communication without the mutual consent of all parties to the medical candor
process.
(b) A recording made without mutual consent of all parties to the medical candor
process may not be used for any purpose.
(8) (a) Notwithstanding any other provision of law, any communication, material, or
information created for or during a medical candor process:
(i) is not subject to reporting requirements by a health care provider; and
(ii) does not create a reporting requirement for a health care provider.
(b) If there are reporting requirements independent of, and supported by, information or
evidence other than any communication, material, or information created for or during a
medical candor process, the reporting shall proceed as if there were no communication,
material, or information created for or during the medical candor process.
(c) This Subsection (8) does not release an individual or a health care provider from
complying with a reporting requirement.
(9) (a) A health care provider that participates in a medical candor process may provide
deidentified information or data about the adverse [
incident
] 
event
 to an agency, company, or
organization for the purpose of research, education, patient safety, quality of care, or
performance improvement.
(b) Disclosure of deidentified information or data under Subsection (9)(a):
(i) does not constitute a waiver of a privilege or protection of any communication,
material, or information created for or during a medical candor process as provided in this
section or any other provision of law; and
(ii) is not a violation of the confidentiality requirements of this section.
Section 41. Section 
78B-6-850
 is amended to read:
78B-6-850.
Definitions.
As used in this part:
(1) "Agency" means a state, county, or local government entity that generates or
maintains records relating to an unlawful detainer action.
(2) "Eviction" means a cause of action for unlawful detainer under Part 8, Forcible
Entry and Detainer.
(3) "Expunge" means to seal or otherwise restrict access to records held by a court or
an agency.
(4) "Petitioner" means any person petitioning for expungement of an eviction under
this [
section
] 
part
.
(5) (a) "Tenant screening agency" means a person that, for a fee, dues, or on a
cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling
or evaluating information for the purpose of furnishing a tenant screening report.
(b) "Tenant screening agency" does not include an owner as defined in Section
78B-6-801
.
(6) "Tenant screening report" means any written, oral, or other communication
prepared by a tenant screening agency that includes information about an individual's rental
history for the purpose of serving as a factor in establishing the individual's eligibility for
housing.
(7) "Unlawful detainer" means the same as that term is defined in Section 
78B-6-801
.
Section 42. Section 
78B-7-1003
 is amended to read:
78B-7-1003.
Requirements for expungement of protective order or stalking
injunction.
(1) (a) An individual against whom a civil order is sought may petition the court to
expunge records of the civil order.
(b) A petition under Subsection (1) shall be filed in accordance with the Utah Rules of
Civil Procedure.
(2) (a) The petitioner shall provide notice to the individual [
whom
] 
who
 filed the civil
order against the petitioner in accordance with Rule 4 of the Utah Rules of Civil Procedure.
(b) The individual who filed the civil order against the petitioner:
(i) may file a written objection with the court within 30 days after the day on which the
petition is received by the individual; and
(ii) if the individual files a written objection, provide a copy of the written objection to
the petitioner.
(c) If the court receives a written objection to the petition for expungement of a civil
order, the court shall:
(i) set a date for a hearing on the petition;
(ii) provide notice at least 30 days before the day on which the hearing is held to:
(A) all parties of the civil order; and
(B) any other person or agency that the court has reason to believe may have relevant
information related to the expungement of the civil order.
(d) The petitioner may respond, in writing, to any written objection within 14 days after
the day on which the written objection is received by the court.
(3) If no written objection is received within 60 days from the day on which the
petition for expungement is filed under Subsection (1), the court may grant the expungement in
accordance with Subsection (4) without a hearing.
(4) A court may expunge an ex parte civil protective order or an ex parte civil stalking
injunction if:
(a) the ex parte civil protective order or the ex parte civil stalking injunction was issued
but:
(i) the ex parte civil protective order or the ex parte civil stalking injunction is
dismissed, dissolved, or expired upon a hearing by the court;
(ii) the court did not issue a civil protective order or a civil stalking injunction on the
same circumstances for which the ex parte civil protective order or the ex parte civil stalking
injunction was issued;
(iii) at least 30 days have passed from the day on which the ex parte civil protective
order or the ex parte civil stalking injunction was issued;
(iv) the petitioner has not been arrested, charged, or convicted for violating the ex parte
civil protective order or ex parte civil stalking injunction; and
(v) there are no criminal proceedings pending against the petitioner in the state; or
(b) (i) the individual who filed the ex parte civil protective order or the ex parte civil
stalking injunction failed to appear for the hearing on the ex parte civil protective order or ex
parte civil stalking injunction;
(ii) at least 30 days have passed from the day on which the hearing on the ex parte civil
protective order or the ex parte civil stalking injunction was set to occur, including any
continuance, postponement, or rescheduling of the hearing;
(iii) the petitioner has not been arrested, charged, or convicted for violating the ex parte
civil protective order or ex parte civil stalking injunction; and
(iv) there are no criminal proceedings pending against the petitioner in the state.
(5) A court may expunge a civil protective order or a civil stalking injunction if:
(a) the civil protective order or the civil stalking injunction has been dismissed,
dissolved, vacated, or expired;
(b) three years have passed from the day on which the civil protective order or the civil
stalking injunction is dismissed, dissolved, vacated, or expired;
(c) the petitioner has not been arrested, charged, or convicted for violating the civil
protective order or the civil stalking injunction; and
(d) there are no criminal proceedings pending against the petitioner in the state.
Section 43. Section 
80-2-501
 is amended to read:
80-2-501.
Children's Account.
(1) There is created a restricted account within the General Fund known as the
"Children's Account."
(2) The account shall be funded by:
(a) appropriations to the account by the Legislature;
(b) revenues received under Section 
26-2-12.5
; and
(c) transfers, grants, gifts, bequests, or any money made available from any source for
the abuse and neglect prevention programs described in [
Subsection 
80-2-503
(3)
] 
Section
80-2-503
.
(3) The Legislature shall appropriate money in the account to the division.
(4) (a) The director shall consult with the executive director of the department before
using the funds in the account as described in this section.
(b) Except as provided in Subsection (5), the account may be used only to implement
prevention programs described in Section 
80-2-503
, and may only be allocated to an entity that
provides a one-to-one match, comprising a match from the community of at least 50% in cash
and up to 50% in in-kind donations, which is 25% of the total funding received from the
account.
(5) Upon recommendation of the executive director of the department and the council,
the division may reduce or waive the match requirements described in Subsection (4) for an
entity, if the division determines that imposing the requirements would prohibit or limit the
provision of services needed in a particular geographic area.
Section 44. Section 
80-2-503
 is amended to read:
80-2-503.
Division contracts for prevention and treatment of child abuse and
neglect -- Requirements -- Public hearing -- Funding provided by contractor.
(1) (a) The Legislature finds that there is a need to assist private and public agencies in
identifying and establishing community-based education, service, and treatment programs to
prevent the occurrence and recurrence of abuse and neglect.
(b) It is the purpose of this section to provide a means to increase prevention and
treatment programs designed to reduce the occurrence or recurrence of child abuse and neglect.
(2) The division shall contract with public or private nonprofit organizations, agencies,
or schools, or with qualified individuals to establish voluntary community-based educational
and service programs designed to reduce or prevent the occurrence or recurrence of abuse and
neglect.
(3) (a) A program that the division contracts with under this section shall provide
voluntary primary abuse and neglect prevention, and voluntary or court-ordered treatment
services.
(b) A program described in Subsection (3)(a) includes:
(i) a program related to prenatal care, perinatal bonding, child growth and
development, basic child care, care of children with special needs, and coping with family
stress;
(ii) a program related to crisis care, aid to parents, abuse counseling, support groups for
abusive or potentially abusive parents and abusive parents' children, and early identification of
families where the potential for abuse and neglect exists;
(iii) a program clearly designed to prevent the occurrence or recurrence of abuse,
neglect, sexual abuse, sexual exploitation, 
or
 medical or educational neglect;
(iv) a program that the division and council consider potentially effective in reducing
the incidence of family problems leading to abuse or neglect; and
(v) a program designed to establish and assist community resources that prevent abuse
and neglect.
(4) The division shall:
(a) consult with appropriate state agencies, commissions, and boards to help determine
the probable effectiveness, fiscal soundness, and need for proposed education and service
programs for the prevention and treatment of abuse and neglect;
(b) develop policies to determine whether a program will be discontinued or receive
continuous funding;
(c) facilitate the exchange of information between and among groups concerned with
families and children;
(d) establish flexible fees and fee schedules based on the recipient's ability to pay for
part or all of the costs of service received;
(e) before awarding a contract for an abuse or neglect prevention or treatment program
or service:
(i) conduct a public hearing to receive public comment on the program or service and
ensure the council conducted a public hearing on the program or service in accordance with
Subsection (6);
(ii) if the program or service is intended for presentation in public schools, receive
evidence that the program or service is approved by the local board of education of each school
district that will be utilizing the program or service, or under the direction of the local board of
education, the state superintendent; and
(iii) consider need, diversity of geographic locations, the program's or services'
coordination with or enhancement of existing services, and the program's or services' extensive
use of volunteers;
(f) award a contract under this section for services to prevent abuse and neglect on the
basis of probability of success, based in part on sound research data; and
(g) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, as necessary to carry out the purposes of this section.
(5) The division may:
(a) require that 25% of the funding for a program contracted for under this section be
provided by the contractor operating the program; and
(b) consider a contribution of materials, supplies, or physical facilities as all or part of
the funding provided by the contractor under Subsection (5)(a).
(6) The council shall conduct a public hearing to receive public comment on the
program or service before the division may enter into a contract under this section.
(7) A contract entered into under this section shall contain a provision for the
evaluation of services provided under the contract.
(8) Contract funds awarded under this section for the treatment of victims of abuse or
neglect are not a collateral source as defined in Section 
63M-7-502
.
Section 45. Section 
80-4-502
 is amended to read:
80-4-502.
Safe relinquishment of a newborn child -- Termination of parental
rights -- Affirmative defense.
(1) (a) A parent or a parent's designee may safely relinquish a newborn child at a
hospital in accordance with this part and retain complete anonymity, so long as the newborn
child has not been subject to abuse or neglect.
(b) Safe relinquishment of a newborn child who has not otherwise been subject to
abuse or neglect shall not, in and of itself, constitute neglect, and the newborn child may not be
considered a neglected child so long as the relinquishment is carried out in substantial
compliance with this part.
(2) (a) Personnel employed by a hospital shall accept a newborn child who is
relinquished under this part, and may presume that the individual relinquishing is the newborn
child's parent or the parent's designee.
(b) The person receiving the newborn child may request information regarding the
parent and newborn child's medical histories, and identifying information regarding the
nonrelinquishing parent of the newborn child.
(c) If the newborn child's parent or the parent's designee provides the person receiving
the newborn child with any of the information described in Subsection (2)(b) or any other
personal items, the person shall provide the information or personal items to the division.
(d) Personnel employed by the hospital shall:
(i) provide any necessary medical care to the newborn child;
(ii) notify the division of receipt of the newborn child as soon as possible, but no later
than 24 hours after receipt of the newborn child; and
(iii) prepare a birth certificate or foundling birth certificate if parentage is unknown for
the newborn child and file the certificate with the Office of Vital Records and Statistics within
the Department of Health.
(e) A hospital and personnel employed by a hospital are immune from any civil or
criminal liability arising from accepting a newborn child if the personnel employed by the
hospital substantially comply with the provisions of this part and medical treatment is
administered according to standard medical practice.
(3) The division shall assume care and protective custody of the newborn child
immediately upon notice from the hospital.
(4) So long as the division determines there is no abuse or neglect of the newborn
child, neither the newborn child nor the child's parents are subject to:
(a) the investigation provisions contained in Section 
80-2-701
; or
(b) the provisions of Chapter 3, Abuse, Neglect, and Dependency Proceedings.
(5) (a) Unless identifying information relating to the nonrelinquishing parent of the
newborn child is provided, the division shall:
(i) work with local law enforcement and the Bureau of Criminal Identification within
the Department of Public Safety in an effort to ensure that the newborn child has not been
identified as a missing child;
(ii) immediately place or contract for placement of the newborn child in a potential
adoptive home and, within 10 days after the day on which the child is received, file a petition
for termination of parental rights in accordance with this chapter;
(iii) direct the Office of Vital Records and Statistics within the Department of Health to
conduct a search for:
(A) a birth certificate for the newborn child; and
(B) unmarried biological fathers in the registry maintained by the Office of Vital
Records and Statistics in accordance with Title 78B, Chapter 15, Part 4, Registry; and
(iv) provide notice to each potential father identified on the registry described in
Subsection (5)(a)(iii) in accordance with Title 78B, Chapter 15, Part 4, Registry.
(b) (i) If no individual has affirmatively identified himself or herself within two weeks
after the day on which notice under Subsection (5)(a)(iv) is complete and established paternity
by scientific testing within as expeditious a time frame as practicable, a hearing on the petition
for termination of parental rights shall be scheduled and notice provided in accordance with
this chapter.
(ii) If a nonrelinquishing parent is not identified, relinquishment of a newborn child
under this part is considered grounds for termination of parental rights of both the relinquishing
and nonrelinquishing parents under Section 
80-4-301
.
(6) If at any time before the day on which the 
newborn
 child is adopted, the juvenile
court finds it is in the best interest of the newborn child, the court shall deny the petition for
termination of parental rights.
(7) The division shall provide for, or contract with a child-placing agency to provide
for expeditious adoption of the newborn child.
(8) So long as the individual relinquishing a newborn child is the newborn child's
parent or designee, and there is no abuse or neglect, safe relinquishment of a newborn child in
substantial compliance with this part is an affirmative defense to any potential criminal liability
for abandonment or neglect relating to the relinquishment.
Section 46. Section 
80-5-202
 is amended to read:
80-5-202.
Division rulemaking authority -- Reports on sexual assault.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules to:
(a) establish standards for the admission of a minor to detention;
(b) describe good behavior for which credit may be earned under Subsection
80-6-704
(4);
(c) establish a formula, in consultation with the Office of the Legislative Fiscal
Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah,
Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders
with the division;
(d) establish policies and procedures regarding sexual assaults that occur in detention
and secure care facilities; and
(e) establish the qualifications and conditions for services provided by the division
under Section 
80-6-809
.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules:
(a) that govern the operation of prevention and early intervention programs, youth
service programs, juvenile receiving centers, and other programs described in Section
80-5-401
; and
(b) that govern the operation of detention and secure care facilities.
(3) A rule made by the division under Subsection (1)(a):
(a) may not permit secure detention based solely on the existence of multiple status
offenses, misdemeanors, or infractions arising out of a single criminal episode; and
(b) shall prioritize use of home detention for a minor who might otherwise be held in
secure detention.
(4) The rules described in Subsection (1)(d) shall:
(a) require education and training, including:
(i) providing to minors detained in secure care and detention facilities, at intake and
periodically, easy-to-understand information, which is developed and approved by the division,
on sexual assault prevention, treatment, reporting, and counseling in consultation with
community groups with expertise in sexual assault prevention, treatment, reporting, and
counseling; and
(ii) providing training specific to sexual assault to division mental health professionals
and all division employees who have direct contact with minors regarding treatment and
methods of prevention and investigation;
(b) require reporting of any incident of sexual assault, including:
(i) ensuring the confidentiality of sexual assault reports from minors and the protection
of minors who report sexual assault; and
(ii) prohibiting retaliation and disincentives for reporting sexual assault;
(c) require safety and care for minors who report sexual assault, including:
(i) providing, in situations in which there is reason to believe that a sexual assault has
occurred, reasonable and appropriate measures to ensure the minor's safety by separating the
minor from the minor's assailant, if known;
(ii) providing acute trauma care for minors who report sexual assault, including
treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted
infections;
(iii) providing confidential mental health counseling for minors who report sexual
assault, including:
(A) access to outside community groups or victim advocates that have expertise in
sexual assault counseling; and
(B) enabling confidential communication between minors and community groups and
victim advocates; and
(iv) monitoring minors who report sexual assault for suicidal impulses, post-traumatic
stress disorder, depression, and other mental health consequences resulting from the sexual
assault;
(d) require staff reporting of sexual assault and staff discipline for failure to report or
for violating sexual assault policies, including:
(i) requiring all division employees to report any knowledge, suspicion, or information
regarding an incident of sexual assault to the director or the director's designee;
(ii) requiring disciplinary action for a division employee who fails to report as required;
and
(iii) requiring division employees to be subject to disciplinary sanctions up to and
including termination for violating agency sexual assault policies, with termination the
presumptive disciplinary sanction for division employees who have engaged in sexual assault,
consistent with constitutional due process protections and state personnel laws and rules;
(e) require that any report of an incident of sexual assault be referred to the Division of
Child and Family Services or a law enforcement agency with jurisdiction over the detention or
secure 
care
 facility in which the alleged sexual assault occurred; and
(f) require data collection and reporting of all incidents of sexual assault from each
detention and secure care facility.
(5) The division shall annually report the data described in Section (4)(f) to the Law
Enforcement and Criminal Justice Interim Committee.
Section 47. Section 
80-6-802
 is amended to read:
80-6-802.
Commitment to secure care -- Rights of individuals in secure care.
(1) If a youth offender is ordered to secure care under Section 
80-6-705
, the youth
offender shall remain in secure care until the youth offender is:
(a) 21 years old;
(b) paroled; or
(c) discharged.
(2) If a serious youth offender is ordered to secure care under Section 
80-6-705
, the
serious youth offender shall remain in secure care until the serious youth offender is:
(a) 25 years old;
(b) paroled; or
(c) discharged.
(3) (a) Subject to Subsection (3)(b), a juvenile offender in secure care, or an individual
housed in a secure care facility under Section 
80-6-507
, has the right to:
(i) phone the juvenile offender's or individual's parent, guardian, or [
an
] attorney; and
(ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or
custodian.
(b) The division may:
(i) establish a schedule for which a juvenile offender, or an individual housed in a
secure care facility under Section 
80-6-507
, may visit or phone a person described in
Subsection (3)(a);
(ii) allow a juvenile offender, or an individual housed in a secure care facility under
Section 
80-6-507
, to visit or call persons described in Subsection (3)(a) in special
circumstances;
(iii) limit the number and length of calls and visits for a juvenile offender, or an
individual housed in a secure care facility under Section 
80-6-507
, to persons described in
Subsection (3)(a) on account of scheduling, facility, or personnel constraints; or
(iv) limit the juvenile offender's or individual's rights under Subsection (3)(a) if a
compelling reason exists to limit the juvenile offender's or individual's rights.
(c) A juvenile offender in secure care, or an individual housed in a secure care facility
under Section 
80-6-507
, shall be advised of the rights described in Subsection (3)(a).
Section 48. 
Repealer.
This bill repeals:
Section 
62A-4a-210
,
Definitions.
Section 
62A-4a-211
,
Division responsibilities -- Normalizing lives of children.